CP 2012-07-10City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, July 10, 2012
KAREN HUNT TIM BRANCHEAU
Mayor Mayor Pro Tem
BOB MAHALIK BILLY FAUGHT
Place 2 Place 5
WES MAYS MARVIN FRANKLIN
Place 3 Place 6
GARY RODEN AARON DUNCAN
Place 4 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.
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 Bethel
Road and east of S. Coppell Road.
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
B.Discussion regarding property matters that concern property west of
Royal Lane and south of Bethel Road.
Page 1 City of Coppell, Texas Printed on 7/6/2012
July 10, 2012City Council Meeting Agenda
Section 551.071, Texas Government Code - Consultation with City Attorney and Section
551.072, Texas Government Code - Deliberation regarding Real Property.
C.Discussion regarding the acquisition of real property located at 265
Parkway, Coppell, Texas.
Section 551.071, Texas Government Code - Consultation with City Attorney.
D.Discussion regarding an Interlocal Agreement with the City of Carrollton
for deannexation of certain land and annexation of the same into the
City of Coppell.
E.Consultation with the City Attorney in regards to Cause Number
05-10-00283-CV, styled Mira Mar Development Corporation v. City of
Coppell, Texas.
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Discussion regarding the Annual Appointments to Boards and
Commissions.
B.Discussion of Agenda Items.
2012 Memo to CouncilAttachments:
RECEPTION IN ATRIUM FROM 6:30 P.M. TO 7:30 P.M
Regular Session (Open to the Public)
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Swearing in of Councilmember Place 3.
7.Presentation by Texas Municipal Library Directors Association of the
2011 Achievement of Excellence in Libraries Award.
8.Presentation of an award to the Coppell Aquatic and Recreation Center
from Ellis & Associates as the recipient of the 2011 Gold International
Aquatic Safety Award.
Staff Memo.pdfAttachments:
9.Citizens’ Appearance
10.Consent Agenda
A.Consider approval of minutes: June 12, 2012.
Minutes for June 12, 2012Attachments:
Page 2 City of Coppell, Texas Printed on 7/6/2012
July 10, 2012City Council Meeting Agenda
B.Consider approval of an Ordinance for CASE NO. PD-171R3-HC, GTE
Shared Services Addition (Clear C2 Office), a zoning change request
from PD-171-HC (Planned Development-171-Highway Commercial) to
PD-171R3-HC (Planned Development-171 Revision 3-Highway
Commercial), to revise the Concept Site Plan on 9.74 acres of property
and attach a Detail Site Plan for a 11,077-square-foot office building on
2.09 acres of property located on the north side of Canyon Drive, east of
S.H. 121 and authorizing the Mayor to sign.
Ordinance.pdf
EXHIBIT A.pdf
EXHIBIT B.pdf
EXHIBIT C.pdf
EXHIBIT D.pdf
EXHIBIT E.pdf
EXHIBIT F .pdf
Attachments:
C.Consider approval of Ordinance for CASE NO. PD-235-O to SF-12,
Akula, a zoning change request from PD-235-O (Planned
Development-235-Office) to SF-12 (Single Family-12), to allow 0.83
acres of this property to be incorporated with the adjacent 1.46 acres of
property to permit the development of one single-family home located at
1180 Sandy Lake Road and authorizing the Mayor to sign.
Ordinance.pdf
EXHIBIT A.pdf
Attachments:
D.Consider approval of an Ordinance for CASE NO. PD-116R2-SF-7,
Chaucer Estates, Lots 4 & 7, Block C, a zoning change request from
PD-116R-SF-7 (Planned Development-116 Revised-Single Family-7) to
PD-116R2-SF-7 (Planned Development-116 Revision 2-Single
Family-7), to relocate and modify the existing rear fences on 187
Chaucer Court and 101 Dickens Drive and authorizing the Mayor to
sign.
Ordinance.pdf
EXHIBIT A.pdf
EXHIBIT B.pdf
Attachments:
E.Consider approval of an Ordinance for CASE NO. PD-194R4-LI,
Amberpoint Business Park, Lot 2R-3R, Block A, a zoning change
request from PD-194R3-LI (Planned Development-194 Revision 3-Light
Industrial) to PD-194R4-LI (Planned Development-194 Revision 4-Light
Industrial), to attach a Detail Site Plan for a 300,800-square-foot
office/warehouse building on 19.4 acres of property located on the east
side of Northpoint Drive, north of Wagon Wheel Park and authorizing
the Mayor to sign.
Page 3 City of Coppell, Texas Printed on 7/6/2012
July 10, 2012City Council Meeting Agenda
Ordinance.pdf
EXHIBIT A.pdf
EXHIBIT B.pdf
EXHIBIT C.PDF
EXHIBIT D.pdf
EXHIBIT E (2 pages).pdf
EXHIBIT F.pdf
Attachments:
F.Consider approval of an Ordinance of the City of Coppell, Texas,
amending Article 1-9 of the Code of Ordinances by repealing the current
Article 1-9 and replacing with a new Article 1-9 of the Records
Management Program; and authorizing the Mayor to sign.
Ordinance.pdfAttachments:
End of Consent Agenda
11.PUBLIC HEARING:
Consider approval of CASE NO. PD-255-SF, Westhaven, a zoning
change request from HC (Highway Commercial) to PD-255-SF (Planned
Development-255-Single Family), to permit the development of 297
residential lots and 37 common area lots on 93.8 acres of property
located south of S.H. 121, approximately 450 feet west of Magnolia
Park.
Staff Report.pdf
Applicant's Letter - Tree Mitigation Fees.pdf
Noise Analysis Report.pdf
TxDOT Letter.pdf
CISD Letter.pdf
Planned Development Conditions.pdf
Detail Site Plan (5 pages).pdf
Traffic Calming Plan.pdf
Tree Survey (4 pages).pdf
Landscape Plan (L-00 to L-05).pdf
Landscape Plan Detail Entry Feature (L-06).pdf
Landscape Plan Details (L-07).pdf
Landscape Plan Details (L-08 to L-09).pdf
Landscape Plan Details (L-10 to L-14).pdf
Attachments:
12.Consider approval of the Westhaven, Preliminary Plat, being a
preliminary plat to permit the development of 297 residential lots and 37
common area lots on 93.8 acres of property located south of S.H. 121,
approximately 450 feet west of Magnolia Park.
Page 4 City of Coppell, Texas Printed on 7/6/2012
July 10, 2012City Council Meeting Agenda
Staff Report.pdf
Preliminary Plat.pdf
Attachments:
13.Consider approval of the Ridgecrest Estates, Preliminary Plat, to allow
26 single-family lots and two (2) common area lots on 6.69 acres of
property located at the northeast corner of East Sandy Lake Road and
Lodge Street.
Staff Report.pdf
Preliminary Plat.pdf
Attachments:
14.Consider granting the Planning & Zoning Commission authority for final
plat approval of Ridgecrest Estates, to allow 26 single-family lots and
two (2) common area lots on 6.69 acres of property located at the
northeast corner of East Sandy Lake Road and Lodge Street.
15.Consider approval of an Engineering Services contract with J. Volk
Consulting, Inc. in the amount of $348,500.00 for the design of
Mockingbird Lane and Whispering Hills Drive; as provided for by the ¼
Cent Sales Tax for Street Maintenance; and authorizing the City
Manager to sign and execute all necessary documents.
Design Contract for Streets Memo.pdf
Design Contract for Streets Exhibits.pdf
Design Contract for Streets Contract.pdf
Attachments:
16.Consider approval of a License Agreement between the City of Coppell
and Ronald D. Hinds and Jeanne Crandall to allow for the continued use
of a portion of a sanitary sewer easement located at 965 Gibbs
Crossing; and authorizing the City Manager to sign and execute any
necessary documents.
License agreement 965 Gibbs Crossing Memo.pdf
License agreement 965 gibbs crossing survey.pdf
License agreement 965 gibbs crossing pool permit.pdf
License agreement 965 Gibbs Crossing Exhibit.pdf
License Agreement Gibbs Crossing.pdf
Attachments:
17.Consider approval of an ordinance of the City of Coppell amending the
Code of Ordinances by adding Article 15-15 regulating the discharge of
wastes into the municipal separate storm sewer system (MS4) and
surface water within the City of Coppell by establishing a Storm Water
Quality Management and Illicit Discharge Ordinance; and authorizing
the Mayor to sign and execute any necessary documents.
Storm water ordinance MEMO.pdf
Storm water Ordinance 2012 SWMP.pdf
Stormwater Ordinance.pdf
Attachments:
18.PUBLIC HEARING:
Page 5 City of Coppell, Texas Printed on 7/6/2012
July 10, 2012City Council Meeting Agenda
Consider approval of an Ordinance designating AD Amberpoint 300,
LLC, Reinvestment Zone No. 71 pursuant to Section 312.201 of the
Property Redevelopment and Tax Abatement Act, and authorizing the
Mayor to sign.
Public Hearing and Ordinance Memo.pdf
Public Hearing Notice.pdf
Ordinance.pdf
Attachments:
19.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and AD Amberpoint 300, LLC,
and authorizing the Mayor to sign.
Resolution Memo.pdf
Resolution.pdf
Tax Abatement Agreement.pdf
Attachments:
20.Consider approval of an Economic Development Agreement by and
between the City of Coppell and Geoforce, Inc., and authorizing the
Mayor to sign.
Economic Development Incentive Agreement Memo.pdf
Economic Development Incentive Agreement.pdf
Attachments:
21.Discuss and consider approving a Resolution to enter into an Interlocal
Agreement with the City of Carrollton for deannexation of certain land
and annexation of the same into the City of Coppell, Texas; and,
authorizing the Mayor to sign said Resolution and Agreement.
Carrollton Deannexation Resolution.pdfAttachments:
22.Discuss and consider approving a Resolution authorizing the City
Manager and City Attorney to purchase or in lieu thereof, to acquire by
eminent domain, real property located at 265 Parkway, Coppell, Texas;
and, authorizing the Mayor to sign.
Resolution.pdf
265 Parkway Exhibit
Attachments:
23.City Manager Reports
Project Updates and Future Agendas.
24.Public Service Announcements concerning items of community interest and no
Council action or deliberation is permitted.
25.Necessary Action from Executive Session
Adjournment
Page 6 City of Coppell, Texas Printed on 7/6/2012
July 10, 2012City Council Meeting Agenda
________________________
Karen Selbo Hunt, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 6th day of July, 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 7 City of Coppell, Texas Printed on 7/6/2012
MEMORANDUM
DATE: July 5, 2012
TO: Clay Phillips, City Manager
FROM: Christel Pettinos, City Secretary
SUBJECT: Annual Board/Commission/Committee Appointments
RE: Process Schedule
Listed below is a schedule of dates for the annual appointments of members to the City’s
Boards/Commissions/Committees that I would like to review with the City Council during the
Work Session of July 10, 2012:
Advertising – August 6 through September 21, 2012
A press release will be forwarded to the Citizens Advocate, Coppell Gazette,
Dallas Morning News, CiTV Government Cable Access Channel and put on the
web site, requesting citizens to volunteer to serve on the City’s
Boards/Commissions/Committees. Advertising will continue for a period of
seven (7) consecutive weeks from August 6, 2012 through September 21, 2012.
During the month of August, a mass mailing will be sent to all Coppell citizens.
The mailing will consist of an application and a summary of each of the
Boards/Commissions/Committees.
Applications – August 6 through September 21, 2012
Applications will be available and accepted from 8:00 a.m. to 5:00 p.m.,
August 6, 2012 through September 21, 2012 in the City Secretary’s Department at
Town Center. Applications presently on file in the City Secretary’s Department
will not be considered.
Staff Liaisons
Staff Liaisons will be issued a membership list on July 20, 2012 for their
particular Board/Commission/Committee, indicating those members whose terms
expire December 2012, together with a new application form for distribution,
should those members wish to re-apply. Deadline for these applications will also
be September 21st.
City Council Applicant Packet
A binder will be prepared for members of Council containing a master list of all
applicants, together with copies of each application and pertinent information.
This document will be available in the City Secretary’s Department for each
member of Council at 8:00 a.m., Friday, September 28, 2012. Any binders not
picked up by 5:00 p.m. on Friday will be put in the Council mailboxes.
Interview Process – October 1 though October 18, 2012
Board of Adjustment
Economic Development
Keep Coppell Beautiful
KCB Youth Advisor
Library Board
Library Board Youth Advisor
Park and Recreation Board
Park & Rec. Board Youth Advisor
Planning & Zoning Commission
Letters will be sent to each applicant reaffirming the date of the interview and
scheduling individual times.
Appointments – November 13, 2012
An agenda item will be submitted for the November 13, 2012 City Council
meeting to appoint members to the City’s Boards/Commissions/ Committees.
Letters of Appointment and/or Regret
The City Secretary’s Department will notify all applicants indicating their
appointment and date of being sworn into office, and/or letters of regret. Staff
Liaisons will be requested to contact applicants to confirm their attendance at the
swearing-in ceremony.
Swearing-in Ceremony
An agenda item and oaths of office will be prepared for the December 11, 2012
City Council meeting for the Mayor to formally swear in appointed members.
New members will officially take their position on the
Board/Commission/Committee on January 1, 2013.
Reception
A reception for the newly appointed members and the members whose
commission did not expire will be held prior to the December 11, 2012 City
Council meeting.
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: July 10, 2012
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Re: Presentation of an award to the Coppell Aquatic and Recreation Center from Ellis
and Associates as the recipient of the 2011Gold International Aquatic Safety
Award.
Background:
Ellis & Associates (E&A) is the City’s aquatic safety and risk management consulting firm.
E&A provides lifeguard training programs and safety audit assessments for the Aquatic and
Recreation Center’s staff and programs.
The “Gold International Aquatic Safety Award” is presented each year to the E&A clients who
have shown exemplary performance during safety audits. E&A conducts four, unannounced
audits each year, which include hidden camera observations of lifeguards during their shifts, to
ensure that they are maintaining constant vigilance and professionalism as per the E&A
guidelines.
Earning this award demonstrates that the Aquatics and Recreation Center operates by
consistently exceeding industry standards in risk management, and epitomizes aquatic safety
excellence.
Steve Miller, the Client Manager for E&A, will present the 2011 “Gold International Aquatic
Safety Award” to the City.
The Aquatic and Recreation Center staff will be represented by:
Jessica Carpenter, Aquatic Center Manager
Kristen Bright, Head Lifeguard
Nathan Cox, Head Lifeguard
Council Action Requested:
None
255 Parkway Boulevard
Coppell, Texas 75019-9478City of Coppell, Texas
Minutes - Draft
City Council
5:30 PM Council ChambersTuesday, June 12, 2012
KAREN HUNT TIM BRANCHEAU
Mayor Mayor Pro Tem
BOB MAHALIK BILLY FAUGHT
Place 2 Place 5
BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN
Place 3 Place 6
GARY RODEN AARON DUNCAN
Place 4 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 Tuesday, June
12, 2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
Call to Order1.
Mayor Hunt called the meeting to order, determined that a quorum was present
and convened into Work Session.
Mayor Hunt adjourned the Work Session at 6:41 p.m. and convened into
Executive Session at 6:42 p.m.
Brianna Hinojosa-Flores;Billy Faught;Marvin Franklin;Karen Hunt;Gary
Roden and Aaron Duncan
Present 6 -
Tim Brancheau and Bob MahalikAbsent2 -
Executive Session (Closed to the Public) 1st Floor Conference Room2.
Section 551.087, Texas Government Code - Economic Development Negotiations.
A.Discussion regarding economic development prospects north of
Wrangler and west of Belt Line.
Page 1City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
B.Discussion regarding economic development prospects north of
Lakeshore and west of Belt Line.
C.Discussion regarding economic development prospects north of
Interstate 635 and west of Freeport.
D.Discussion regarding economic development prospects north of
Interstate 635 and west of Belt Line.
Discussed under Executive Session
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
E.Discussion regarding property matters that concern property west
of Freeport and south of Bethel Road.
F.Discussion regarding property purchases and matters concerning
property located at Northlake.
G.Discussion regarding property east of Denton Tap Road and north
of Sandy Lake Road.
H.Discussion regarding property north of Sandy Lake Road and east
of MacArthur Boulevard.
I.Discussion regarding the Oncor utility relocation associated with
Sandy Lake Road.
Discussed under Executive Session
Mayor Hunt recessed the Executive Session at 7:29 p.m. and reopened the
Regular Session.
Work Session (Open to the Public) 1st Floor Conference Room3.
A.Presentation regarding an awareness campaign of Coppell’s
“Green” and Sustainability Activities.
B.Discussion regarding Economic Development Entrance and Exit
Survey.
C.Discussion regarding the appointment of a voting representative to
North Central Texas Council of Government’s General Assembly.
D.Discussion regarding Council Committee Preferences.
E.Discussion of Agenda Items.
Page 2City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
Presented in Work Session
Regular Session (Open to the Public)
Invocation 7:30 p.m.4.
Rev. Asheigh Joyner, with First United Methodist Church, gave the Invocation.
Pledge of Allegiance5.
Mayor Hunt led those present in the Pledge of Allegiance.
At this point, Item 17 was heard next.
17.Consider approval of a Resolution calling on the Texas legislature to
reexamine the public school accountability system in Texas and to
develop a system that truly measures student learning against rigorous
standards that will prepare them for their global future without
undermining the fundamental principles of good teaching or destroying
the students’ innate love of learning, and authorizing the Mayor to sign.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
Enactment No: RE 2012-0612.1
Board Reports6.
Report by the Library Board.
Pat Nicks, Chair, gave the board's semi-annual report.
Vicki Chiavetta, Director of Library Services, answered questions of Council.
Citizens’ Appearance7.
Mayor Hunt advised that no one signed up to speak.
Consent Agenda8.
A.Consider approval of minutes: May 22, 2012.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
Page 3City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
B.Consider approval of an Ordinance for Case No. PD-250R2-H, Old
Town Addition (Main Street), Lot 2R, Block E, a zoning change from
PD-250-H (Planned Development-250-Historic), to PD-250R2-H
(Planned Development-250 Revision 2-Historic) on Lot 2R, Block E, for
a pavilion, fountain, play area and public restroom/storage building on
property located south of Houston Street and north of Travis Street
between West Main and East Main Streets and authorizing the Mayor
to sign.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
Enactment No: 91500-A-0586
C.Consider approval of an Ordinance for Case No. PD-250R3-H, Old
Town Addition (Main Street) Entry Feature, Lot 1RX, Block B, a zoning
change from PD-250-H (Planned Development-250-Historic) to
PD-250R3-H (Planned Development-250 Revision 3-Historic), for an
Entry Feature on property located at the southeast corner of Bethel
Road and Main Street and authorizing the Mayor to sign.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
Enactment No: 91500-A-0587
D.Consider approval of an Ordinance for Case No. PD-250R4-H, Old
Town Addition (Main Street) Parking Lot, Lot 1R, Block A, a zoning
change from PD-250-H (Planned Development-250-Historic) to
PD-250R4-H (Planned Development-250 Revision 4-Historic), for
parking lot with 80 parking spaces on property located at the northeast
corner of Hammond Street and Houston Street and authorizing the
Mayor to sign.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
Enactment No: 91500-A-0588
E.Consider approval of an Ordinance for Case No. PD-254-SF,
Ridgecrest Estates, a zoning change from SF-12 (Single Family-12) to
PD-254-SF (Planned Development-254-Single Family), to allow 26
single-family lots and two common area lots on property located at the
northeast corner of East Sandy Lake Road and Lodge Road and
authorizing the Mayor to sign.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
Page 4City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
Enactment No: 91500-A-0589
F.Consider approval of appointing Glenn Portman to fill the unexpired
term of Aaron Duncan on the Planning and Zoning Commission.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
G.Consider approval of the quote from Paradigm Traffic Systems, Inc. for
video detection cameras and associated hardware in the amount of
$53,676.00; as provided for in the IMF funds; and authorizing the City
Manager to sign and execute any necessary documents.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
H.Consider authorizing the City Manager to waive the permit fees for the
roof replacement of 12 Coppell Independent School District buildings
as required by Coppell City Ordinance Section 18-1 Adoption of Fees
and Charges.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Gary Roden, that Agenda Items A-H, amending Item H to
include the CFBISD campus, be approved on the Consent Agenda. The motion
passed by an unanimous vote.
End of Consent Agenda
9.PUBLIC HEARING:
Consider approval of CASE NO. PD-171R3-HC, GTE Shared Services
Addition (Clear C2 Office), a zoning change request from PD-171-HC
(Planned Development-171-Highway Commercial) to PD-171R3-HC
(Planned Development-171 Revision 3-Highway Commercial), to
revise the Concept Site Plan on 9.74 acres of property and attach a
Detail Site Plan for a 11,077-square-foot office building on 2.09 acres
of property located on the north side of Canyon Drive, east of S.H.
121.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak.
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to close the Public Hearing and approve
subject to the following conditions:
1) Tree removal permit will be required prior to start of construction; and
Page 5City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
2) Additional comments may be added during detailed engineering plan review.
The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
10.PUBLIC HEARING:
Consider approval of the GTE Shared Services Addition, Lots 1R1A &
1R1B, Block 1, Replat, being a replat of Lot 1R1, Block 1, of the GTE
Shared Services Addition, which contains 9.74 acres of property, to
establish a fire lane and utility easements to support the development
of a 11,077-square-foot office building on Lot 1R1B, which contains
2.09 acres of property located on the north side of Canyon Drive, east
of S.H. 121.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak.
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Brianna Hinojosa-Flores, to close the Public Hearing and
approve. The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
11.PUBLIC HEARING:
Consider approval of CASE NO. PD-194R4-LI, Amberpoint Business
Park, Lot 2R-3R, Block A, a zoning change request from PD-194R3-LI
(Planned Development-194 Revision 3-Light Industrial) to
PD-194R4-LI (Planned Development-194 Revision 4-Light Industrial),
to attach a Detail Site Plan for a 300,800-square-foot office/warehouse
building on 19.4 acres of property located on the east side of
Northpoint Drive, north of Wagon Wheel Park.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak.
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve
subject to the following condition:
1) Additional comments may be generated upon detailed engineering review.
The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
12.PUBLIC HEARING:
Consider approval of the Amberpoint Business Park, Lot 2R-3R, Block
Page 6City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
A, Replat, being a replat of Lot 2R3, Block A to Lot 2R-3R, Block A, to
establish a fire lane and utility easements to support the development
of a 300,800-square-foot office/warehouse building on 19.4 acres of
property located on the east side of Northpoint Drive, north of Wagon
Wheel Park.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak.
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, to close the Public Hearing and approve
subject to the following condition:
1) Additional comments may be generated upon detailed engineering review.
The motion passe by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
13.PUBLIC HEARING:
Consider approval of CASE NO. PD-116R2-SF-7, Chaucer Estates,
Lots 4 & 7, Block C, a zoning change request from PD-116R-SF-7
(Planned Development-116 Revised-Single Family-7) to
PD-116R2-SF-7 (Planned Development-116 Revision 2-Single
Family-7), to relocate and modify the existing rear fences on 187
Chaucer Court and 101 Dickens Drive.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak.
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve. The
motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
14.PUBLIC HEARING:
Consider approval of CASE NO. PD-235-O to SF-12, Akula, a zoning
change request from PD-235-O (Planned Development-235-Office) to
SF-12 (Single Family-12), to allow 0.83 acres of this property to be
incorporated with the adjacent 1.46 acres of property to permit the
development of one single-family home located at 1180 Sandy Lake
Road.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak.
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Page 7City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
Councilmember Marvin Franklin, to close the Public Hearing and approve. The
motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
15.PUBLIC HEARING:
Consider approval of the Denton Creek @ Sandy Lake Addition, Lot
1R, Block A, Replat, being a replat of Lots 1 & 2, Block A, of the
Denton Creek @ Sandy Lake Addition, into one residential lot
containing 2.29 acres of property located on the north side of Sandy
Lake Road, approximately 550 feet west of Starleaf Street.
Mayor Hunt opened the Public Hearing and advised no one signed up to speak
Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Gary Roden, seconded by
Councilmember Billy Faught, to close the Public Hearing and approve subject
to the following condition:
1) Additional comments may be added during detailed engineering plan review.
The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
16.Consider approval of the Biodiversity Center, Site Plan, a site plan to
allow the development of a nature center, education hall, offices,
including solar panels, a rainwater collection facility and related uses
on 3.15 acres of property located within Coppell Nature Park at 367
Freeport Pkwy.
Gary Sieb, Director of Planning, made a presentation to Council.
Brad Reid, Director of Parks and Recreation, answered questions of Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Aaron Duncan, that this Agenda Item be approved subject to
the following condition:
1) Depict the floodplain boundaries correctly.
The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
18.Consider approval of an agreement with Oncor Electric Delivery to
provide street lighting with the Old Town Coppell and Bethel Road
Project area in the amount of $262,575.27, as provided for in CIP
funds; and authorizing the City Manager to sign and execute any
Page 8City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
necessary documents.
Keith Marvin, Project Engineer, made a presentation to Council.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Brianna Hinojosa-Flores, that this Agenda Item be approved.
The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
19.Consider approval of Change Order Number 6 to the Old Town
Coppell and Bethel Road Infrastructure Improvements (ST10-02)
project in the amount of $85,938.65 with JRJ Paving, L.P.; as provided
in CIP funds; and authorizing the City Manager to sign and execute all
necessary documents.
Keith Marvin, Project Engineer, made a presentation to Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
20.Consider appointing a voting representative to the North Central
Council of Government’s General Assembly.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Marvin Franklin, to appoint Councilmember Aaron Duncan to
the North Central Texas Council of Government's General Assembly as
Coppell's voting representative. The motion passed by an unanimous vote.
Councilmember Brianna Hinojosa-Flores;Councilmember Billy
Faught;Councilmember Marvin Franklin;Councilmember Gary Roden and
Councilmember Aaron Duncan
Aye:5 -
21.Consider appointments to Council Committees.
Postponed to the City Council due back on 7/24/2012
City Manager Reports22.
Project Updates and Future Agendas.
Mr. Phillips reminded Council that this was the last meeting in June. The next
meeting will be July 10th, followed by Budget Workshops on July 17th and July
30th. We will have to canvass the Runoff Election sometime between June
27th and July 4th, so we will be in contact with Council to decide that date. At
the July 10th meeting, we will have a reception thanking Councilmember
Hinojosa-Flores for her years of service.
Regarding project updates, Old Coppell is happening. Bethel Road is now
Page 9City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
open to two-way traffic ahead of schedule. Finally, the City of Coppell won the
Silver Award for Transparancy from the Texas Comptroller's Office.
Mayor and Council Reports23.
A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting.
B.Report by Mayor Hunt regarding the annual Spirit of Coppell
Activities to be held July 3rd and 4th.
Mayor Hunt reported that she attended her first Metroplex Mayors' Meeting.
Representatives from the Appraisal District spoke about property values.
Mayor Hunt also reported on the annual Spirit of Coppell Event scheduled for
July 3rd and 4th. Fireworks will take place on July 3rd with food, fun, and
festivities! Activities will include face painting, train rides, bounce houses,
food, and more! There will be a live performance by the band The Motion.
Fireworks will begin approximately at 9:40pm.
The Spirit of Coppell Parade will take place on July 4th at 9am. This is one
hour earlier than previous years to avoid the heat. The parade route will begin
on Samuel and continue to Parkway, ending at Town Center Plaza.
Council Committee Reports24.
Council Committee Reports
A.Carrollton/Farmers Branch ISD/Lewisville ISD -
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 -
G.Metrocrest Medical Foundation - Mahalik.
H.Metrocrest Medical Services - Hinojosa-Flores.
I.Metrocrest Social Services - Franklin.
J.North Texas Council of Governments -
K.North Texas Commission - Hunt.
L.Senior Adult Services - Franklin.
A. Nothing to report.
B. Councilmember Hinojosa-Flores announced that some students at the high
school created an app using grant funds, which is available on iTunes, called
Coppell Nature to Go. Also, the school district is asking everyone to update
their account information on the portal so they can send information out over
the summer. Finally, watch for the new CISD website to debut in the Fall.
C. Councilmember Faught made the following announcements for the Coppell
Seniors: On June 15th, there will be a Father's Day Breakfast; on June 27th,
they will be holding the monthly Pot Luck Lunch; on June 28th, there will be a
Page 10City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
ping pong tournament; the Craft Fair will be held in November and there will be
a trip to Beijing, China in October. Finally, Mr. Bill James was awarded June's
Senior of the Month.
D. Mayor Hunt reported that the DRMC Executive Group met for their Strategic
Planning Session.
E. Nothing to report.
F. Nothing to report.
G. Nothing to report.
H. Nothing to report.
I. Councilmember Franklin reported that Bunny Summerlin announced that the
Metrocrest Senior Services received increased funding from the United Way.
They kicked off their Summer Food Feeding Program by providing meals for
560+ kids, and a van was donated to help support the Food Pantry. Finally,
they are getting ready for the upcoming school supply drive.
J. Nothing to report.
K. Mayor Hunt said North Texas Commission is focusing on water
conservation and is coordinating with people to put together actions of
conservancy.
L. Councilmember Franklin reminded Council that the Tee It Up for Seniors
Golf Tournament will be held on June 25th at the Brookhaven Country Club.
Public Service Announcements concerning items of community interest and no
Council action or deliberation is permitted.
25.
Councilmembers Hinojosa-Flores and Franklin attended the 2nd Annual Farm
to Table Dinner hosted by the Coppell Farmers Market. Councilmember
Hinojosa-Flores thanked Amanda Vanhoozier and the Farmres Market Team for
their hard work putting the meal together. The evening was a fundraiser which
supported the Lone Star Food Stamps Program at local Farmers Markets.
Necessary Action from Executive Session26.
Nothing to report.
Adjournment
There being no further business to come before the City Council, the meeting
was adjourned.
________________________
Karen Selbo Hunt, Mayor
Page 11City of Coppell, Texas
June 12, 2012City Council Minutes - Draft
ATTEST:
______________________________
Christel Pettinos, City Secretary
Page 12City of Coppell, Texas
1 TM56055
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-171-HC (PLANNED
DEVELOPMENT-171-HIGHWAY COMMERCIAL) TO PD-171R3-HC
(PLANNED DEVELOPMENT-171 REVISION 3-HIGHWAY
COMMERCIAL), TO REVISE THE CONCEPT SITE PLAN AND
ATTACH A DETAIL SITE PLAN FOR A 11,077-SQUARE-FOOT OFFICE
BUILDING ON PROPERTY LOCATED ON THE NORTH SIDE OF
CANYON DRIVE, EAST OF S.H. 121, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING
FOR THE APPROVAL OF DEVELOPMENT REGULATIONS THROUGH
ADOPTION OF THE CONCEPT SITE PLAN, DETAIL SITE PLAN, TREE
SURVEY, DETAIL LANDSCAPE PLAN AND DETAIL ELEVATIONS,
ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E” AND “F”
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-171R3-
HC should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from PD-171-HC (Planned
Development-171-Highway Commercial) to PD-171R3-HC (Planned Development-171
Revision 3-Highway Commercial), to revise the Concept Site Plan and attach a Detail Site Plan
2 TM56055
for a 11,077-square-foot office building on property located on the north side of Canyon Drive,
east of S.H. 121, 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 the provisions of Planned Development 171-HC except as amended herein with the
following development conditions as set forth herein below;
A) A Detail Site Plan and Replat indicating all necessary right-of-way as required
for SH 121, shall be required prior to the development on Lot 1R1A, Block 1.
B) A tree removal permit will be required prior to the removal of any trees.
C) Development of the property shall be in accordance with the regulations as
provided in Section 3 of this Ordinance.
SECTION 3. That Concept Site Plan, Detail Site Plan, Tree Survey, Detail Landscape
Plan, and Detail Elevations attached hereto as Exhibits “B”, “C”, “D”, “E”, and “F”
respectively, and made a part hereof for all purposes as special development regulations, 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 Highway Commercial (Highway Commercial) District
regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as
amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
3 TM56055
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:
____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/mpm)
LEGAL DESCRIPTION
EXHIBIT “A”
101103104105108109110111112114115116117118119120102106107113%12;4+)*6#<+/76* #4%*+6'%674'+0%DATE:April 18, 2012SHEET:CLIENT:REVISIONS:SEAL:%18007JOB # :SHEET CONTENTS:23456214.261.90609661 Audelia RoadDallas, Texas 75238Suite 333-66a r c h i t e c t u r e A Z I M U T H :www.azimutharc.comxxx Canyon Drive, Coppell, Tx 75019
Clear C2
Corporate Office
and Development Center105.29.2012Site Plan SubmittalEXISTING TREE PLANL1.001708 N. Griffin StreetDallas, Texas 75202Tel 214.871.0083Fax 214.871.0545Email smr@smr-la.comsmrEXISTING TREE PLANGross Retribution(minus)Total caliper inches of treessaved (divided by)Total caliper inches trees on-site6" caliper plus at Breast Height(equals)Preservation credit(times)Gross retribution(equals)Preservation Credit(minus)Landscaping Credit(equals) (39) trees, 3" cal. req. by ordinance (21) @ 3" cal. (50% max.)31.5 (21) trees, @ 1" cal. above required21"Net Retribution 0"TREE MITIGATION TABULATIONS24"128"152"84.2%24"20"52.5"157 CALIPER INCHES EXISTING TREES EXISTING ON SITE.16 CALIPER INCHES TREES TO BE REMOVED.19 TREES ARE OVER 6" CALIPER- BREAST HEIGHT1 TREES ARE LESS THEN 6" CALIPER- BREAST HEIGHTTREES 6" CALIPER OR ABOVE AT BREAST HEIGHT ARE CALCULATED IN THETREE RETRIBUTION CALCULATIONS13.Existing trees to remain shall be protected during construction fromtree structure damage and compaction of soil under and arounddripline (canopy) of tree.If any root structure is damaged during adjacentexcavation/construction, notify the Architect immediately. It isrecommended that a licensed Arborist be secured for the treatmentof any possible tree wounds.No disturbance of the soil greater than 4" shall be located closer tothe tree trunk than 1/2 the distance of the drip line to the tree trunk.A minimum of 75% of the drip line and root zone shall be preservedat natural grade.Any fine grading done within the critical root zones of the protectedtrees must be done with light machinery such as a bobcat or lighttractor. No earth moving equipment with tracks is allowed within thecritical root zone of the trees.Material Storage: No materials intended for use in construction orwaste materials accumulated due to excavation or demolition shallbe placed within the limits of the dripline of any tree.Equipment Cleaning/Liquid Disposal: No equipment may becleaned, toxic solutions, or other liquid chemicals shall be depositedwithin the limits of the dripline of a tree. This would include but notbe limited to paint, oil, solvents, asphalt, concrete, mortar, primers,etc.Tree Attachments: No signs, wires or other attachments, other thanthose of a protective nature shall be attached to any tree.Vehicular Traffic: No vehicular and construction equipment traffic orparking is allowed within the limits of the dripline of trees.Boring of Utilities: May be permitted under protected trees in certaincircumstances. The minimum length of the bore shall be the width ofthe tree's canopy and shall be a minimum depth of forty-eight (48")inches.Trenching: Any irrigation trenching which must be done within thecritical root zone of a tree shall be dug by hand and enter the area ina radial manner.Tree Flagging: All trees to be removed from the site shall be flaggedby the Contractor with bright red vinyl tape (3" width) wrappedaround the main trunk at a height of four (4') feet above grade.Flagging shall be approved by Landscape Architect prior to any treeremoval. Contractor shall contact Landscape Architect with 72 hournotice to schedule on-site meeting.Protective Fencing: All trees to remain, as noted on drawings, shallhave protective fencing located at the tree's dripline. The protectivefencing may be comprised of snow fencing, orange vinyl constructionfencing, chain link fence or other similar fencing with a four (4') footapproximate height. The protective fencing will be located asindicated on the Tree Protection Detail(s).Bark Protection: In situations where a tree remains in the immediatearea of intended construction, the tree shall be protected byenclosing the entire circumference of the tree's trunk with lumberencircled with wire or other means that does not damage the tree.Refer to Tree Protection Detail(s).Construction Pruning: In a case where a low hanging limb is brokenduring the course of construction, the Contractor shall notify theLandscape Architect immediately. In no instance shall theContractor prune any portion of the damaged tree without the priorapproval by the Landscape Architect.14.12.11.10.9.6.5.3.2.EXISTING TREE NOTES1.01TREE PROTECTIVE FENCINGNTSEXISTING GRADE TOREMAIN UNDISTURBEDMETAL T-POST ATEACH OF FOUR CORNERSSNOW FENCE, ORANGE VINYLCONSTRUCTION FENCE, ORCHAINLINK FENCEREFER TO PLAN FOREXISTING TREE TO REMAIN4'-0" MIN.3'-0"LIMITS OF DRIPLINEDIA.INCHESTREE SURVEY FIELD DATA8888 8858888101102103104105106107108109110111112113114115116117118119120NO.TO BE REMOVEDPEARSPECIES(COMMON NAME)REMARKSOAKOAKOAKOAKOAKOAKOAKOAKOAKOAKOAKOAKPEARPEARPEARPEARPEARPEARPEAR888888888TO BE REMOVEDTO REMAINTO BE REMOVEDTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINTO REMAINSTATEOFTEX
A
S2204 CH
R
I
STRONZANO05.29.2012
1CE1CE4CE9LO3RO1RO3ERC2CE59NPH69NPH49NPH240WC365WC20NPH13NRS1LO%12;4+)*6#<+/76* #4%*+6'%674'+0%DATE:April 18, 2012SHEET:CLIENT:REVISIONS:SEAL:%18007JOB # :SHEET CONTENTS:23456214.261.90609661 Audelia RoadDallas, Texas 75238Suite 333-66a r c h i t e c t u r e A Z I M U T H :www.azimutharc.comxxx Canyon Drive, Coppell, Tx 75019
Clear C2
Corporate Office
and Development Center105.29.12Site Plan Submittal6.5.4.3.2.1.MAINTENANCE NOTESSOLID SOD NOTES7.6.5.4.3.2.1.LANDSCAPE NOTESFine grade areas to achieve final contours indicated. Leave areas toreceive topsoil 3" below final desired grade in planting areas and 1"below final grade in turf areas.Adjust contours to achieve positive drainage away from buildings.Provide uniform rounding at top and bottom of slopes and otherbreaks in grade. Correct irregularities and areas where water maystand.All lawn areas to receive solid sod shall be left in a maximum of 1"below final finish grade. Contractor to coordinate operations withon-site Construction Manager.Contractor to coordinate with on-site Construction Manager foravailability of existing topsoil.Plant sod by hand to cover indicated area completely. Insure edgesof sod are touching. Top dress joints by hand with topsoil to fillvoids.Roll grass areas to achieve a smooth, even surface, free fromunnatural undulations.Water sod thoroughly as sod operation progresses.Contractor shall maintain all lawn areas until final acceptance. Thisshall include, but not limited to: mowing, watering, weeding,cultivating, cleaning and replacing dead or bare areas to keep plantsin a vigorous, healthy condition.Contractor shall guarantee establishment of an acceptable turf areaand shall provide replacement from local supply if necessary.If installation occurs between September 1 and March 1, all sodareas to be over-seeded with Winter Ryegrass, at a rate of (4)pounds per one thousand (1000) square feet.The Owner, tenant and their agent, if any, shall be jointly andseverally responsible for the maintenance of all landscape.All landscape shall be maintained in a neat and orderly manner at alltimes. This shall include mowing, edging, pruning, fertilizing,watering, weeding and other such activities common to landscapemaintenance.All landscape areas shall be kept free of trash, litter, weeds andother such material or plants not part of this plan.All plant material shall be maintained in a healthy and growingcondition as is appropriate for the season of the year.All plant material which dies shall be replaced with plant material ofequal or better value.Contractor shall provide separate bid proposal for one year'smaintenance to begin after final acceptance.Contractor shall verify all existing and proposed site elements andnotify Architect of any discrepancies. Survey data of existingconditions was supplied by others.Contractor shall locate all existing underground utilities and notifyArchitect of any conflicts. Contractor shall exercise caution whenworking in the vicinity of underground utilities.Contractor is responsible for obtaining all required landscape andirrigation permits.Contractor to provide a minimum 2% slope away from all structures.All planting beds and lawn areas to be separated by steel edging.No steel to be installed adjacent to sidewalks or curbs.All landscape areas to be 100% irrigated with an undergroundautomatic irrigation system and shall include rain and freeze sensors.All lawn areas to be Solid Sod Bermudagrass, unless otherwisenoted on the drawings.REMARKSQUANTITYPLANT TYPETREESBOTANICAL NAMEUlmus crassifoliaCedar Elm94" cal.container grown, 14' ht. 6' spread, 5' branching ht.Juniperus virginianaEastern Red Cedar 38' ht.B&B. 6' spread, full to baseQuercus virginianaLive Oak104" cal.container grown, 14' ht. 6' spread, 5' branching ht.Quercus shumardiiShumard Red Oak44" cal.container grown, 14' ht. 6' spread, 5' branching ht, dominant central leaderNOTE: ALL TREES TO HAVE STRAIGHT TRUNKS AND BE MATCHING WITHIN VARIETIESSHRUBS/GROUNDCOVERBOTANICAL NAMEIlex cornuta 'Needlepoint'Needlepoint Holly19730" ht.container, 30" ht., 24" spread, 7 gal. min.Ilex x Nellie R. StevensNellie R. Stevens135' ht.container, full to base, 36" wideEuonymus Coloratus fortuneiPurple Wintercreeper6054" potscontainer full, 3- 12" runners min.,12" o.c.NOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heights and spreads are minimums. All plantmaterial shall meet or exceed remarks as indicated.SYMBOLCEERCLONPHNRSROWCCOMMON NAMEQTY.SIZECOMMON NAMEQTY.SIZEPLANT LEGENDPLANT TYPECedar ElmEastern Red CedarLive OakNeedlepoint HollyNellie R. Stevens HollyRed OakWintercreeperPLANT LISTREMARKS1.2.3.4.5.6.7.8.9.10.Fine grade areas to achieve final contours indicated on civil plans.Adjust contours to achieve positive drainage away from buildings.Provide uniform rounding at top and bottom of slopes and otherbreaks in grade. Correct irregularities and areas where water maystand.All lawn areas to receive solid sod shall be left in a maximum of 1"below final finish grade. Contractor to coordinate operations withon-site Construction Manager.Contractor shall provide (2") two inches of imported topsoil on allareas to receive lawn. ADD ALTERNATE.Imported topsoil shall be natural, friable soil from the region, knownas bottom land soil, free from lumps, clay, toxic substances, roots,debris, vegetation, stones, containing no salt and black to brown incolor.All lawn areas to be fine graded, irrigation trenches completelysettled, and finish grade approved by the Owner's ConstructionManager or Architect prior to installation.All rocks 3/4" diameter and larger, dirt clods, sticks, concrete spoils,etc. shall be removed prior to placing topsoil and any lawninstallation.GENERAL LAWN NOTES1.2.3.4.5.6.7.LANDSCAPE PLANL1.011708 N. Griffin StreetDallas, Texas 75202Tel 214.871.0083Fax 214.871.0545Email smr@smr-la.comsmrRequired12,006 s.f. (15%)(5) TreesRequired2,356 s.f. (10%)(6) TreesRequirements: 10% of gross parking area to belandscape (1) tree per 400 s.f. of required landscapearea.Parking Lot: 23,561 s.f.Requirements: 15% of lot not covered by buildings to belandscape open space. (1) tree per 2500 s.f. of openspace.TOTAL LOT AREA: 91,118 s.f.(Exclusive of building): 80,041 s.f.Provided35,081 s.f. (44%)(5) TreesProvided2,843 s.f. (12%)(6) TreesTotal trees required: 39 treesTotal trees existing:17 treesProposed 4" caliper trees:22 treesRequirements: 10' Landscape bufferrequired along all property lines, 15' Landscape bufferrequired along street frontages. (1) Tree per 50 l.f. offrontage, 30" ht. parking lot screen: hedge or berm.Perimter landscape areas shall contain at least one (1)tree for each Fifty (50) linear feet or fraction thereof ofperimeter landscape area.Perimeter LandscapeRequired50,710 s.f.Canyon Drive: (352 l.f.)Provided(2) Trees(6) Existing TreesRequired(7) TreesRequired(9) TreesRequired(12) TreesWest Property Line: 434 l.f.)North / East Property Line: (580 l.f.)Provided(9) TreesProvided(12) Existing TreesPERIMETER LANDSCAPEINTERIOR LANDSCAPEOPEN SPACELANDSCAPE TABULATIONSLANDSCAPE PLANSTATEOFTEX
A
S2204 CH
R
I
STRONZANO05.29.2012
Scale:" ='-"
03 SOUTH ELEVATION
1/8 1 0
F.F.E. 100'-0"
T.O. GLASS
115'-0"
MODULAR MASONRY
UNIT WALL
ALUMINUM
STOREFRONT
PAINTED STEEL
CANOPY
ALUMINUM WINDOW
WITH GRAYLITE II GLASST.O. WALL
120'-0"
T.O. WALL
117'-6"
AUSTIN STONE
EXTERIOR WALL
Scale:" ='-"
07 WEST ELEVATION
1/8 1 0
Scale:" ='-"
11 NORTH ELEVATION
1/8 1 0
Scale:" ='-"
15 EAST ELEVATION
1/8 1 0
PAINTED METAL
EQUIPMENT SCREEN
MODULAR MASONRY
UNIT WALL
ALUMINUM
STOREFRONT
PAINTED STEEL
CANOPY
ALUMINUM WINDOW
WITH GRAYLITE II GLASS
AUSTIN STONE
EXTERIOR WALL
PAINTED METAL
EQUIPMENT SCREEN
ALUMINUM WINDOW
WITH GRAYLITE II GLASS
AUSTIN STONE
EXTERIOR WALL
PAINTED METAL
EQUIPMENT SCREEN
ALUMINUM WINDOW
WITH GRAYLITE II GLASS
AUSTIN STONE
EXTERIOR WALL
PAINTED METAL
EQUIPMENT SCREEN
F.F.E. 100'-0"
T.O. GLASS
115'-0"
T.O. WALL
120'-0"
T.O. WALL
117'-6"
F.F.E. 100'-0"
T.O. GLASS
115'-0"
F.F.E. 100'-0"
T.O. GLASS
115'-0"
F.F.E. 100'-0"
T.O. GLASS
115'-0"
T.O. WALL
120'-0"
COLOR 1: SHERWIN WILLIAMS - SW
7044 Amazing Gray (Metal Canopy)
PAINT COLOR SELECTION:
SIGNAGE AREA
95 SQ. FT. MAX
WALL PACK LIGHT FIXTURE TYP.
WALL PACK LIGHT FIXTURE TYP.
WALL PACK LIGHT FIXTURE TYP.
WALL PACK LIGHT FIXTURE TYP.
Clear C2
12" PIN MOUNT
ALUMINUM LETTERS.
9'-10"
2"
10'-0"
2'-0"2'-0"5'-10"6"1'-6"6'-0"AUSTIN STONE TO
MATCH BUILDING.
MODULAR MASONRY
UNIT
Scale:" ='-"
08 TWO SIDED MONUMENT SIGN
1/4 1 0
PAINTED METAL TUBE724
9" PIN MOUNT ALUMINUM
ADDRESS NUMERALS.
COPYRIGHT 2012 AZIMUTH : ARCHITECTURE, INC.
DATE:May 29, 2012
SHEET:CLIENT:REVISIONS:SEAL:C
18007
JOB # :SHEET CONTENTS:
2
3
4
5
6
214.261.9060
9661 Audelia Road
Dallas, Texas 75238
Suite 333-66
A Z I M U T H :
www.azimutharc.com
724 Canyon Drive, Coppell, Tx 75019Clear C2Corporate Officeand Development Center1 04.18.12 Site Plan Submittal
05.08.12 P&Z Submittal
05.29.12 City Council
1 TM56054
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-
235-O (PLANNED DEVELOPMENT-235-OFFICE) TO SF-12
(SINGLE FAMILY-12) ON 0.83 ACRES OF PROPERTY
LOCATED AT 1180 SANDY LAKE ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
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 this
Zoning Application 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 PD-
235-O (Planned Development-235-Office) to SF-12 (Single Family-12) on 0.83 acres of
property located at 1180 Sandy Lake Road, and being more particularly described in
Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2. That the above property shall be developed and used only in the
manner and for the purpose provided for by the SF-12 (Single Family-12) District
2 TM56054
regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 3. 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 4. 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 5. 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 6. 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 7. 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.
3 TM56054
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2012
APPROVED:
_____________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/mpm)
1 TM 56114
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-116R-
SF-7 (PLANNED DEVELOPMENT-116 REVISED-SINGLE FAMILY-
7) TO PD-116R2-SF-7 (PLANNED DEVELOPMENT-116 REVISION 2-
SINGLE FAMILY-7), TO RELOCATE AND MODIFY THE EXISTING
REAR FENCES ON 187 CHAUCER COURT AND 101 DICKENS
DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN
FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE
EXHIBIT WITH THE APPROVED PD/WALL ELEVATIONS & THE
EXISTING AND PROPOSED SITE PLAN, ATTACHED HERETO AS
EXHIBIT “B”; 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-116R2-
SF-7 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 PD-116R-SF-7 (Planned Development-
116 Revised-Single Family-7) to PD-116R2-SF-7 (Planned Development-116 Revision 2-Single Family-
7), to relocate and modify the existing rear fences on 187 Chaucer Court and 101 Dickens Drive and
being more particularly described in Exhibit “A”, hereinafter the PROPERTY attached hereto and
made a part hereof for all purposes.
2 TM 56114
SECTION 2. That the property shall be developed and used only in accordance with
following development conditions as set forth herein below;
A) The Property shall be developed in accordance with Planned Development
Ordinance, Ordinance No. 91500-A-38 (PD-116, Revised SF-7) which is
incorporated herein as set forth in full and hereby republished, except as
amended herein.
B) That the screening fence shall be relocated, constructed of materials and
elevations in accordance with the Site Plan, Exhibit B.
SECTION 3. That the Exhibit with the Approved PD/Wall Elevations & the Existing
and Proposed Site Plan, attached hereto as Exhibit “B”, for and made a part hereof for all
purposes as special conditions, are hereby approved.
SECTION 4. That the above property shall be developed and used only in the manner and
for the purpose provided for by the SF-7 (Single Family-7 ) District regulations, Comprehensive
Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
3 TM 56114
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:
____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/mpm)
EXHIBIT “A”
LEGAL DESCRIPTION
Being all of Lots 4 and 7, Block C, of the Chaucer Estates Addition, being an
addition to the City of Coppell, Dallas County, Texas, also known as 187 Chaucer
Court and 101 Dickens Drive , respectively.
1 TM 56104
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-194R3-LI (PLANNED
DEVELOPMENT-194 REVISION 3-LIGHT INDUSTRIAL) TO PD-194R4-
LI (PLANNED DEVELOPMENT-194 REVISION 4-LIGHT
INDUSTRIAL), TO ATTACH A DETAIL SITE PLAN FOR A 300,800-
SQUARE-FOOT OFFICE/WAREHOUSE BUILDING ON 19.4 ACRES OF
PROPERTY LOCATED ON THE EAST SIDE OF NORTHPOINT DRIVE,
NORTH OF WAGON WHEEL PARK AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING
FOR THE APPROVAL OF THE DETAIL SITE PLAN, TREE SURVEY,
DETAIL LANDSCAPE PLAN, BUILDING ELEVATIONS AND
MONUMENT SIGN ELEVATIONS, ATTACHED HERETO AS EXHIBITS
“B”, “C”, “D”, “E” AND “F” RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-194R4-
LI 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 PD-194R3-LI (Planned Development-
194 Revision 3-Light Industrial) to PD-194R4-LI (Planned Development-194 Revision 4-Light
Industrial), to attach a Detail Site Plan for a 300,800-square-foot office/warehouse building on
19.4 acres of property located on the east side of Northpoint Drive, north of Wagon Wheel Park
2 TM 56104
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 for a 300,800 square foot
office warehouse building only in accordance with following development regulations as set forth
herein below;
A) Except as amended herein, the property shall be developed in accordance with
Planned Development Ordinance, Ordinance No. 91500-A-412 which is
incorporated herein as set forth in full and hereby republished.
B) The 5 (five) required landscape islands and overstory trees in the east parking
area are not required, as shown in Exhibits “B” and “D” which are attached
hereto.
C) Existing tree credits are being applied towards the required trees along the south
property line.
D) A tree removal permit will be required prior to the removal of any trees.
SECTION 3. That Detail Site Plan, Tree Survey, Detail Landscape Plan, and Building
Elevations and Monument Sign Elevations attached hereto as Exhibits “B”, “C”, “D”, “E”, and
“F” respectively, and made a part hereof for all purposes as special regulations, 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 LI (Light Industrial ) District regulations, Comprehensive
Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
3 TM 56104
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:
____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/mpm)
EXHIBIT A-1
LEGAL DESCRIPTION
Being a tract of land situated in the Jesse Moore Survey, Abstract No. 968, in the City of
Coppell, Dallas County, Texas, being all of that tract of land described in deed to said
CABOT II - TX1L03, LP as recorded in Instrument Number 20070391719, Official Public
Records of Dallas County, Texas (O.P.R.D.C.T.), said tract also being all of Lot 2R-3,
Block A of Amberpoint Business Park at Coppell, an addition to the City of Coppell as
recorded in County Clerk's Instrument Number 20070356425, O.P.R.D.C.T., said tract
being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC.
INC." (hereafter referred to as "with cap") found for the intersection of the east line of
Northpoint Drive (variable width right-of-way, 60 feet wide at this point) with the south
right-of-way line of Sandy Lake Road (variable width right-of-way) as dedicated by the
plat of Amberpoint Business Park at Coppell, an addition to the City of Coppell, as
recorded in Volume 2002027, Page 00071, Deed Records of Dallas County, Texas,
D.R.D.C.T.;
THENCE South 00 degrees 03 minutes 37 seconds West, departing said south right-of-
way line and along said east right-of-way line of Northpoint Drive, a distance of 1,090.50
feet to a 1/2-inch iron rod with cap found for the northwest corner of said Lot 2R-3, also
being the southwest corner of Lot 2R-1R, Block A of said Amberpoint Business Park at
Coppell, for the POINT OF BEGINNING of the herein described tract;
THENCE departing said east right-of-way line and along the common line between said
Lot 2R-3 and Lot 2R-1R the following calls:
South 89 degrees 44 minutes 06 seconds East, a distance of 102.83 feet to a 1/2-inch
iron rod with cap found for corner;
South 00 degrees 15 minutes 54 seconds West, a distance of 27.43 feet to a 1/2-inch
iron rod with cap found for corner;
South 89 degrees 44 minutes 06 seconds East, a distance of 784.76 feet to a 1/2-inch
iron rod with cap found for corner;
South 44 degrees 56 minutes 24 seconds East, a distance of 40.76 feet to a 1/2-inch
iron rod with cap found for corner, said point being the common northwest corner of
Lot 2R-2X of Amberpoint Business Park at Coppell as recorded in Instrument Number
20070118394, O.P.R.D.C.T.;
THENCE South 00 degrees 13 minutes 41 seconds East departing said common line
between Lots 2R-3 and 2R-1R, and along the common line between Lots 2R-3 and 2R-
2X, a distance of 357.99 feet to a 1/2-inch iron rod with cap set for corner;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said
common line, a distance of 377.81 feet to a 1/2-inch iron rod with cap set for the
southeast corner of said Lot 2R-3 and the southwest corner of said Lot 2R-2X, said point
EXHIBIT A-2
being on the north line of that tract of land described in Special Warranty Deed to the
City of Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said common line
and along said north line, a distance of 1,979.88 feet to a 1/2-inch iron rod with cap
found for the intersection of said north line with the southeasterly line of said Northpoint
Drive, said point being on a circular curve to the left having a radius of 447.80 feet,
whose chord bears North 61 degrees 32 minutes 06 seconds East a distance of 68.46
feet;
THENCE Northeasterly, departing said north line and along said southeasterly right-of-
way line and said curve to the left, through a central angle of 08 degrees 46 minutes 03
seconds for an arc distance of 68.52 feet to an "X" cut in concrete found for the point of
reverse curvature of a circular curve to the right having a radius of 322.76 feet, whose
chord bears North 63 degrees 10 minutes 07 seconds East a distance of 67.67 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
curve to the right, through a central angle of 12 degrees 02 minutes 05 seconds for an
arc distance of 67.79 feet to a 1/2-inch iron rod found for the point of compound
curvature of a circular curve to the right having a radius of 420.00 feet, whose chord
bears North 79 degrees 35 minutes 53 seconds East a distance of 151.81 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
curve to the right, through a central angle of 20 degrees 49 minutes 27 seconds for an
arc distance of 152.65 feet to a 1/2-inch iron rod found for the point of tangency;
THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said south
right-of-way line, a distance of 315.43 feet to a 1/2-inch iron rod with cap found for the
point of curvature of a circular curve to the left having a radius of 480.00 feet, whose
chord bears North 45 degrees 02 minutes 07 seconds East a distance of 678.53 feet;
THENCE Northeasterly, continuing along the southeasterly right-of-way line of said
Northpoint Drive and along said curve to the left, through a central angle of 89 degrees
57 minutes 00 seconds for an arc distance of 753.56 feet to a 1/2-inch iron rod found for
the point of tangency;
THENCE North 00 degrees 03 minutes 37 seconds East, along the east right-of-way line
of said Northpoint Drive, a distance of 216.99 feet to the POINT OF BEGINNING AND
CONTAINING 843,348 square feet or 19.36 acres of land, more or less.
FDC
8" FIRE
3" DOMESTIC
8" WATER 8" WATER8" WATER
8" WATER8" WATER
8" WW
8" WW
6" W6" W6" W6" W6" W
6" W
6" W6" W6" FDC LINE
6" W
6" W36" RCP
3
6
"
R
C
P
30" RCP
18" R
C
P
48" RCP
36" RCP30" RCP36" RCP18" RCP18" RCP
21" RCP
21" RCP 42" RCP
24" RCP
24" RCP
21" RCP
18" RCP
18" RCP
30" RCP
24" RCP24" RCP24" RCP18
"
R
C
P
18
"
R
C
P
18
"
R
C
P
24" RCP
18" RCP
18
"
R
C
P
24" RCP
36" RCP
NORTH 0 25 50 100 200
ZONING
PROPOSED USE
SITE AREA
BUILDING AREA
BUILDING HEIGHT
PARKING REQUIRED
OFFICE @ 1:300 SF
WAREHOUSE @ 1:1,000 SF
PARKING REQUIRED (TOTAL)
PARKING PROVIDED (TOTAL)
LOT COVERAGE
FLOOR AREA RATIO (F.A.R.)
PD-194R4-LI
WAREHOUSE (RACK STORAGE w/CLASS IV COMMODITIES)
843,348 SF | 19.4 AC.
300,800 SF
37'-0"
337 SPACES RQD | 378 SPACES PRVD
51 SPACES
286 SPACES
337 SPACES
378 SPACES
35.7%
35.7%
SCALE: 1" = 50'-0"
PROPOSED
OFFICE/WAREHOUSE
300,800 SFN O R T H P O I N T D R I V E8 BAYS @ 45'-0" & 2 BAYS @ 55'-0" = 470'-0"140'-0"4 BAYS @ 43'-0" & 9 BAYS @ 52'-0" = 639'-10"10'-0"10'-0"28'-0"12'-0"10'-0"7'-6"47'-0"10'-0"62'-0"
140'-0"62'-0"
10'-0"10'-0"
62'-0"124'-4"25'-0" MIN.62'-0"
1
:#
6
:#
6
(#
6
(#
6
(#
6
:#
6
(#
ǻ
R = 480.00'
T = 479.58'
L= 753.56'
&% 1
(
C.L. = 678.53'1
(#
F.F. ELEV = 517.00
05-08-12
SITE PLAN
AMBERPOINT BUSINESS PARK
LOT 2R-3R, BLOCK A
SITE DATA 20' DRAINAGE EASEMENTPROPOSED DRAINAGE
EASEMENT 9'-0"19'-0"24'-0"
30' x 20' PUBLIC
UTILITY EASEMENT
10' UTILITY EASEMENT & SIDE YARD SETBACK
FLOOD PLAIN
LIMIT LINES
30' SANITARY SEWER
EASEMENT
PROPOSED
MONUMENT
SIGN
PROPOSED
RETAINING
WALL
AVERA COMPANIES, LLC
2301 CEDAR SPRINGS RD
SUITE 350
DALLAS, TX 75201
214.855.557710' UTILITY EASEMENT 10' UTILITY EASEMENT60' F
R
O
N
T
Y
A
R
D
S
E
T
B
A
C
K
10' SIDE YARD SETBACK
10' REAR YARD SETBACKPROPOSED 40' x 20'
WATER EASEMENT
PLANNED DEVELOPMENT CONDITIONS
1. THE (5) FIVE REQUIRED OVERSTORY TREES IN THE EAST PARKING
ISLANDS ARE LOCATED ELSEWHERE ON SITE.
2. EXISTING TREE CREDITS ARE BEING APPLIED TO THE REQUIRED
SOUTH PERIMETER TREES.
PLANNED
DEVELOPMENT
CONDITION 1
BOLLARD PROTECTION
AT FIRE HYDRANT
BOLLARD PROTECTION
AT FIRE HYDRANT
PLANNED
DEVELOPMENT
CONDITION 1
PLANNED
DEVELOPMENT
CONDITION 1
PLANNED
DEVELOPMENT
CONDITION 1
I:\MISC\11749-Avera Co Coppell BTS\Design\City of Coppell Approval\Avera BTS_city approval_site plan.dwg, A1.01, 5/7/2012 2:12:41 PM
05-08-12WEST ELEVATION
SCALE: 1 = 30'-0"
EAST ELEVATION
SCALE: 1 = 30'-0"
SOUTH ELEVATION
SCALE: 1 = 30'-0"
NORTH ELEVATION
SCALE: 1 = 30'-0"PERCENTAGE OF MASONRY MATERIALS = 0.1%
PERCENTAGE OF MASONRY MATERIALS = 1.0%
PERCENTAGE OF MASONRY MATERIALS = 0.1%
PERCENTAGE OF MASONRY MATERIALS = 5.1%
AVERA COMPANIES, LLC
2301 CEDAR SPRINGS RD
SUITE 350
DALLAS, TX 75201
214.855.5577
ALUMINUM & GLASS STOREFRONT TO
MATCH EXISTING ALUMINUM & GLASS
STOREFRONT OF AMBERPOINT
BUSINESS PARK
ALUMINUM & GLASS STOREFRONT TO
MATCH EXISTING ALUMINUM & GLASS
STOREFRONT OF AMBERPOINT
BUSINESS PARK
ACCENT PAINT TO
MATCH EXISTING
ACCENT PAINT
COLOR OF
AMBERPOINT
BUSINESS PARK
ACCENT PAINT TO
MATCH EXISTING
ACCENT PAINT
COLOR OF
AMBERPOINT
BUSINESS PARK
LOCATION OF
FUTURE 5' x10'
BUILDING SIGN
ACCENT PAINT TO
MATCH EXISTING
ACCENT PAINT
COLOR OF
AMBERPOINT
BUSINESS PARK
COUNTRY RUBBLE
STONE VENEER TO
MATCH EXISTING
STONE OF
AMBERPOINT
BUSINESS PARK
COUNTRY RUBBLE
STONE VENEER TO
MATCH EXISTING
STONE OF
AMBERPOINT
BUSINESS PARK
PRIMARY PAINT TO MATCH EXISTING
PRIMARY PAINT COLOR ON
CONCRETE TILTWALL OF
AMBERPOINT BUSINESS PARK
PRIMARY PAINT TO MATCH EXISTING
PRIMARY PAINT COLOR ON
CONCRETE TILTWALL OF
AMBERPOINT BUSINESS PARK
PRIMARY PAINT TO MATCH EXISTING
PRIMARY PAINT COLOR ON
CONCRETE TILTWALL OF
AMBERPOINT BUSINESS PARK
PRIMARY PAINT TO MATCH EXISTING
PRIMARY PAINT COLOR ON
CONCRETE TILTWALL OF
AMBERPOINT BUSINESS PARK
TOP OF PANEL
ELEV. = 37'-0" A.F.F.
TOP OF PANEL
ELEV. = 34'-0" A.F.F.
TOP OF PANEL
ELEV. = 37'-0" A.F.F.
TOP OF PANEL
ELEV. = 37'-0" A.F.F.
(3) GALV. METAL CLEVIS &
TURNBUCKLES - PAINT TO
MATCH EXISTING PAINT OF
CLEVIS & TURNBUCKLES OF
AMBERPOINT BUSINESS PARK
CANOPIES
ACCENT PAINT TO
MATCH EXISTING
ACCENT PAINT
COLOR OF
AMBERPOINT
BUSINESS PARK
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05-08-12
PARTIAL FRONT ELEVATION @ ENTRY
SCALE: 1/8" = 1'-0"
PARTIAL SIDE ELEVATION @ ENTRY
SCALE: 1/8" = 1'-0"
TOP OF PANEL
ELEV. = 37'-0" A.F.F.
TOP OF STONE WALL
ELEV. = 20'-0" A.F.F.
TOP OF CANOPY
ELEV. = 11'-0" A.F.F.
TOP OF PANEL
ELEV. = 37'-0" A.F.F.
TOP OF STONE WALL
ELEV. = 20'-0" A.F.F.
TOP OF CANOPY
ELEV. = 11'-0" A.F.F.
TOP OF PANEL
ELEV. = 34'-0" A.F.F.
FINISH FLOOR
ELEV. = 0'-0"
FINISH FLOOR
ELEV. = 0'-0"
GALV. METAL
ACCENT CANOPY -
PAINT TO MATCH
EXISTING
CANOPIES OF
AMBERPOINT
BUSINESS PARK
ACCENT PAINT TO
MATCH EXISTING
ACCENT PAINT
COLOR OF
AMBERPOINT
BUSINESS PARK
PRIMARY PAINT TO
MATCH EXISTING
PRIMARY PAINT
COLOR ON
CONCRETE
TILTWALL OF
AMBERPOINT
BUSINESS PARK
ALUMINUM & GLASS STOREFRONT TO
MATCH EXISTING ALUMINUM & GLASS
STOREFRONT OF AMBERPOINT
BUSINESS PARK
GALV. METAL CLEVIS &
TURNBUCKLE - PAINT TO
MATCH EXISTING PAINT OF
CLEVIS & TURNBUCKLE OF
AMBERPOINT BUSINESS PARK
CANOPIES
EXAMPLE IMAGES OF EXISTING FACILITY
IMG-01
IMG-02
AVERA COMPANIES, LLC
2301 CEDAR SPRINGS RD
SUITE 350
DALLAS, TX 75201
214.855.5577
LOCATION OF
FUTURE 5' x10'
BUILDING SIGN
COUNTRY RUBBLE
STONE VENEER
I:\MISC\11749-Avera Co Coppell BTS\Design\City of Coppell Approval\Avera BTS_city approval_elevations.dwg, A6.02, 5/7/2012 2:31:02 PM
350 S. NORTHPOINT
05-08-121'-0"4'-0"1'-0"6'-0"10"10'-0"10"8"8"8"1'-0"4'-0"1'-0"PROPOSED MONUMENT SIGN @ 60 SF
SCALE: 3/4" = 1'-0"
FINISH GRADE
6" TALL BLACK LETTERING
STONE BASE TO MATCH
EXISTING BASE @ 301 S.
NORTHPOINT
TEXTURED FINISH CONCRETE
MONUMENT SIGN - PAINT TO
MATCH TILTWALL COLOR TENANT LISTING - LETTERING TO
BE 4" HIGH AND PAINTED BLACK
6"6"6"6"
FINISH GRADE
EXAMPLE OF EXISTING MONUMENT SIGN
CONTINUOUS CONCRETE
REVEAL
CONTINUOUS CONCRETE
REVEAL
THE PROPOSED MONUMENT SIGN ABOVE SHALL BE CONSTRUCTED IN THE LIKENESS OF THE EXISTING
MONUMENT SIGN SEEN TODAY AT 301 S. NORTHPOINT DRIVE THROUGH OVERALL PROPORTIONS,
MATERIALS, COLORS, AND LETTERING.
SMOOTH FINISH
CONCRETE BASE
IMG-01 IMG-02
AVERA COMPANIES, LLC
2301 CEDAR SPRINGS RD
SUITE 350
DALLAS, TX 75201
214.855.55776'-0"I:\MISC\11749-Avera Co Coppell BTS\Design\City of Coppell Approval\Avera BTS_city approval_elevations.dwg, A6.03, 5/7/2012 2:31:35 PM
ITEM # 6
Page 1 of 7
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-255-SF, Westhaven
P&Z HEARING DATE: May 17, 2012 June 21, 2012
C.C. HEARING DATE: July 10, 2012
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: South of S.H. 121, approximately 450 feet west of Magnolia Park
SIZE OF AREA: 93.8 acres of property
CURRENT ZONING: HC (Highway Commercial)
REQUEST: A zoning change to PD-255-SF (Planned Development-255-Single Family), to
permit the development of 297 residential lots and 37 common area lots.
APPLICANT: Owners: Prospective Purchaser:
Hawkeye Realty Schreibner, L.P. Terry Mitchell
Attn: Robert B. Payne, Jr. Contrast Development L.L.C.
4809 Cole Avenue, Suite 245 L.B.136 300 E. Carpenter Frwy.
Dallas, Texas 75205 Suite 940
Irving, Texas 75062
Howsley, et. al. 214-793-7685
Attn: William Howsley terry.mitchell@contrastdevelopment.com
2528 Pelican Bay Drive
Plano, Texas 75093
HISTORY: The subject property was zoned Light Industrial in 1983, which was prior to the
establishment of the alignment of S.H. 121 (formally Spur 553 and S.H. 121
Bypass). In 2003, the designation on the Comprehensive Land Use Plan was
changed from Light Industrial/Showroom Uses to Freeway Commercial. As part of
the Council’s action, this property was also rezoned from Light Industrial to
Highway Commercial. The purpose of these revisions was to encourage the
development of more freeway-dependent uses, such as office/ retail/ hotel/
commercial which would be constructed under higher development standards
(facades of brick and stone, controlled signage, etc.) than permitted by industrial
standards (tilt-wall). The property to the east, between the subject property and
Magnolia Park retained its Retail zoning.
At the May 17th meeting, the Planning and Zoning Commission discussed this
request and the outstanding issues as enumerated by staff. P&Z expressed
several additional issues and concerns. The applicant revised the submittal
ITEM # 6
Page 2 of 7
and the changes are summarized in the Recommendation Section of this
report.
TRANSPORTATION: State Highway 121 is a Freeway (Principal Arterial) built to standard, within a
variable right-of-way.
SURROUNDING LAND USE & ZONING:
North- S.H. 121
South - The Mansions by the Lake, Village at Cottonwood Creek VI and
Copperstone: PD-160-MF-2, SF-7 and SF-9
East - Undeveloped; Retail and Magnolia Park; PD-133-SF-9
West - S.H. 121
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, designates this property as suitable
for Urban Residential Neighborhood, which is defined as areas to provide “for a
wide variety of higher density residential uses (typically greater than four
dwelling units per acre) that serve the needs of residents seeking alternatives to
low and medium density single-family detached housing”.
DISCUSSION: As discussed above, in the 1980’s, prior to the construction of SH 121, this
property was envisioned for industrial development, and in 2003 the vision
changed to freeway dependent commercial uses. The Coppell 2030, A
Comprehensive Master Plan, determined that this property was most suitable for
Urban Residential Development, which encourages a variety of higher density
residential uses. The applicants of this request originally designed a truly mixed
use residential development, which included high density (multifamily) as well as
a variety of smaller lot single family uses. In an attempt to be pro-active they
presented this plan to the surrounding HOA’s prior to formal submission to the
City. There was overwhelming opposition from the residents to the highest
density component (MF) but general support for the detached single family,
regardless of the density. Therefore, this proposed PD includes only detached
single family uses. The minimum lot areas range in size from 3,100 square feet to
5,200 square feet, and 40 acres (almost 40% of the land area) is designated as
open space and common areas. The PD incorporates many of the concepts and
design standards of the DRAFT RBN (Urban Residential Neighborhood) zoning
district which is to provide an implementation tool for the Urban Residential
Neighborhood land use designation as shown on the Coppell 2030, A
Comprehensive Master Plan.
DETAIL SITE PLAN
The Detail Site Plan specifies the lotting patterns, street alignments and open
spaces of this proposal. Of the 297 lots proposed, 200 lots (2/3rd of total) will
have a minimum lot size of 5,200 square feet, designated as RBN-5 (Residential
Urban District-5). Approximately 16% (47 lots) will have a minimum lot size of
4,200 square feet, (RBN-4) and the remaining 50 lots (17%) will be a minimum of
ITEM # 6
Page 3 of 7
3,100 square feet (RBN-3). The smaller lots are generally located in the northern
portion of the property. Along the southern boundary a substantial (27 acre) open
space area with nature areas, ponds and a trail system is planned. The northern
border of the property is SH 121. To provide a visual and noise buffer, the plan
includes common area lots parallel to the R.O.W. with a 6-foot brick wall on top
of a 4- foot berm. In addition, there is a 50’ minimum setback from the SH 121
R.O.W. for all residential structures.
This proposal includes four streets intersecting with SH 121. However access to
this property will be a challenge. The main entry street, Westhaven (with
landscaped entry feature and promenade) and proposed Bridge Street will be
accessible from the service road of SH 121, if exiting at Sandy Lake Road. The
western most street can only be accessed from the north, and it requires a U-turn
movement from southbound S.H. 121. The 4th point of access, which is in close
proximity to the eastern property line may be accessed by exiting the Denton Tap
Road exit from SH 121. It is staff understanding that the applicant has contacted
TxDOT, to receive approval of the location of the street intersections, however,
no formal response from that agency has been received. An additional meeting
was held with TxDot, however the applicant is still waiting on confirmation
that these street intersections with SH 121 are acceptable
The internal street system will be a combination of a typical residential street
section (50’ R.O.W.) and a modified street section to allow for designated on-
street parking (58’ R.O.W.) as proposed in the DRAFT RBN District regulations.
While the on-street parking with landscaped “bump-outs” is preferable from an
aesthetic perspective, from a safety standpoint, additional on-street parking
restrictions will be required. No parking adjacent to the curb on the same side of
the street that designated on-street parking is provided (i.e. Canterbury and Bridge
Streets) will be permitted. Generally, no parallel parking will be permitted
adjacent to any common open space lot. However, where this special parking is
provided, on-street parking on the other side of the street may be warranted. A
more detail analysis on a street-by-street basis is warranted. The Detail Site Plan
has been revised to add additional designated on-street parking areas. The
ratio of 0.5 spaces per RBN-3 and RBN-4 lots has been increased to a ratio of
0.75 per lot.
Given that the property between the subject property and the existing Magnolia
Park residential subdivision has the same Land Use Designation as the subject
property, staff has required a stub-out street be provided to support the
development of this property for uses as envisioned on the 2030 Plan. The
proposal currently shows a street approximately midway along this property line.
Additional analysis may be required to determine if additional stub-outs should be
required and/or if this one needs realignment. Staff has contacted the
neighboring property owner and has received no response; therefore the plan
is acceptable as submitted. Staff is also concerned about several of the streets
being “straight shots” which encourages an increase travel speed, therefore traffic
calming devises should also be examined. A “No Parking & Traffic Calming
Exhibit” has been included in this re-submittal. It designates areas that
warrant Traffic Calming devices (e.g small sections of reduced pavement
ITEM # 6
Page 4 of 7
width). However, the specifics of the device at each location will be
determined at the time of final engineering.
REQUESTED VARIANCES TO SUBDIVISION ORIDINANCE
Included in the master plan for this development, is a request to allow six
intersections with substandard turning radii to that which is required by the
Subdivision Ordinance. There is a concern from a health, safety and welfare
standpoint, that the city’s fire trucks would not be able to make turning
maneuvers, especially with on-street parking. The applicant has submitted turning
radii maneuvering exhibits to address these concerns. However, each of these
intersections needs to be re-analyzed and revised to assure proper safety.
Potential solutions may involve lot redesigns, street realignments, roll-down curbs
and parking prohibitions and/or a combination of these. Each intersection has
been reviewed by the Fire Marshal, Engineering and Planning, and through
a combination of designated no-parking areas, additional tree setback and
minor realignments, these variances are now acceptable.
DEVELOPMENT REGULATIONS
Development standards for each proposed district, as well as the overall project
are included. While these standards are based on the proposed DRAFT RBN
District, they have been adjusted to be applicable for this specific development.
RBN-3 – smallest of the three districts, allowing 30-foot wide, zero-lot line lots,
with 5’ side yards on the non-zero side. The front build-to lines will be 10’, also
allowing for porches to encroach on this front yard by 4 feet. These units will
have alley access, and building and garage setback will be a minimum of 20 feet
from the alley.
RBN-4 – is similar to RBN-3, except the lots will be a minimum of 40 feet wide
and the minimum building separation (setback on the non-zero side) will be 10
feet. These will also be rear-entry products.
RBN-5 – a majority of the lots (67%) will fall under these district regulations.
These lots will be a minimum of 50 feet wide and 110 feet deep. Side yards will
be 5 feet and the rear, 15 feet. The front build-to line will be 15 feet, with a
minimum 20’ garage setback. As mentioned above, there are several long,
straight streets, with 15 plus homes lined up in a row. The applicant has added a
provision which requires that for blocks with 5 of more houses, a minimum of
20% and a maximum of 50% shall have a 20’ build-to instead of the 15 foot,
providing a more interesting streetscape. There will be 200 front-entry homes on
50 foot lots, staff is recommending the applicant consider 22-foot setback for
front facing garages to assure that vehicles do not overhang the sidewalks. This
22 foot garage setback has been incorporated in the development regulations.
The development standards also address the architectural elements as included in
the DRAFT RBN district, including Building Orientation, Style and Design. In
addition, this PD includes lighting, exterior color finishes, roofing and fencing.
Specifically, fencing abutting Westhaven Park (proposed entry feature park) and
Denton Creek Park (ponds/trails along the southern property line) shall be limited
to wrought iron. Board-on-board cedar fencing with a uniform decorative cap is
ITEM # 6
Page 5 of 7
required along street rights-of-way. Finally, along SH 121 there will be a 6’ foot
grey limestone and thin wall brick wall to be constructed on a 4-foot berm.
However, the details indicate columns spaced at 40 feet on-center. The Zoning
Ordinance requires columns to be expressed a minimum of 10 feet and a
maximum of 30 feet. The wall elevations have been revised to reflect the
columns being 30 feet on-center. Also a clarification is needed as to the
maintenance responsibility of the portion of the 4:1 sloped berm which is within
residential lots, verses within a common area lot. A 5’foot wall maintenance
easement has been included on the rear of these lots.
TREE MITIGATION/OPEN SPACES
As noted above, approximately 40% of this land will be designated as common
open space for the use and enjoyment of the residents. Detail Landscape Plans
have been included for each common area. These plans incorporate plant
materials from our recently revised plant list which promote the use of
Xeriscaping.
There are a variety of open spaces including: small, landscaped out-lots nestled
within the residential blocks; larger stand-alone lots with formal seating and play
areas; entry features with fountains as well as a 27 acre tract to be developed with
ponds and trails along the southern boundary of this property. This 27 acre tract
abuts the privately maintained common areas of The Mansions and Villages of
Cottonwood Creek, as well as the City’s Denton Creek Park. All the amenity
areas will be built by the developer and maintained by the Westhaven
Homeowners Association.
As required with all developments, a detailed tree survey and mitigation plan was
submitted. Approximately 30% of the caliper inches of trees will be preserved,
especially within the pond and creek areas. The removal of the remaining 70%
for drainage and lot development requires a retribution fee of approximately $1.38
million, which includes preservation credit and credit for all trees planted within
common areas and street trees on private lots. The city’s ordinance allows the
granting of impact fees as credits towards retribution fees. Based on 297 lots, a
credit of $381,645 ($1,285 per lot) may be applied. As part of this development
the applicant has offered to construct a portion of the city’s 8-foot wide trail
system to connect this development with the existing trail system, which includes
three pedestrian bridges. The estimated cost of these improvements is $436,000
and credits for these improvements would also be appropriate. The applicant is
requesting relief from the remainder of the $562,335 due. This additional relief
from the mitigation fees will ultimately be the decision of Council, as they are the
only body with the authority to waive fees.
Engineering Issues
As previously discussed, TxDOT’s approval of the location of the streets
intersecting SH 121 is critical to this development. Additional meetings have
occurred, however no formal response has been received. There is also a
question as to the capacity of the sewer system to support this development. This
issue is currently being studied and the results of the study are anticipated in the
next couple of weeks. The study is still in progress. Finally, the submission of
flood plain study (CLOMR) is required. The study has been submitted and is
ITEM # 6
Page 6 of 7
being reviewed by one of the City’s consulting engineering firms The
applicant group is aware of and working on these issues. It is recommended that
there be substantial progress on these issues prior to any formal action being
taken.
Advertising Issues
This project was advertised on May 4th as a proposed 296 residential lot
development. When this project was resubmitted on May 8th for P&Z packet, the
lot count increased by one lot to 297. Based on advice from our City Attorney,
this case may be reviewed and discussed at the May 17th Planning and Zoning
Commission meeting, however, any formal action on this request will need to be
delayed until it is re-advertised for June 21st meeting. This has been advertised
for 297 lots.
The applicant is agreeable to a 30-day delay to permit the inclusion of this
additional lot, as well as to address other issues as discussed in this staff report.
Finally, given the scope and size of this project, this will also provide the
Planning and Zoning Commission additional opportunity to review and discuss
this request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending that no formal action be taken on this case until it is re-advertised for the
June 21, 2012 Planning and Zoning Commission meeting, however discussion may be held to
address issues relating to this case. Outstanding issues include: The following is a summary of
the applicant’s responses to the outstanding issues:
1. Further analysis of and revisions to the proposed street intersections with substandard radii.
• Each intersection was analyzed and various tree setbacks, right-of-way
adjustments and no parking areas were included.
2. Analysis of the need for an additional street stub-out to the property to the east.
• Staff has received no response from the abutting property owner; therefore the
Detail Site Plan is acceptable as presented.
3. A more detail analysis of the location of permitted and prohibited on-street parking on a
street by street basis.
• The ratio of designated on-street (bump-out) parking was increased from 0.50 to
0.75 spaces per RBN-3 and RBN-4 units, increasing the number of spaces from
49 to 73. All areas contain 6 spaces or less, except one area on Canterbury Court
which contains 10 spaces in a row. Staff is recommending that a bump-out be
included generally mid-way along this row of parking.
4. Inclusion of traffic calming devises for various streets.
• Areas where these devices are needed have been identified on the No Parking &
Traffic Calming Exhibit.
5. TxDOT’s approval of the location of the streets intersecting SH 121.
• The applicant has met with TxDOT, and appeared to have support, however no
official written response has been received.
6. Submission of the sanitary sewer analysis to ensure that the existing system has the capacity
available to provide service to this development.
• In progress
7. Submission of the floodplain study (CLOMR).
• In progress
ITEM # 6
Page 7 of 7
8. Consideration of providing 22 foot setbacks for front entry garages.
• Provided
9. Revision to the column spacing on the wall along SH 121 to 30’ on-center, and defining the
maintenance responsibility of the portion of the 4:1 berm which is within residential lots,
verses within a common area lot.
• Provided
The following are additional issues/concerns discussed at the Planning and Zoning
Commission meeting on May 18th.
10. Capacity of Schools
• Attached letter from Sid Grant, Assistant Superintendent of Business and
Support, which states that CISD has factored in this development in future
enrollment projections.
11. Noise from SH 121
• A noise study has been commissioned by the applicant. Results are expected at
the June 21st Planning and Zoning Commission meeting.
12. Home Sizes
• The applicant increased the minimum home sizes from 1,200 in all districts to
1,600 in RBN-3 and RBN-4 and 1,800 in RBN-5.
13. Rear of homes visible from main entry streets
• Added provision for 100% masonry on those facades.
Staff is recommending approval of PD-255-SF, Westhaven, subject to the following conditions:
1. TxDOT’s approval of the location of the streets intersecting SH 121.
2. Resolution to the sanitary sewer issue.
3. Approval of the Floodplain study (CLOMR).
4. An additional bump-out be included generally mid-way along the parking row on
Canterbury Court.
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. Applicant’s Letter - Tree Mitigation
2. Noise Analysis Report
3. TxDOT Letter
4. Letter from Sid Grant
5. Revised Design Requirements (8½ x 11 – 18 page document)
6. Revised Overall Site Plan, with Detail Site Plans (5 sheets)
7. No Parking and Traffic Calming Exhibit
8. Revised Tree Survey and Preservation Plan (4 sheets)
9. Revised Landscape Plan (14 sheets)
NOISE ANALYSIS REPORT
WESTHAVEN
Coppell, TX
June 21, 2012
Prepared for:
Contrast Development, LLC
300 E John Carpenter Freeway, Suite 940
Irving, TX 75062
Prepared by:
Kimley-Horn and Associates, Inc.
5750 Genesis Court, Suite 200
Frisco, TX 75034
¤Kimley-Horn and Associates, Inc. 2012
064447701
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc i
Section 1 Introduction ........................................................................................................ 1
1.1 Noise Background ................................................................................................ 1
Section 2 Applicable Noise Standards .............................................................................. 5
Section 3 Existing Noise Environment.............................................................................. 6
3.1 Sound Level Measurements .................................................................................. 7
Section 4 Future Noise Environment .............................................................................. 10
Section 5 Interior Noise Environment ............................................................................. 13
Section 6 List of Preparers .............................................................................................. 14
Section 7 References ....................................................................................................... 15
Tables
Table 1. Sound Levels of Typical Noise Sources and Noise Environments ............................................... 3
Table 2. Activity Categories and Noise Abatement Criteria (23CFR772) ................................................. 5
Table 3. Sound Level Measurements (dBA) ............................................................................................. 7
Table 4. Traffic Counts during Sound Level Measurements ..................................................................... 9
Table 5. Traffic Volumes ....................................................................................................................... 10
Figures
Figure 1. Vicinity Map ............................................................................................................................ 2
Figure 2. Site Plan showing Measurement Locations ............................................................................... 8
Figure 3. Future Exterior Noise Levels (Leq) ......................................................................................... 12
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 1
SECTION 1 INTRODUCTION
This report estimates vehicular traffic noise affecting the proposed Westhaven development in the City of
Coppell, Texas (Figure 1). The proposed project consists of the subdivision of the subject property for
297 single-family residences. The project site is located along the south side of Texas State Highway 121
(SH 121), near the interchange with the SH 121 toll road (Sam Rayburn Tollway [SRT]) and Business
Route 121 (BR 121). The primary noise source affecting the project site is vehicular traffic on SH 121,
the SRT, and the eastbound frontage road.
The proposed development includes a 12-foot-high barrier system consisting of an 8-foot-high screening
wall on top of a 4-foot-high berm around the northern perimeter of the site. With the noise reduction
achieved by this barrier, outdoor usable areas (rear yards) along the northern project perimeter would be
exposed to future (Year 2030) exterior traffic noise levels of 67 dBA Leq, the Texas Department of
Transportation (TxDOT) residential Noise Abatement Criteria (NAC), or below. No exterior noise
impacts would occur, and therefore no exterior noise mitigation is necessary. Additionally, interior noise
levels within project residences are anticipated to be below 45 dBA Ldn (average Day-Night Level in A-
weighted decibels), the Housing and Urban Development (HUD) goal for residential interior
environment. The methodology and findings of this analysis are further discussed in the following pages.
1.1 NOISE BACKGROUND
Noise is generally defined as loud, unpleasant, unexpected, or undesired sound that is typically associated
with human activity and that interferes with or disrupts normal activities. The human environment is
characterized by a certain consistent noise level which varies by location and is termed ambient noise.
Although exposure to high noise levels has been demonstrated to cause hearing loss, the principal human
response to environmental noise is annoyance. The response of individuals to similar noise events is
diverse and influenced by the type of noise, perceived importance of the noise and its appropriateness in
the setting, time of day and type of activity during which the noise occurs, and sensitivity of the
individual.
Sound is a physical phenomenon consisting of minute vibrations that travel through a medium, such as
air, and are sensed by the human ear. Sound is generally characterized by several variables, including
frequency and intensity. Frequency describes the sound’s pitch and is measured in cycles per second, or
hertz (Hz), whereas intensity describes the sound’s loudness and is measured in decibels (dB). Decibels
are measured using a logarithmic scale. A sound level of 0 dB is approximately the threshold of human
hearing. Normal speech has a sound level of approximately 60 dB. Sound levels above about 120 dB
begin to be felt inside the human ear as discomfort and eventually as pain at still higher levels. The
minimum change in the sound level of individual events that an average human ear can detect is about 3
dB. The average person perceives a change in sound level of about 10 dB as a doubling (or halving) of the
sound’s loudness; this relation holds true for sounds of any loudness. Sound levels of typical noise
sources and environments are provided in Table 1.
K:\SND_NOISE\064447701 - Westhaven\Figures\Vicinity Map.ai
FIGURE 1
Vicinity Map
NOT TO SCALE
Westhaven
Sandy Lake Rd
Park
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Blvd
Belt Lin
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Bethel Rd
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Denton Tap RdMa
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Freeport PkwyRoyal LnValley
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INTERSTATE35 E
Project Site
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 3
Table 1. Sound Levels of Typical Noise Sources and Noise Environments
Noise Source
(at Given Distance)Noise Environment A-Weighted
Sound Level
Human Judgment
of Noise Loudness
(Relative to Reference
Loudness of 70 Decibels*)
Military Jet Takeoff
with Afterburner (50 ft)Carrier Flight Deck 140 Decibels 128 times as loud
Civil Defense Siren (100 ft)130 64 times as loud
Commercial Jet Take-off (200 ft)120 32 times as loud
Threshold of Pain
Pile Driver (50 ft)Rock Music Concert
Inside Subway Station (New York)110 16 times as loud
Ambulance Siren (100 ft)
Newspaper Press (5 ft)
Gas Lawn Mower (3 ft)
100 8 times as loud
Very Loud
Food Blender (3 ft)
Propeller Plane Flyover (1,000 ft)
Diesel Truck (150 ft)
Boiler Room
Printing Press Plant 90 4 times as loud
Garbage Disposal (3 ft)Noisy Urban Daytime 80 2 times as loud
Passenger Car, 65 mph (25 ft)
Living Room Stereo (15 ft)
Vacuum Cleaner (10 ft)
Commercial Areas 70 Reference Loudness
Moderately Loud
Normal Speech (5 ft)
Air Conditioning Unit (100 ft)
Data Processing Center
Department Store 60 1/2 as loud
Light Traffic (100 ft)Large Business Office
Quiet Urban Daytime 50 1/4 as loud
Bird Calls (distant)Quiet Urban Nighttime 40 1/8 as loud
Quiet
Soft Whisper (5 ft)Library and Bedroom at Night
Quiet Rural Nighttime 30 1/16 as loud
Broadcast and Recording Studio 20 1/32 as loud
Just Audible
0 1/64 as loud
Threshold of Hearing
Source: Compiled by Kimley-Horn and Associates, Inc.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 4
Because of the logarithmic nature of the decibel unit, sound levels cannot be added or subtracted directly
and are somewhat cumbersome to handle mathematically. A simple rule is useful, however, in dealing
with sound levels. If a sound’s intensity is doubled, the sound level increases by 3 dB, regardless of the
initial sound level. Thus, for example, 60 dB + 60 dB = 63 dB, and 80 dB + 80 dB = 83 dB.
The normal human ear can detect sounds that range in frequency from about 20 Hz to 20,000 Hz.
However, all sounds in this wide range of frequencies are not heard equally well by the human ear, which
is most sensitive to frequencies in the range of 1,000 Hz to 4,000 Hz. This frequency dependence can be
taken into account by applying a correction to each frequency range to approximate the human ear’s
sensitivity within each range. This is called A-weighting and is commonly used in measurements of
community environmental noise. The A-weighted sound pressure level (abbreviated as dBA) is the sound
level with the “A-weighting” frequency correction. In practice, the level of a noise source is conveniently
measured using a sound level meter that includes a filter corresponding to the dBA curve.
Because community noise fluctuates over time, a single measure called the Equivalent Sound Level (Leq)
is often used to describe the time-varying character of community noise. The Leq is the energy-averaged
A-weighted sound level during a measured time interval. It is equal to the level of continuous steady
sound containing the same total acoustical energy over the averaging time period as the actual time-
varying sound. Additionally, it is often desirable to know the acoustic range of the noise source being
measured. This is accomplished through the Lmax and Lmin indicators, which represent the root-mean-
square maximum and minimum noise levels obtained during the measurement interval. The Lmin value
obtained for a particular monitoring location is often called the “acoustic floor” for that location.
Another sound measure known as the Day-Night Sound Level (Ldn) is an adjusted average A-weighted
sound level for a 24-hour day. It is calculated by adding a 10-dBA adjustment to sound levels during
nighttime hours (10:00 p.m. to 7:00 a.m.). This adjustment compensates for the increased sensitivity to
noise during the typically quieter nighttime hours. The Ldn is used by agencies such as the U.S.
Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency
(EPA) to evaluate land-use compatibility with regard to noise.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 5
SECTION 2 APPLICABLE NOISE STANDARDS
The Texas Department of Transportation (TxDOT) has implemented the Federal Highway Administration
(FHWA) Noise Abatement Criteria (NAC) contained in the Code of Federal Regulations, Title 23, Part
772 (23CFR772) [FHWA 2010]. Table 2 summarizes NAC corresponding to various land use activity
categories. Activity categories and related traffic noise impacts are determined based on the actual or
permitted land use in a given area.
Table 2. Activity Categories and Noise Abatement Criteria (23CFR772)
Activity
Category
Activity
Leq(h)
Evaluation
Location Description of Activities
A 57 Exterior
Lands on which serenity and quiet are of extraordinary significance and
serve an important public need and where the preservation of those
qualities is essential if the area is to continue to serve its intended purpose.
B 67 Exterior Residential.
C 67 Exterior
Active sports areas, amphitheaters, auditoriums, campgrounds, cemeteries, day care
centers, hospitals, libraries, medical facilities, parks, picnic areas, places of worship,
playgrounds, public meeting rooms, public or nonprofit institutional structures, radio
studios, recording studios, recreation areas, Section 4(f) sites, schools, television studios,
trails, and trail crossings.
D 52 Interior
Auditoriums, day care centers, hospitals, libraries, medical facilities, places of worship,
public meeting rooms, public or nonprofit institutional structures, radio studios, recording
studios, schools, and television studios.
E 72 Exterior Hotels, motels, offices, restaurants/bars, and other developed lands, properties, or
activities not included in A-D or F.
F __
Agriculture, airports, bus yards, emergency services, industrial, logging, maintenance
facilities, manufacturing, mining, rail yards, retail facilities, shipyards, utilities (water
resources, water treatment, electrical), and warehousing.
G __Undeveloped lands that are not permitted.
Primary consideration is given to exterior areas (Category A, B, C, or E) where frequent human activity occurs. However, interior
areas (Category D) are used if exterior areas are physically shielded from the roadway, or if there is little or no human activity in
exterior areas adjacent to the roadway.
Source: TxDOT 2011
In the absence of City of Coppell exterior noise / land use compatibility guidelines, the peak hour noise
level of 67 dBA Leq specified by TxDOT for residential land uses is considered the threshold of
significance at outdoor usable areas of the project.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 6
SECTION 3 EXISTING NOISE ENVIRONMENT
The project site is currently undeveloped. The primary noise source affecting the project site is vehicular
traffic on SH 121, the SRT, and the eastbound frontage road. The secondary noise source is vehicular
traffic on the interchange ramp from eastbound SH 121 to eastbound BR 121, the exit ramp from
eastbound SH 121 to Denton Tap Road, and the turnaround from westbound SH 121 to eastbound SRT.
Noise from vehicular traffic on the westbound frontage road and the other SH 121 / BR 121 ramps was
considered negligible due to lower traffic volumes, further distances, and general inaudibility during the
site visit; therefore, these sources were not included in the traffic model.
Another secondary noise source is aircraft overflights associated with operations of the Dallas / Fort
Worth International Airport. However, the project site is located beyond the 65 DNL (Day-Night Level
[synonymous with Ldn]) noise contour [DFW Airport 1992]; as such, airport noise is not included in the
exterior noise analysis.
West of BR 121, SH 121 is a freeway with three lanes in each direction. The existing ADT on SH 121 is
71,854 vehicles west of BR 121 [TxDOT]. Between BR 121 and the start of the SRT (at the Denton Tap
Road exit), SH 121 is a freeway with two lanes in each direction. The existing ADT on SH 121 is 40,118
vehicles between BR 121 and the SRT [TxDOT]. The posted vehicle speed on SH 121 is 70 miles per
hour (mph).
The SRT is a toll road with three lanes in each direction. The existing ADT on the SRT is 42,497 vehicles
between SH 121 and MacArthur Boulevard [TxDOT]. The posted vehicle speed limit on the SRT is 70
mph.
The eastbound frontage road has three lanes near the west side of the project site, merging to two lanes
near the east side of the site. The existing ADT on the frontage road is 598 vehicles west of the
turnaround, 2,497 vehicles between the turnaround and the exit ramp from eastbound SH 121 to Denton
Tap Road, and 8,442 vehicles east of the exit [TxDOT]. The posted speed limit on the frontage road is 55
mph.
The interchange ramp from eastbound SH 121 to eastbound SH 121 has two lanes. This ramp is an
overcrossing of SH 121; the embankment shields a portion of the northwestern area of the project site
from SH 121. The existing ADT on the ramp is 16,874 vehicles [TxDOT]. The assumed speed on the
ramp is 55 mph.
The exit ramp from eastbound SH 121 to Denton Tap Road has one lane. The existing ADT on the ramp
is 5,945 vehicles [TxDOT]. The assumed speed on the ramp is 55 mph.
The turnaround from westbound SH 121 to eastbound SRT has one lane. The existing ADT on the
turnaround is 1,899 vehicles [TxDOT]. The assumed speed on the turnaround is 55 mph.
The existing (Year 2009) traffic volumes are also summarized in Table 5 below. The average vehicle mix
on roadways in the project vicinity is assumed to be 97.0% cars, 1.5% medium trucks, 1.0% heavy trucks,
0.0% buses, and 0.5% motorcycles, based on traffic counts conducted during the field noise
measurements.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 7
3.1 SOUND LEVEL MEASUREMENTS
Four 15-minute sound level measurements with simultaneous traffic counts were conducted during the
afternoon peak traffic period of June 12, 2012 to calibrate the noise model. A RION Model NL-31
American National Standards Institute Type 1 Integrating Sound Level Meter was used as the data-
collection device. The meter was mounted to a tripod roughly 5 feet above ground to simulate the average
height of the human ear. The sound level meter was calibrated before and after the measurement period.
The measurement results are summarized in Table 3 and correspond to the locations depicted on Figure 2.
The measured noise levels ranged from approximately 52 dBA Leq near the center of the south side of the
site to approximately 70 dBA Leq near the northeast area of the site.
Table 3. Sound Level Measurements (dBA)
Measurement Location Time Leq Lmin Lmax L10 L50 L90
ML1 Northeast area of site
78’ south of edge of pavement 17:05 – 17:20 69.7 61.3 78.1 71.9 69.3 65.7
ML2 North side of site
50’ south of existing fence line 17:35 – 17:50 63.0 56.7 68.9 65.0 62.4 60.0
ML3 West side of site
50’ southeast of existing fence line 18:00 – 18:15 63.9 60.4 68.0 65.3 63.7 62.0
ML4 Center / south side of site 18:20 – 18:35 51.8 47.8 59.7 53.3 51.1 49.6
Notes:
Sound level measurements were performed on June 12, 2012.
Meteorological conditions: 89°F, 0-4 mph wind speed, and 62% relative humidity.
ML2
ML4
ML1
ML3
Legend
Measurement Location SCALE 1”=300’
Figure 2
Site Plan Showing Measurement Locations
Westhaven
K:\SND_NOISE\064447701 - Westhaven\Figures\ML.ai121Turnaround To BR 121Frontag
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K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 9
Table 4. Traffic Counts during Sound Level Measurements
Measurement Roadway Cars MT HT Bus MC
ML1
EB SRT 3,168 36 0 0 0
WB SRT 1,716 24 12 0 0
EB Frontage Road 1,080 18 6 0 0
ML2
EB SRT 2,892 12 0 0 0
WB SH 121 2,616 60 48 0 0
EB Frontage Road 480 0 0 0 0
Ramp from SH 121 EB – BR 121 EB 1,740 0 12 0 24
ML3
EB SH 121 3,192 72 48 0 0
WB SH 121 & WB Frontage Road 3,876 84 96 12 36
Ramp from SH 121 EB – BR 121 EB 1,800 12 24 0 0
EB Frontage Road 84 0 0 0 0
EB Turnaround Loop 192 0 0 0 0
Notes:
Counts varied in duration, and have been normalized to a one-hour period.
No counts were performed during ML4 due to poor visibility from the measurement location.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 10
SECTION 4 FUTURE NOISE ENVIRONMENT
The FHWA Traffic Noise Model (TNM) Version 2.5 was used to calculate future (Year 2030) onsite
traffic noise levels. The modeling effort considered the project site plan [KHA 2012], roadway
alignments, estimated average vehicle speed, peak-hour traffic volume, and vehicle mix.
To validate the accuracy of the model, TNM was used to compare the measured traffic noise level to the
modeled noise level at ML1, ML2, and ML3. The measured sound levels were higher than the modeled
sound levels by approximately 1.5 dBA. Therefore, the measured and modeled sound levels are
considered to be in reasonable agreement, and no calibration adjustments were made to the model. The
default ground type was ‘hard soil’.
Future traffic volumes were estimated based on a growth factor of 2% per year; this corresponds to a
multiplier of 1.52 from Year 2009 to Year 2030. It was assumed that the peak hour traffic volume is 10%
of the ADT. The existing traffic mix was assumed to remain constant in the future. Future peak hour
traffic volumes used in the analysis are shown in Table 5.
Table 5. Traffic Volumes
Roadway Segment Existing
ADT
Future
ADT
Peak-Hour Volume
Speed
Cars MT HT Bus MC
SH 121 West of BR 121 71,854 109,218 10,594 164 109 0 55 70 mph
BR 121 – SRT 40,118 60,979 5,915 91 61 0 30 70 mph
SRT SH 121 – MacArthur 42,497 64,595 6,266 97 65 0 32 70 mph
EB frontage road
West of turnaround 598 909 88 1 1 0 0 55 mph
Turnaround – exit ramp 2,497 3,795 368 6 4 0 2 55 mph
East of exit ramp 8,442 12,832 1,245 19 13 0 6 55 mph
Interchange ramp SH 121 EB – BR 121 EB 16,874 25,648 2,488 38 26 0 13 55 mph
Exit ramp SH 121 EB – Denton Tap 5,945 9,036 876 14 9 0 5 55 mph
EB turnaround BR 121 WB – SRT EB 1,899 2,886 280 4 3 0 1 55 mph
The project includes an 8-foot-high screening wall on a four-foot-high berm, along the northern property
line. It was assumed that the property adjacent on the east would be required to install a similar screening
wall and berm system upon development. These features were included in the noise model. The barriers
would be solid in construction, with no gaps or cracks through or below the wall, with a minimum density
of 3.5 pounds per square foot.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 11
Calculations show that future exterior traffic noise levels at outdoor usable areas along the northern
project perimeter would range from 63 dBA Leq to 67 dBA Leq, as shown on Figure 3. Noise levels at
the northernmost lots along Westhaven Road, Terrace Street, Banbury Road, Bridge Street, N. Canterbury
Court, Windsor Road, Huntington Street, and Wingate Road would be exposed to noise levels of 67 dBA
Leq, the TxDOT NAC, or below. No exterior noise impacts would occur. No exterior noise mitigation is
necessary.
SCALE 1”=300’Figure 3Future Exterior Noise Levels (dBA Leq)WesthavenK:\SND_NOISE\064447701 - Westhaven\Figures\Noise Levels.ai6366666665656765666766121TurnaroundTo BR 121FrontageRoadSRT (Toll Road)Denton Tap ExitWesthaven RoadTerrace StreetSpringlake WayBanbury RoadBridgeStreetWindsor Roa
dJohns Avenue Swearing RoadWingate RoadCanterburyCourtEvergreenDriveWindsor RoadBridgeStreetIvymount RoadHuntingdon StreetWesthaven Road
Westhaven RoadWingate RoadSpringlake Way
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 13
SECTION 5 INTERIOR NOISE ENVIRONMENT
In the absence of City of Coppell and Texas State thresholds for residential interior noise levels, the
Housing and Urban Development (HUD) interior noise goal of 45 dBA Ldn was considered a reasonable
objective for this project.
Based on national averages, approximately 20-25 dBA of noise reduction can be expected with closed
windows (EPA 1974). However, the actual interior noise level within a building depends on the sound
transmission loss qualities of the construction material and surface area of each element such as walls,
windows, and doors. Other factors include the type of construction (concrete, brick, stucco, etc.), interior
furnishings and orientation of the room relative to the noise source.
The project residential structures are expected to consist of brick exterior walls and dual-pane windows.
The exterior walls would be expected to exceed Sound Transmission Class (STC) 45. STC is a single-
number rating used to quantify the airborne sound attenuation of building partitions. The windows would
be expected to exceed STC 28 due to energy code requirements. The roof structure would be expected to
exceed STC 30, considering the roof deck, insulation, and shingles. The project buildings can be
reasonably expected to achieve a transmission loss of 25 dBA. As such, the project residences are
expected to be exposed to interior noise levels of 45 dBA Ldn or less.
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 14
SECTION 6 LIST OF PREPARERS
Jeffrey D. Fuller, INCE, REHS
Senior Project Manager
Steve Fiedler, INCE
Project Acoustical Analyst
K:\SND_NOISE\064447701 - Westhaven\Report\Westhaven Noise Analysis Report 2012-06-21A.doc 15
SECTION 7 REFERENCES
Dallas / Fort Worth International Airport. 1992. 65 DNL Noise Contour.
Federal Highway Administration (FHWA). 2004. Traffic Noise Model, Version 2.5. February.
2010. 23CFR772. July 13.
Harris, Cyril M. 1998. Handbook of Acoustical Measurements and Noise Control, Third Edition.
Acoustical Society of America. Woodbury, NY.
International Organization for Standardization (ISO). 1996a. ISO 1996/1. Acoustics – Description and
Measurement of Environmental Noise – Part 1: Basic Quantities and Procedures.
1996b. ISO 1996-2. Acoustics – Description and Measurement of Environmental Noise – Part 2:
Acquisition of Data Pertinent to Land Use.
1996c. ISO 1996-3. Acoustics – Description and Measurement of Environmental Noise – Part 3:
Application to Noise Limits.
Texas Department of Transportation (TxDOT). 2011. Guidelines for Analysis and Abatement of
Roadway Traffic Noise. April.
2006. SH 121: From East of Macarthur Boulevard to the Dallas North Tollway, FONSI Re-
Evaluation for the Proposed Toll Facility. April.
Design Requirements
21 June 2012
W ESTHAVEn
COPPELL, TEXAS
121 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
TOTAL (Estimated)
RBN-3 50
RBN-4 47
RBN-5 200
TOTAL 297
PROPOSED SITE PLAN
221 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
SINGLE-FAMILY RESIDENTIAL RBN-3
General Propose and Description.
The detached town home will be a low maintenance lock and leave concept, detached zero lot line, lifestyle
home. RBN-3 is a residential district that will comprise of buyers desiring a home with small yards and small
outdoor living spaces yet still prefer high levels of ambient light within their homes. The purpose of RBN-3 is
to provide a development that will promote:
1. A greater diversity of types of housing than found in other Coppell neighborhoods
2. An alternative means of developing land
3. Public health, safety and welfare that fosters a strong sense of neighborhood identity based on a shared,
coherent, functionally efficient physical environment
4. The distinctive, small-town character of Coppell.
Use regulations.
A building or premise shall be used only for the following purposes:
1. Home Occupation
2. Such uses as may be permitted under the provisions of special use permits in Chapter 12, Sections
12-30-5 and 12-30-6 of the Coppell Code of Ordinances.
3. Any use permitted in the TH-2 District as described in Article 16, Chapter 12 in the Code of Ordinances
of the City of Coppell.
4. Any use in RBN-4 and RBN-5
RBN-3
321 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
Maximum height regulations.
The maximum height regulations will be:
35 feet nor more than two and one half stories
Area regulations.
1. Minimum size of yards:
a. Front yard: 10 foot build to line. Where lots have double frontage, running through from one
street to another, the required front yard shall be provided on both streets. Porches may encroach
into the front yard up to four (4) feet.
b. Side yard: One side 0 feet and the other side 5 feet minimum. Adjacent to a side street
a 10 foot sideyard is required. Overhangs up to 24” will be allowed into adjacent lot on 0 side.
c. Rear yard: 20 feet
2. Minimum size of lot:
a. Lot area: 3,100 square feet
b. Lot width: 30 feet
c. Lot depth: 105 feet
3. Minimum dwelling size: 1,600 square feet, exclusive of garages, breezeways, and porches
4. Lot coverage: 65 percent of the total area may be covered by the combined area of the main buildings
and accessory buildings.
Parking regulations.
All RBN-3 lots will utilize rear alleys for access. Two enclosed off-street parking spaces will be provided. Two
off-street paved parking spaces shall be provided at the rear of the garage. Guest parking over the required off
street parking shall be provided at a rate of 0.75 spaces per RBN-3 unit. The guest parking shall be provided
within 600 feet of each RBN-3 unit and may be provided via on-street parallel parking.
Type of exterior construction.
At least 80 percent of the exterior walls of all structures shall be of masonry construction exclusive of
porches, doors, windows, and the area above the top plate line.
RBN-3
421 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
SINGLE-FAMILY RESIDENTIAL RBN-4
General Propose and Description.
The city home will be a low maintenance lock and leave concept, detached zero lot line lifestyle home. RBN-4
is a residential district that will comprise of buyers desiring a larger home with larger yards and larger outdoor
living spaces compared to the RBN-3 district. This home type allows for larger ‘master down’ floorplans which
will attract empty nesters and ‘move down’ buyers. The purpose of RBN-4 is to provide a development that will
promote:
1. A greater diversity of types of housing than found in other Coppell neighborhoods
2. An alternative means of developing land
3. Public health, safety and welfare that fosters a strong sense of neighborhood identity based on a shared,
coherent, functionally efficient physical environment
4. The distinctive, small-town character of Coppell.
RBN-4
521 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
Use regulations.
A building or premise shall be used only for the following purposes:
1. Home Occupation
2. Such uses as may be permitted under the provisions of special use permits in Chapter 12, Sections 12-
30-5 and 12-30-6 of the Coppell Code of Ordinances.
3. Any use permitted in the TH-2 District as described in Article 16, Chapter 12 in the Code of Ordinances
of the City of Coppell.
4. Any use in RBN-5
Maximum height regulations.
The maximum height regulations will be:
35 feet nor more than two and one half stories
Area regulations.
1. Minimum size of yards:
a. Front yard: 10 foot build to line. Where lots have double frontage, running through from
one street to another, the required front yard shall be provided on both streets. Porches
may encroach into the front yard up to four (4) feet.
b. Side yard: One side 0 feet and the other side 10 feet minimum. Adjacent to a side street
a 10 foot side yard is required. Overhangs up to 24” will be allowed into adjacent lot on 0 side.
c. Rear yard: 20 feet
2. Minimum size of lot:
a. Lot area: 4,200 square feet
b. Lot width: 40 feet
c. Lot depth: 105 feet
3. Minimum dwelling size: 1,600 square feet, exclusive of garages, breezeways, and porches
4. Lot coverage: 60 percent of the total area may be covered by the combined area of the main
buildings and accessory buildings.
Parking regulations.
All RBN-4 lots will utilize rear alley for access. Two enclosed off-street parking spaces will be provided. Two
off-street paved parking spaces shall be provided at the rear of the garage. Guest parking over the required off
street parking shall be provided at a rate of 0.75 spaces per RBN-4 unit. The guest parking shall be provided
within 600 feet of each RBN-4 unit and may be provided via on-street parallel parking.
Type of exterior construction.
At least 80 percent of the exterior walls of all structures shall be of masonry construction exclusive of
porches, doors, windows, and the area above the top plate line.
RBN-4
621 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
SINGLE-FAMILY RESIDENTIAL RBN-5
General Propose and Description.
RBN-5 is a residential district that will comprise of buyers desiring homes with a rear yard and outdoor living
space. This home type provides high quality homes with spacious rear yards which will be attractive to a wide
variety of buyers. The purpose of RBN-5 is to provide a development that will promote:
1. A greater diversity of types of housing than found in other Coppell neighborhoods
2. Public health, safety and welfare that fosters a strong sense of neighborhood identity based on a shared,
coherent, functionally efficient physical environment
3. The distinctive, small-town character of Coppell.
Use regulations.
A building or premise shall be used only for the following purposes:
1. Any use permitted in the SF7 District as described in Article 16, Chapter 12 in the Code of Ordinances
of the City of Coppell.
2. Home Occupation
3. Such uses as may be permitted under the provisions of special use permits in Chapter 12, Sections
12-30-5 and 12-30-6 of the Coppell Code of Ordinances.
RBN-5
721 June 2012
PROJECT 211142.00
W ESTHAVEn
COPPELL, TEXAS
Maximum height regulations.
The maximum height regulations will be:
35 feet nor more than two stories
Area regulations.
1. Minimum size of yards:
a. Front yard: 15 foot building line. Where lots have double frontage, running through from
one street to another, the required front yard shall be provided on both streets. For blocks within
the RBN-5 zone with five (5) or more houses fronting the same street, a minimum of 20% and
a maximum of 50% of the houses shall utilize a 20’ building line. Garages must be setback a
minimum of 22 feet. Porches may encroach into the front yard up to four (4) feet.
b. Side yard: 5 feet. Adjacent to a side street, 10 feet.
c. Rear yard: 15 feet
2. Minimum Size of lot:
a. Lot area: 5,200 square feet
b. Lot width: 50 feet
c. Lot depth: 110 feet
3. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways, and porches
4. Lot coverage: 60 percent of the total area may be covered by the combined area of the main buildings
and accessory buildings.
Parking regulations.
Two enclosed off-street parking spaces a minimum of 20 feet behind the front property line. Garage doors
shall be wood clad or with a similar look, painted or stained to compliment the home’s color. Two off-street
parking spaces shall be provided in front of the garage for residents and guests. The parking spaces shall be
paved with an exposed aggregate, stamped and stained concrete, decorative stone or concrete paver.
Type of exterior construction.
At least 80 percent of the exterior walls of all structures shall be of masonry construction exclusive of porches,
doors, windows, and the area above the top plate line.
RBN-5
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Public Framework System
The development will implement a hierarchical framework of streets, lighting, parks, green ways, and
other public facilities – the design of which will be critical in establishing a dynamic, pedestrian oriented
environment. The following describes this framework and the design approaches that will be essential in
realizing the project’s vision.
Streets
The street network of the project is a hierarchy of public spaces that create a strong sense of place and
contribute to the social vibrancy of the neighborhood. Streets, intersections, and their related streetscapes
should be designed not only to move vehicular and pedestrian traffic but also to extend and enrich pedestrian
ways / open spaces, promoting free pedestrian activity and social interaction throughout day and evening hours.
The purpose of this section is to provide guidelines for the master planned classes of streets and the related
streetscapes.
The following text and illustrations will provide guidelines and requirements of each street type.
On-street parking:
• On-street parking shall be designed to allow safe and efficient movement into and out of travel lanes
• Required on-street guest parking should generally be limited to parallel parking.
• Parallel parking spaces shall be a minimum twenty (20) feet in length and eight (8) feet in width from
face of curb
• Parking stalls shall be spatially separated from through-lanes to provide visibility for motorists driving,
parking, or disembarking parked vehicles.
• There shall be a maximum of six (6) parallel spaces between bump-outs. Bump-outs shall also be
provided at all street intersections where on-street parking is permitted.
Village Street With On-street Parking
Village Streets with on street parking will serve the RBN-3 and RBN-4 lots (as shown on the concept plan) and
will be seen as the ‘front door’ where pedestrians and vehicles alike find ready access to guest parking. To aid in
traffic calming, these village streets will be designed to encourage slow moving traffic and increase pedestrian
connections to opens spaces, trails and community facilities.
The following is a list of elements required for inclusion into the design of the village streets, with on-street
parking (see Figure 1 for illustration):
• Right-of-way measuring 58 feet
• A two way drive lane measuring 27 feet face to face
• Bridge street will allow parking on the west and south sides adjacent to the curb. On the north
and east side, parking will only be allowed where parallel parking spaces are provided.
• Parallel parking on one side of the street, each space measuring 8 feet wide by 20 feet in
length
• Planting areas measuring 5-13 feet wide adjacent to back of curb
• Clear pedestrian path 5 feet wide, with 10 foot enhanced paving connections for lots fronting on
parallel parking and will be located near the center of each lot.
• Street trees planted on both sides of street at one street tree per lot and spaced approximately
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equal. Tree size shall be a minimum of 3” (DBH) caliper and shall be planted for each
home prior to issuance of the certificate of occupancy.
• A minimum of three 3” caliper (DBH) street trees shall be placed in the sideyard of lots adjacent
to a side street.
• Pedestrian scale lighting will be required
• Standard roadway paving materials, per the City of Coppell
Village Street Without On-street Parking
In contrast to village streets with on-street parking, these streets will be the primary streets of the development.
They are designed to afford access to single family homes in a safe pleasant environment.
The following is a list of elements required for inclusion into the design of the village streets, without on-street
parking (see Figure 2 for illustration):
• Right-of-way measuring 50 feet
• A two way drive lane measuring 28 feet back to back
• Planting areas measuring 5 feet wide at back of curb
• Clear pedestrian path 5 feet wide
• Street trees planted on both sides of street at a minimum of one street tree per lot and be a
minimum 3” (DBH) caliper and planted prior to issuance of the certificate of occupancy for each
home.
• A minimum of three 3” caliper (DBH) street trees shall be placed in the sideyard of lots adjacent
to a side street.
• Pedestrian scale street lights
• Standard roadway paving materials, per the City of Coppell
Lighting
Lighting in the community shall:
• Illuminate roadways, gathering areas and architecture while enhancing their safety
components
• Serve as repetitive elements that reinforce the project image
• Blend into the environment by day and perform effectively at night to promote a comfortable
condition
• Be directed and controlled so not to disturb residences and to respect the ‘dark sky’ principles of
lighting design.
Roadway Lighting:
Along public roadways, illumination will be required at intervals designed to promote safety and
community identity. Fixtures and poles shall be placed at intersections and pedestrian crossings.
Trees, Parks and Open Space:
The development will ensure the residents and guests are afforded quick and easy access to a variety of high-
quality open spaces. This spectrum of open spaces have been master planned and ranges from quaint, formal
neighborhood pocket parks to large natural areas that preserve the natural environment and link to the City of
Coppell larger open space network.
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Westhaven Creek Park:
Westhaven Creek bisects the property from north to south. With wonderful rock outcroppings and tree
canopy, the creek will largely be left in its natural state and will bisect the main central formal park area
of the project(Bridge Street Park).
Denton Creek Lake Park:
Envisioned as the major open space elements of the development these two lake parks will provide the
residents with connections to the natural environment. The grounds surrounding the lakes will
be landscaped with existing and native plant material enhancing the natural feel of the park. A
network of paths will be provided that connect to the neighborhoods of the development and the
city’s larger trail networks. Recreational amenities in the lake parks will include reserved land
for the City’s 8 foot hike and bike trail, large open spaces, 5’neighborhood trail connections to
the regional trail system, benches and spray fountains.
Formal Neighborhood Open Spaces and Pocket Parks:
These open areas will be sited in a manner that ensures all residents are within 800 feet of a park
and be configured to create a focus for neighborhood sub areas. These parks will be designed to serve
the recreational and social interests of Westhaven residents and reflect the character of the homes.
Benches, fountains, play areas, enhanced landscaping, arbors and other structural elements
will be used to make these areas enticing and interesting to Westhaven residents.
Trees Mitigation:
Tree preservation is very important on this property. There are 2,786 existing protected trees on the
Westhaven property totaling approximately 33,705 inches (including some that are of declining health).
In order to meet the city’s floodplain ordinance requirements, much of this property will be raised
similar to what was done during development of other neighborhoods along Denton Creek
(Magnolia Park, Village at Cottonwood Creek and Copperstone). Unfortunately, this requires
removal of some of the existing trees. In lieu of paying the tree mitigation fees and the
park development fees for Westhaven, we propose to:
• Create two (2) lakes, one approximately 5 acres and the other approximately 2 acres, each with
spray fountains
• Dedicate a 27 acre open space (Denton Creek Lake Park) for public use
• Preserve approximately 30 percent of the tree inches on site including mature trees along Denton
Creek and along Westhaven Creek
• Provide over six (6) acres of formal, manicured park area containing a variety of elements such
as playgrounds, arbors, fountains, benches, walks and a lake overlook
• Provide an additional three (3) acres of valuable open space (including Westhaven Creek Park)
• Build over two and a half (2 1/2) miles of internal, five (5) foot wide trail
• Construct approximately on half of a mile of city master planned eight (8) foot wide hike and
bike trail including bridges over Denton Creek (a 100 foot span), Westhaven Creek and another
tributary
• Place over 750 three inch diameter trees in the onsite common areas and the street tree in front of
each home
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Architecture
Building Orientation:
The homes and buildings will be oriented to promote human-scale development, slow traffic and encourage
walking in the development. All buildings in the development will have their primary entrance oriented to a
street.
Building Style and Design Details:
Building design throughout the development should promote visual interest and diversity through the
use of architectural articulation and massing changes where appropriate. The following guidelines apply:
• A minimum of 50 percent of the street facing elevations and a minimum of 20 percent of the street and
common area facing side building elevations shall be doors, porches, balconies and/or windows. The
side elevation requirement does not apply to the ‘zero’ side of RBN-3 and RBN-4 homes.
• All buildings will incorporate design features such as:
o Building offsets
o Balconies
o Projections
o Windows
o Reveals
o Or similar elements
• Large expanses of uninterrupted building surfaces will not be allowed except on the ‘zero’ side of RBN-
3 and RBN-4 homes.
• Along all street facing elevations of a structure, architectural features shall occur every 20 to
30 feet and shall contain appropriately scaled accent/detail features to create visual interest
and add diversity to building facades. Wood accents shall be stained or painted a
color complementary to the primary building façade. Metal or wrought iron accents shall also be
painted a color complementary to the building façade, unless a decorative finish is intended (e.g.
patina). A galvanized finish is not allowable on any architectural accent.
A minimum of 3 of the following architectural features on all elevations, as appropriate for the
proposed building type and style will be required.
o Balconies
o Cornices
o Dormers
o Eaves
o Window trim
o Bay windows
o Gables
o Pillars/Post
o Recessed Entries
o Covered Front Porches that have a minimum depth of 7 feet
o Chimneys
o Stoops
o Shutters
o Planters/Urns
o Pilasters
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o Window boxes
o Extension that projects a minimum of 2 feet and runs horizontally for a minimum length
of 4 feet
o Offsets or breaks in roof elevations of 2 feet or greater in height
o Decorative patterns on exterior finish
o Decorative cornices and roof lines
o Alternative features providing visual relief, similar to options in this section
• Ground level front porches or patios, a minimum of 7 feet, are encouraged for all single family
homes. Porches may encroach 4 feet into the required front yard.
Lighting:
Exterior illumination, designed to highlight and accent architectural features of homes, will be required on
all facades facing public or private streets. This may include pedestrian scale lamps, bollards, landscape
lighting, and/or step lighting that is complementary in design to the family of light elements described by these
guidelines. Lighting shall be of low intensity and shielded so that light will not spill out onto surrounding
properties or project above the horizontal plane. Required accent lighting is as follows: front loaded garage
doors must have one exterior recessed light centered above each door or incorporate wall mounted bracket
lights on each side of the door. Front porches and entrances must have a minimum of one down light on the
porch and one bracket light beside the front entrance.
Lighting shall be designed to appropriately accent architecture / landscape elements and shall not include
ostentatious shows of light such as wall washes or multi-colored displays.
Exterior Finish Colors:
Building colors will be selected to support a common architectural theme and to promote a strong community
image. In general, building material colors shall be in the earth tones including beiges, taupes, and grays with
accents being muted tones of green, blue or red. Black is permitted for use as an accent color, but is not to be
used as a primary building color. A salt and pepper appearance will not be allowed. Cast stone in buff, white or
cream color with or without pitting is allowed. Cast stone color must complement the mortar color.
Roof:
• The following are permitted for use as primary roof materials: factory finished painted metal, synthetic
slate, cement tile, glass fiber shingles and composition shingles.
• Roof color shall be selected to complement the building exterior finish and shall be a hue
tone or approved blend of the following: primary roof structure to be earth tones or slate grays
with accent roofing material being slate grays or natural metal, excluding galvanized finishes.
• In general, all roofs should exhibit some combination of the following: appropriately scaled roof
articulation, including chimneys and dormers. If chimneys are used on the exterior of the home,
all exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or a combination of
the two, matching the materials used on the residence. All chimney cap designs must be
submitted for approval. Large aluminum chimney caps will not be allowed.
• Miscellaneous
o Vent stacks and other roof penetrations shall be placed, if possible, on roof planes other
than those visible from streets or common areas and must be painted to match roof color.
o Solar collectors, if used, must be integrated into the building design and constructed of
materials that minimize their visual impact.
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Fencing
Fences in Westhaven are intended to perform as functional, unifying architectural elements rather than
mismatched barriers that interfere with the promotion of a sense of community. Fence type shall adhere to
material, height and location standards as follows.
Metal View Fence
A 5’ average height metal or wrought iron fence will be installed on the rear lot line when lots back to
the Denton Creek Lake Park and Westhaven Creek Park.
Wood Fence
A 6’ minimum height stained wood fence with metal posts will be built along all property lines except
lot lines where a metal view fence is installed.
When a lot sides or backs to a street, with or without common area between the side lot line and the
street right-of-way, a 6’ board on board cedar wood fence with metal posts and a uniform, decorative
cap, as detailed in the Conceptual Landscape Plan, shall be built along said side lot line. Lots backing or
siding to SH121 and the open spaces adjacent to SH121 are excluded from the requirement.
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Primary Building Stone
• Greenwhich Gray Lime-
stone
Building Roof Shingles
• Synthetic Slate, Slate
Gray
Cast Stone Accents
• Dove Gray
Color/Materials
Board
Main Entry
3
2
2
3
1
1
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Primary Building Stone
• Greenwhich Gray Lime-
stone
Cast Stone Accents
• Dove Gray
Brick Thin Wall
• Cape Cod
Color/Materials
Board
Project Walls
2 3
3
2
1
1
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Streets
55’ ROW
Section
Plan
2%2%
Figure 1
Figure 1
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Street
50’ ROW
2%2%
Section
Plan
Figure 2
Figure 2
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Street
Alley
Section
Plan
PHASE IPHASE II20' UTILITY EASEMENTVOL. 79074, PG. 170D.R.D.C.T.PARTS ONE AND TWOSTATE OF TEXASVOLUME 95178, PAGE 2292D.R.D.C.T.FIRST TRACTCALLED 40 ACRESFRWM, INC.VOLUME 97122, PAGE 5266D.R.D.C.T.FLOODWAY EASEMENTCOMMON AREAVILLAGE AT COTTONWOOD CREEKSECTION VIVOLUME 95036, PAGE 1867D.R.D.C.T.(OWNER: VILLAGE AT COTTONWOODCREEK SECTION VI HOA)STATE HIGHWAY 121 BYPASS(VARIABLE WIDTH R.O.W.)PORTION OF 15.0 ACRETRACT, VOL. 817, PG. 335SITUATED IN VILLAGE ATCOTTONWOOD CREEKSECTION VIPORTION OF 15.0 ACRE
TRACT, VOL. 817, PG. 335 NOT
INCLUDED IN VOL. 501, PG. 57PORTION OF 15.0 ACRETRACT, INST. NO.201000213054 SITUATED INVILLAGE AT COTTONWOODCREEK SECTION VISTATE HIGHWAY 121(VARIABLE WIDTH R.O.W.)PHASE IITHE MANSIONS BY THE LAKEVOLUME 99215, PAGE 484D.R.D.C.T.TO JOHN EGELSTON, ET ALVOLUME 2005031, PAGE 8619O.P.R.D.C.T.CALLED 10.393 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.CALLED 0.8610 ACRESTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.CALLED 2.743 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.REMAINDER OF ACALLED 1.47 ACRESGIA G. RISH McLEANVOL. 96067, PG. 5566D.R.D.C.T.LOT 7, BLOCK 1ASBURY ESTATESVOLUME 99234, PAGE 47D.R.D.C.T.(OWNER: CITY OF COPPELL)BUFFALO BAYOU, BRAZOSAND COLORADO RAILROADCOMPANY SURVEY,ABSTRACT NO. 1772BUFFALO BAYOU, BRAZOS AND COLORADO RAILROADCOMPANY SURVEY, ABSTRACT NO. 1772THOMAS L. HOLLAND SURVEY, ABSTRACT NO. 624PETER HARMONSON SURVEY,ABSTRACT NO. 1794 (DALLAS COUNTY)ABSTRACT NO. 604 (DENTON COUNTY)BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD
COMPANY SURVEY, ABSTRACT NO. 1772
CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327 (DALLAS
COUNTY) ABSTRACT NO. 1682 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS
COUNTY) ABSTRACT NO. 604 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLASCOUNTY) ABSTRACT NO. 604 (DENTON COUNTY)PETER HARMONSON SURVEY, ABSTRACT NO. 1795 (DALLASCOUNTY) ABSTRACT NO. 530 (DENTON COUNTY)EXISTINGPONDEXISTINGPONDOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHPOHPOHPOHPOHP OHPOHPOHP DENTON COUNTYDALLAS COUNTYDENTON COUNTYDALLAS COUNTY60' WIDE EASEMENT TO BRAZOSELECTRIC POWER COOPERATIVE, INC.VOL. 91077, Pg. 2012, D.R.D.C.T.VOL. 2973, PG. 0224, O.R.D.C.T.DRAINAGE EASEMENTVOL. 95142, PG. 2598,D.R.D.C.T. & CC. NO.95-R0045330 O.R.D.C.T.30' ROAD EASEMENTVOL. 817, PG. 335, VOL.817, PG. 338, INST. NO.201100177765 & INST. NO.201100177766(TO BE ABANDONED BYSEPARATE INSTRUMENT)DRAINAGE EASEMENTVOL. 98030, PG. 4098,D.R.D.C.T. & CC. NO.97-R0089415 O.R.D.C.T.SERVICE ROAD(VARIABLE WIDTH R.O.W.)SERVICE ROAD(VARIABLE WIDTH R.O.W.)PLOTTED BY PITTS, JEREMY 6/18/2012 3:47 PMDWG NAME K:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C- OVERALL SITE PLAN.DWG [Overall Layout]LAST SAVED 6/18/2012 8:18 AM
DEVELOPER:Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034Tel: (972) 335-3580Contact: Mark Harris, P.E.ENGINEER/PLANNER:DESIGNEDJDPDRAWNJDPCHECKEDMEHSCALEAS SHOWNDATEAPRIL 2012KHA PROJECT NO.64447701OWNERS:Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062Tel: (972) 793-7685Contact: Terry Mitchell, P.E.Howsley, et al c/o WilliamHowsleyHawkeye Realty Schreiber,L.P. et al c/o Robert B.Payne, Jr.VICINITY MAPNOT TO SCALESITES-100120'240'NON-TYPICAL GRAPHIC SCALE 120'BEING a tract of land situated in the Peter Harmonson Survey, Abstract No. 1749 (Dallas County), Abstract No. 604 (Denton County) and the Buffalo Bayou, Brazosand Colorado Railroad Company Survey, Abstract No. 1772, City of Coppell, Dallas County and Denton County, Texas, and being a portion of a called 6.0 acre tract ofland, a portion of a called 8.0 acre tract of land and all of a called 15.0 acre tract of land, conveyed to conveyed to WCH Family Partnership, Ltd., as evidenced in aSpecial Warranty Deed, recorded in Instrument No. 201000213054 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), a portion of a called 8.0 acretract of land, conveyed to Mary Sue Flournoy as evidenced in a Warranty Deed, recorded in Volume 1053, Page 417of the Official Records of Denton County, Texas(O.R.D.C.T.), being all of a called 15.0 acre tract, conveyed to Mary Sue Flournoy as evidenced in a Warranty Deed, recorded in Volume 817, Page 335 of the OfficialRecords of Denton County, Texas (O.R.D.C.T.), and a portion of a called Tract 1, conveyed to Hawkeye Realty Schreiber, L.P., as evidenced in a Special WarrantyDeed, recorded in Instrument No. 20080211944 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being more particularly described by metesand bounds as follows:BEGINNING at a 5/8-inch “J. E. Smith” capped iron rod found for the southeast corner of those tracts of land, conveyed to the State of Texas as evidenced in a Deedrecorded in Volume 95178, Page 2292 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), same being the intersection of the south right of way line of StateHighway No. 121 Bypass (a variable width right of way) with the east line of said 8.0 acre, Mary Sue Flournoy, tract;THENCE South 00°05'20” East, departing the south right of way line of said State Highway No. 121 Bypass and along the east line of said 8.0 acre tract, passing at adistance of 461.24 feet, the southeast corner of said 8.0 acre tract and the northeast corner of said 15.0 acre, Mary Sue Flournoy , tract, a distance of 1,777.55 feet to a5/8-inch “KHA” capped iron rod set for the southeast corner of a called Second Tract, conveyed to T. J. Turner and Colon R. Kelly as evidenced in a Warranty Deedrecorded in Volume 501, Page 57, O.R.D.C.T., from said corner, the southeast corner of said 15.0 acre, Mary Sue Flournoy , tract, bears South 00°05'20" East, 238.91feet;THENCE South 89°45'36" West, departing the east line of said 15.0 acre, Mary Sue Flournoy, tract, along the south line of said Second Tract and along the extensionof the north line and the north line of Village at Cottonwood Creek Section VI, an Addition to the City of Coppell, Texas, according to the Plat thereof recorded inVolume 95036, Page 1867 of the Deed Records of Dallas County, Texas, passing at a distance of 438.77 feet to a corner on the west line of said 15.0 acre, Mary SueFlournoy, tract, same being on the east line of a called 15.0 acre tract of land, conveyed to WCH Family Partnership, Ltd., as evidenced in a Special Warranty Deed,recorded in Instrument No. 201000213054 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), continuing along the south line of said Second Tract,a total distance of 546.05 feet to a corner in the center of Denton Creek;THENCE North 52°54'49” West, along the south line of said Second Tract, the south line of said 15.0 acre, WCH Family Partnership, Ltd., tract and along the center ofsaid Denton Creek, a distance of 253.70 feet to a corner;THENCE North 34°19'49” West, continuing along the south line of said 15.0 acre, WCH Family Partnership, Ltd., tract and continuing along the center of Denton Creek,a distance of 466.38 feet to the southwest corner of said 15.0 acre, WCH Family Partnership, Ltd., tract;THENCE North 00°42'54” West, along the west line of said 15.0 acre, WCH Family Partnership, Ltd., tract, a distance of 5.37 feet to the southeast corner of aforesaidTract 1 as conveyed to Hawkeye Realty Schreiber, L.P., same being in the center of said Denton Creek;THENCE North 47°06'44" West, along the center of Denton Creek and the north line of said 49.899 acre tract, a distance of 92.77 feet to a corner on the common lineof said 49.899 acre tract and Lot 7, Block 1 of Asbury Estates, an Addition to the City of Coppell, Texas, according to the Plat thereof recorded in Volume 99234, Page47, D.R.D.C.T.;THENCE in a westerly direction, continuing along the center of Denton Creek and along the common line of said 49.899 acre tract and said Lot 7, Block 1 of AsburyEstates, the following:North 62°45'44" West, a distance of 113.00 feet to a corner;North 81°01'44" West, a distance of 122.50 feet to a corner;South 63°23'16" West, a distance of 162.00 feet to a corner;South 30°58'16" West, a distance of 193.00 feet to a corner;South 34°28'16" West, a distance of 106.00 feet to the northwest corner of said Lot 7, Block 1, same being the northeast corner of Phase II of The Mansions bythe Lake, an Addition to the City of Coppell, Texas, according to the Plat thereof recorded in Volume 99215, Page 484, D.R.D.C.T.;THENCE in a westerly direction, continuing along the center of Denton Creek and along the common line of said 49.899 acre tract and said Phase II of The Mansionsby the Lake, the following:South 69°32'16" West, a distance of 100.00 feet to a corner;South 89°11'16" West, a distance of 100.00 feet to a corner;North 68°25'44" West, a distance of 108.00 feet to a corner;THENCE North 59°40'46" West, departing the common line of said 49.899 acre tract and said Phase II of The Mansions by the Lake, and continuing along the centerof said Denton Creek, a distance of 222.96 feet to a corner on the common line of said 49.899 acre tract and said Phase II of The Mansions by the Lake;THENCE in a westerly direction, continuing along the center of Denton Creek and along the common line of said 49.899 acre tract and said Phase II of The Mansionsby the Lake, the following:North 69°25'44" West, a distance of 214.00 feet to a corner;North 85°05'44" West, a distance of 301.00 feet to a corner;North 59°06'39" West, a distance of 190.81 feet to the northwest corner of said 49.899 acre tract and said Phase II of The Mansions by the Lake, same being thenortheast corner of a tract of land, conveyed to John Egleston, et al, as evidenced in a Correction Special Warranty Deed, recorded in Volume 2005031, Page8619, D.R.D.C.T.;THENCE North 58°54'53" West, continuing along the center of Denton Creek and along the north line of said John Egleston, et al, tract, a distance of 321.50 feet to acorner on the southeast line of a called 0.8610 acre tract, conveyed to the State of Texas as evidenced in aforesaid Agreed Judgment, recorded in Instrument No.97-R0089415, same being on the southeast right of way line of State Highway No. 121 (a variable width right of way);THENCE North 48°11'27" East, along the southeast line of said 0.8610 acre tract and the southeast right of way line of said State Highway No. 121, a distance of197.30 feet to a 5/8-inch "KHA" capped iron rod set for a corner;THENCE North 44°23'06" East, continuing along the southeast line of said 0.8610 acre tract and the southeast right of way line of said State Highway No. 121, adistance of 129.60 feet to a 5/8-inch "KHA" capped iron rod set for the northeast corner of said 0.8610 acre tract, same being on the southerly, north line of aforesaidTract 1, as conveyed to Hawkeye Realty Schreiber, L.P, same also being on the south line of the remaining portion of a called 1.47 acre tract of land, conveyed to GiaG. Rish McLean, as evidenced in an Affidavit of Heir ship of Denton Glenroy Rish, recorded in Volume 96067, Page 5566, D.R.D.C.T.;THENCE South 89°00'01" East, departing the southeast right of way line of said State Highway No. 121, along the south line of said 1.47 acre tract, along said northline of Tract 1, and along a barbed wire fence, a distance of 113.82 feet to a 1/2-inch iron rod found for the southeast corner of said 1.47 acre tract, same being aninner ell corner of said Tract 1;THENCE North 00°34'18" West, along the east line of said 1.47 acre tract and along a west line of said Tract 1, a distance of 117.07 feet to an aluminum right of waymonument found for the southwest corner of a called 2.743 acre tract of land, conveyed to the State of Texas as evidenced in aforesaid Agreed Judgment, recorded inInstrument No. 97-R0089415, same being the southeast right of way line of aforesaid State Highway No. 121;THENCE in a northeasterly direction, departing the west line of said Tract 1, along the southeast line of said 2.743 acre tract, the southeast line of aforesaid 10.393acre tract, continuing along the southeast right of way line of said State Highway No. 121 and the south right of way line of aforesaid State Highway No. 121 Bypass,the following:North 44°23'08" East, a distance of 520.24 feet to an aluminum right of way monument found for a corner;North 55°02'58" East, a distance of 88.21 feet to an aluminum right of way monument found for a corner;North 51°38'24" East, a distance of 266.32 feet to an aluminum right of way monument found for a corner;North 55°43'59" East, a distance of 180.42 feet to an aluminum right of way monument found for a corner;North 63°13'12" East, a distance of 273.24 feet to a corner, from said corner, a found aluminum right of way monument bears North 80°16' East, 4.95 feet;North 73°02'34" East, a distance of 183.04 feet to a 5/8-inch "KHA" capped iron rod set for a corner;North 84°18'00" East, a distance of 365.42 feet to a 1/2-inch iron rod found for a corner;South 80°35'07" East, a distance of 74.49 feet to a 5/8-inch “J. E. Smith” capped iron rod found for the southwest corner of a called 5.086 acre tract of land,conveyed to the State of Texas, as evidenced in a Deed, recorded in Volume 95142, Page 2590 of the Deed Records of Dallas County, Texas and the easterly,southeast corner of a called 10.393 acre tract of land, conveyed to the State of Texas, as evidenced in the Agreed Judgment, recorded in Instrument No.97-R0089415 of the Official Records of Denton County, Texas (O.R.D.C.T.)South 80°38'53” East, a distance of 288.78 feet to a 5/8-inch “KHA” capped iron rod set for a corner;South 76°50'10” East, a distance of 447.90 feet to a 5/8-inch “KHA” capped iron rod set for a corner;South 64°08'46” East, a distance of 182.89 feet to an aluminum right of way monument found for a corner;South 69°26'24” East, passing at a distance of 123.44 feet, a found aluminum right of way monument, continuing for a total distance of 151.72 feet to thePOINTOF BEGINNING and containing 93.781 acres (4,085,080 square feet) of land, more or less.LEGAL DESCRIPTIONTOTAL SITE AREA:93.78 ACRESCURRENT 100YR FLOODPLAIN:47.7 ACRESPROPOSED 100YR FLOODPLAIN:26.5 ACRESTOTAL GROSS COMMON AREA:40.36 ACRESTOTAL NET COMMON AREA:37.11 ACRESTOTAL DENTON CREEK LAKE PARK:27.5 ACRES (68% OF GROSS, 74% OF NET)EXISTING ZONING - HIGHWAY COMMERCIALPROPOSED USE - PDPROPOSED NUMBER OF LOTS:RBN-3: 50RBN-4: 47RBN-5: 200FOR ALL AREA, HEIGHT, SQUARE FOOTAGE, PARKING AND COVERAGE SEEWESTHAVEN DESIGN REQUIREMENTS WHICH ACCOMPANY THIS SITE PLAN.SITE DATA TABLEZONING CASE #PD-255-SFSheet 1 of 6STREET NAME CHANGELEGENDPHASE LINE1. THE CENTERLINE INTERSECTION FOR TERRACE STREET/BANBURY ROAD ANDCANTERBURY COURT MAY BE LESS THAN 90 DEGREES.2. ON-STREET PARKING PAVING AND RIGHT-OF-WAY SECTION SHALL BE 28' B-BTRAVEL SECTION AND 8' PARALLEL PARKING SPACES WITHIN 58' RIGHT-OF-WAY.3. DIVIDED ENTRY ROAD WITH 25' B-B PAVED SECTION INBOUND AND 18' B-B PAVEDSECTION OUTBOUND IS ALLOWED.4. STREET CENTERLINE RADIUS MAY BE LESS THAN 200 FEETON EVERGREEN DRIVEAT WINGATE ROAD, ON JOHNS AVENUE AT WINGATE ROAD AND ON HUNTINGDON.5. STREET CENTERLINE OFFSETS LESS THAN 125 FEET ARE ALLOWED AT THEINTERSECTION OF BANBURY ROAD AND SPRINGLAKE WAY WITH TERRACE STREETAND THE INTERSECTION OF HUNTINGDON STREET AND JOHNS AVENUE WITHEVERGREEN DRIVE.6. STREET INTERSECTION CURB RETURN RADIUS SHALL BE 20 FEET.7. SIDEWALKS ARE NOT REQUIRED WITHIN THE STREET RIGHT-OF-WAY IN LOT 8X,BLOCK D; LOT 11X, BLOCK G, LOT 1X, BLOCK K AND LOT 2X, BLOCK H OR ALONGS.H. 121 FRONTAGE ROAD.8. ALL SIDEWALKS WITHIN STREET RIGHT-OF-WAY SHALL BE 5 FEET WIDE.9. CONSTRUCTION OF SANITARY SEWER LINES USING A 250 FOOT RADIUS WILL BECONSIDERED ON A CASE BY CASE BASIS DURING FINAL DESIGN.10. EXISTING OVERHEAD POWER LINE LOCATED ALONG THE PERIMETER OF THEPROJECT WILL REMAIN IN PLACE. NO NEW OVERHEAD POWER LINES WILL BEALLOWED AS PART OF THIS DEVELOPMENT.11. RBN-5 LOTS WILL BE FRONT ENTRY.REQUESTED VARIANCES TO CHAPTER 13 SUBDIVISIONORDINANCE OF THE CODE OF ORDINANCES1. ALL OPEN SPACE LOTS (LOTS _X) WITHIN THE DEVELOPMENT ARE TO BE OWNED AND MAINTAINED BY THEWESTHAVEN HOA.2. ON STREET PARALLEL PARKING SHALL BE MAINTAINED BY THE WESTHAVEN HOA.3. LANDSCAPE AND HARDSCAPE ELEMENTS SHOWN ON THE LANDSCAPE PLAN WILL BE INSTALLED PRIOR TO THE FIRSTCERTIFICATE OF OCCUPANCY BEING ISSUED FOR A NON-MODEL HOME WITHIN THAT PHASE OF DEVELOPMENT.4. CANTERBURY COURT TO BE ONE-WAY AT NORTHERN LOOP.5. FOR BLOCKS WITHIN THE RBN-5 ZONE WITH FIVE (5) OR MORE HOUSES FRONTING THE SAME STREET, A MINIMUM OF20% AND A MAXIMUM OF 50% OF THE HOUSES SHALL UTILIZE A 20 FOOT BUILDING LINE.6. BRIDGE STREET WILL ALLOW PARKING ON THE WEST AND SOUTH SIDES ADJACENT TO THE CURB. ON THE NORTHAND EAST SIDES, PARKING WILL ONLY BE ALLOWED WHERE PARALLEL PARKING SPACES ARE PROVIDED.7. A 5 FOOT AVERAGE HEIGHT METAL OR WROUGHT IRON FENCE WILL BE INSTALLED WHEN LOTS BACK TO THEDENTON CREEK LAKE PARK AND WESTHAVEN CREEK PARK.8. ALL RBN-5 LOTS SHALL HAVE A 22 FOOT SETBACK TO THE FACE OF THE GARAGE.9. THE WESTHAVEN HOA SHALL MAINTAIN THE SCREENING WALL ALONG STATE HIGHWAY 121 AND SHALL HAVE THERIGHT TO ENTER LOTS 1-11 BLOCK J TO ENSURE THE EARTHEN BERM SUPPORTING THE SCREENING WALL ISADEQUETELY MAINTAINED.10. THE REAR OF THE HOUSES SITUATED ON LOTS 1-6 BLOCK K, LOTS 1-3 BLOCK H AND LOTS 5 AND 6 BLOCK G SHALL BE100% MASONRY EXCLUSIVE OF PORCHES, DOORS, WINDOWS AND AREA ABOVE THE TOP PLATE LINE.11. THE STREET FACING SIDE OF THE HOMES ON LOT 1 BLOCK H AND LOT 5 BLOCK G SHALL BE 100% MASONRYEXCLUSIVE OF PORCHES, DOORS, WINDOWS AND AREA ABOVE THE TOP PLATE LINE.GENERAL NOTES
STATE HIGHWAY 121(VARIABLE WIDTH R.O.
W.)
CALLED 10.393 ACRES
STATE OF TEXAS
INST. NO. 97-R0089415
O.R.D.C.T.
VOL. 98030, PG. 4098
D.R.D.C.T.
CALLED 2.743 ACRES
STATE OF TEXAS
INST. NO. 97-R0089415
O.R.D.C.T.
VOL. 98030, PG. 4098
D.R.D.C.T.PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS COUNTY)ABSTRACT NO. 604 (DENTON COUNTY)PETER HARMONSON SURVEY, ABSTRACT NO. 1795 (DALLAS COUNTY)ABSTRACT NO. 530 (DENTON COUNTY)DRAINAGE EASEMENT
VOL. 98030, PG. 4098
D.R.D.C.T. & CC. NO. 97-R0089415
O.R.D.C.T.
DENTON COUNTY
DALLAS COUNTY
SERVICE
R
O
A
D
(VARIABLE
WI
DT
H
R.
O.
W.)
OHP
O
H
POHPOHPOHP OHPOHP
OHP
OHP
OHP
OHP
OHP
OHP
OHP
OHP
OHP
OHP
PLOTTED BYPITTS, JEREMY 6/18/2012 3:54 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan]LAST SAVED5/30/2012 2:55 PMDEVELOPER:
Kimley-Horn and Associates
5750 Genesis Ct. Suite 200
Frisco, TX 75034
Tel: (972) 335-3580
Contact: Mark Harris, P.E.
ENGINEER/PLANNER:
DESIGNED
JDP
DRAWN
JDP
CHECKED
MEH
SCALE
AS SHOWN
DATE
APRIL 2012
KHA PROJECT NO.
64447701
OWNERS:
Contrast Development
300 E. John Carpenter Frwy, Suite 940
Irving, TX 75062
Tel: (972) 793-7685
Contact: Terry Mitchell, P.E.
Howsley, et al c/o William
Howsley
Hawkeye Realty Schreiber,
L.P. et al c/o Robert B.
Payne, Jr.
VICINITY MAP
NOT TO SCALE
00 60'120'
GRAPHIC SCALE 60'
SITE
MATCHLINE SEE SHEET S-4 MATCHLINE SEE SHEET S-3VISIBILITY TRIANGLE DETAIL
NTS
1. ALL STREET CENTERLINE RADII TO BE A MINIMUM OF
200 FEET UNLESS OTHERWISE NOTED ON
REQUESTED VARIANCES.
2. ALLEY TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 15 FEET.
3. STREET TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 20 FEET.
4. ALLEY INSIDE RIGHT-OF-WAY RADII ARE TO BE A
MINIMUM OF 40 FEET.
5. LOTS LESS THAN 50 FEET WIDE SHALL HAVE A 5
FOOT PRIVATE DRAINAGE MAINTENANCE AND
ACCESS EASEMENT ON THE "NON-ZERO" SIDE OF
THE LOT.
6. SEE LANDSCAPE PLANS FOR SCREENING WALL
LOCATIONS.
7. REFER TO CITY DETAILS FOR STANDARD PAVEMENT
SECTIONS.
GENERAL NOTES
PROPERTY LINE
WALL MAINTENANCE EASEMENT
FENCE MAINTENANCE EASEMENT
DENOTES "ZERO" SIDE OF LOT
EXISTING OVERHEAD POWER LINE
EXISTING WATER LINE
EXISTING SANITARY SEWER LINE
EXISTING STORM DRAIN LINE
EXISTING POWER POLE
EXISTING FIRE HYDRANT
EXISTING WATER METER
EXISTING SANITARY SEWER MANHOLE
EXISTING CONTOUR
LEGEND
S-2
ZONING CASE #PD-255-SF
Sheet 2 of 6
TOTAL SITE AREA:93.78 ACRES
CURRENT 100YR FLOODPLAIN:47.7 ACRES
PROPOSED 100YR FLOODPLAIN:26.5 ACRES
TOTAL GROSS COMMON AREA:40.36 ACRES
TOTAL NET COMMON AREA:37.11 ACRES
TOTAL DENTON CREEK LAKE PARK:27.5 ACRES (68% OF GROSS, 74% OF NET)
EXISTING ZONING - HIGHWAY COMMERCIAL
PROPOSED USE - PD
PROPOSED NUMBER OF LOTS:
RBN-3: 50
RBN-4: 47
RBN-5: 200
FOR ALL AREA, HEIGHT, SQUARE FOOTAGE, PARKING AND COVERAGE SEE
WESTHAVEN DESIGN REQUIREMENTS WHICH ACCOMPANY THIS SITE PLAN.
SITE DATA TABLE
RESIDENTIAL ALLEY SECTION
NTSNTS
TYPICAL 50' ROW SECTIONTYPICAL 58' ROW SECTION
NTS
CALLED 5.086 ACRES
STATE OF TEXAS
VOLUME 95142, PAGE 2590
D.R.D.C.T.
PARTS ONE AND TWO
STATE OF TEXAS
VOLUME 95178, PAGE 2292
D.R.D.C.T.
STATE
H
I
G
H
W
A
Y
1
2
1
B
Y
P
A
S
S
(VARIA
B
L
E
W
I
D
T
H
R
.
O
.
W
.
)PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS COUNTY)ABSTRACT NO. 604 (DENTON COUNTY)DRAINAGE EASEMENT
VOL. 95142, PG. 2598, D.R.D.C.T. &
CC. NO. 95-R0045330 O.R.D.C.T.
30' ROAD EASEMENT
VOL. 817, PG. 335, VOL. 817, PG. 338,
INST. NO. 201100177765 & INST. NO.
201100177766
(TO BE ABANDONED BY SEPARATE
INSTRUMENT)
DENTON COUNTY
DALLAS COUNTY
SERVI
C
E
R
O
A
D
(VARI
A
B
L
E
W
I
D
T
H
R
.
O
.
W
.
)
FIRST TRACT
CALLED 40 ACRES
FRWM, INC.
VOLUME 97122, PAGE 5266
D.R.D.C.T.
ZONED - RETAIL
EXISTING LAND USE - VACANT
PROPOSED LAND USE - URBAN
RESIDENTIAL & FLOODPLAIN
OHP
OHP
OHP
OHP
OHP
OHP
OHP
OHP
OH
P
089415
OHP
PLOTTED BYPITTS, JEREMY 6/18/2012 3:53 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan (2)]LAST SAVED5/30/2012 2:55 PMDEVELOPER:
Kimley-Horn and Associates
5750 Genesis Ct. Suite 200
Frisco, TX 75034
Tel: (972) 335-3580
Contact: Mark Harris, P.E.
ENGINEER/PLANNER:
DESIGNED
JDP
DRAWN
JDP
CHECKED
MEH
SCALE
AS SHOWN
DATE
APRIL 2012
KHA PROJECT NO.
64447701
OWNERS:
Contrast Development
300 E. John Carpenter Frwy, Suite 940
Irving, TX 75062
Tel: (972) 793-7685
Contact: Terry Mitchell, P.E.
Howsley, et al c/o William
Howsley
Hawkeye Realty Schreiber,
L.P. et al c/o Robert B.
Payne, Jr.
00 60'120'
GRAPHIC SCALE 60'VICINITY MAP
NOT TO SCALE
SITE
MATCHLINE SEE SHEET S-5MATCHLINE SEE SHEET S-2VISIBILITY TRIANGLE DETAIL
NTS
1. ALL STREET CENTERLINE RADII TO BE A MINIMUM OF
200 FEET UNLESS OTHERWISE NOTED ON
REQUESTED VARIANCES.
2. ALLEY TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 15 FEET.
3. STREET TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 20 FEET.
4. ALLEY INSIDE RIGHT-OF-WAY RADII ARE TO BE A
MINIMUM OF 40 FEET.
5. LOTS LESS THAN 50 FEET WIDE SHALL HAVE A 5
FOOT PRIVATE DRAINAGE MAINTENANCE AND
ACCESS EASEMENT ON THE "NON-ZERO" SIDE OF
THE LOT.
6. SEE LANDSCAPE PLANS FOR SCREENING WALL
LOCATIONS.
7. REFER TO CITY DETAILS FOR STANDARD PAVEMENT
SECTIONS.
GENERAL NOTES
PROPERTY LINE
WALL MAINTENANCE EASEMENT
FENCE MAINTENANCE EASEMENT
DENOTES "ZERO" SIDE OF LOT
EXISTING OVERHEAD POWER LINE
EXISTING WATER LINE
EXISTING SANITARY SEWER LINE
EXISTING STORM DRAIN LINE
EXISTING POWER POLE
EXISTING FIRE HYDRANT
EXISTING WATER METER
EXISTING SANITARY SEWER MANHOLE
EXISTING CONTOUR
LEGEND
S-3
ZONING CASE #PD-255-SF
Sheet 3 of 6
TOTAL SITE AREA:93.78 ACRES
CURRENT 100YR FLOODPLAIN:47.7 ACRES
PROPOSED 100YR FLOODPLAIN:26.5 ACRES
TOTAL GROSS COMMON AREA:40.36 ACRES
TOTAL NET COMMON AREA:37.11 ACRES
TOTAL DENTON CREEK LAKE PARK:27.5 ACRES (68% OF GROSS, 74% OF NET)
EXISTING ZONING - HIGHWAY COMMERCIAL
PROPOSED USE - PD
PROPOSED NUMBER OF LOTS:
RBN-3: 50
RBN-4: 47
RBN-5: 200
FOR ALL AREA, HEIGHT, SQUARE FOOTAGE, PARKING AND COVERAGE SEE
WESTHAVEN DESIGN REQUIREMENTS WHICH ACCOMPANY THIS SITE PLAN.
SITE DATA TABLE
RESIDENTIAL ALLEY SECTION
NTSNTS
TYPICAL 50' ROW SECTIONTYPICAL 58' ROW SECTION
NTS
PHASE II
THE MANSIONS BY THE LAKE
VOLUME 99215, PAGE 484
D.R.D.C.T.
ZONED PD-FP & MF-2
LAND USE - FLOODPLAIN, AMENITY &
MULTIFAMILY
TO JOHN EGELSTON, ET AL
VOLUME 2005031, PAGE 8619
O.P.R.D.C.T.
ZONED RETAIL
LAND USE - VACANT & FLOODPLAIN
CALLED 0.8610 ACRE
STATE OF TEXAS
INST. NO. 97-R0089415
O.R.D.C.T.
VOL. 98030, PG. 4098
D.R.D.C.T.
REMAINDER OF A
CALLED 1.47 ACRES
GIA G. RISH McLEAN
VOL. 96067, PG. 5566
D.R.D.C.T.
LOT 7, BLOCK 1
ASBURY ESTATES
VOLUME 99234, PAGE 47
D.R.D.C.T.
(OWNER: CITY OF COPPELL)
ZONED - PD-FP
LAND USE - VACANT, CITY PARK &
FLOODPLAIN
BUFFALO BAYOU, BRAZOS
AND COLORADO RAILROAD
COMPANY SURVEY, ABSTRACT NO. 1772
PETER HARMONSON SURVEY,
ABSTRACT NO. 1794 (DALLAS COUNTY)
ABSTRACT NO. 604 (DENTON COUNTY)
EXISTING
POND
60' WIDE EASEMENT TO BRAZOS
ELECTRIC POWER COOPERATIVE, INC.
VOL. 91077, Pg. 2012, D.R.D.C.T.
VOL. 2973, PG. 0224, O.R.D.C.T.
OHP OHP OHP OHP OHP
OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPO
H
POHP
PLOTTED BYPITTS, JEREMY 6/18/2012 3:52 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan (3)]LAST SAVED5/30/2012 2:55 PMDEVELOPER:
Kimley-Horn and Associates
5750 Genesis Ct. Suite 200
Frisco, TX 75034
Tel: (972) 335-3580
Contact: Mark Harris, P.E.
ENGINEER/PLANNER:
DESIGNED
JDP
DRAWN
JDP
CHECKED
MEH
SCALE
AS SHOWN
DATE
APRIL 2012
KHA PROJECT NO.
64447701
OWNERS:
Contrast Development
300 E. John Carpenter Frwy, Suite 940
Irving, TX 75062
Tel: (972) 793-7685
Contact: Terry Mitchell, P.E.
Howsley, et al c/o William
Howsley
Hawkeye Realty Schreiber,
L.P. et al c/o Robert B.
Payne, Jr.
00 60'120'
GRAPHIC SCALE 60'
VICINITY MAP
NOT TO SCALE
SITE
MATCHLINE SEE SHEET S-2
MATCHLINE SEE SHEET S-5VISIBILITY TRIANGLE DETAIL
NTS
1. ALL STREET CENTERLINE RADII TO BE A MINIMUM OF
200 FEET UNLESS OTHERWISE NOTED ON
REQUESTED VARIANCES.
2. ALLEY TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 15 FEET.
3. STREET TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 20 FEET.
4. ALLEY INSIDE RIGHT-OF-WAY RADII ARE TO BE A
MINIMUM OF 40 FEET.
5. LOTS LESS THAN 50 FEET WIDE SHALL HAVE A 5
FOOT PRIVATE DRAINAGE MAINTENANCE AND
ACCESS EASEMENT ON THE "NON-ZERO" SIDE OF
THE LOT.
6. SEE LANDSCAPE PLANS FOR SCREENING WALL
LOCATIONS.
7. REFER TO CITY DETAILS FOR STANDARD PAVEMENT
SECTIONS.
GENERAL NOTES
PROPERTY LINE
WALL MAINTENANCE EASEMENT
FENCE MAINTENANCE EASEMENT
DENOTES "ZERO" SIDE OF LOT
EXISTING OVERHEAD POWER LINE
EXISTING WATER LINE
EXISTING SANITARY SEWER LINE
EXISTING STORM DRAIN LINE
EXISTING POWER POLE
EXISTING FIRE HYDRANT
EXISTING WATER METER
EXISTING SANITARY SEWER MANHOLE
EXISTING CONTOUR
LEGEND
S-4
ZONING CASE #PD-255-SF
Sheet 4 of 6
TOTAL SITE AREA:93.78 ACRES
CURRENT 100YR FLOODPLAIN:47.7 ACRES
PROPOSED 100YR FLOODPLAIN:26.5 ACRES
TOTAL GROSS COMMON AREA:40.36 ACRES
TOTAL NET COMMON AREA:37.11 ACRES
TOTAL DENTON CREEK LAKE PARK:27.5 ACRES (68% OF GROSS, 74% OF NET)
EXISTING ZONING - HIGHWAY COMMERCIAL
PROPOSED USE - PD
PROPOSED NUMBER OF LOTS:
RBN-3: 50
RBN-4: 47
RBN-5: 200
FOR ALL AREA, HEIGHT, SQUARE FOOTAGE, PARKING AND COVERAGE SEE
WESTHAVEN DESIGN REQUIREMENTS WHICH ACCOMPANY THIS SITE PLAN.
SITE DATA TABLE
RESIDENTIAL ALLEY SECTION
NTSNTS
TYPICAL 50' ROW SECTIONTYPICAL 58' ROW SECTION
NTS
20' UTILITY EASEMENT
VOL. 79074, PG. 170
D.R.D.C.T.
FIRST TRACT
CALLED 40 ACRES
FRWM, INC.
VOLUME 97122, PAGE 5266
D.R.D.C.T.
ZONED - RETAIL
EXISTING LAND USE - VACANT
PROPOSED LAND USE - URBAN
RESIDENTIAL & FLOODPLAIN
PORTION OF 15.0 ACRE TRACT, VOL.
817, PG. 335 SITUATED IN VILLAGE AT
COTTONWOOD CREEK SECTION VI
ZONED SF-7
EXISTING LAND USE - VACANT
PROPOSED LAND USE - FLOODPLAIN
PORTION OF 15.0 ACRE TRACT
VOL. 817, PG. 335
NOT INCLUDED IN VOL. 501, PG. 57
PORTION OF 15.0 ACRE TRACT, INST.
NO. 201000213054 SITUATED IN VILLAGE
AT COTTONWOOD CREEK SECTION VI BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD COMPANY SURVEY,ABSTRACT NO. 1772CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327 (DALLAS COUNTY)ABSTRACT NO. 1682 (DENTON COUNTY)PLOTTED BYPITTS, JEREMY 6/18/2012 3:51 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan (4)]LAST SAVED5/30/2012 2:55 PMDEVELOPER:
Kimley-Horn and Associates
5750 Genesis Ct. Suite 200
Frisco, TX 75034
Tel: (972) 335-3580
Contact: Mark Harris, P.E.
ENGINEER/PLANNER:
DESIGNED
JDP
DRAWN
JDP
CHECKED
MEH
SCALE
AS SHOWN
DATE
APRIL 2012
KHA PROJECT NO.
64447701
OWNERS:
Contrast Development
300 E. John Carpenter Frwy, Suite 940
Irving, TX 75062
Tel: (972) 793-7685
Contact: Terry Mitchell, P.E.
Howsley, et al c/o William
Howsley
Hawkeye Realty Schreiber,
L.P. et al c/o Robert B.
Payne, Jr.
00 60'120'
GRAPHIC SCALE 60'
VICINITY MAP
NOT TO SCALE
SITE
MATCHLINE SEE SHEET S-3
MATCHLINE SEE SHEET S-4S-5
VISIBILITY TRIANGLE DETAIL
NTS
1. ALL STREET CENTERLINE RADII TO BE A MINIMUM OF
200 FEET UNLESS OTHERWISE NOTED ON
REQUESTED VARIANCES.
2. ALLEY TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 15 FEET.
3. STREET TO STREET INTERSECTION CURB RETURN
RADII ARE TO BE 20 FEET.
4. ALLEY INSIDE RIGHT-OF-WAY RADII ARE TO BE A
MINIMUM OF 40 FEET.
5. LOTS LESS THAN 50 FEET WIDE SHALL HAVE A 5
FOOT PRIVATE DRAINAGE MAINTENANCE AND
ACCESS EASEMENT ON THE "NON-ZERO" SIDE OF
THE LOT.
6. SEE LANDSCAPE PLANS FOR SCREENING WALL
LOCATIONS.
7. REFER TO CITY DETAILS FOR STANDARD PAVEMENT
SECTIONS.
GENERAL NOTES
PROPERTY LINE
WALL MAINTENANCE EASEMENT
FENCE MAINTENANCE EASEMENT
DENOTES "ZERO" SIDE OF LOT
EXISTING OVERHEAD POWER LINE
EXISTING WATER LINE
EXISTING SANITARY SEWER LINE
EXISTING STORM DRAIN LINE
EXISTING POWER POLE
EXISTING FIRE HYDRANT
EXISTING WATER METER
EXISTING SANITARY SEWER MANHOLE
EXISTING CONTOUR
LEGEND
ZONING CASE #PD-255-SF
Sheet 5 of 6
TOTAL SITE AREA:93.78 ACRES
CURRENT 100YR FLOODPLAIN:47.7 ACRES
PROPOSED 100YR FLOODPLAIN:26.5 ACRES
TOTAL GROSS COMMON AREA:40.36 ACRES
TOTAL NET COMMON AREA:37.11 ACRES
TOTAL DENTON CREEK LAKE PARK:27.5 ACRES (68% OF GROSS, 74% OF NET)
EXISTING ZONING - HIGHWAY COMMERCIAL
PROPOSED USE - PD
PROPOSED NUMBER OF LOTS:
RBN-3: 50
RBN-4: 47
RBN-5: 200
FOR ALL AREA, HEIGHT, SQUARE FOOTAGE, PARKING AND COVERAGE SEE
WESTHAVEN DESIGN REQUIREMENTS WHICH ACCOMPANY THIS SITE PLAN.
SITE DATA TABLE
RESIDENTIAL ALLEY SECTION
NTS
NTS
TYPICAL 50' ROW SECTION
TYPICAL 58' ROW SECTION
NTS
PHASE IPHASE IIPARTS ONE AND TWOSTATE OF TEXASVOLUME 95178, PAGE 2292D.R.D.C.T.FIRST TRACTCALLED 40 ACRESFRWM, INC.VOLUME 97122, PAGE 5266D.R.D.C.T.STATE HIGHWAY 121 BYPASS(VARIABLE WIDTH R.O.W.)RE
5 NOT
PG. 57
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)PHASE IITHE MANSIONS BY THE LAKEVOLUME 99215, PAGE 484D.R.D.C.T.TO JOHN EGELSTON, ET ALVOLUME 2005031, PAGE 8619O.P.R.D.C.T.CALLED 10.393 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.CALLED 0.8610 ACRESTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.CALLED 2.743 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.REMAINDER OF ACALLED 1.47 ACRESGIA G. RISH McLEANVOL. 96067, PG. 5566D.R.D.C.T.LOT 7, BLOCK 1ASBURY ESTATESVOLUME 99234, PAGE 47D.R.D.C.T.(OWNER: CITY OF COPPELL)BUFFALO BAYOU, BRAZOSAND COLORADO RAILROADCOMPANY SURVEY,ABSTRACT NO. 1772BUFFALO BAYOU, BRAZOS AND COLORADO RAILROADCOMPANY SURVEY, ABSTRACT NO. 1772THOMAS L. HOLLAND SURVEY, ABSTRACT NO. 624PETER HARMONSON SURVEY,ABSTRACT NO. 1794 (DALLAS COUNTY)ABSTRACT NO. 604 (DENTON COUNTY)BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD
COMPANY SURVEY, ABSTRACT NO. 1772
CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327 (DALLAS
COUNTY) ABSTRACT NO. 1682 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS
COUNTY) ABSTRACT NO. 604 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS
COUNTY) ABSTRACT NO. 604 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1795 (DALLAS
COUNTY) ABSTRACT NO. 530 (DENTON COUNTY)EXISTINGPONDOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPO
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DENTON COUNTYDALLAS COUNTYDENTON COUNTYDALLAS COUNTY60' WIDE EASEMENT TO BRAZOSELECTRIC POWER COOPERATIVE, INC.VOL. 91077, Pg. 2012, D.R.D.C.T.VOL. 2973, PG. 0224, O.R.D.C.T.DRAINAGE EASEMENTVOL. 95142, PG. 2598,D.R.D.C.T. & CC. NO.95-R0045330 O.R.D.C.T.30' ROAD EASEMENTVOL. 817, PG. 335, VOL.817, PG. 338, INST. NO.201100177765 & INST. NO.201100177766(TO BE ABANDONED BYSEPARATE INSTRUMENT)DRAINAGE EASEMENTVOL. 98030, PG. 4098,D.R.D.C.T. & CC. NO.97-R0089415 O.R.D.C.T.SERV
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)SERVICE ROAD(VARIABLE WIDTH R.O.W.)OHPPLOTTED BY PITTS, JEREMY 6/26/2012 12:25 PM
DWG NAME K:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-NO PARKING & TRAFFIC CALMING.DWG [Overall Layout]
LAST SAVED 5/30/2012 5:59 PM
DEVELOPER:Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034Tel: (972) 335-3580Contact: Mark Harris, P.E.ENGINEER/PLANNER:DESIGNEDJDPDRAWNJDPCHECKEDMEHSCALEAS SHOWNDATEAPRIL 2012KHA PROJECT NO.64447701OWNERS:Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062Tel: (972) 793-7685Contact: Terry Mitchell, P.E.Howsley, et al c/o WilliamHowsleyHawkeye Realty Schreiber,L.P. et al c/o Robert B.Payne, Jr.VICINITY MAPNOT TO SCALESITES-600120'240'NON-TYPICAL GRAPHIC SCALE 120'ZONING CASE #PD-255-SFSheet 6 of 6LEGEND
1
2
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5
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7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
BLOCK G
BLOCK G
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
BLOCK H
1
2
3
4
5
6
7
8
9
10
11
12
13 14 15 16 17
181920212223
24
25
1
2
3
4
5
6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1
2
3
4 20
21
OPENSPACE
BLOCK J
BLOCK J
BLOCK K
BLOCK L
OPENSPACE
OPENSPACE
OPENSPACE
OPENSPACEOPEN SPACEOPENSPACE OPEN SPACEOPEN SPACEO
P
E
N S
P
A
C
E
A
L
L
E
Y E
ALLEY F
ALLEY GBRIDGE STREET
B
RID
G
E S
T
R
E
E
T WESTHAVEN ROADWESTHAVEN ROADWESTHAVEN ROAD
CANTERBURY COURT
C
A
N
T
E
R
B
U
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Y C
O
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T
BANBURY ROADTERRACE STREETSPRINGLAKE WAYOPEN SPACEOPEN SPACEOPEN SPACEO.S. 28XO.S. 17X1X 1
X
1X 15X16XBLOCK B, LOT 1X
17X8X1X23XOPEN SPACE22X4X
11X
BLOCK H,LOT 1XOPEN SPACEBLOCK H,LOT 2XB L O C K H ,
L O T 3 X
MATCHLINE SEE SHEET T-3 MATCHLINE SEE SHEET T-24107
4137
4173
4178
4179
4187 4190
4192
4200
4211
4220
44984637
4643 3643
3806
3846
3848
3851
3884
4071
4072
4073
4074 4075
4076
4077 4078 4079
4081
4082
4083 4084408540864087
4088
4089
4090
4091
4092
40934094
4095
4096
4097
409840994100
41014102
4103 4104
4105
410841094110
4111
4112411341144115
4116
4117 4118
4119 4121
4122
4123
4124
4125
4126
4127
4128
4129
4130 4131
4132 4133
4134
4136
4138
41454147
4151
4153
41544155
415741584159
41604161
4163
4164
41654166
41704171
4174 41754176
4177
4181
41834184 4185
4186
4189
4191
4193
4194
4195
4196
41974198 4199
4201
4202
42034204
4205
4206
42074208
4209
4210
4212421342164346
4348
43494350
4351
4352
4353
4354
4355
4356
4357 4358
4359
4360
4361
4362
4499
4500
4502
4503450445054506
4507
45094510
45124513
4514
4526
4527
45284529
4530
4533
4534
4535
4536
4537
4638 4639
4640
4641
4642
4644
4645
46464647
4648
46494650465146524653
4654 4655
3637
36383640
3642
3644
3782
3783
3784
3785 3786
3787
3793
3794
3795
3796 3797
3805
3809
3811
381238133815
3818
3819
3820
38253826
3827
3828
3832
3833
3834
38353836
3837
3838
3839
3840
3841
3842
3843
3844
3845
3847
3850
3852
3853
385438553856
3857
3864
3877
3878
3880
3885
3886 3887
3888
3891
38923893
3894
3895
3897
3898
3899
3900
3901
3911
391339143915
3916
3917
3918
Legend
Healthy Trees
Declining Trees
Property Boundary
No Disturbance Area
Note: Only protected species and sizes shown.
0 30 60 90 12015
Feet
VICINITY MAPLIMITCOPPELLCORPORATE PARK
MISTY HAVEN
Andrew Bro wn
Comm unity Park
PARKW AYAndrew Bro wn
Comm unity Park
COTTON WOO D BRANCHCITY
CITY
COPPELL
HIGHLANDLEWISVILLE
A C EACE
S. H. 121S. H. 121 BUSINESSS. H. 121 BYPASS
DENTON CREEK DENTON TAP ROADSITE
VICINITY MAPNOT TO SCALE
DESIGNED DRAWN CHECKED SCALE DATE KHA PROJECT NO.
JAG JAG MEH 1" = 60'APRIL 2012 64447701
TREE SURVEY AND PRESERVATION PLAN
FOR REVIEW ONLYWESTHAVEN
ZONING: PROPOSED PD-255-SF297 RESIDENTIAL LOTS / 36 OPEN SPACESBEING 93.781 ACRESOUT OF THEPETER HARMONSON SURVEY, ABSTRACT NO. 1794(DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY)AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO. 1772CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS
DEVELOPER:
Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062 Tel: (972) 793-7685Contact: Terry Mitchell, P.E.
ENGINEERING/PLANNER:
Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034 Tel: (972) 335-3580Contact: Mark Harris, P.E.
T-1
OWNERS:
Howsley, et al c/o William Howsley
Hawkeye Realty Schreiber, L.P.
Sheet 01 of 04
He alth Pre se rv e d Re mov e dHealthy9,460.5 inc hes 21,698.6 inc hesDeclining964.0 inc hes 1,582.2 inc hesTotal10,424.5 inc hes 23,280.8 inc hes
Healthy 729 total 1886 totalDeclining63 total 108 totalTotal792 total 1994 total
Calipe r Inche s of T re e s
Numbe r of T re e s
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
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7
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111213
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BLOCK A
26
27
28
29
30
31
3233
34
35
36
37
38
39
40
41
42
43
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47
48
4950
1
2
3
4
5
6
789101112
13
14
15
16
17
18
BLOCK B
BLOCK B
BLOCK B
BLOCK C
1
9
1
3
4
5 OPENSPACEOPENSPACE
OPENSPACE
OPENSPACE
O P E N S P A C E ALLEY AALLEY BALLEY CA L L E Y D WINGATE ROADHUNTINGDON STREETE V E R G R E E N
D R IV EWINDSOR ROADIVYMOUNT ROADWESTHAVEN ROADO.S. 33X
OPEN SPACEOPEN SPACEOPEN SPACEOPEN SPACEBLOCK B, LOT 1X
1X
7X13XBLOCK B, LOT 1X
48X12XO.S. 32X
O.S. 1XO.S. 18X BLOCK BLOT 25XBLOCK DLOT 8X1XHUNTINGDON STREETMATCHLINE SEE SHEET T-4MATCHLINE SEE SHEET T-14107
4137
4173
4178
4179
4187 4190
4192
4200
3643
3709
3748
3758
3760 3763
3806
3846
3848
3851
3863
3871
3872
3884
3949
39573958
3961
4008
4016
4058
4079
4081
4082
4083 4084
40854086 40874088
4089
4090
40914092
40934094
4095
4096
4097
40984099410041014102
4103 4104
4105
4108
4109
4110
4111
41124113411441154116
4117 4118
4119 4121
4122
4123
4124
4125
4126
4127
4128
4129
4130413141324133
4134
4136
4138
4145
4147
4151
4153
41544155
4157
41584159
41604161
4163
4164
41654166
41704171
4174
41754176
4177
4181
4183
4184 4185
4186
4189
4191
4193
4194
4195
4196
41974198 4199
4201
4202
42034204
4205
4206
42074208
3600
3638 3639
3640
3644
3649
3650
3655
3658
3659
3660
36613662
3663
3664
36653666
36673668
36693670
3671
3672 3673
3674
3675
3680
3682
36843687
3689
3690
36913692
369336943695
3696
3697
3698 3699
3700
3701
3702
3703
3704
3705
3706 3707
37083710
3711
3712
3713
37143715
3716
3717
371837193720
37213722
3723
37243726
3727
3728 3729
3730
3732 3733
37343735
3736
3737
3738
3739
3740
3741
3742 3743
3744
3745 3746
3747
3749
3750
3751
3752
3753
37543755
3757
3761
3762
3764
3765
3766
3767
3768
3769
37733774
3775
3776
3777
3778
3781
3782
3783
3784
3785 3786
3787 3788
37893790 3791
3793
3794
3795
3796
3797
3798
3800
3801
3802
3803
3804
3805 3807
3808
3809 3810381138123813
3815
3818
3819
3820
3825
3826
3827
3828 3830 3831
3832
3833
3834
3835 3836
3837
3838
3839
3840
38413842
3843
3844
3845
3847
3850
3852
3853
3854
3855 3856
3857
3859
3860
3861
3862
3864
386538663868
38693870
3873
38743875
3876
3877
3878
3880
3885
3886 3887
3888
38893890
3891
38923893
3894
3895
38973898
3899
3900
3901
3902
3905
3906
3907
3908
3909
3910
3911
3913
3914
3915
39163917
3918
3921
3922
3925
3926
3931
3932 3933
3934
3935 3936
3937
3938
3939
3940
3941
3942
3945
3946
3947
3948
3950
3951 3952
3954
3955 3956
3959
3960 3962 3964
39653966
3969
3971
39723973
3974
3975
39763977 3982 3983
3984
3985
3986
3987 3988
3989
3990
39913992 3993
3994
3995
3996
3997 3998
39994000
4010
4012
4013
4015
4017
4018
40194020
4021
4023
4024
4025
4027
4028
4029
4030
4031
40324033
4034
4035
4036
4037 4038
4039
4040 4041
4042
4044
4045
4046
40474048
4049
4050
4051
40524053
4054
4055
4056
4057
4059
4060
4061
4062
4066 4067 4068
4069
4070
Legend
Healthy Trees
Declining Trees
Property Boundary
No Disturbance Area
Note: Only protected species and sizes shown.
0 30 60 90 12015
Feet
VICINITY MAPLIMITCOPPELLCORPORATE PARK
MISTY HAVEN
Andrew Bro wn
Comm unit y Park
PARKW AYAndrew Bro wn
Comm unit y Park
COTTON WOO D BRANCHCITY
CITY
COPPELL
HIGHLANDLEWISVILLE
A C EACE
S. H. 121S. H. 121 BUSINESSS. H. 121 BYPASS
DENTON CREEK DENTON TAP ROADSITE
VICINITY MAPNOT TO SCALE
DESIGNED DRAWN CHECKED SCALE DATE KHA PROJECT NO.
JAG JAG MEH 1" = 60'APRIL 2012 64447701
TREE SURVEY AND PRESERVATION PLAN
FOR REVIEW ONLYWESTHAVEN
ZONING: PROPOSED PD-255-SF297 RESIDENTIAL LOTS / 36 OPEN SPACESBEING 93.781 ACRESOUT OF THEPETER HARMONSON SURVEY, ABSTRACT NO. 1794(DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY)AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO. 1772CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS
DEVELOPER:
Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062 Tel: (972) 793-7685Contact: Terry Mitchell, P.E.
ENGINEERING/PLANNER:
Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034 Tel: (972) 335-3580Contact: Mark Harris, P.E.
T-2
OWNERS:
Howsley, et al c/o William Howsley
Hawkeye Realty Schreiber, L.P.
Sheet 02 of 04
He alth Pre se rv e d Re mov e dHealthy9,460.5 inc hes 21,698.6 inc hesDeclining964.0 inc hes 1,582.2 inc hesTotal10,424.5 inc hes 23,280.8 inc hes
Healthy 729 total 1886 totalDeclining63 total 108 totalTotal792 total 1994 total
Calipe r Inche s of T re e s
Numbe r of T re e s
PROPOSED POND &PRIVATE DRAINAGE EASEMENTOWNED AND MAINTAINED BY WESTHAVEN HOA)
PROPOSED POND &PRIVATE DRAINAGE EASEMENT(OWNED AND MAINTAINED BY WESTHAVEN HOA)
5
6
7
8
181920212223
24
9
10
11
12 1
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8
9
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11 12
13
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18
19
20
21
BLOCK M 1
2
3
4
5
6
7
8
9
10
11
12131415161718
19
20
21
BLOCK N
BLOCK N
OPENSPACE ALLEY GEVERGREEN DRIVEWESTHAVEN ROADWESTHAVEN ROAD
SPRINGLAKE WAYBLOCK B, LOT 50X
OPEN SPACEBLOCK F, LOT 1X(OWNED AND MAINTAINED BY WESTHAVEN HOA)17X8XMATCHLINE SEE SHEET T-1
MATCHLINE SEE SHEET T-44217
4220
42284229
4232
4242
4278
429042944320
4345
4390
4396
4404
44234424
4442
4480
4494
4498
4517
4521
4540
4601
4614
4622
4637
4643
4707
4741
47984799
4809
4812
4819
4826
4836
4866
4891
4898
49064908
4910
4915
4921
4923
4925
4942
4943
4946
4958
4976
1709
1747
1762
1786
1799
1825
1827
1852
4208
4209
4210
42124213
4215
4216 4218
4219
4222
4223
4224
422542264227
4230 4231
4233 4234
4236
4237 4238
4239
4240
4243
4244
4245424642474248
42494250425142524253
4254
4255
4256
42584259
42604262
4264
4265
4266
42674268
4269
4270 4271
4272
4273
4279
4280
4281 428242834285
4286
4287
428842894291
4292
4293
4296
4297
42984299
4300
43024303
4304
4305
4308
4309
4311
4313
4314
43154316
4317
4318
4321
4322
432443254326
43274328
4329
4330 4331
4332
4333
4334
4335
43364337
4338
4339
4340
4341
4342
4343
4344
4346
4347
4348
43494350
4353
4354
4355
4356
4357 4358
4359
4360
4361
4362
4364
4367
4370 43714372
4374
4375
43774378
4379 43804381
4382
4383
43844385
43864387
4388
43894392
4394 4395
4397 439843994400
4401 4402
4403
4405
4406
44074408
4409
44104412
4413
4414
44154416
4417
4418
44194420
4421
4425
4426
4427 4428
4429
4431
4432
4433
4434
4435
4436
4437
4438
4439
4440
4441
4443
4444
4445 4446 4447 4449
44504451
4452
4453
44544455
4456
4457
4458 4460
4461
4462
4464
4465
4466
4467
44794481
4482
4483
4485
44874488
4489
4490
4492
4493
4495 4496
4499
4500
4502
4503450445054506
4507
45094510
45124513
4514
4516
45184519452345244525
4526
4527
4538 4539
45414542
45434544
4545
4546
45474548
4549
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4569 4570
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4638 4639
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4650465146524653
4654 465546564657
46584659 4660
4661 4662 4663 4664
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46704671
46724673
4674 4675
4676 4677
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4682 4683
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468746884690
46914692
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4696 4697 4699
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47024703
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471047114712
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4725 47264727
47284729
473047314732
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4738 47394740
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474547464747
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4758
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4767 4769
47704771
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478547864787 4788
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47974800
48014802
48034804
4805
48064807
4808 48104813 4814
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48274828
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48524853
4854
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486048614862
4863
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4867 48684869
48704871
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4883
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4952 4953
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4968
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4973 4974
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4980 4981
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49974998
5000 1701
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17111712
1713 17141716
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1723 1724
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1735 1736
173717391740
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17661767
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17781779
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1800
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18081809
18101811
18121813
18141815
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1821 1822
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1830
1831
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1833
1834
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1840 1845
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18481849
1850
18511853
1855
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1859
1860
1861
186218631864
1865 1866
1867 1868
1869
1870
1872
1874
18761877
1878
1879
1880
18811882
1883
1884
1885 1886
18871888
1889
1890
1891
18921893
1894
1895
1897 1898
19001901
1902 1903
1904
19051906
1907
1909
1917
1918 1919
1920
Legend
Healthy Trees
Declining Trees
Property Boundary
No Disturbance Area
Note: Only protected species and sizes shown.
0 30 60 90 12015
Feet
VICINITY MAPLIMITCOPPELLCORPORATE PARK
MISTY HAVEN
Andrew Bro wn
Comm unity Park
PARKW AYAndrew Bro wn
Comm unity Park
COTTON WOO D BRANCHCITY
CITY
COPPELL
HIGHLANDLEWISVILLE
A C EACE
S. H. 121S. H. 121 BUSINESSS. H. 121 BYPASS
DENTON CREEK DENTON TAP ROADSITE
VICINITY MAPNOT TO SCALE
DESIGNED DRAWN CHECKED SCALE DATE KHA PROJECT NO.
JAG JAG MEH 1" = 60'APRIL 2012 64447701
TREE SURVEY AND PRESERVATION PLAN
FOR REVIEW ONLYWESTHAVEN
ZONING: PROPOSED PD-255-SF297 RESIDENTIAL LOTS / 36 OPEN SPACESBEING 93.781 ACRESOUT OF THEPETER HARMONSON SURVEY, ABSTRACT NO. 1794(DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY)AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO. 1772CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS
DEVELOPER:
Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062 Tel: (972) 793-7685Contact: Terry Mitchell, P.E.
ENGINEERING/PLANNER:
Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034 Tel: (972) 335-3580Contact: Mark Harris, P.E.
T-3
OWNERS:
Howsley, et al c/o William Howsley
Hawkeye Realty Schreiber, L.P.
Sheet 03 of 04
He alth Pre se rv e d Re mov e dHealthy9,460.5 inc hes 21,698.6 inc hesDeclining964.0 inc hes 1,582.2 inc hesTotal10,424.5 inc hes 23,280.8 inc hes
Healthy 729 total 1886 totalDeclining63 total 108 totalTotal792 total 1994 total
Calipe r Inche s of T re e s
Numbe r of T re e s
11
12
13
27
26
25
24
23
22
21
20
19
18
17
BLOCK A
1
2
34
6
7
8
9
BLOCK D
1
2
3
4
5
6
7
8
9
10
11
12
13
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
BLOCK E
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
BLOCK F
4
5
OPENSPACE
OPENSPACE
O P E N S P A C E
WINGATE ROADWI
N
D
S
O
R
R
O
A
D
E V E R G R E E N D R IV E
SW EARINGIN ROADEDEN STREETOPEN SPACEOPEN SPACEOPEN SPACEBLOCK B, LOT 50X 2X1X
BLOCK DLOT 3X
J
O
H
N
S
A
V
E
N
U
E
OPEN SPACEBLOCK F, LOT 1X(POSSIBLE POND)(OWNED AND MAINTAINED BY WESTHAVEN HOA)
COLUMBUSDRIVE
16
BLOCK F
5
14
15
16
APPROX. TOP OF BANK
MATCHLINE SEE SHEET T-2
MATCHLINE SEE SHEET T-34211
4217
4220
4221
4242
3561
3570 3573 3574
3581
3610 3617
3621
3643
3656
2005
2009
2014
2019
2027
2090
2096
2098
2125
21302134 2147
2160
2162
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2210
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2370
2539
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2584
2597
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2608
2659
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2780
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2891
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3005
3059
3073
3077
3082
3092
3142
3248
3262
3268
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3278
3346
3350
3351
3377
3381
3388 3395
3408
3419
3443
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3486
3863
3871
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4008
4205
4206
42074208
4209
4210 42124218
4219
4222
42234224
4234
4236
4237 4238
4239
4240 4243
4244
4245424642474248
42494250425142524253
4254
4255
4256 4257
4258425942604262
4264
4265
4266
4405
4406
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4410
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4458 4460
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44664467
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35463547 3548
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3579 35803582
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3591 3592
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3623362436253626
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3635 3636
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3638 3639
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3651 3652
3653 3654
3655
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3671
3672 3673
3674
3741
2003
20042006
2007
2008
2010
2011
2012
2013
20152016
2017
2018
2020
2023
2024
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202920302031
2032 20332034
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20422043
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2058 2060
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20722073
207420752076
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20782079
2080
2081
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2083 2084
2085208620872088
2089
2091
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2100
2101 2102
2104
2105
2106
2108
2109
2110
21112112
2113
2114
2115
21162117
2118
211921202121
2122 2123
2124
2126
2129
2131
2132
2133
2135
2137 2138
2139
2140
2141
2143
21452146
2148
21502151
2152
2153
2154
2155
2156
2157 2158
2159
21612163
2164
2165
2166
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2168
2174
2175
2176
21772178
2179
2180
2182
2183
21842185
2186 2187
21882189
2190
2191
2192
2193
2194
2195
2196
21972198
2199
2200
2201
2202
2203
2205
2207
2208
2209
22112212
2213
2214
2215 22162217
2218
2219
2220
2221
2222 2223
2224
22252226
2227
2228
2229
22302232
2233
2235
2236 2237
2238
2239
22402241
2242
2243
2244
2245 2246
2247
2248
2249
22502151
2153
2154
2155
2157
2158
2159
2160
2161
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2165
21662167
21682169
2170
2171
21722173
21742175
2176
2177
2178 2179
2180
2281
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2283 2284
2285
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22882289
2292
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22952296
2297 2299 2301
2303
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2306
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2308 2309
2310
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231223132314
23152316
2317
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2322
2323 2324
2327
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23292330
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23412342
2347
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23522353235423552356
2357
2358 2359
2360
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2372 2373
2374
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23762378
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23872388
2390 2391
23922393
2394
2395
23962397
2398
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2400
2401
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2405
24062407 2408
2409
24102411
2412
2413 2414
2415
2416 2417
2419
24202421
2422
2426
2427
2430 2431 243224332434
2435
2436
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2438 2439
2440
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2442 2443
2444
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2455 2457
2458
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2466 2468
2469 2471
247224732474
2475
2477247824792481 24822483
2484
2487
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2492
2496
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2499
2503
2504
2505
2506
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2511
2514
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25172518
2520
25212522
252325242526
2527
25292530
25312532
2533
2535
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2538
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2543 2544
254525462547
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25552556
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25622563
2564256525662567
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25722573
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257925802581
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2591 2592
2593 2594
2595
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2602
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26052606
2607
2609
2610
2611
2612
2615
26162617
2618
2619
2623
2624
262526262627
2628 2629
2632
2633 2634
2635
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2637 2638
26392640
2641
2642
2644
2646
26472648
2649
2650 2651
2652
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2654
265626572658
2661
2662
2685
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26892692
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2698 2699
2700
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27062707
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2711
2713
2714
2715
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27192721
27352736
2737
2738
27392740
2741274227452746
27472748
2749
2750
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2754
2755
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2759
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27652766
2767 2768
2769 2770
27712772
2773 2774
2775
27762777
2778
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278127822783
2784
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2788 2789
2790
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2793 2796
27982799
2800
2801
2802
2803
2804
2805 28062808
2809 2810
2812
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2814 2815
2816
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28192820
2821
2822
28232825
28262827
28282830
2832
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28342835
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2841
2842 284328442845 2846
28472848 2849
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28582859
2860
28612862
2863
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2868 2869
2870 2871
2872 2873
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2882 2883
2884
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29102911
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2916
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29202921
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29242925
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29292930 2931
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29442945
29462947 2949
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29552956
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29642965
29662967
2968
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29702971
2972
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2976 2977
2978
2979
2980 2981
29822983
2984
2985
2987
2992
2993
2994
2995
29962997
2998 2999
3000 3001
3002 3003
30043023
30243025
30263027
3028
3029
3030
3031
3032
30333034
30353037
3038
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30403041
3042
3044 3045 3046
3047
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3057 3058
30603061
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30663067
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3078 3079
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308530863087
3088
30893090
3091
3093 3094
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3100
3101
3102 3103
3106 3107
3108
3109
3110
3111
3112
3113
3114
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3116
3117
3118
3120
3021
3022
3023 3024
3025 3026
30273028 3030
30313032
3033
3034
3035
3036
3037
3038
3140
31413143
3144
3145314631473148
3149
3150
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3152
3153
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3155
3156 3157
3158
3159 31603161
3162 3163
3164 31653166
3167
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3176
3177
3178
3179
3180
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3189
3190
319131923193
3194 3195
3196 3197
31983199
3200
32013202
320332053206
3207
3208
3210
3211
32123213
32163218
32193220
3221
3222
3225
3226
3227
3228 3229
3230
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3237 3238
3239
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3250
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3253 3254
3255
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32663271
32723273
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3302
3303
3304 3305
3306
3307
3308
33093310
33113312
3313
33143315
33163317
3318 3319 3320
3321
3323 3326 3327
3328
3329
33293330
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3333
3334
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3341 3342
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33483349
3353
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33603361
33623363
3364
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33683369
3370
337133723373 3374
3376 3378
33793380
3382
3383 3384
3385
3386
3387
3390
3391
3392
3393
3394
3396
3397 3398
3399
34003401
340234043405
340734093410
341134123413
3414
3415
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3418
3421
3422
3423
34243427
3428
3429
3430
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3439 3440
3441
3442 344434453446
3447
344934513452
3453
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34613462
3463
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34773478
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3487 3488
3489 3490
3491
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3495 3496
3497
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3501
3502
3503
3504
3505
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35073509351035113512
3513
3514
3515
3516
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3518
35193520
3521
3522
3523
3524 3525
3526
3527 3528 3529
3530
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3535 3536
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3538
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3859
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386538663868
38693870
3873
38743875
3876
3938
4002
4005 4006
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Legend
Healthy Trees
Declining Trees
Property Boundary
No Disturbance Area
Note: Only protected species and sizes shown.
0 30 60 90 12015
Feet
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VICINITY MAPLIMITCOPPELLCORPORATE PARK
MISTY HAVEN
Andrew Bro wn
Comm unity Park
PARKW AYAndrew Bro wn
Comm unity Park
COTTON WOO D BRANCHCITY
CITY
COPPELL
HIGHLANDLEWISVILLE
A C EACE
S. H. 121S. H. 121 BUSINESSS. H. 121 BYPASS
DENTON CREEK DENTON TAP ROADSITE
VICINITY MAPNOT TO SCALE
DESIGNED DRAWN CHECKED SCALE DATE KHA PROJECT NO.
JAG JAG MEH 1" = 60'APRIL 2012 64447701
TREE SURVEY AND PRESERVATION PLAN
FOR REVIEW ONLYWESTHAVEN
ZONING: PROPOSED PD-255-SF297 RESIDENTIAL LOTS / 36 OPEN SPACESBEING 93.781 ACRESOUT OF THEPETER HARMONSON SURVEY, ABSTRACT NO. 1794(DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY)AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO. 1772CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS
DEVELOPER:
Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062 Tel: (972) 793-7685Contact: Terry Mitchell, P.E.
ENGINEERING/PLANNER:
Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034 Tel: (972) 335-3580Contact: Mark Harris, P.E.
T-4
OWNERS:
Howsley, et al c/o William Howsley
Hawkeye Realty Schreiber, L.P.
Sheet 04 of 04
He alth Pre se rv e d Re mov e dHealthy9,460.5 inc hes 21,698.6 inc hesDeclining964.0 inc hes 1,582.2 inc hesTotal10,424.5 inc hes 23,280.8 inc hes
Healthy 729 total 1886 totalDeclining63 total 108 totalTotal792 total 1994 total
Calipe r Inche s of T re e s
Numbe r of T re e s
ITEM # 7
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Westhaven, Preliminary Plat
P&Z HEARING DATE: June 21, 2012
C.C. HEARING DATE: July 10, 2012
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: South of S.H. 121, approximately 450 feet west of Magnolia Park
SIZE OF AREA: 93.8 acres of property
CURRENT ZONING: HC (Highway Commercial)
REQUEST: A preliminary plat to permit the development of 297 residential lots and 37
common area lots.
APPLICANT: Owners: Prospective Purchaser:
Hawkeye Realty Schreibner, L.P. Terry Mitchell
Attn: Robert B. Payne, Jr. Contrast Development L.L.C.
4809 Cole Avenue, Suite 245 L.B.136 300 E. Carpenter Frwy.
Dallas, Texas 75205 Suite 940
Irving, Texas 75062
Howsley, et. al. 214-793-7685
Attn: William Howsley terry.mitchell@contrastdevelopment.com
2528 Pelican Bay Drive
Plano, Texas 75093
HISTORY: The subject property was zoned Light Industrial in 1983, which was prior to the
establishment of the alignment of S.H. 121 (formally Spur 553 and S.H. 121
Bypass). In 2003, the designation on the Comprehensive Land Use Plan was
changed from Light Industrial/Showroom Uses to Freeway Commercial. As part of
the Council’s action, this property was also rezoned from Light Industrial to
Highway Commercial. The purpose of these revisions was to encourage the
development of more freeway-dependent uses, such as office/ retail/ hotel/
commercial which would be constructed under higher development standards
(facades of brick and stone, controlled signage, etc.) than permitted by industrial
standards (tilt-wall). The property to the east, between the subject property and
Magnolia Park retained its Retail zoning.
At the May 17th meeting, the Planning and Zoning Commission discussed the
Planned Development zoning request including the outstanding issues as
enumerated by staff and by the Commissioners. The applicant revised the
ITEM # 7
Page 2 of 2
submittal and the changes are reflected in the PD request as well as this
Preliminary Plat.
TRANSPORTATION: State Highway 121 is a Freeway (Principal Arterial) built to standard, within a
variable right-of-way.
SURROUNDING LAND USE & ZONING:
North- S.H. 121
South - The Mansions by the Lake, Village at Cottonwood Creek VI and Copperstone: PD-
160-MF-2, SF-7 and SF-9
East - Undeveloped; Retail and Magnolia Park; PD-133-SF
West - S.H. 121
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, designates this property as suitable for Urban
Residential Neighborhood, which is defined as areas to provide “for a wide variety of higher
density residential uses (typically greater than four dwelling units per acre) that serve the needs
of residents seeking alternatives to low and medium density single-family detached housing”.
DISCUSSION: The Preliminary Plat is essentially identical to the Detail Plan as submitted with
the PD-255-SF request which was thoroughly discussed in the previous agenda
item. Several of the PD conditions are also reflected on this Preliminary Plat.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Preliminary Plat for Westhaven, subject to the following
revisions:
1. Correct note #3 to state that the inbound section will be 18’ vs. 15’ b-b.
2. Define if the HOA maintained, on-street parking areas will be dedicated as right-of-way with a city
license agreement or if they will be platted as X (common area) lots.
3. Include the 5’ wall maintenance easement along the northern lots adjacent to S.H. 121 R.O.W.
4. Revise the note that states the 30’ road easement “to be abandoned by the Final Plat” to “will be
abandoned by separate instrument”, due to the fact it was established in that manner.
The following issues will need to be resolved prior approval of the Final Plat:
1. TxDOT’s approval of the location of the streets intersecting SH 121.
2. Resolution to the sanitary sewer issue.
3. Revised 100-Year Flood Plain line as a result of approval of the CLOMR.
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. Preliminary Plat
PHASE IPHASE II20' UTILITY EASEMENTVOL. 79074, PG. 170D.R.D.C.T.PARTS ONE AND TWOSTATE OF TEXASVOLUME 95178, PAGE 2292D.R.D.C.T.FIRST TRACTCALLED 40 ACRESFRWM, INC.VOLUME 97122, PAGE 5266D.R.D.C.T.FLOODWAY EASEMENTCOMMON AREAVILLAGE AT COTTONWOOD CREEKSECTION VIVOLUME 95036, PAGE 1867D.R.D.C.T.(OWNER: VILLAGE AT COTTONWOODCREEK SECTION VI HOA)STATE HIGHWAY 121 BYPASS(VARIABLE WIDTH R.O.W.)PORTION OF 15.0 ACRETRACT, VOL. 817, PG. 335SITUATED IN VILLAGE ATCOTTONWOOD CREEKSECTION VIPORTION OF 15.0 ACRE
TRACT, VOL. 817, PG. 335 NOT
INCLUDED IN VOL. 501, PG. 57PORTION OF 15.0 ACRETRACT, INST. NO.201000213054 SITUATED INVILLAGE AT COTTONWOODCREEK SECTION VIS
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)PHASE IITHE MANSIONS BY THE LAKEVOLUME 99215, PAGE 484D.R.D.C.T.TO JOHN EGELSTON, ET ALVOLUME 2005031, PAGE 8619O.P.R.D.C.T.CALLED 10.393 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.CALLED 0.8610 ACRESTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.CALLED 2.743 ACRESSTATE OF TEXASINST. NO. 97-R0089415O.R.D.C.T.VOL. 98030, PG. 4098D.R.D.C.T.REMAINDER OF ACALLED 1.47 ACRESGIA G. RISH McLEANVOL. 96067, PG. 5566D.R.D.C.T.LOT 7, BLOCK 1ASBURY ESTATESVOLUME 99234, PAGE 47D.R.D.C.T.(OWNER: CITY OF COPPELL)BUFFALO BAYOU, BRAZOSAND COLORADO RAILROADCOMPANY SURVEY,ABSTRACT NO. 1772BUFFALO BAYOU, BRAZOS AND COLORADO RAILROADCOMPANY SURVEY, ABSTRACT NO. 1772THOMAS L. HOLLAND SURVEY, ABSTRACT NO. 624PETER HARMONSON SURVEY,ABSTRACT NO. 1794 (DALLAS COUNTY)ABSTRACT NO. 604 (DENTON COUNTY)BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD
COMPANY SURVEY, ABSTRACT NO. 1772
CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327 (DALLAS
COUNTY) ABSTRACT NO. 1682 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS
COUNTY) ABSTRACT NO. 604 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS
COUNTY) ABSTRACT NO. 604 (DENTON COUNTY)
PETER HARMONSON SURVEY, ABSTRACT NO. 1795 (DALLAS
COUNTY) ABSTRACT NO. 530 (DENTON COUNTY)EXISTINGPONDEXISTINGPONDOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPO
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DENTON COUNTYDALLAS COUNTYDENTON COUNTYDALLAS COUNTY60' WIDE EASEMENT TO BRAZOSELECTRIC POWER COOPERATIVE, INC.VOL. 91077, Pg. 2012, D.R.D.C.T.VOL. 2973, PG. 0224, O.R.D.C.T.DRAINAGE EASEMENTVOL. 95142, PG. 2598,D.R.D.C.T. & CC. NO.95-R0045330 O.R.D.C.T.30' ROAD EASEMENTVOL. 817, PG. 335, VOL.817, PG. 338, INST. NO.201100177765 & INST. NO.201100177766(TO BE ABANDONED BYSEPARATE INSTRUMENT)DRAINAGE EASEMENTVOL. 98030, PG. 4098,D.R.D.C.T. & CC. NO.97-R0089415 O.R.D.C.T.SERV
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)SERVICE ROAD(VARIABLE WIDTH R.O.W.)PLOTTED BY PITTS, JEREMY 6/18/2012 3:49 PM
DWG NAME K:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-OVERALL PRELIM PLAT.DWG [Overall Layout]
LAST SAVED 6/18/2012 8:59 AM
DEVELOPER:Kimley-Horn and Associates5750 Genesis Ct. Suite 200Frisco, TX 75034Tel: (972) 335-3580Contact: Mark Harris, P.E.ENGINEER/PLANNER:DESIGNEDJDPDRAWNJDPCHECKEDMEHSCALEAS SHOWNDATEAPRIL 2012KHA PROJECT NO.64447701OWNERS:Contrast Development300 E. John Carpenter Frwy, Suite 940Irving, TX 75062Tel: (972) 793-7685Contact: Terry Mitchell, P.E.Howsley, et al c/o WilliamHowsleyHawkeye Realty Schreiber,L.P. et al c/o Robert B.Payne, Jr.VICINITY MAPNOT TO SCALESITEP-100120'240'NON-TYPICAL GRAPHIC SCALE 120'BEING a tract of land situated in the Peter Harmonson Survey, Abstract No. 1749 (Dallas County), Abstract No. 604 (Denton County) and the Buffalo Bayou, Brazosand Colorado Railroad Company Survey, Abstract No. 1772, City of Coppell, Dallas County and Denton County, Texas, and being a portion of a called 6.0 acre tract ofland, a portion of a called 8.0 acre tract of land and all of a called 15.0 acre tract of land, conveyed to conveyed to WCH Family Partnership, Ltd., as evidenced in aSpecial Warranty Deed, recorded in Instrument No. 201000213054 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), a portion of a called 8.0 acretract of land, conveyed to Mary Sue Flournoy as evidenced in a Warranty Deed, recorded in Volume 1053, Page 417of the Official Records of Denton County, Texas(O.R.D.C.T.), being all of a called 15.0 acre tract, conveyed to Mary Sue Flournoy as evidenced in a Warranty Deed, recorded in Volume 817, Page 335 of the OfficialRecords of Denton County, Texas (O.R.D.C.T.), and a portion of a called Tract 1, conveyed to Hawkeye Realty Schreiber, L.P., as evidenced in a Special WarrantyDeed, recorded in Instrument No. 20080211944 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), and being more particularly described by metesand bounds as follows:BEGINNING at a 5/8-inch “J. E. Smith” capped iron rod found for the southeast corner of those tracts of land, conveyed to the State of Texas as evidenced in a Deedrecorded in Volume 95178, Page 2292 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), same being the intersection of the south right of way line of StateHighway No. 121 Bypass (a variable width right of way) with the east line of said 8.0 acre, Mary Sue Flournoy, tract;THENCE South 00°05'20” East, departing the south right of way line of said State Highway No. 121 Bypass and along the east line of said 8.0 acre tract, passing at adistance of 461.24 feet, the southeast corner of said 8.0 acre tract and the northeast corner of said 15.0 acre, Mary Sue Flournoy , tract, a distance of 1,777.55 feet to a5/8-inch “KHA” capped iron rod set for the southeast corner of a called Second Tract, conveyed to T. J. Turner and Colon R. Kelly as evidenced in a Warranty Deedrecorded in Volume 501, Page 57, O.R.D.C.T., from said corner, the southeast corner of said 15.0 acre, Mary Sue Flournoy , tract, bears South 00°05'20" East, 238.91feet;THENCE South 89°45'36" West, departing the east line of said 15.0 acre, Mary Sue Flournoy, tract, along the south line of said Second Tract and along the extensionof the north line and the north line of Village at Cottonwood Creek Section VI, an Addition to the City of Coppell, Texas, according to the Plat thereof recorded inVolume 95036, Page 1867 of the Deed Records of Dallas County, Texas, passing at a distance of 438.77 feet to a corner on the west line of said 15.0 acre, Mary SueFlournoy, tract, same being on the east line of a called 15.0 acre tract of land, conveyed to WCH Family Partnership, Ltd., as evidenced in a Special Warranty Deed,recorded in Instrument No. 201000213054 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), continuing along the south line of said Second Tract,a total distance of 546.05 feet to a corner in the center of Denton Creek;THENCE North 52°54'49” West, along the south line of said Second Tract, the south line of said 15.0 acre, WCH Family Partnership, Ltd., tract and along the center ofsaid Denton Creek, a distance of 253.70 feet to a corner;THENCE North 34°19'49” West, continuing along the south line of said 15.0 acre, WCH Family Partnership, Ltd., tract and continuing along the center of Denton Creek,a distance of 466.38 feet to the southwest corner of said 15.0 acre, WCH Family Partnership, Ltd., tract;THENCE North 00°42'54” West, along the west line of said 15.0 acre, WCH Family Partnership, Ltd., tract, a distance of 5.37 feet to the southeast corner of aforesaidTract 1 as conveyed to Hawkeye Realty Schreiber, L.P., same being in the center of said Denton Creek;THENCE North 47°06'44" West, along the center of Denton Creek and the north line of said 49.899 acre tract, a distance of 92.77 feet to a corner on the common lineof said 49.899 acre tract and Lot 7, Block 1 of Asbury Estates, an Addition to the City of Coppell, Texas, according to the Plat thereof recorded in Volume 99234, Page47, D.R.D.C.T.;THENCE in a westerly direction, continuing along the center of Denton Creek and along the common line of said 49.899 acre tract and said Lot 7, Block 1 of AsburyEstates, the following:North 62°45'44" West, a distance of 113.00 feet to a corner;North 81°01'44" West, a distance of 122.50 feet to a corner;South 63°23'16" West, a distance of 162.00 feet to a corner;South 30°58'16" West, a distance of 193.00 feet to a corner;South 34°28'16" West, a distance of 106.00 feet to the northwest corner of said Lot 7, Block 1, same being the northeast corner of Phase II of The Mansions bythe Lake, an Addition to the City of Coppell, Texas, according to the Plat thereof recorded in Volume 99215, Page 484, D.R.D.C.T.;THENCE in a westerly direction, continuing along the center of Denton Creek and along the common line of said 49.899 acre tract and said Phase II of The Mansionsby the Lake, the following:South 69°32'16" West, a distance of 100.00 feet to a corner;South 89°11'16" West, a distance of 100.00 feet to a corner;North 68°25'44" West, a distance of 108.00 feet to a corner;THENCE North 59°40'46" West, departing the common line of said 49.899 acre tract and said Phase II of The Mansions by the Lake, and continuing along the centerof said Denton Creek, a distance of 222.96 feet to a corner on the common line of said 49.899 acre tract and said Phase II of The Mansions by the Lake;THENCE in a westerly direction, continuing along the center of Denton Creek and along the common line of said 49.899 acre tract and said Phase II of The Mansionsby the Lake, the following:North 69°25'44" West, a distance of 214.00 feet to a corner;North 85°05'44" West, a distance of 301.00 feet to a corner;North 59°06'39" West, a distance of 190.81 feet to the northwest corner of said 49.899 acre tract and said Phase II of The Mansions by the Lake, same being thenortheast corner of a tract of land, conveyed to John Egleston, et al, as evidenced in a Correction Special Warranty Deed, recorded in Volume 2005031, Page8619, D.R.D.C.T.;THENCE North 58°54'53" West, continuing along the center of Denton Creek and along the north line of said John Egleston, et al, tract, a distance of 321.50 feet to acorner on the southeast line of a called 0.8610 acre tract, conveyed to the State of Texas as evidenced in aforesaid Agreed Judgment, recorded in Instrument No.97-R0089415, same being on the southeast right of way line of State Highway No. 121 (a variable width right of way);THENCE North 48°11'27" East, along the southeast line of said 0.8610 acre tract and the southeast right of way line of said State Highway No. 121, a distance of197.30 feet to a 5/8-inch "KHA" capped iron rod set for a corner;THENCE North 44°23'06" East, continuing along the southeast line of said 0.8610 acre tract and the southeast right of way line of said State Highway No. 121, adistance of 129.60 feet to a 5/8-inch "KHA" capped iron rod set for the northeast corner of said 0.8610 acre tract, same being on the southerly, north line of aforesaidTract 1, as conveyed to Hawkeye Realty Schreiber, L.P, same also being on the south line of the remaining portion of a called 1.47 acre tract of land, conveyed to GiaG. Rish McLean, as evidenced in an Affidavit of Heir ship of Denton Glenroy Rish, recorded in Volume 96067, Page 5566, D.R.D.C.T.;THENCE South 89°00'01" East, departing the southeast right of way line of said State Highway No. 121, along the south line of said 1.47 acre tract, along said northline of Tract 1, and along a barbed wire fence, a distance of 113.82 feet to a 1/2-inch iron rod found for the southeast corner of said 1.47 acre tract, same being aninner ell corner of said Tract 1;THENCE North 00°34'18" West, along the east line of said 1.47 acre tract and along a west line of said Tract 1, a distance of 117.07 feet to an aluminum right of waymonument found for the southwest corner of a called 2.743 acre tract of land, conveyed to the State of Texas as evidenced in aforesaid Agreed Judgment, recorded inInstrument No. 97-R0089415, same being the southeast right of way line of aforesaid State Highway No. 121;THENCE in a northeasterly direction, departing the west line of said Tract 1, along the southeast line of said 2.743 acre tract, the southeast line of aforesaid 10.393acre tract, continuing along the southeast right of way line of said State Highway No. 121 and the south right of way line of aforesaid State Highway No. 121 Bypass,the following:North 44°23'08" East, a distance of 520.24 feet to an aluminum right of way monument found for a corner;North 55°02'58" East, a distance of 88.21 feet to an aluminum right of way monument found for a corner;North 51°38'24" East, a distance of 266.32 feet to an aluminum right of way monument found for a corner;North 55°43'59" East, a distance of 180.42 feet to an aluminum right of way monument found for a corner;North 63°13'12" East, a distance of 273.24 feet to a corner, from said corner, a found aluminum right of way monument bears North 80°16' East, 4.95 feet;North 73°02'34" East, a distance of 183.04 feet to a 5/8-inch "KHA" capped iron rod set for a corner;North 84°18'00" East, a distance of 365.42 feet to a 1/2-inch iron rod found for a corner;South 80°35'07" East, a distance of 74.49 feet to a 5/8-inch “J. E. Smith” capped iron rod found for the southwest corner of a called 5.086 acre tract of land,conveyed to the State of Texas, as evidenced in a Deed, recorded in Volume 95142, Page 2590 of the Deed Records of Dallas County, Texas and the easterly,southeast corner of a called 10.393 acre tract of land, conveyed to the State of Texas, as evidenced in the Agreed Judgment, recorded in Instrument No.97-R0089415 of the Official Records of Denton County, Texas (O.R.D.C.T.)South 80°38'53” East, a distance of 288.78 feet to a 5/8-inch “KHA” capped iron rod set for a corner;South 76°50'10” East, a distance of 447.90 feet to a 5/8-inch “KHA” capped iron rod set for a corner;South 64°08'46” East, a distance of 182.89 feet to an aluminum right of way monument found for a corner;South 69°26'24” East, passing at a distance of 123.44 feet, a found aluminum right of way monument, continuing for a total distance of 151.72 feet to thePOINTOF BEGINNING and containing 93.781 acres (4,085,080 square feet) of land, more or less.LEGAL DESCRIPTIONRecommended for Approval:Chairman, Planning and Zoning CommissionDateCity of Coppell, TexasApproved and Accepted:MayorDateCity of Coppell, TexasThe undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoingpreliminary plat of Westhaven Subdivision or Addition to the City of Coppell was submitted to the CityCouncil on the ____ day of ___________, 20___, and the Council, by formal action, then and thereaccepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines,as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note theacceptance thereof by signing his name as hereinabove subscribed.Witness my hand this ____ day of ___________, A.D, 20___.City SecretarySheet 1 of 1TOTAL SITE AREA:93.78 ACRESCURRENT 100YR FLOODPLAIN:47.7 ACRESPROPOSED 100YR FLOODPLAIN:26.5 ACRESTOTAL GROSS COMMON AREA:40.36 ACRESTOTAL NET COMMON AREA:37.11 ACRESTOTAL DENTON CREEK LAKE PARK:27.5 ACRES (68% OF GROSS, 74% OF NET)EXISTING ZONING - HIGHWAY COMMERCIALPROPOSED USE - PDPROPOSED NUMBER OF LOTS:RBN-3: 50RBN-4: 47RBN-5: 200FOR ALL AREA, HEIGHT, SQUARE FOOTAGE, PARKING AND COVERAGE SEEWESTHAVEN DESIGN REQUIREMENTS WHICH ACCOMPANY THIS SITE PLAN.SITE DATA TABLE1. THE CENTERLINE INTERSECTION FOR TERRACE STREET/BANBURY ROAD ANDCANTERBURY COURT MAY BE LESS THAN 90 DEGREES.2. ON-STREET PARKING PAVING AND RIGHT-OF-WAY SECTION SHALL BE 28' B-BTRAVEL SECTION AND 8' PARALLEL PARKING SPACES WITHIN 58' RIGHT-OF-WAY.3. DIVIDED ENTRY ROAD WITH 25' B-B PAVED SECTION INBOUND AND 18' B-B PAVEDSECTION OUTBOUND IS ALLOWED.4. STREET CENTERLINE RADIUS MAY BE LESS THAN 200 FEETON EVERGREEN DRIVEAT WINGATE ROAD, ON JOHNS AVENUE AT WINGATE ROAD AND ON HUNTINGDON.5. STREET CENTERLINE OFFSETS LESS THAN 125 FEET ARE ALLOWED AT THEINTERSECTION OF BANBURY ROAD AND SPRINGLAKE WAY WITH TERRACE STREETAND THE INTERSECTION OF HUNTINGDON STREET AND JOHNS AVENUE WITHEVERGREEN DRIVE.6. STREET INTERSECTION CURB RETURN RADIUS SHALL BE 20 FEET.7. SIDEWALKS ARE NOT REQUIRED WITHIN THE STREET RIGHT-OF-WAY IN LOT 8X,BLOCK D; LOT 11X, BLOCK G, LOT 1X, BLOCK K AND LOT 2X, BLOCK H OR ALONGS.H. 121 FRONTAGE ROAD.8. ALL SIDEWALKS WITHIN STREET RIGHT-OF-WAY SHALL BE 5 FEET WIDE.9. CONSTRUCTION OF SANITARY SEWER LINES USING A 250 FOOT RADIUS WILL BECONSIDERED ON A CASE BY CASE BASIS DURING FINAL DESIGN.10. EXISTING OVERHEAD POWER LINE LOCATED ALONG THE PERIMETER OF THEPROJECT WILL REMAIN IN PLACE. NO NEW OVERHEAD POWER LINES WILL BEALLOWED AS PART OF THIS DEVELOPMENT.11. RBN-5 LOTS WILL BE FRONT ENTRY.REQUESTED VARIANCES TO CHAPTER 13 SUBDIVISIONORDINANCE OF THE CODE OF ORDINANCES1. ALL OPEN SPACE LOTS (LOTS _X) WITHIN THE DEVELOPMENT ARE TO BE OWNED AND MAINTAINED BY THEWESTHAVEN HOA.2. ON STREET PARALLEL PARKING SHALL BE MAINTAINED BY THE WESTHAVEN HOA.3. LANDSCAPE AND HARDSCAPE ELEMENTS SHOWN ON THE LANDSCAPE PLAN WILL BE INSTALLED PRIOR TO THE FIRSTCERTIFICATE OF OCCUPANCY BEING ISSUED FOR A NON-MODEL HOME WITHIN THAT PHASE OF DEVELOPMENT.4. CANTERBURY COURT TO BE ONE-WAY AT NORTHERN LOOP.5. FOR BLOCKS WITHIN THE RBN-5 ZONE WITH FIVE (5) OR MORE HOUSES FRONTING THE SAME STREET, A MINIMUM OF20% AND A MAXIMUM OF 50% OF THE HOUSES SHALL UTILIZE A 20 FOOT BUILDING LINE.6. BRIDGE STREET WILL ALLOW PARKING ON THE WEST AND SOUTH SIDES ADJACENT TO THE CURB. ON THE NORTHAND EAST SIDES, PARKING WILL ONLY BE ALLOWED WHERE PARALLEL PARKING SPACES ARE PROVIDED.7. A 5 FOOT AVERAGE HEIGHT METAL OR WROUGHT IRON FENCE WILL BE INSTALLED WHEN LOTS BACK TO THEDENTON CREEK LAKE PARK AND WESTHAVEN CREEK PARK.8. ALL RBN-5 LOTS SHALL HAVE A 22 FOOT SETBACK TO THE FACE OF THE GARAGE.9. THE WESTHAVEN HOA SHALL MAINTAIN THE SCREENING WALL ALONG STATE HIGHWAY 121 AND SHALL HAVE THERIGHT TO ENTER LOTS 1-11 BLOCK J TO ENSURE THE EARTHEN BERM SUPPORTING THE SCREENING WALL ISADEQUETELY MAINTAINED.10. THE REAR OF THE HOUSES SITUATED ON LOTS 1-6 BLOCK K, LOTS 1-3 BLOCK H AND LOTS 5 AND 6 BLOCK G SHALL BE100% MASONRY EXCLUSIVE OF PORCHES, DOORS, WINDOWS AND AREA ABOVE THE TOP PLATE LINE.11. THE STREET FACING SIDE OF THE HOMES ON LOT 1 BLOCK H AND LOT 5 BLOCK G SHALL BE 100% MASONRYEXCLUSIVE OF PORCHES, DOORS, WINDOWS AND AREA ABOVE THE TOP PLATE LINE.GENERAL NOTESSTREET NAME CHANGELEGENDPHASE LINE
ITEM # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Ridgecrest Estates, Preliminary Plat
P&Z HEARING DATE: June 21, 2012
C.C. HEARING DATE: July 10, 2012
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: NEC of East Sandy Lake Road and Lodge Road
SIZE OF AREA: 6.69 acres of property
CURRENT ZONING: PD-254-SF (Planned Development-254-Single Family)
REQUEST: Preliminary Plat approval to allow 26 single-family lots and two common area
lots.
APPLICANT: Owner: Civil Engineer:
SIVAII VILLAS LTD Matt Alexander
13518 Peyton Dr. Dowdey, Anderson & Associates
Dallas, Texas 75240 5225 Village Creek Drive
214-566-8059 Plano, Texas 75093
972-931-0694
HISTORY: In June 1998, Council denied a requested rezoning from SF-12 to a PD for SF-7
to permit the development of 23 single-family homes on this tract with an average
lot size of 9,398 square feet and a net density of 3.48 dwelling units per acre. At
that time, the Comprehensive Plan designated this area as Low Density
Residential, which was defined as one to three dwelling units per acre. There was
significant neighborhood opposition to this request.
On May 12, 2012 Council approved PD-254-SF which established the lotting
pattern and special conditions for the development of 26 single -family lots and
two common area lots on this tract of land. This approval was in part based on the
Coppell 2030, A Comprehensive Master Plan, designates this property as suitable
for Urban Residential Neighborhood, which is defined as areas to provide “for a
wide variety of higher density residential uses (typically greater than four
dwelling units per acre)”. The Ordinance for PD-254-SF was passed by Council
on June 12, 2012.
ITEM # 5
Page 2 of 3
TRANSPORTATION: Sandy Lake Road is designated as a four-lane divided thoroughfare and is built to
standard within a 110-foot right-of-way.
Lodge Road is a Local Street built to standard paving width; within a substandard
right-of-way of 50 feet (60 feet is standard).
SURROUNDING LAND USE & ZONING:
North – Pecan Valley; PD-113-SF-9
South -Highland Meadows; PD-99-SF-7 and
Stringfellow Addition; SF-12
East – Rejoice Lutheran Church; SF-12
West – Carrick Addition; SF-12
Pecan Ridge Estates – PD-113-SF-9
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, designates this property as suitable
for Urban Residential Neighborhood, which is defined as areas to provide “for a
wide variety of higher density residential uses (typically greater than four
dwelling units per acre) that serve the needs of residents seeking alternatives to
low and medium density single-family detached housing”.
DISCUSSION: This is a companion request to the PD zoning that was approved to allow 26
single family lots ranging in size from 6,450 to 10,629 square feet and two
common area lots. This property could be considered a redevelopment site,
whereas there are 12 existing homes and one barn on the property. It is staff’s
understanding that the former property owner, who originally moved these
structures onto the property from various areas in the metroplex, will once again
preserve and relocate the existing structures.
There are also various easements (permanent and temporary construction
easement and drainage) which need to be abandoned. These easements were
established by the city by separate instruments and they will need to be
abandoned by a similar method. Prior to the Final Plat being filed with Dallas
County, these easements will be abandoned by council action and these
instruments will be filed for record with the plat.
All necessary easements are being depicted on this preliminary plat, including a 5
foot wide wall maintenance easement along the east property line, as well as
drainage and utility easements to serve this development.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Ridgecrest Estates, Preliminary Plat, subject to:
1. Revising the notes which state that the easements (TO BE ABANDONED BY THIS PLAT) to
(WILL BE ABANDONED BY COUNCIL ACTION).
2. During detail engineering plan review the drainage will also be further evaluated.
3. A tree removal permit will be required prior to the removal of any trees.
4. Park Development fees in the amount of $1,285 will be assessed at the time of the Final Plat.
ITEM # 5
Page 3 of 3
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Preliminary Plat
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City has interviewed members of the proposed project team, checked references from
current and past clients and reviewed plans produced for similar projects. It is our opinion
that this firm is qualified, and capable of completing this project.
Staff recommends approval of this design contract in the amount of $348,500.00 as
provided by the ¼ Cent Sales Tax for Streets Maintenance. Staff will be available to
answer any questions at the Council meeting.
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Created on: 25 June 2012 by Scott Latta
AREA OF PROPOSED
STREET RECONSTRUCTION
2/2
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the _______day of ______________, 2012, by and
between the City of Coppell acting by and through the City Manager with approval of the City
Council hereinafter referred to as "City", and J. Volk Consulting, Inc., hereinafter referred to as
"Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the Whispering Hills Drive and Mockingbird Lane
Reconstruction, hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by
reference; and
WHEREAS, this contract shall be administered on behalf of the City by its City Engineer
or his duly authorized representative. The Engineer shall fully comply with any and all instructions
from said City Engineer.
Page 2
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants
and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection
with the Project as defined herein, and for having rendered such Services the City agrees to pay to
the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be
performed under the direct supervision of the City Engineer.
1. Scope of Services,
A. Basic Services Parts I & II: The work tasks and activities to be performed and
deliverable to be provided by the Engineer shall be in accordance with Attachment
A, Scope of Services, including modifications to the Basic Services as mutually
agreed to by the City and the Engineer in accordance with the provisions of this
Contract.
B. Additional Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Additional Services shall be provided by
the Engineer. These Additional Services are not included as a part of Basic Services
and shall be paid for by the City in addition to payment for Basic Services. Should it
be determined that one or more of the requirements of this Contract conflict with the
requirements of the Scope of Services, including modifications to the Scope of
Services or any attachments to this contract; the requirement of the Contract shall
govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the major
Project tasks, the estimated consultant hours required to perform the tasks, the percentage of
the Contract budget estimated to be allocated to each task and a bar chart schedule showing
task beginning and completion dates. Significant milestones for the Project shall be
identified. At a minimum, milestones shall be provided for the three design submittals
described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary
Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based
on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall
become a part of this Contract upon approval of the Engineer and the City. The Engineer
shall provide to the City information to report and monitor the design tasks within the
Project Schedule by completing a "Design Progress Report" on a form provided by the City.
The Engineer shall complete and provide to the City said report at two week intervals.
Page 3
3. Compensation.
A. Basic Services Part I Fee (Whispering Hills Drive): The Engineer shall be paid a
fee for Basic Services Part I under this Contract pursuant to the Fee Schedule
described in Attachment A, Scope of Services. Basic Services Part I Fee shall not
exceed the lump sum of Two Hundred Twenty-Three Thousand dollars
($223,000.00) provided, however, that modifications to the Basic Services Part I, or
other conditions defined herein may necessitate a change of Fee which shall be
reduced to writing and approved by the City or its designee.
B. Basic Services Part II Fee (Mockingbird Lane): The Engineer should be paid a fee
under this Contract for Basic Services Part II pursuant to the Fee Schedule described
in Attachment A, Scope of Services. Basic Services Part II Fee shall not exceed the
lump sum of One Hundred Twenty-Five Thousand Five Hundred dollars
($125,500.00) provided, however, that modifications to the Basic Services Part II, or
other conditions defined herein may necessitate a change of Basic Fee which shall be
reduced to writing and approved by the City or its designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
Three Hundred Forty-Eight Thousand Five Hundred dollars ($348,500.00): The
lump sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I and/or Basic Services Part II on or before the twenty
fifth (25th) calendar day of the month, or the preceding business day if the twenty
fifth occurs on a weekend and/or observed holiday. Payment shall be based on the
invoices submitted to the City, provided that Services completed as indicated in the
Design Progress Reports approved by the City equals or exceeds the increment
percentage requested on the Engineer's invoices. Engineer's invoices to City shall
provide complete information and documentation to substantiate Engineer's charges
and shall be in a form to be specified by the City Engineer. Should additional
documentation be requested by the City Engineer the Engineer shall comply
promptly with such request.
E. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one payment
to the Engineer per month. City reserves the right to correct any error that may be
discovered in any invoice whether paid to the Engineer or not, and to withhold the
funds requested by the Engineer relative to the error.
Page 4
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for additional
Services shall be in the form of a Modification to the Scope of Services approved by the City
Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion of
the requesting Party, the needs and conditions of the Project warrant a modification. Upon
the receipt of a request by either Party, the Engineer and the City Engineer shall review the
conditions associated with the request and determine the necessity of a modification. When
the Parties agree that a modification is warranted, the Engineer and the City Engineer shall
negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project
Schedule resulting from the modification(s). Approval of a modification shall be in the form
of a written Modification to the Scope of Services which clearly defines the changes to the
previously approved Scope of Services, Fee and/or Project Schedule. Said written
Modification shall be approved by Engineer, authorized by the City Council, if required,
and issued by the City Engineer. Issuance of the approved Scope of Services modification
shall constitute a notice to proceed with the Project in accordance with the modified Scope of
Services. The City Engineer may issue written Modifications to the Scope of Services
without prior approval of the City Council when the modifications are to be accomplished
within the authorized Total Maximum Fee and do not materially or substantively alter the
overall scope of the Project, the Project Schedule or the Services provided by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the
Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard
copy and electronic media of the submittal documents. For any required environmental
assessment, the Engineer shall provide one set of draft and one set of final Environmental
Reports. The Environmental Reports shall be submitted as original reproducibles and on
electronic media. The electronic file may omit photographs and government prepared maps.
If photographs are included in the report they shall be taken with a 35 mm camera or larger
format camera. Color laser copies may be substituted for the original photographs in the
final report.
A transmittal letter shall be included with the Environmental Reports and shall include an
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Recommendations; and d.) Mitigation/remediation cost estimates.
7. Project Control. It is understood and agreed that all Services shall be performed under the
administrative direction of the City Engineer. No Services shall be performed under this
Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer.
In addition, the Engineer shall not proceed with any Services after the completion and
Page 5
delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or
the Final PS&E Submittal as described in the Basic Services without written instruction from
the City. The Engineer shall not be compensated for any Services performed after the said
submittals and before receipt of City's written instruction to proceed.
8. Partnering. The City shall encourage participation in a partnering process that involves the
City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or
agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue
for the duration of this Contract. By engaging in partnering, the parties do not intend to
create a legal partnership, to create additional contractual relationships, or to in any way alter
the legal relationship which otherwise exists between the City and the Engineer. The
partnering effort shall be structured to draw on the strengths of each organization to identify
and achieve reciprocal goals. The objectives of partnering are effective and efficient contract
performance and completion of the Project within budget, on schedule, in accordance with
the Scope of Services, and without litigation. Participation in partnering shall be totally
voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
performed under this Contract, the City and the Engineer shall negotiate in good faith
toward resolving such disputes. The City Engineer may present unresolved disputes arising
under the terms of this Contract to the City Manager or designee. The decision of the City
Manager or designee shall be final and binding. An irreconcilable or unresolved dispute
shall be considered a violation or breach of contract terms by the Engineer and shall be
grounds for termination. Any increased cost incurred by the City arising from such
termination shall be paid by the Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the Engineer
in the performance of this Contract.
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not
constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of their
designs, working drawings, tracings, magnetic media and/or computer disks, estimates,
specifications, investigations, studies or other documents and work; nor shall such approval
be deemed to be an assumption of such responsibility by the City for any defect, error or
omission in the design, working drawings, tracings, magnetic media and/or computer disks,
estimates specifications, investigations, studies or other documents prepared by Engineer, its
employees, subcontractors, agents and consultants. Engineer shall indemnify City for
damages resulting from such defects, errors or omissions and shall secure, pay for and
maintain in force during the term of this Contract sufficient errors and omissions insurance in
Page 6
the amount of $250,000.00 single limit, with certificates evidencing such coverage to be
provided to the City. The redesign of any defective work shall be the sole responsibility and
expense of the Engineer. Any work constructed, found to be in error because of the
Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole
responsibility and expense of the Engineer. The parties further agree that this liability
provision shall meet the requirements of the express negligence rule adopted by the Texas
Supreme Court and hereby specifically agree that this provision is conspicuous.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell,
its officers, agents and employees from any loss, damage, liability or expense, including
attorney fees, on account of damage to property and injuries, including death, to all persons,
including employees of Engineer or any associate consultant, which may arise from any
errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants
or subcontractors, in performance of this Contract, or any breach of any obligation under this
Contract. It is further understood that it is not the intention of the parties hereto to create
liability for the benefit of third parties, but that this agreement shall be solely for the benefit
of the parties hereto and shall not create or grant any rights, contractual or otherwise to any
person or entity. The parties further agree that this indemnification provision shall meet the
requirements of the express negligence rule adopted by the Texas Supreme Court and hereby
specifically agree that this provision is conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract within
the agreed Project Schedule shall constitute material breach of this Contract. The Engineer
shall be fully responsible for its delays or for failures to use diligent effort in accordance with
the terms of this Contract. Where damage is caused to the City due to the Engineer's failure
to perform in these circumstances, the City may withhold, to the extent of such damage,
Engineer's payments hereunder without waiver of any of City's additional legal rights or
remedies. The Engineer shall not be responsible for delays associated with review periods
by the City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer and
approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
Page 7
16. Quality Control. The Engineer agrees to maintain written quality control procedures. The
Engineer further agrees to follow those procedures to the extent that, in the Engineer's
judgment, the procedures are appropriate under the circumstances.
17. Ownership. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or partially
completed, shall be the property of the City to be used as City desires, without restriction;
and Engineer specifically waives and releases any proprietary rights or ownership claims
therein and is relieved of liability connected with any future use by City. Copies may be
retained by Engineer. Engineer shall be liable to City for any loss or damage to such
documents while they are in the possession of or while being worked upon by the Engineer
or anyone connected with the Engineer, including agents, employees, consultants or
subcontractors. All documents so lost or damaged while they are in the possession of or
while being worked upon by the Engineer shall be replaced or restored by Engineer without
cost to the City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of three
(3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall not
discriminate in the treatment or employment of any individual or groups of individuals on
the grounds of race, color, religion, national origin, age, sex or physical impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking to
do business with the City of Coppell, loans, services, payments, entertainment, trips, money
in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any
rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any
of its rights or remedies at law or contract.
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws,
statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or
Page 8
administrative bodies or tribunal in any matter affecting the performance of this Contract,
including without limitation, worker's compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When required,
Engineer shall furnish the City with satisfactory proof of compliance therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall
apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding information
relating to this Contract to the City Engineer.
Page 9
27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party
at the following respective addresses:
City: City of Coppell, Texas
______________________
______________________
______________________
______________________
Engineer: J. Volk Consulting, Inc.
Matt Atkins, P.E.
800 East Campbell Road, Ste. 120
Richardson, TX 75081
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL ENGINEER:J.VolkConsulting,Inc.
BY: BY:
______________________ ______________________________
Mayor Matt Atkins, P.E., Vice President
Date: __________________ Date:_________________________
ATTEST: ATTEST:
_______________________ ______________________________
(CORPORATE SEAL)
Page 10
ATTACHMENT "A" BASIC SERVICES
The Engineer agrees to render services necessary for the development and completion the
Project as outlined herein. The Basic Services to be performed by Engineer under this Contract
include the following:
PROJECT DESCRIPTION
WHISPERING HILLS DRIVE:
The project consists of providing construction documents for the reconstruction of
approximately 3,500 linear feet of Whispering Hills Drive from West Sandy Lake Road to
Magnolia Drive. The southern 2,000-feet consists of a typical 28’ back to back curbed
residential street with adjacent sidewalks. The northern 1,500 feet consists of a 38’ wide
concrete section with longitudinal ditches without curbs and adjacent sidewalks. The project
will involve the replacement of the water and sanitary sewer facilities within the existing rights-
of-way as well as adjacent sidewalks and driveways.
MOCKINGBIRD LANE:
The project consists of providing construction documents for the reconstruction of
approximately 1,900 linear feet of Mockingbird Lane from East Bethel School to Oriole Lane.
Mockingbird Lane is a typical 37’ back to back curbed residential collector street adjacent to two
schools with no houses fronting the roadway. The project will involve the replacement of the
water and sanitary sewer facilities within the existing rights-of-way as well as adjacent sidewalks
and alleys. It is anticipated that storm drain improvements will be limited to replacement of inlet
tops and/or short extensions for additional individual inlets. Complete redesign or reconstruction
of the existing storm drain system or major modifications to the storm drain system is excluded
from the scope of this project.
BASIC SERVICES TO BE PERFORMED
J. Volk Consulting (JVC) proposes the following professional services:
1. RESEARCH/DATA COLLECTION
JVC will coordinate with the City of Coppell engineering staff to collect all pertinent data
the City has on each roadway and the adjacent developments. Additionally, JVC will
meet with the City staff to determine the exact limits of the replacement and to discuss
specific issues associated with preparing the construction documents for constructing the
proposed improvements.
2. FIELD SURVEYING
JVC will obtain field topographic survey of the project limits. The survey will include all
lead sidewalks, landscaping/trees in the yards adjacent to the streets, driveways and any
other above ground features. The survey will extend 150’ beyond the limits of
construction down intersecting streets and along any intersecting alleys. Flowlines of all
drainage structures, sewer structures, and sewer cleanouts within the survey limits will be
Page 11
obtained. Any water meters, water valves and vaults will be located with appropriate
elevations to rims, top of pipes, and top of operating nuts. Any above ground franchise
utility facilities and markings will be located. Additionally, locating services such as
DIGTESS will be notified and locates requested throughout the limits of survey.
Subsurface Utility Engineering (SUE) is excluded from the basic service of this contract.
Rights-of-way (ROW) will be established from iron rods found within platted
subdivisions and will be determined from filed plats and available property information.
ROW will be established within 0.5-feet accuracy as it is not expected to obtain any
additional ROW in association with this project.
The survey will be tied to the City of Coppell datums and benchmarks and will establish
control network within the project limits. Vertical and horizontal control points will be
set within the limits in such a way as to provide a control for construction surveying.
3. SCHEMATIC DESIGN
WHISPERING HILLS DRIVE:
For the Whispering Hills project, it is anticipated that a schematic design process will be
utilized to determine the ultimate improvements to the project. JVC will evaluate the
existing roadway section and drainage patterns and develop two schematic level options.
The schematic options are to include both curbed and non-curbed roadway sections and
incorporate sidewalks along the northern section of the project. Working with City staff,
JVC will develop two options to be presented to adjacent property owners and adjacent
neighborhoods during a schematic level public meeting. JVC will prepare exhibits for
the public meeting including mounted schematic level layouts and exhibits that can be
presented in a power point presentation. JVC will assist the City of Coppell staff in
soliciting feedback from the attendees on the schematic options. The comments and
concerns will be documented, compiled and presented to City of Coppell staff to be used
in developing a preferred option. JVC will work with staff to develop a preferred option
to be presented in a second public meeting. Utilizing feedback from the second public
meeting and comments from City of Coppell staff, JVC will develop the final schematic
layout from which the construction documents will be prepared.
MOCKINGBIRD LANE:
For the Mockingbird Lane project, the anticipated schematic design phase will consist of
a coordination meeting(s) with the school district and some reputable contractors to
develop a realistic schedule that can meet the needs of both the City of Coppell and the
School District. During this phase, construction sequencing as well as locations of
proposed utility improvements will be analyzed to determine the best placement of the
reconstructed facilities. Additionally, creative construction and access options will be
explored for viability on this project.
Page 12
4. PRELIMINARY DESIGN
Utilizing the topographic survey and information derived from the schematic design
process, JVC will prepare preliminary design plans for both the Whispering Hills Drive
and Mockingbird Lane projects that will include the following:
Existing and proposed typical sections for project limits.
Proposed horizontal and vertical alignments.
Limits of pavement reconstruction for each project including driveways and
intersecting streets.
Proposed water system improvements and connections to existing lines with
necessary pavement repair.
Proposed sanitary sewer system improvements with services and connections to
existing facilities.
Proposed storm drain improvements on Whispering Hills Drive and any curb inlet
replacements.
Drainage area maps and calculations checking the drainage design with current
City of Coppell drainage criteria.
Cross-sections along 50-foot intervals along the centerline of the proposed
improvements illustrating the limits of construction and impacts on the adjacent
properties.
Approximate location of all known franchise utilities from the topographic survey
and any impacts the proposed improvements will have on the franchise facilities.
Preliminary construction sequencing plans necessary to adequately evaluate the
proposed improvements as it relates to the proposed location of underground
municipal utility improvements.
The preliminary design will be present in construction plan format in accordance with
City of Coppell Standards on 22”x34” size sheets. The design will be in compliance with
current City of Coppell design standards and utilize current construction details. JVC
will coordinate with the City of Coppell to provide the proposed improvements to all
known franchise utility companies. Preliminary opinions of probable costs will provided
to the City of Coppell for the purposes of updating applicable budgets.
5. FINAL DESIGN
Based on preliminary design comments from the City, JVC will prepare final plans,
specifications, and opinions of probable costs. Construction plans will include all
necessary details and information to construct the project in accordance with applicable
standards. All miscellaneous sheets, such as titles, general and special notes, quantities,
horizontal control, any special details, construction sequencing, traffic control, erosion
control, striping/signage and standard details will be prepared. Any comments from
franchise utilities will be addressed as necessary in the final plans.
Page 13
Specifications and bidding documents will be prepared using City of Coppell standard
construction contracts. A final quantity take off will be prepared and a bid proposal will
be included in the contract documents.
Plans will be submitted to TDLR or an approved Registered Accessibility Specialist for
review of applicable accessibility standards. Any fees associated with the review and
application will be the responsibility of the City of Coppell.
6. BIDDING AND CONSTRUCTION SERVICES
Upon final approval of the construction documents, JVC will prepare and distribute bid
documents for the time period set by the City of Coppell. JVC will assist the City with
the preparation of the advertisement for bids. During the bidding process, JVC will keep
record of all plan holders and distribute any necessary information to the prospective
bidders in an addendum format. JVC will attend a pre-bid conference at the City of
Coppell facility to answer any questions. Additionally, JVC will attend the bid opening
and collect copies of the bids to prepare a tabulation of the bids and provide
recommendations on the bids.
After selection of Contractors and award of contracts, JVC will assist in the preparation
of contract documents for execution and initiation of a construction project in the City of
Coppell.
JVC will attend a pre-construction meeting with the City of Coppell personnel and
contractor. During construction, periodic site visits will be made and JVC personnel will
be available to answer questions regarding clarification of design intents. JVC will
consult with the City of Coppell regarding any required change orders and review
monthly progress payments.
Upon completion of construction, JVC will attend and aid the City of Coppell Staff in a
final inspection of the improvements and preparation of a punch list of remaining items.
JVC will revise construction plans to reflect any field changes during construction to
provide the City of Coppell with Record Drawings, including mylar plots, electronic
images and CAD files, in accordance with current city criteria.
JVC understands that the two roadways may be bid and constructed separately as the
schedules requires and will prepare up to two separate bid and construction packages for
the project.
ADDITIONAL SERVICES
1. Geotechnical Investigation
JVC will contract with a reputable Geotechnical Engineering firm to provide a
geotechnical investigation of the projects. The investigation will perform subsurface
exploratory borings at approximately 500-foot intervals to a depth of seven feet and
Page 14
collect samples for recording subsurface conditions and laboratory testing. Results of
field and laboratory will be presented in a report with recommendations on the pavement
structure for the proposed improvements. Recommendations for subgrade options will be
provided.
2. Reimbursable Expenses
Reimbursable expenses such as printing and plotting will be provided according to the
standard fee schedule attached to this document.
Page 15
COMPENSATION
Professional Fees for Basic Services shall be as follows:
Whispering Hills Drive:
Basic Services:
Topographic Survey $22,000.00
Schematic Design (Including 2 Public Meetings) $20,000.00
Engineering Design $170,000.00
$212,000.00
Additional Services:
Reimbursable Expenses $5,000.00
Geotechnical Investigation $6,000.00
$11,000.00
Total Fee – Whispering Hills Drive $223,000.00
Mockingbird Lane:
Basic Services:
Topographic Survey $18,000.00
Schematic Design (Including Coordination Meetings) Included
Engineering Design $100,000.00
$118,000.00
Additional Services:
Reimbursable Expenses $3,000.00
Geotechnical Investigation $4,500.00
$7,500.00
Total Fee – Mockingbird Lane $125,500.00
Total Fee – Both Projects $348,500.00
Page 16
J. VOLK CONSULTING, INC.
FEE SCHEDULE AS OF JANUARY 1, 2012
HOURLY RATES:
Principal/Project Manager $150.00
Project Engineer $125.00
CAD Technician $85.00
Clerical $60.00
Registered Professional Land Surveyor $125.00
GPS Two-man Crew $150.00
REIMBURSABLE EXPENSES:
Plotting:
24 x 36 Black & White Bond $7.50
24 x 36 Color Bond $28.50
11 x 17 Black & White Bond $1.50
11 x 17 Color Bond $2.50
Color Plot - Presentation Paper $7.50/SF
Copying:
24 x 36 Blackline $4.00
24 x 36 Blackline - multi-set $2.25
Creating PDF files $5.00/sheet
Scanning Cost + 15%
Deliveries Cost + 15%
Mileage $0.50/mile
MEMORANDUM
TO: Mayor and City Council
VIA: Ken Griffin, P.E., Director of Engineering/Public Works
FROM: Michael Garza, P.E., Civil Engineer
DATE: July 10, 2012
REF: Consider approval of a License Agreement between the City of Coppell and
Ronald D. Hinds and Jeanne Crandall to allow for the continued use of a
portion of a sanitary sewer easement located at 965 Gibbs Crossing; and
authorizing the City Manager to sign and execute any necessary documents.
In 1996, the house at 965 Gibbs Crossing in the Gibbs Station Phase 2 Subdivision was constructed.
When the property was platted in 1994, a 30 foot sanitary sewer easement was provided across the
rear of the property. That 30’sanitary sewer easement contains a 27” sewer line that was
constructed in 1976. A survey completed on 10-10-1996 shows the 30 foot sanitary sewer
easement.
In 2000, the City of Coppell issued a permit to construct a pool. However, the survey documents
submitted for the pool did not show the 30 foot sanitary sewer easement. The homeowner is in the
process of trying to sell the house and a new survey, completed on 5/21/2012, shows the pool
encroaching into the existing sanitary sewer easement.
The approximate location of the 27” sanitary sewer line is under the hot tub. Our main concern with
the encroachment and the approval of the license agreement is to ensure that the City will not be
responsible for any damage to the pool or pool deck, either structurally or cosmetically, because of
continued use of the easement. This is covered in paragraph six of the License Agreement.
Staff will be available to answer questions at the Council meeting.
05/29/2012 09:32 8172612879 GEODATA PAGE 02
-
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PLAT SHOWTNG
LOT 19, in BLOCK A of GnlBS STAT10N, PHASE TWO, ,''' Addl.tion to the Cit y
of Coppell, Dallas County, Tex"", ac c ording to t ;1e Hap or Plilt ther..,o£
recorded in Volume 94001, Page 7[, Map Records, Dalla s County, Texas.
Commonl y knmY\1 a s 965 Gi .bbs Crossing.
THIS PROPERTY IS LOCATED IN ZONE(S) AE,_><--AS DELINEATED ON FLOOD INSURANCE RATE MAP
PANEL NO.~O ogo t:. EFFECTIVE DATE..1If~:J.?...J~_. l.OCALIZED FLOODtNG
NOT DETERMINED.
• Land SurveyingP. O. Box 13556
Arlington, Texas • Land Planning
76094·0556 • TopographicGEOOATA SURVEYING, INC.
LEGEND
o .. iron rod
-x--x -. lence line
-T -E-... ... utility line
Metro 261-2878 Mapping
J hereby certify this to be a true arrd correct representation of a
survey made on the ground under my supervision snd there aro
no visible encroachments or protrusions except as shown.
GLENN W. MILLER R.P.L.S . . STATE OF fEXAS NO . 4223
[
Proposed License Agreement
for SS Easement Encroachment
965 Gibbs Crossing
Created in CIVIL3D
1 INCH = 1 MILE
0
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg \GIBBS 859 LIC
Created on: 4 June 2012 by Scott Latta 1/2
1/2 1
1 INCH = FT.
0 30
30
15
Proposed License Agreement
for SS Easement Encroachment
965 Gibbs Crossing
Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg \GIBBS 859 LIC
Created on: 4 June 2012 by Scott Latta
APPROXIMATE LOCATION
OF 27" SANITARY SEWER
2/2
APPROXIMATE LOCATION
OF 30' SANITARY SEWER
EASEMENT
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as "CITY") and Ronald D. Hinds and Jeanne Crandall (hereinafter collectively
referred to as "LICENSEE") acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE owns the real property improvements located at 965 Gibbs
Crossing (Lot 19, Block A Gibbs Station Phase Two) and being more particularly described in
Exhibit "A", attached hereto and incorporated herein as set forth in full; and
WHEREAS, constructed on the property is a pool, pool spa and pool deck (hereinafter
referred to as the "IMPROVEMENTS") within a 30 foot City sanitary sewer easement Volume
75142, page 1390 as shown on the attached survey plat marked Exhibit "B" and incorporated
herein for all purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
sewer easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Purpose: CITY hereby grants LICENSEE and their successor in interest and assign an
revocable license for the purpose of maintaining and using the pool, pool spa and pool deck (the
"PERMITTED IMPROVEMENTS ") encroaching into the CITY sanitary sewer easement and
being more particularly depicted on the map marked Exhibit "B" attached hereto and
incorporated herein for all purposes.
2. Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3. Non-exclusive: This License is nonexclusive and is subject to any existing utility,
drainage or communications facilities located in, on, under or upon the utility easement or
property owned by CITY, any utility or communication company, public or private, to all vested
rights presently owned by any utility or communication company, public or private for the use of
the CITY utility easement for facilities presently located within the boundaries of the easement
and to any existing lease, license, or other interest in the easement granted by CITY to any
individual, corporation or other entity, public or private.
4. Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976
(“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant
that the PERMITTED use of the property will not result in the disposal or other release of any
hazardous substance or solid waste on or to the property, and that it will take all steps necessary
to ensure that no such hazardous substance or solid waste will ever be discharged onto the
property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall
have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall
have the meaning specified in the RCRA; provided, however, that in the event either CERCLA
or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and provided further, at
the extent that the laws of the State of Texas establish a meaning for hazardous substance,
release, solid waste, or disposal which is broader than that specified in the CERCLA or RCRA,
such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against
all costs, environmental clean up to the property and surrounding CITY property resulting from
LICENSEE’ use of the property under this License.
5. Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used
in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens
of any nature be affixed against the property by reason of any work done or materials furnished
to the property at LICENSEE’ instance or request.
6. Future City use: Except as provided in paragraph 10 herein. This License is made
expressly subject and subordinate to the right of CITY to use any portion of the easement, for
any reasonable public purpose directly related to the existing sewer line. In the event that any
damage occurs to the pool, pool spa or pool deck because of Licensee encroachment into the
easement or that CITY shall, at any time subsequent to the date of this Agreement, at its sole
discretion, determine that the relocation, maintenance or removal of the existing sanitary sewer
line shall be necessary or convenient for CITY’s use of the sewer easement, LICENSEE and any
successors in interest or assigns hereby agrees to indemnify and does hold CITY harmless
against any cost or claims for structural or cosmetic damage to the pool, pool spa or pool deck
for any other cause of action or claim because of CITY's activities within the sanitary sewer
easement In the event the CITY does engage in any form of maintenance, repair, relocation or
removal of the existing sewer line or other use of the easement, it will use its best efforts to avoid
damage to the PERMITTED IMPROVEMENTS. The release, indemnity and hold harmless
provisions shall service any termination action of this license.
7. Duration of License: This License shall terminate and be of no further force and effect
in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED
IMPROVEMENTS from the property; or, in the event that the City abandons the properties
depicted as a public easement on Exhibit B, then this agreement shall be of no further effect.
8. Compliance with laws: LICENSEE agree to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
9. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified
against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance,
rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect
of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE.
LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that
LICENSEE hold CITY harmless against and from any and all loss, cost , damage, or expense, including
attorney's fees, arising out of or from any accident or other occurrence on or about the property causing
personal injury, death or property damage resulting from use of property by LICENSEE, its agents,
employees, customers and invitees. LICENSEE shall at all times defend, protect, indemnify and hold CITY
harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of
or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers,
employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and
provisions hereof.
10. Action upon termination: At such time as this License may be terminated or canceled
for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED
IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY
utility easement and shall restore such property to substantially the condition of the property
prior to LICENSEE’ encroachment at LICENSEE sole expense.
11. Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
c. By the City abandoning any interest in the sanitary sewer easement.
12. Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address
set forth opposite their signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
13. Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing
party.
14. Governing law: This Agreement is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
15. Binding effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors, purchasers and
assigns of every kind and nature.
16. Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by all parties hereto.
17. Recitals: The recitals to this Agreement are incorporated herein by reference.
18. Legal construction: The provisions of this Agreement are hereby declared covenants
running with the property and are fully binding on all successors in interest, heirs, and assigns of
LICENSEE who acquired any right, title, or interest in or to the property or any part thereof.
Any person who acquires any right, title, or interest in or to the property, or any part hereof,
thereby agrees and covenants to abide by and fully perform the provisions of this agreement with
respect to the right, title or interest in such property.
EXECUTED this _______ day of _______________________, 2012.
CITY OF COPPELL, TEXAS
By: ________________________________
CLAY PHILLIPS, CITY MANAGER
ATTEST:
By:_________________________________
CHRISTEL PETTINOS, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
By:_________________________________
RONALD D. HINDS
By:__________________________________
JEANNE CRANDALL
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2012, by Ronald D. Hinds.
Notary Public, State of Texas
My Commission expires:
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2012, by Jeanne Crandall.
Notary Public, State of Texas
My Commission expires:
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2012, by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on
behalf of said municipality.
Notary Public, State of Texas
My Commission expires:
EXHIBIT A
MEMORANDUM
TO: Mayor and City Council
VIA: Ken Griffin, P.E., Director of Engineering/Public Works
FROM: Michael Garza, P.E., Civil Engineer
DATE: July 10, 2012
REF: Consider approval of an ordinance of the City of Coppell amending the Code
of Ordinances by adding Article 15-15 regulating the discharge of wastes into
the municipal separate storm sewer system (MS4) and surface water within
the City of Coppell by establishing a Storm Water Quality Management and
Illicit Discharge Ordinance; and authorizing the Mayor to sign and execute
any necessary documents.
This agenda item is to establish a storm water quality management and illicit discharge ordinance
as required by the City’s Storm Water Management Plan and the Texas Commission on
Environmental Quality. The Ordinance is based on the North Central Texas Council of
Government model Ordinance.
In 2008, the City Council approved a resolution to adopt the City’s Storm Water Management
Plan (SWMP). The SWMP is designed to prevent pollution in storm water to the maximum
extent practicable and effectively prohibit illicit discharges to the system. There are six (see
attached highlighted list) minimum control measures required to be addressed in the plan by the
general permit issued by TCEQ. The plan details the existing Best Management Practices
(BMPs) currently implemented by the City of Coppell and details the future enhancement of the
existing BMPs and the resulting measurable goals that can be achieved, which will lead to
reductions in pollutants discharged to the storm sewer system. This Ordinance is being
submitted to comply with 2.3.3.3 of the Illicit Discharge Detection and Elimination section of the
Storm Water Management Plan for the City of Coppell.
This ordinance outlines allowable discharges such as car washing, firefighting activities and
dechlorinated swimming pools. It also outlines prohibited discharges such as oils, paints, leaves
and yard trimmings along with many others and establishes a fine for violators.
Staff recommends approval of the Storm Water Quality Management and Illicit Discharge
Ordinance.
Staff will be available to answer questions at the Council meeting.
Prepared by: Mehta West Brashear Group LLC
Consulting Engineers
STORMWATER MANAGEMENT PLAN
for
THE CITY OF COPPELL
In Association with
Northwest Dallas County
Flood Control District
February 1, 2008
City of Coppell Revised 02/01/2008
Storm Water Management Plan
i
TABLE OF CONTENTS
Executive Summary
Legal Authority
Permit Coverage Area
Storm Water Management Program
Letter Agreement
1.0 Background And Introduction
2.0 Minimum Control Measures
2.1 Public Education And Outreach
2.1.1 Permit Requirement
2.1.2 Existing Public Education Programs And BMPs
2.1.3 Enhancements And Additional BMPs For Public Education And Outreach
2.1.3.1 BMP1 – City Desk Storm Water Quality Measures
2.1.3.2 BMP2 – Municipal Website Storm Water Information
2.1.3.3 BMP3 – Storm Drain Labeling
2.1.4 Measurable Goals And Implementation Schedule
2.1.5 Annual Reporting
2.2 Public Involvement/Participation
2.2.1 Regulatory Requirement
2.2.2 Existing Pump Involvement/Participation Programs And BMPs
2.2.3 Enhancements And Additional BMPs For Public Involvement
2.2.3.1 BMP1 – Comply With State And Local Public Notice Requirements
2.2.4 Measurable Goals And Implementation Schedule
2.2.5 Annual Reporting
2.3 Illicit Discharge Detection And Elimination
2.3.1 Regulatory Requirement
2.3.2 Existing Illicit Discharge Detection And Elimination Programs And BMPs
2.3.3 Enhancements And Additional BMPs For Illicit Discharge Detection And
Elimination
2.3.3.1 BMP1 – Program To Detect And Eliminate Illicit Discharges
2.3.3.2 BMP2 – Storm Sewer System Map
2.3.3.3 BMP3 – Illicit Discharge Ordinance
2.3.4 Measurable Goals And Implementation Schedule
2.3.5 Annual Reporting
2.4 Construction Site Storm Water Controls
2.4.1 Regulatory Requirement
2.4.2 Existing Construction Site Storm Water Controls Programs And BMPs
2.4.3 Enhancement And Additional BMPs For Construction Site Storm Water
Controls
2.4.3.1 BMP1 – Erosion And Sedimentation Control Code
2.4.3.2 BMP2 – Site Inspection
2.4.3.3 BMP3 – Reporting Hotline
City of Coppell Revised 02/01/2008
Storm Water Management Plan
ii
2.4.4 Measurable Goals And Implementation Schedule
2.4.5 Annual Reporting
2.5 Post Construction Storm Water Management For New Development /
Redevelopment
2.5.1 Regulatory Requirement
2.5.2 Existing Post Construction Storm Water Management For New
Development/Redevelopment Programs And BMPs
2.5.3 Enhancements And Additional BMPs For Post Construction Storm Water
Management For New Development/Redevelopment
2.5.3.1 BMP1-Evaluate And Update Ordinances
2.5.3.2 BMP2 – Update Plan Review And Inspection Programs
2.5.4 Measurable Goals And Implementation Schedule
2.5.5 Annual Reporting
2.6 Pollution Prevention/Good Housekeeping For Municipal Operations
2.6.1 Regulatory Requirement
2.6.2 Municipal Operations And Facilities Covered Under The SWMP
2.6.3 Existing Programs And Best Management Practices Pollution
Prevention/Good Housekeeping For Municipal Operations
2.6.4 Enhancements and Additional BMPs for Pollution Prevention/Good
Housekeeping
2.6.4.1 BMP1 – Program to Reduce or Eliminate Polluted Runoff From
Municipal Operations
2.6.4.2 BMP2 – Training Program
2.6.4.3 BMP3 – Structural Control Maintenance
2.6.5 Measurable Goals and Implementation Schedule
2.6.6 Annual Reporting
Appendix A - Urbanized Area Map
Appendix B - Inter-local Agreement
Appendix C - Resolution to Adopt the SWMP
Appendix D - Summary Table
Appendix E - TPDES General Permit
City of Coppell 11 Revised 02/01/2008
Storm water Management Plan
2.3 Illicit Discharge Detection and Elimination
2.3.1 Regulatory Requirement
The following is a summary of the TCEQ’s requirement for Public Involvement/
Participation MCM:
Illicit Discharges:
A section of the SWMP must be developed to establish a program to detect and eliminate
illicit discharges to the MS4. The SWMP must include the manner and process to be
used to effectively prohibit illicit discharges. To the extent allowable under state and
local law, an ordinance or other regulatory mechanism must be utilized to prohibit and
eliminate discharges. Elements must include:
1. Detection - The SWMP must list the techniques used for detecting illicit
discharges.
2. Elimination – The SWMP must include appropriate actions and, to the extent
allowable under state and local law, establish enforcement procedures for
removing the source of an illicit discharge.
Allowable Non-Storm Water Discharges
Non-storm water flows listed in Part II.B and Part VI.B do not need to be considered by
the MS4 operator as an illicit discharge requiring elimination unless the operator of the
MS4 or the Executive Director identifies the flow as a significant source of pollutants to
the MS4. In lieu of considering non-storm water sources on a case-by-case basis, the
MS4 operator may develop a list of common and incidental non-storm water discharges
that will not be addressed as illicit discharges requiring elimination. If developed, the
listed sources must not be reasonably expected to be significant sources of pollutants
either because of the nature of the discharge of the conditions that are established by the
MS4 operator prior to accepting the discharge to the MS4. If this is developed, then all
local controls and conditions established for these listed discharges must be described in
the SWMP and any changes to the SWMP must be included in the SWMP Annual
Report.
Storm Sewer Map
A map of the storm sewer system must be developed and must include the following:
1. Location of all outfalls.
2. The names and location of all waters of the U.S. that receive discharges from the
outfalls.
3. Any additional information used needed by the permit holder to implement its
SWMP.
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Storm water Management Plan
The SWMP must include the source of information used to develop the storm sewer map,
including how the outfalls are verified and how the map will be regularly updated.
2.3.2 Existing Illicit Discharge Detection and Elimination Programs and BMPs
Enforcement:
Coppell relies on the following ordinances as legal authority to prevent spills, dumping,
or disposal of materials on the roadways and on public and private property, which
includes the storm sewer and drainage systems:
1. It shall be unlawful for any person to deposit garbage, trash, rubbish, discarded
building materials, waste from building sites, stagnant water or dead animals upon or
along any drain, gutter, alley, sidewalk, street, or vacant lot, or upon any public or
private premises within the corporate limits of the city. It is unlawful for any person
owning or being in charge of property within the city to allow such property to be
used as a landfill without express authority from the city council and the issuance of a
permit by the city. This provision does not, however, apply to the use of fill
composed of dirt, sand and gravel (Ord. No. 92559).
2. It shall be unlawful for any person while driving or a passenger in a vehicle to throw
or deposit inorganic trash, garbage or rubbish of any kind upon any street, street right-
of-way, or other public place within the city or upon private property. Any person
who drops or permits to be dropped or thrown upon any street any trash, rubbish or
injurious metal material shall immediately remove the same or cause it to be removed
(Ord. No. 92559).
3. It shall be unlawful for any person to drive or move any truck or other vehicle within
the city, unless such vehicle, is so constructed or loaded so as to prevent any load
contents, including trash, rubbish or garbage from being blown or deposited upon any
street, street right-of-way, alley, or any other public or private property within the
city.(Ord. No. 92559)
4. It shall be considered a public nuisance and shall be unlawful to permit or allow an
animal to defecate upon private or public property other than the property of the
owner of said animal; and to fail to remove and dispose of in a sanitary manner any
feces left by such animal (Ord. No. 95687).
5. Unless authorized by the Texas Natural Resource Conservation Commission
(TNRCC), no person shall deposit or discharge any waste on public or private
property into or adjacent to any natural outlet, watercourse, storm sewer, or any other
area within the jurisdiction of the City of Coppell (Ord. No. 95698).
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The Engineering Department, Environmental Health Division, Building Inspections
Department, and the Police Department enforce the above mentioned laws and
ordinances that protect the storm water drainage systems from spills and illegal dumping.
Detection and Elimination:
The City currently uses the preventive practices of thorough inspection and verification
during the entire construction phase to try and avoid the need for more extensive
detection of illicit connections. The Environmental Health Division and/or the Building
Inspections Department respond to reports of illicit connections at the time they are
reported.
Allowable Non-Storm Water Discharges
The City of Coppell understands that there are allowable non-storm water discharges that
enter the storm sewer and drainage systems. At present, the City will only allow the non-
storm water discharges listed in Part II.B and Part VI.B of the TPDES General Permit
(copy located in Appendix E) to be excluded as an illicit discharge. Any other non-storm
water discharge will be considered for exclusion as an illicit discharge on a case-by-case
basis.
Storm Sewer Map
The Engineering Department has mapped the existing storm sewer and roadway systems
in a GIS format from as-built construction plans and City records. Approximately 88
miles of storm sewer pipe that is owned and maintained by the City of Coppell and the
NDCFCD are currently mapped. The GIS map attributes include the location, length,
size, age, and type of material of the pipes and the location, size and type of the inlet
structures.
2.3.3 Enhancements and Additional BMPs for Illicit Discharge Detection and
Elimination
2.3.3.1 BMP1 - Program to Detect and Eliminate Illicit Discharges
The City will evaluate existing procedures and develop and implement a program to
detect and eliminate illicit discharges to the storm sewer system. Field staff from Public
Works, Parks and Recreation, Environmental Health, and Engineering will be provided
with water quality observation cards to be carried in every City vehicle. The staff will
receive initial training and annual refresher training conducted by the Engineering
Department, to be aware of signs of illicit discharges. Field staff will be instructed to use
the cards to document unusual dry weather flows (those not classified as allowable non-
storm water discharges), illegal dumping, sewage overflows, or anything else unusual.
City of Coppell 14 Revised 02/01/2008
Storm water Management Plan
Once an observation card is completed by field staff, it will be submitted to the City
Engineer for further investigation. Engineering staff will work to identify the source of
the discharge and remove and/or correct the discharge or connection if it is within the
City’s jurisdiction. If the discharge or connection originates from a private source, the
proper enforcement division will be contacted to respond.
A database to document the number of investigations conducted and the number of illicit
connections or discharges addressed will be maintained by the City Engineer.
Information from the database may be transferred to the GIS storm sewer map to help
identify problem areas.
Measurable Goals
Develop the water quality observation cards and formal training program in Year 1.
Conduct the initial training and formally begin the observation and reporting program in
Permit Year 2. Continue annual training and reporting through Permit Year 5.
Responsible Persons
The City Engineer is responsible for development and implementation of the illicit
discharge program to meet the Measurable Goal.
2.3.3.2 BMP2 - Storm Sewer System Map
The existing GIS storm sewer map will be updated with newly constructed facilities and
will be expanded to include man-made channels, ditches, the location of all outfalls, and
the names and location of all waters of the United States that receive discharges from
those outfalls. The information for the updates will be taken from as-built construction
plans and a Global Positioning System (GPS) will be used to capture outfall locations.
Citizen complaints, visual screening data, inspections, and the number of investigations
will also be input into the GIS and a water quality database established.
Measurable Goals
Update the existing GIS storm sewer map during Permit Year 1 to include ditches, man-
made channels, and all facilities constructed during the last three years; and locate,
identify and map 33% of the outfall structures and receiving waters of the United States
per year during Permit Years 2, 3 and 4. The map will be updated annually based on as-
built construction plans. This BMP will be evaluated on its usefulness in determining the
extent of illicit and non-storm water discharges and identifying the possible sources of
the illicit and non-storm water discharges and the particular water bodies they may be
affecting.
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Storm water Management Plan
Responsible Persons
The City Engineer is responsible for implementation of this BMP2 to meet the
Measurable Goal.
2.3.3.3 BMP3 - Illicit Discharge Ordinance
Coppell will develop an ordinance to effectively prohibit illicit discharges and illegal
dumping into the storm sewer system and implement enforcement response procedures
and penalties for noncompliance. It will authorize access for municipal employees to
storm sewers on private property for inspection and investigation purposes. If it is
determined that any non-storm water discharges significantly contribute pollutants to the
storm sewer system, the ordinance will prohibit those non-storm water discharges.
Measurable Goals
The City will evaluate existing ordinances associated with illicit discharges and illegal
dumping and develop a draft ordinance in Permit Year 1. The City will determine if any
non-storm water discharges are pollutants and finalize the ordinance in Permit Year 2. The
ordinance will be implemented in Permit Year 3 and amended to include any additional
non-storm water discharges identified as pollutants after Permit Year 2.
Responsible Persons
The City Engineer and the City Attorney are responsible for development and
implementation of the illicit discharge ordinance to meet Measurable Goal 2.3.3.3.
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Storm water Management Plan
2.3.4 Measurable Goals and Implementation Schedule
TARGET DATE ACTIVITY
Year One
• Develop field water quality observation cards and field staff
training program.
• Update the existing GIS storm sewer map.
• Review existing ordinances and develop a draft illicit discharge
management ordinance.
Year Two
• Conduct initial training program to detect and address non-storm
water discharges and prohibit any significant pollutants.
• Locate and identify the outfall structures and receiving waters of
the U.S. and map in the GIS storm sewer map. Update map with
storm water quality data and new facilities.
• Finalize illicit discharge management ordinance.
Year Three
• Perform annual field staff training to detect and eliminate illicit
discharges.
• Continue to locate and identify the outfall structures and receiving
water of the U.S. and map in the GIS storm sewer map. Update
map with storm water quality data and new facilities.
• Implement illicit discharge management ordinance.
Year Four
• Perform annual field staff training to detect and eliminate illicit
discharges
• Update GIS map with storm water quality data and new facilities.
Year Five
• Perform annual field staff training to detect and eliminate illicit
discharges
• Update GIS map with storm water quality data and new facilities.
2.3.5 Annual Reporting
The City of Coppell will document all of the SWMP activities pertaining to Illicit
Discharge Detection and Elimination. Documentation will be placed in the SWMP
Annual Report and will include, but may not be limited to the following items:
• Documentation of any completed and submitted Water Quality Observation
Cards.
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• Documentation of any Ordinance or Ordinance Revisions regarding enforcement
of storm water issues.
• Documentation of any corrective actions taken by the City of remove illicit
connections and discontinue illicit discharges
• Documentation of any public records regarding enforcement actions required to
remove illicit connections and discontinue illicit discharges.
• Documentation and description of any non listed allowable non-storm water
discharge that was considered and accepted on a case-by-case basis.
• General descriptions of modifications and updates to the storm sewer map.
Page 1 of 23
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO.________________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY
AMENDING ARTICLE 15-15 REGULATING THE DISCHARGE OF
WASTES INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) AND SURFACE WATER WITHIN THE CITY OF COPPELL,
TEXAS, PROVIDING A TITLE; SHOWING FEDERAL AND STATUTORY
AUTHORITY; STATING PURPOSES AND METHODS; DEFINING SCOPE
OF AUTHORITY, OUTLINING THE ORGANIZATION OF THIS
ORDINANCE, PROVIDING ABBREVIATIONS OF TERMS, PROVIDING
DEFINITIONS OF TERMS, PROVIDING FOR ENORCEMENT,
PROVIDING A SYSTEM OF CHARGES FOR SERVCIES RENDERED,
PROVIDING A SYSTEM OF ALLOWABLE AND MISCELLANEOUS
DISCHARGES, PROVIDING A SEVERABLITY CLAUSE, PROVIDING A
REPEALER, ESTABLISHING A PENALTY OF FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS ($500.00), AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Coppell has provided facilities for the collection and
transport of storm water to promote the health, safety and convenience of its people and for
the safeguarding of water resources common to all; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) Rules and
Regulations for Municipal Separate Storm Sewer Systems (MS4) state that municipality must
develop and implement a program to detect and eliminate illicit connections and discharges
to the MS4; and
WHEREAS, it is the obligation of the City of Coppell to facilitate compliance with
federal and state rules and regulations by producers of certain types of storm water and to
comply with these same regulations; and
WHEREAS, protection of the quality of storm water runoff into the municipal
separate storm sewer system and surface waters within the city may require either the
exclusion or controlled discharge point of origin of types or quantities of waste; and
WHEREAS, adoption of the new Article 15, Chapter 15-15 of the Code of
Ordinances of the City of Coppell is necessary to protect the health, safety and welfare of its
citizens;
Page 2 of 23
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Coppell City Code be, and the same is hereby, amended by
amending Chapter 15, Other Codes Adopted, by adding Article 15-15 which is as follows:
"ARTICLE 15-15 STORM WATER QUALITY MANAGEMENT AND
ILLICIT DISCHARGE CODE
Section 15-15-1. Adoption and Title
There is hereby adopted and shall be known as the Storm Water Quality
Management Code.
Section 15-15-2. Statement of Authority
1. Compliance with Federal Authority
The City of Coppell shall comply with, enforce and adopt all applicable
Federal regulations pertaining to storm water discharges from regulated
small MS4’s. All persons within the jurisdiction of this ordinance shall
comply with all applicable Federal laws including the Clean Water Act
(33 United States Code § 1251 et. seq.) and the National Pollutant
Discharge Elimination System (NPDES) regulations, as they now exist
or as hereinafter amended.
2. Compliance and Scope with Statutory Authority
The City of Coppell shall comply with, enforce and adopt all applicable
sections of Chapter 26 of the Texas Water Code as it now exists or as
hereafter amended. The City shall comply with all applicable Texas
Pollutant Discharge Elimination System (TPDES) permits and
requirements which controls discharges of pollutants to surface waters
and any State permit, issued hereafter, for storm water discharges from
its MS4. All persons within the jurisdiction of this ordinance shall
comply with all applicable State laws including the Texas Water Code
and the TPDES regulations as they now exist or as hereinafter amended.
Section 15-15-3. Purpose and Methods
Page 3 of 23
This ordinance sets forth uniform requirements for discharges to the
Municipal Separate Storm Sewer System (MS4) and enables the City of
Coppell (City) to comply with all applicable federal and state laws, including,
but not limited to, the Clean Water Act, the Stormwater Phase II Final Rule,
Chapter 26 of the Texas Water Code, Title 30 of the Texas Administrative
Code, and the City’s Phase II MS4 Texas Pollution Discharge Elimination
System General Permit. The purpose of this ordinance is:
A. To maintain and improve the quality of surface water
within the City.
B. To regulate the contribution of pollutants to the Municipal
Separate Storm Sewer System (MS4) by storm water discharges by
any user;
C. To prevent the introduction of pollutants into the Municipal
Separate Storm Sewer System and to prohibit illicit connections
and discharges to the MS4 to the maximum extent practicable;
D. To enable the City to comply with all Federal and State
laws and regulations applicable to storm water discharges;
E. To establish legal authority to carry out all inspection,
surveillance, and monitoring procedures necessary to ensure
compliance with this ordinance;
F. To provide enforcement remedies for non-compliance with
this article.
G. To prevent or reduce the discharge of contaminated storm
water runoff from construction, industrial and residential sites into
the MS4 and surface waters within the City.
Section 15-15-4 Abbreviations and Definitions
1. ABBREVIATIONS
The following abbreviations, when used in this ordinance, shall have the
designated meanings:
BMP - Best Management Practices
CFR - Code of Federal Regulations
CSN - Construction Site Notice
Page 4 of 23
MS4 - Municipal Separate Storm Sewer System
NEC - No Exposure Certification
NOI - Notice of Intent
NOT - Notice of Termination
NPDES - National Pollutant Discharge Elimination System
PST - Petroleum Storage Tank
RCRA - Resource Conservation and Recovery Act
SWP3 - Storm Water Pollution Prevention Plan
TPDES - Texas Pollution Discharge Elimination System
U.S.C. - United States Code
USEPA - U.S. Environmental Protection Agency
2. DEFINITIONS
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this ordinance, shall have the meanings hereinafter
designated.
Approved Erosion Control Plan: An erosion control plan prepared in
compliance with City requirements, as specified in the Subdivision
Ordinance and Erosion and Sedimentation Control Ordinance, and
approved by the City Engineer or designee.
Best management practices (BMP): Schedules of activities, prohibitions of
practices, installation of erosion control devices, maintenance procedures,
and other management practices to prevent or reduce the pollution of
waters of the United States. BMPs also include treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.
Page 5 of 23
Clean Water Act: The Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments and amendments thereof. The
objective of the Clean Water Act is to restore and maintain the chemical,
physical, and biological integrity of the nation's waters by preventing point
and nonpoint pollution sources, providing assistance to publicly owned
treatment works for the improvement of wastewater treatment, and
maintaining the integrity of wetlands.
Commencement of construction: The disturbance of soils associated with
clearing, grading, or excavating activities or other construction activities.
Commercial: Pertaining to any business, trade, industry, or other activity
engaged in for profit.
Construction activity: A human-made activity, including without
limitation, clearing, grading, excavation, construction, and paving, that
results in an earth change or disturbance in the existing cover or
topography of land, including any modification or alteration of a site or
the “footprint” of a building that results in an earth change or disturbance
in the existing cover or topography of land.
Director: The Director of the department designated by the City Manager
to enforce and administer this article or the Director’s designated
representative.
Discharge: Any addition or introduction of any pollutant, stormwater, or
any other substance whatsoever into the municipal separate storm sewer
system and/or into any body of water by depositing, conducting, draining,
emitting, throwing, running, allowing to seep, or otherwise releasing or
disposing of, or allowing, permitting, or suffering any of these acts or
omissions.
Erosion Control Plan: A drawing which clearly and legibly defines
existing property lines, features and utilities, defines limits of proposed
work, shows proposed construction improvements and features, shows
existing drainage patterns and facilities and specifies BMPs to be used
including location, extent, type and construction details.
Facility: Any building, structure, installation, process, or activity from
which there is or may be a discharge of a pollutant.
Final Stabilization: When all soil disturbing activities have been
completed and a uniform (e.g. evenly distributed, without large, bare
areas) perennial vegetative cover with a density of 70 percent of the native
background vegetative cover for the area has been established or
Page 6 of 23
equivalent permanent stabilization measures (such as the use of riprap,
gabions, or geotextiles) have been employed.
Industrial waste: Any waterborne liquid or solid substance that results
from any process of industry, manufacturing, mining, production, trade, or
business.
Large Construction Projects: Construction projects including clearing,
grading, and excavating that result in land disturbance of equal to or
greater than five (5) acres of land. Large construction projects also include
the disturbance of less than five (5) acres of total land area that is part of a
larger common plan of development or sale if the larger common plan will
ultimately disturb equal to or greater than five (5) acres of land. Large
construction projects do not include routine maintenance that is performed
to maintain the original line and grade, hydraulic capacity, or original
purpose of the site.
Municipal separate storm sewer system (MS4): The system of
conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains)
owned and operated by the City and designed or used for collecting or
conveying stormwater, and which is not used for collecting or conveying
sewage.
National Pollutant Discharge Elimination System (NPDES): The permit
program of the United State’s Environmental Protection Agency, and/or
the permit program of the state agency delegated to act on USEPA’s
behalf with an approved storm water program.
NPDES General Permit for Storm Water Discharges Associated with
Industrial Activity (or Industrial General Permit): The Industrial General
Permit issued by USEPA and any subsequent modifications or
amendments thereto.
NPDES General Permit for Storm Water Discharges from Construction
Sites: The Construction General Permit issued by USEPA on August 27,
1992 and any subsequent modifications or amendments thereto.
NPDES permit: A permit issued by USEPA or by the State that authorizes
the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area-wide basis.
Nuisance: Any act or unlawful use of property which results in material
annoyance, inconvenience, discomfort, or damage to another person or to
the public.
Page 7 of 23
Oil: Any kind of oil in any form, including, but not limited to, petroleum,
fuel oil, crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure, sludge, oil refuse, and oil mixed
with waste.
Operator: The person or persons who, either individually or taken
together, meet the following two criteria:
(1). They have operational control over the facility
specifications (including the ability to make modifications in
specifications); and
(2). They have the day-to-day operational control over
those activities at the facility necessary to ensure compliance
with pollution prevention requirements and any permit
conditions.
Owner: The person who owns a facility or part of a facility.
Person: Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives, agents, or
assigns. This definition includes all federal, state, and local governmental
entities.
Pollutant: Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt, and industrial, municipal, and agricultural waste discharged
into water. The term “pollutant” does not include tail water or runoff
water from irrigation or rainwater runoff from cultivated or uncultivated
range land, pasture land or farm land.
Qualified Personnel: A person who possesses the appropriate competence,
skills, and ability (as demonstrated by sufficient education, training,
experience, and when applicable, required certification and licensing) to
perform a specific activity in a timely and complete manner consistent
with the applicable regulatory requirements and generally-accepted
industry standards for such activity.
Regulated Materials: Any material, including waste, regulated by the state
and/or federal regulatory agencies including, but not limited to, oils,
petroleum products, and vehicle fluids.
Regulatory Authority: Any municipal officer or department of the city
appointed by the City Manager to administer this article.
Page 8 of 23
Release: Any intentional or unintentional spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the municipal separate storm sewer system
(MS4) or the waters of the United States, or where, unless the oil,
hazardous substances, waste, or other substances are controlled or
removed, the substance may drain, seep, run, or otherwise enter into the
MS4 or waters of the United States.
Site: The land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with the
facility or activity.
Small Construction Projects: Construction projects including clearing,
grading, and excavating that result in land disturbance of equal to or
greater than one (1) acre and less than five (5) acres of land. Small
construction projects also includes the disturbance of less than one (1) acre
of total land area that is part of a larger common plan of development or
sale if the larger common plan will ultimately disturb equal to or greater
than one (1) acre and less than five (5) acres of land. Small construction
projects do not include routine maintenance that is performed to maintain
the original line and grade, hydraulic capacity, or original purpose of the
site (e.g., the routine grading of existing dirt roads, asphalt overlays of
existing roads, the routine clearing of existing right-of-ways, and similar
maintenance activities).
State Regulatory Authority: The state's agencies that have the authority to
adopt and enforce any environmental rules necessary to carry out its
powers and duties under the laws of Texas.
Stormwater: Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
Storm Water Pollution Prevention Plan (SWP3): A plan required by either
the Construction General Permit or the Industrial General Permit or any
other permit and which describes and ensures the implementation of
practices that are to be used to reduce the pollutants in stormwater
discharges associated with construction or other industrial activity at the
facility.
Texas Pollutant Discharge Elimination System (TPDES): The permit
program of the State of Texas.
User: Any owner, operator, contractor, renter, squatter or any other person
who has control of property that has or may threaten to discharge liquids
to the Municipal Separate Storm Sewer System.
Page 9 of 23
Waste: Rejected, unutilized, or superfluous substances in liquid, gaseous
or solid form resulting from domestic, agricultural or industrial activities.
Wastewater: Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings and/or operations, industrial
and manufacturing facilities, and institutions, whether treated or untreated,
which are required to discharge to the publicly owned treatment works.
Water: Any groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes,
inlets, canals, the Gulf of Mexico, inside the territorial limits of the State,
and all other bodies of surface water, natural or artificial, inland or coastal,
fresh or salt, navigable or non-navigable, and including the beds and banks
of all water courses and bodies of surface water, that are wholly or
partially inside or bordering the State or inside the jurisdiction of the State.
Watercourse: Any body of water, including, but not limited to lakes,
ponds, rivers, streams, and bodies of water which are delineated by the
City of Coppell.
Water quality standard: The designation of a body or segment of surface
water in the State for desirable uses and the narrative and numerical
criteria deemed by the State to be necessary to protect those uses.
Waters of the United States: 1. All waters which are currently used, or
were used in the past, or may be susceptible to use in interstate or foreign
commerce, including all water which are subject to the ebb and flow of the
tide; 2. All interstate waters including interstate wetlands; 3. All other
waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet
meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate or foreign commerce including
any such waters: (i) Which are or could be used by interstate or foreign
travelers for recreational or other purposes; or (ii) From which fish or
shellfish are or could be taken and sold in interstate or foreign commerce;
(iii) Which are used or could be used for industrial purposes by industries
in interstate commerce; 4. All impoundments of waters otherwise defined
as waters of the United States under this definition; 5. Tributaries of
waters identified in paragraphs (s)(1) through (4) of this Section; 6. The
territorial sea; 7. Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (s)(1) through (6) of this
Section; waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of CWA (other than cooling ponds
which also meet the criteria of this definition) are not waters of the United
States.
Page 10 of 23
Section 15-15-5. Allowable Non-Storm Water Discharges
A. GENERAL
1. No person shall introduce or cause to be introduced into the MS4
any discharge that is not composed entirely of storm water, with the
exception of those herein after listed, unless said activities are
determined to be a nuisance, except as follows:
a. Discharge authorized by, and in full compliance with, an
NPDES/TPDES construction or multi-sector industrial permits;
b. Discharge or flow resulting from fire fighting activities by
the Fire Department;
c. Dechlorinated swimming pool discharges;
d. Discharges from potable water sources;
e. A discharge or flow from potable water line flushing
(excluding discharges of hyperchlorinated water, unless the
water is first dechlorinated and discharges are not expected
to adversely impact aquatic life);
f. Uncontaminated runoff or return flow from landscape
irrigation, lawn irrigation, and other irrigation utilizing potable
water, groundwater, or surface water sources that does not create a
nuisance;
g. Discharges from unpolluted pumped groundwater or rising
groundwater;
h. Unpolluted groundwater infiltration;
i. Unpolluted discharge or flow from a foundation drain,
crawl space pump, footing drain, or sump pump;
j. Discharges from air conditioning condensation free of oils;
k. Discharges from individual residential vehicle washing;
l. Discharges from a riparian habitat or wetland;
m. Stormwater runoff from a roof that is not contaminated by
any runoff or discharge from an emissions scrubber or filter or any
Page 11 of 23
other source of pollutant;
n. Rising ground waters and springs; and/or diverted stream
flows;
o. Occasional discharges of vehicle wash water are allowable
when generated strictly for the purpose of fundraising activities.
Best management practices are encouraged to minimize pollution,
including but not limited to;
(1). remove all trash and debris before activity;
(2). use soaps that are “non-toxic”, “phosphate-free”, or
“biodegradable”;
(3). refrain from using acid wheel cleaners or other toxic
or harmful substances;
(4). minimize the amount of soapy water entering the MS4
by shutting off water when not in use and washing on a
grassy area or an area where the runoff will enter a grassy
area;
(5). emptying buckets of soapy water in sinks or toilets;
(6). cleaning up the site after completing the activity.
2. Persons wishing to discharge water other than that listed under
subsection (a) of this Section and not listed as a specific prohibition under
Section 13-605, must file a written request to the Director five (5) days
prior to the date of discharge that details the source of the discharge and
the volume of the discharge. Written authorization must be obtained from
the Director prior to discharge.
B. Specific Prohibitions and Requirements
1. No user of the MS4 shall introduce or cause to be
introduced into the MS4 any discharge that would result in or
contribute to a violation of a water quality standard, the TPDES
permit issued to the City, or any state-issued discharge permit for
discharges from its MS4.
2. No person shall discharge any substance to the MS4 that is
prohibited by the Clean Water Act, the Texas Water Code, or the
Texas Administrative Code, as amended.
Page 12 of 23
3. No person shall release any materials or otherwise
introduce, cause, allow, or permit to be introduced any of the
following substances into or that may reach the storm water drainage
system, to wit:
a. Any used motor oil, antifreeze, or any other motor vehicle
fluid;
b. Any regulated or industrial waste;
c. Any hazardous waste, including household hazardous
waste;
d. Any domestic sewage or septic tank waste (from holding
tanks such as vessels, chemical toilets, campers, or trailers),
grease trap waste, or grit trap waste;
e. Any wastewater from a commercial carwash facility;
f. Any vehicle or equipment wash water from a commercial
or industrial facility;
g. Any use of power washing at a commercial facility that
generates wastewater containing any soap, detergent,
degreaser, solvent, emulsifier, dispersant, or any other
cleaning substance, or any oils, grime, grit, dirt or
substances resulting from the cleaning;
h. Wastewater from the wash-down or other cleaning of any
pavement where release of regulated material has occurred;
i. Any discharge from water line disinfection by
superchlorination;
j. Any substance or material that will damage, block, or clog
the MS4;
k. Any discharge of solids or waste from soil boring, core
drilling, or any other site investigative technique;
l. Any discharge from gas well drilling, derrick washing,
fracturing, or other activities relating to gas pipelines,
compression stations, or gas well pad sites;
m. Any paint or paint-related materials.
Page 13 of 23
4. No person shall connect to the MS4 a line conveying domestic,
commercial, or industrial sanitary sewage or wastewater.
5. No person shall introduce or cause to be introduced into the MS4
any sediment, silt, earth, soil, or other material associated with
clearing, grading, excavation, filling, hauling, soil boring, core
drilling, or other construction activities.
6. No person shall introduce or cause to be introduced to the MS4
any sediment, unused ready mix concrete, mortar, asphalt, or other
unused construction materials or wash water associated with these
materials.
7. No person shall introduce or cause to be introduced to the MS4
any sediment, dust, or other solid material from any activity not
intended for outside disposal or accumulation.
8. No person shall use or store any solid waste, regulated waste, or
hazardous waste or regulated waste in a manner that the material
could enter the MS4.
9. No person shall cause or allow leaves, grass clippings, or other
yard debris to enter into the street, inlet and the MS4. Fallen leaves
in the street shall be properly disposed of and are the responsibility
of the adjacent property owner.
10. No person may discharge or cause to be discharged water
containing fertilizers, pesticides or herbicides to the MS4.
11. No person shall introduce or allow to be introduced into or upon
any public or private property that drains or may drain to the MS4
any solid or semi-solid material, such as floatables, or discarded or
abandoned objects, articles, and accumulations, on property whether
or not it was generated, placed, stored, or located by the user of such
materials in such a manner that causes the material to be transported
by the wind, rain, or other atmospheric conditions into the MS4.
12. No person shall introduce non-native solids or liquids to the MS4
or to the Waters of the United States with the exception of those
activities listed in Section 15-15-5 of this article.
C. Construction Activity Prohibitions and Requirements
Page 14 of 23
1. No person shall discharge stormwater associated with a
construction activity without first having obtained a TPDES permit
to do so, when applicable.
2. No person shall discharge stormwater associated with a
construction activity without first having submitted a copy of the
Notice of Intent (NOI) and/or a Construction Site Notice (CSN) to
the City, when applicable.
3. All persons must submit a copy of the Notice of
Termination (NOT) to the City at the same time the person submits
the NOT to the State Regulatory Agency (TCEQ).
4. Any person or operator of construction sites shall use best
management practices (BMPs) to control and reduce discharge to the
City of sediment, silt, earth, soil, and other material associated with
clearing, grading, excavation, filling, hauling and other construction
activities to the maximum extent practicable. Any person or operator
shall install BMPs in compliance with the SWP3 and the approved
erosion control plan. Any person or operator must maintain BMPs in
effective working order in compliance with City Construction Detail
Standards and BMP standards supported by the Regional Council of
Governments.
5. Any BMPs capable of installation and/or implementation
shall be installed and/or implemented prior to the commencement of
construction at the site or in compliance with a schedule for
installation and/or implementation in an applicable Storm Water
Pollution Prevention Plan (SWP3) and approved erosion control
plan.
a. Ensure that existing vegetation is preserved
where feasible and disturbed areas of the site are stabilized
as soon as practicable where construction activities have
temporary or permanently ceased. Stabilization measures
may include: temporary seeding, permanent seeding,
mulching, geotextiles, sod stabilization, vegetative buffer
strips, protection of trees, and other appropriate measures.
b. Prevention of the discharge of building materials,
including cement, lime, concrete, and mortar, to the MS4
or waters of the United States.
c. Minimization of the tracking of sediments off-
site by vehicles, the generation of dust, and the escape of
other windblown waste from the site.
Page 15 of 23
d. Providing housekeeping measures to prevent and
contain releases of paints, solvents, fuels, septic waste, and
other hazardous chemicals and pollutants associated with
construction activities, and to assure proper cleanup and
disposal of any such releases in compliance with state,
federal, and local requirements.
e. Implementation of proper waste disposal and
waste management techniques, minimizing ground contact
with hazardous chemicals and trash.
f. Proper placement and maintenance of vegetation,
erosion and sediment control measures and other best
management practices to ensure good and effective
working condition.
g. Installation of structural BMPs must be
completed prior to completion of the construction process
to control pollutants in stormwater discharges that will
occur after construction operations have been finalized.
Structural measures should be placed on upland soils to
the degree attainable. Such installed structural measures
may include, but are not limited to, the following:
stormwater detention structures (including wet ponds),
stormwater retention structures, flow attenuation by use of
open vegetative swales and natural depressions, other
velocity dissipation devises, infiltration of runoff on site,
and sequential systems which combine several practices.
6. Qualified personnel (provided by the operator of the
construction site) shall inspect all disturbed areas of the construction
site that have not been finally stabilized, areas used for storage of
materials and staging of construction that are exposed to
precipitation, discharge locations, locations where vehicles enter or
exit the construction site, and structural controls for evidence of, or
potential for, pollutants entering the MS4. All erosion and sediment
control measures and other identified BMPs shall be inspected
regularly for proper installation according to the SWP3 and erosion
control plan.
7. Inspections must be conducted by qualified personnel at
least every 14 calendar days and within 24 hours of the end of a
storm event of 0.5 inches or greater or once every 7 days regardless
of storm events. These inspections are to be conducted as outlined in
the SWP3. Inspection reports must be kept with the SWP3.
Page 16 of 23
8. Any owner of a site of construction activity, whether or not
he/she is an operator, is jointly and severally responsible for
compliance with the requirements in this article.
9. Any contractor or subcontractor on a site of construction
activity, who is not an owner or operator, but who is responsible
under his/her contract or subcontract for implementing BMP control
measures, is jointly and severally responsible for any willful or
negligent failure on his/her part to adequately implement that control
measure.
10. All persons must comply with the requirements of the
TPDES permit or approved erosion control plan issued to such
person.
11. Any person or operator engaging in any land disturbing
activity or any construction activities shall prepare an Erosion
Control Plan in accordance with the City Subdivision Ordinance and
submit that Plan to the City for approval. This shall apply regardless
of whether a person or operator is required to obtain a permit from
the City or State Regulatory Agency in order to conduct such land
disturbing or construction activity.
12. Any person or operator of sites of construction activity,
including clearing, grading, excavation, filling and hauling activities,
that result in the disturbance of one (1) or more acres of total land
area, or that are a part of a larger common plan of development or
sale, where one (1) or more acres of total land area are disturbed, or
those who are required to obtain a TPDES permit for stormwater
discharges associated with construction activities, shall comply with
the measures listed in this section.
a. Any person or operator who intends to obtain
coverage for stormwater discharges for a large
construction project under the TPDES general permit for
stormwater discharges shall submit a signed copy of the
NOI and CSN to the City at least two (2) days prior to the
commencement of construction activities.
b. A site-specific SWP3, prepared by the person or
operator with appropriate notices issued as required by
the state TPDES general permit, shall be kept on the
construction site at all times during the construction and
updated as needed to address changing conditions. The
SWP3 shall include the City approved erosion control
plan as part thereof.
Page 17 of 23
c. The City may require submission of the SWP3
as currently amended at any time during the course of the
construction and the person or operator shall submit the
SWP3 to the City within twenty-four (24) hours of the
request. The City may notify the person or operator at any
time the SWP3 does not meet the requirements of the
Construction General Permit for stormwater discharge
from the construction site, or any additional requirements
imposed by or under this article, which are not being met
by the SWP3. The person or operator shall make the
required changes to the SWP3 within seven (7) calendar
days of notification and submit to the City that the
changes have been made and implemented.
d. Operators of a small construction site must
submit a copy of the CSN to the City prior to beginning
earth disturbing activities.
e. The CSNs and NOI shall be posted and readily
available for viewing by the general public, local, state,
and federal authorities.
f. Stabilization measures must be initiated as soon
as practicable in portions of the construction site where
land disturbing activities have temporarily (for less than
24 hours) ceased. Stabilization measures that provide
protective cover must be initiated as soon as practicable
where land disturbing activities have permanently ceased.
These measures must be initiated no more than fourteen
(14) days after construction activities have temporarily or
permanently ceased (as described in the TPDES Permit).
g. Final stabilization must be achieved and all
temporary BMPs removed prior to filing the NOT with
the State Regulatory Agency. The City may withhold
occupancy or use permit for any premises constructed on
site until such time the City has determined the site has
met the final stabilization criteria described in this
Article.
h. Upon final stabilization of a large construction
project, the person or operator (or duly authorized
representative thereof) shall submit a NOT to the State
Regulatory Agency and submit a copy of the NOT to the
City.
Page 18 of 23
D. Post-Construction Requirements
1. The person or operator must ensure all temporary control
measures for erosion control or other BMPs are removed once final
stabilization has been achieved.
2. The person or operator must ensure all long-term operation
and maintenance of post-construction stormwater runoff control
mechanisms, such as detention and retention basins, dry wells, and
other measures as described in federal regulations.
Section 15-15-6. Regulated Activities Associated with Facilities
A. A user of the MS4 conducting industrial activity that has
storm water discharges associated with industrial activity commits
an offense if the user discharges, or causes to be discharged, storm
water associated with industrial activity without having first obtained
an NPDES or TPDES permit to do so.
B. A person shall obtain coverage and submit to the city a
copy of either a NOI to obtain coverage under the TPDES general or
individual permit for industrial storm water, a No Exposure
Certificate, or any other storm water permit.
C . A copy of the NOI or the NEC application form shall be
submitted to the city no later than 14 calendar days after filing the
NOI or an NEC form with the State for such coverage.
D . A copy of the individual TPDES permit shall be submitted
to the city no later than 14 calendar days after the State signs the
permit.
E. A person commits an offense if the user is out of
compliance with the facilities NOI, NEC, or SWP3.
F. A person commits an offense if the user is out of
compliance with the requirements of the NPDES or TPDES issued to
such person.
Section 15-15-7. Watercourse Protection
Page 19 of 23
Every person owning property through which a watercourse passes, or
such person’s lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly impede the flow
of water through the watercourse. In addition, the owner or lessee shall
maintain existing privately owned structures within or adjacent to a
watercourse, so that such structures will not become a hazard to the use,
function or physical integrity of the watercourse.
Section 15-15-8. Releases
A. Notwithstanding other requirements of law, as soon as any
person responsible for a facility or operation, or responsible for
emergency response for a facility or operation has information of
any known or suspected release of materials which are resulting or
may result in illegal discharges or pollutants discharging anywhere
outside the building and/or into the MS4, said person shall take all
necessary steps to ensure the discovery, containment, and
cleanup/remediation of such release immediately or within 15
minutes of the release.
B. In the event of such a release of regulated materials said
person shall immediately or within 15 minutes of the release notify
the local, state, and federal regulatory authority of the occurrence via
emergency dispatch services. Said person will make notification in
conjunction with any state or federal environmental permit
requirements.
C. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the facility shall also retain
an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years.
Section 15-15-9. Right of Entry
The city's representative(s) shall have the right to enter the premises of
any person to determine whether that person is in compliance with all
requirements of this article. Persons shall allow inspecting or monitoring
personnel ready access to all parts of the premises for the purposes of
inspection, monitoring, records examination and copying, and the
performance of any additional duties. Any information concerning a
requirement under this article, including, but not limited to water testing
Page 20 of 23
data, construction records, state registrations, environmental and closure
records, shall be made readily available upon request.
A. Where security measures are in force which requires proper
identification and clearance before entry into the premises, that
person shall make necessary arrangements with its security guards so
that, upon presentation of suitable identification, the city's
representative will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B . The city's representatives shall have the right to set up on
any person's property such devices as are necessary to conduct
monitoring of any person's operations.
C. Unreasonable delays in allowing inspecting or monitoring
personnel access to any person's premises shall be a violation of this
article.
Section 15-15-10. Punishment - For violations; Other Remedies
A. Any person, firm, or corporation who violates any
provision of this article or any permit issued under this article is
guilty of a misdemeanor and upon conviction is punishable by a fine
not to exceed two thousand dollars ($2,000.00) for violations of
public health for each act of violation and for each day of violation.
B. In addition to proceeding under authority of subsection (a)
of this Section, the City is entitled to pursue all criminal and civil
remedies to which it is entitled under authority of statutes or other
ordinances against a person, firm, or corporation that remains in
violation of this article.
C. The City may disconnect the water service for violation of
this article.
D . The City may issue a stop work order for violation of this
article.
Section 15-15-11. Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The
Regulatory Authority may take any, all, or any combination of the actions
described in this article against a noncompliant user.
Page 21 of 23
Section 15-15-12. Right of Revision
The Regulatory Authority reserves the right to establish, by ordinance
more stringent standards or requirements on discharges to the MS4 and by
RCRA.
Section 15-15-13. Search Warrants
If the Regulatory Authority has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this ordinance,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the city designed to verify compliance
with this ordinance or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then the
Regulatory Authority may seek issuance of a search warrant in accordance
with law from the appropriate court.
Section 15-15-14. Responsibility for Cleanup Costs, Damages
A. Any person responsible for the depositing or discarding of
any material prohibited by this article upon any sidewalk, alley,
street, bridge, public passageway, drain, gutter, water body, MS4, or
other public or private property shall be responsible for any costs
associated with the cleaning up or removal and disposal of such
materials. Such person shall also be responsible for reimbursing the
City for any costs/damages incurred by the City. These
costs/damages may include, but are not limited to, manpower,
equipment, supplies, analytical costs, disposal costs, consultants,
private contractors, street/utility repairs, and repairs to components
of the MS4. The City Manager is hereby authorized to direct the City
Attorney to file such claims, lawsuits, and/or liens as necessary to
collect such costs/damages.
B. The city or its agents shall have the right to enter any
property and take immediate action to abate any threats to human
health or the environment. Anytime the city or its agents abates a
nuisance or violation of this article, the owner of such premise shall
be responsible for any costs associated with said activities. Such
person shall also be responsible for reimbursing the City for any
costs/damages incurred by the City.
Page 22 of 23
C . In the event that an owner shall have an emergency
condition, the Fire Chief, the Director of Engineering, or their
designees, may enter upon such premises and may do such work as
necessary, or cause the same to be done, to abate the condition in
order that the premises may comply with the requirements of this
article. For the purposes of this Section, "emergency condition" shall
be defined as any condition or conditions which are, or reasonably
could be, an immediate threat to the health, safety or welfare of the
citizens of the city or to the environment. A statement of the cost
incurred by the City to abate such condition shall be mailed to the
owner of the premises and such statement shall be paid within thirty
(30) days of the date of the mailing of the statement of costs.
Section 15-15-15. Administrative Liability
A. No officer, agent, or employee of the City shall be
personally liable for any damage that may accrue to persons or
property as a result of any act required or permitted in the discharge
of such person’s duties under this article.
B . Any suit brought against any officer, agent, or employee of
the City as a result of any act required or permitted in this discharge
of such duties under this article shall be defended by the City
Attorney until the final determination of the proceedings therein.
Section 15-15-16. Related Ordinances
In addition to this ordinance the City of Coppell has other ordinances,
regulations and standards and specifications directly or indirectly
pertaining to drainage and storm sewer facilities and design requirements.
These include but are not limited to the following: City of Coppell Zoning
Ordinance; City of Coppell Subdivision Ordinance; City of Coppell
Erosion and Sedimentation Control Ordinance; City of Coppell Park,
Recreation and Open Space Master Plan; City Wide Storm Water
Management Study; City of Coppell Comprehensive Plan, and related
standards among others. Developers, builders, engineers, residents and
others involved with new construction, development or maintenance of
lands in the City of Coppell should refer to these documents and to the
Code of Ordinances of the City of Coppell, Texas for additional
requirements and information concerning storm water drainage facilities.”
Page 23 of 23
SECTION 2.
All ordinances of the City of Coppell in conflict with the provisions of this ordinance
shall be, and the same are hereby, repealed; provided, however, that all other provisions
of said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 3.
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 4.
This ordinance shall take effect immediately from and after its passage and publication of
the caption as required by law.
DULY PASSED by the City Council of the City of Coppell, Texas, on the
______ day of _____________, 2012.
APPROVED:
______________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
ROBERT E. HAGER, CITY ATTORNEY
Date: July 10, 2012
From: Mindi Hurley, Economic Development Coordinator
RE: AD Amberpoint 300, LLC – Public Hearing and Ordinance
AD Amberpoint 300, LLC will construct a 300,000 square foot speculative warehouse
building on 19.36 acres located at 350 Northpoint Drive. AD Amberpoint 300, LLC is
actively working to attract tenants to their proposed building, and incentives will help in
the initial leasing of their space. The Economic Development Committee unanimously
recommended approval of a 75% abatement of real property for AD Amberpoint 300,
LLC for a period of 5 years at their March 2012 meeting.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In
order to create a reinvestment zone by ordinance, a public hearing must be held. This
item satisfies both of those requirements. The public hearing is held to determine if the
improvements in the zone are feasible, practical and of benefit to the land. The public
hearing notice was published in the Citizens’ Advocate on Friday, June 29, 2012, as
required by Chapter 312 of the Texas Property Code. The 19.36 acre tract of land
included within the boundaries of Reinvestment Zone #71is located north of Northpoint
and east of Royal Lane. The legal description for the property is Lot 2R-3, Block A of
the Amberpoint Business Park at Coppell.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 10th day of July, 2012,
at 7:30 P.M., to consider designation of the property described as
Lot 2R-3, Block A, Amberpoint Business Park at Coppell (19.36
acres), located on the NEC of Royal Lane and Northpoint, Coppell,
Texas, AD Amberpoint 300, LLC as a Reinvestment Zone under Chapter
312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate June 29, 2012
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with
the Americans With Disabilities Act of 1990. Thus, in order to
assist individuals with disabilities who require special services
(i.e., sign interpretative services, alternative audio/visual
devices, and amanuenses) for participation in or access to the
City of Coppell sponsored public programs, services and/or
meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled
program, service and/or meeting. To make arrangements, contact
Vivyon V. Bowman, ADA Coordinator or other designated official at
(972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989).
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DESIGNATING REINVESTMENT ZONE NO. 71 (AD AMBERPOINT 300,
LLC); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention
or expansion of primary employment, or to attract major investment in the zone that will be of
benefit to the property and contribute to the economic development of the City. The City Council
further finds that the improvements sought are feasible and practicable and would be of benefit to
the land to be included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby
designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone
No. 71 AD AMBERPOINT 300, LLC”.
2
SECTION 3. The property within Reinvestment Zone No. 71 is eligible for commercial-
industrial tax abatement effective on January 1, 2012.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with
the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2012.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:04-23-12:TM 55058)
3
Exhibit “A”
(Legal Description of Land)
Lot 2R-3, Block A of the Amberpoint Business Park at Coppell (19.36 acres).
Date: July 10, 2012
From: Mindi Hurley, Economic Development Coordinator
RE: AD Amberpoint 300, LLC - Resolution
AD Amberpoint 300, LLC will construct a 300,000 square foot speculative warehouse
building on 19.36 acres located at 350 Northpoint Drive. Reinvestment Zone No. 71 will
be created for AD Amberpoint 300, LLC by ordinance on July 10, 2012. The resolution
and abatement that coincide with that reinvestment zone will grant a 75%, 5 year tax
abatement on real property.
1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS, AND AD AMBERPOINT 300, LLC;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas, and AD Amberpoint 300, LLC, a copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community
through a combination of new capital investment, increased sales tax revenues, and the creation
of additional job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
2
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Agreement is located, a written notice
that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the
City Manager included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved
by the affirmative vote of the majority of the members of the City Council of the City of
Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2012.
CITY OF COPPELL, TEXAS
___________________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:04-23-12:TM 55056)
3
Exhibit “A”
(copy of Tax Abatement Agreement
to be attached)
Page 1 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of
Coppell, Texas (the “City”), and AD Amberpoint 300, LLC, a Texas Limited Liability Company
(the “Owner”), acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 71 (the “Zone”),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner owns or is under contract to purchase approximately 19.36 acres of
land at 350 Northpoint Drive, Coppell, Texas, being further described in Exhibit “A” (“Land”), and
intends to construct a warehouse and distribution building containing approximately 300,000 square
feet of space (hereinafter defined as the “Improvements”) on the Land; and
WHEREAS, Owner’s development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the
other terms hereof are consistent with encouraging development of the Zone in accordance with the
purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance
adopted by the City, the Tax Code and all other applicable laws; and
Page 2 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the Parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s
existence as a going business, insolvency, appointment of receiver for any part of a party’s
property and such appointment is not terminated within ninety (90) days after such appointment
is initially made, any general assignment for the benefit of creditors, or the commencement of
any proceeding under any bankruptcy or insolvency laws by or against such party, and such
proceeding is not dismissed within ninety (90) days after the filing thereof.
“Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in
which the Tax Abatement Agreement is executed.
“City” shall mean the City of Coppell, Texas.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits
for the construction of the Improvements, on the Land pursuant to the respective plans therefore
having been issued by all applicable governmental authorities; and (iii) grading of the Land or
the construction of the vertical elements of the Improvements has commenced.
“Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) a final certificate of occupancy has been issued for the Improvements.
“Effective Date” shall mean the last date of execution of this Agreement, unless the
context indicates otherwise.
Page 3 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of Completion of Construction.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by
acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
“Improvements” shall mean a warehouse and distribution building containing
approximately 300,000 square feet of space to be constructed on the Land and other ancillary
facilities such as reasonably required parking and landscaping more fully described in the submittals
filed by Owner with the City, from time to time, in order to obtain a building permit(s).
“Land” means the real property described in Exhibit “A”.
“Owner” shall mean AD Amberpoint 300, LLC, a Texas Limited Liability Company.
“Premises” shall mean collectively, the Land and Improvements following construction
thereof.
“Related Agreement” shall mean any other agreement by and between the City and the
Owner, its parent company, and any affiliated or related entity owned or controlled by the
Owner, or its parent company, relating to the Land and the Improvements.
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
General Provisions
2.1 Owner is the owner of the Land, or is under contract to purchase the Land, which
Land is located within the city limits of the City and within the Zone. Owner intends to construct
the Improvements on the Land.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
2.4 The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
Page 4 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that it is in compliance with each term of the Agreement.
2.6 The Land and the Improvements constructed thereon at all times shall be used in the
manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements, excluding the Land, is at least Eight Million Dollars ($8,000,000.00)
as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this
Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of
the Taxable Value of the Improvements for a period of five (5) consecutive years, beginning with
the First Year of Abatement. The actual percentage of Taxable Value of the Improvements subject
to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable
Value of the Improvements that exceeds the Base Year Taxable Value.
3.3 The period of tax abatement herein authorized shall be for a period of five (5)
consecutive years.
3.4 During the period of tax abatement herein authorized, Owner shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on land.
3.5 The Owner agrees to continuously own the Premises for a period of at least five
(5) years beginning with the First Year of Abatement.
3.6 Fee Waivers. The City agrees to waive fifty percent (50%) of building permit
fees for the development of the Improvements assessed against the Land, which shall be
refunded to the Owner following completion of the related portion of the Improvements in
accordance with City policy, for the period beginning on the Effective Date and continuin g until
the Expiration Date.
3.7 The term of this Agreement shall begin on the Effective Date and shall continue
until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of
Abatement, unless sooner terminated as provided herein.
Page 5 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
Article IV
Improvements
4.1 Owner owns or is under contract to purchase the Land and intends to construct or
cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate
Owner to construct the Improvements on the Land, but said actions are conditions precedent to tax
abatement for such Parties pursuant to this Agreement.
4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur within ninety (90) days after the Effective date and
subject to events of Force Majeure to cause Completion of Construction of the Improvements to
occur within twelve (12) calendar months after the Effective Date, as good and valuable
consideration for this Agreement, and that all construction of the Improvements will be in
accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof).
4.3 Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for
all purposes.
4.4 Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.5 The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Owner, and in accordance with visitor access and security policies of the Owner, in order to insure
that the construction of the Improvements are in accordance with this Agreement and all applicable
state and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event Owner fails to cause Completion of Construction of the Improvements
in accordance with this Agreement or in accordance with applicable State or local laws, codes or
regulations, or in the event the Owner: (i) has delinquent ad valorem or sales taxes owed to the City
(provided Owner retains its right to timely and properly protest such taxes or assessment); (ii) has an
event of Bankruptcy or Insolvency; or (iii) breaches any of the terms and conditions of this
Agreement, or a Related Agreement, then Owner, after the expiration of the notice and cure periods
described below, shall be in default of this Agreement. As liquidated damages in the event of such
default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which
otherwise would have been paid by the Owner to the City without benefit of a tax abatement for the
property the subject of this Agreement at the statutory rate for delinquent taxes as determined by
Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that
actual damages in the event of default termination would be speculative and difficult to determine.
The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall
Page 6 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against
the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after
notice of termination.
5.2 Upon breach by Owner of any of the obligations under this Agreement, the City
shall notify Owner in writing, who shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
5.3 If the Owner fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City, at its sole option, shall have the right to
terminate this Agreement by providing written notice to the Owner.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and
payable not later than thirty (30) days after a notice of termination is provided. The City shall have
all remedies for the collection of the abated tax provided generally in the Tax Code for the
collection of delinquent property tax. The City at its sole discretion has the option to provide a
repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be
based upon the full Taxable Value of the Improvements without tax abatement for the years in
which tax abatement hereunder was received by the Owner, as determined by the Appraisal District,
multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector.
The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence
to accrue after expiration of the thirty (30) day payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of the Owner, pursuant to the Tax Code, to file an annual
exemption application form for the Party’s respective property with the Chief Appraiser for each
Appraisal District in which the eligible taxable property has situs. A copy of the respective
exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
The Owner shall annually render the value of the Improvements to the Appraisal District,
and shall provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
Page 7 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
mail, return receipt requested, addressed to the Party at the address set forth below or on the day
actually received if sent by courier or otherwise hand delivered:
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
If intended for Owner, to:
Attn: Rob Huthnance
Avera Companies
2301 Cedar Springs, Suite 350
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement shall be governed by the laws of the State of Texas
without regard to any conflict of law rules. Exclusive venue for any action under this Agreement
shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the
personal and subject matter jurisdiction of said court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties
and relating to the matters in this Agreement, and except as otherwise provided herein cannot be
modified without written agreement of the Parties to be attached to and made a part of this
Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
Page 8 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned by the Owner without the prior
written consent of the City Manager, which consent shall not be unreasonably withheld,
conditioned or delayed.
8.10 Employment of Undocumented Workers. During the term of this Agreement, the
Owner agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Owner shall repay the taxes abated herein, the
Fee Waiver, and any other funds received by the Owner from the City as of the date of such
violation within 120 days after the date the Owner is notified by the City of such violation, plus
interest at the rate of 6% compounded annually from the date of violation until paid.
8.11 Right of Offset. The City may at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the
Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or
otherwise and regardless of whether or not the debt due the City has been reduced to judgment
by a court.
(Signature page to follow)
Page 9 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
EXECUTED in duplicate originals the ____ day of _______________, 2012.
CITY OF COPPELL, TEXAS
By: ______________________________________
Karen Selbo Hunt, Mayor
Attest:
By: _______________________________________
Christel Pettinos, City Secretary
Agreed as to Form:
By:_______________________________
City Attorney
EXECUTED in duplicate originals the ____ day of _______________, 2012.
AD AMBERPOINT 300, LLC
By:_______________________________________
Rob Huthnance, _______________
Page 10 Tax Abatement Agreement
City of Coppell and AD Amberpoint 300, LLC (TM 55053)
Exhibit “A”
(Legal Description of Land)
Lot 2R-3, Block A of the Amberpoint Business Park at Coppell (19.36 acres).
Date: July 10, 2012
From: Mindi Hurley, Economic Development Coordinator
RE: Geoforce, Inc. – Economic Development Incentive Agreement
Geoforce, Inc. is a technology services company that provides a ‘turnkey’ solution for
GPS-based tracking of oilfield equipment to over 250 companies on 6 continents. The
company is rapidly growing and needs to relocate to a larger facility. Geoforce is looking
to relocate from Lewisville and lease 6,420 square feet of space at 750 Canyon Drive.
This location will house the company’s corporate headquarters. Geoforce employs 30
people, and the founder is a Coppell resident.
This Economic Development Incentive Agreement grants a 5 year, 50% rebate of the 1%
sales and use tax imposed by the City pursuant to Chapter 321 of the Texas Tax Code on
the sale of taxable items by Geoforce, Inc. in the City of Coppell.
Page 1 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This Economic Development Incentive Agreement (“Agreement”) is made by and
between the City of Coppell, Texas (the “City”), and Geoforce, Inc., a Texas corporation
(“Company”), acting by and through their respective authorized officers.
W I T N E S S E T H:
WHEREAS, the Company has leased or intends to lease approximately 6,420 square feet
of office space in the building located at 750 Canyon Drive, Coppell, Texas for its corporate
headquarters specializing in software development and hardware engineering (hereinafter described
as the “Leased Premises”), for a period of at least five (5) years (hereinafter defined as the “Lease”);
and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to continue to occupy the Leased Premises and to retain its existing
operations at the Leased Premises would be an agreement by the City to provide an economic
development grant to the Company as set forth herein; and
WHEREAS, the City has adopted programs for promoting economic development and
this Agreement and the economic development incentives set forth herein are given and provided
by the City pursuant to and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and Chapter
380.001 of the Texas Local Government Code to provide economic development grants to
promote local economic development and to stimulate business and commercial activity in the
City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement is in accordance with the City Economic
Development Program and will: (i) further the objectives of the City; (2) benefit the City and the
City’s inhabitants; and (iii) promote local economic development and stimulate business and
commercial activity in the City;
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Page 2 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
Article I
Term
This Agreement shall be effective on the last date of execution hereof (“Effective Date”)
and shall continue until the Expiration Date, unless sooner terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
“Annual Grants” shall mean five (5) annual grants each in the amount equal to fifty
percent (50%) of the Sales Tax Receipts for the applicable Grant Period, to be paid to the
Company as set forth herein. The amount of each Annual Grant shall be computed by
multiplying the Sales Tax Receipts received by the City by the stated percentage for the
given Grant Period, less an administrative fee charged to the City by the State of Texas.
“Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s
existence as a going business, insolvency, appointment of receiver for any part of such
party’s property and such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against
such party and such proceeding is not dismissed within ninety (90) days after the filing
thereof.
“City” shall mean the City of Coppell, Texas.
“Commencement Date” shall mean the first day of the first calendar month
following the date the City issues a certificate of occupancy of the Leased Premises for
the Company.
“Company” shall mean Geoforce, Inc., a Texas corporation.
“Consummated” shall have the same meaning assigned by Texas Tax Code,
Section 321.203, or its successor.
“Expiration Date” shall mean April 1 of the calendar year immediately following
the end of the fifth (5th) Grant Period.
“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, government or de facto governmental action (unless caused by the
Page 3 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes,
slowdowns or work stoppages.
“Grant Period” shall mean a full calendar year, except that the first Grant Period
shall be from January 1 of the calendar year following the Commencement Date through
and including the following December 31 of that calendar year.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes,
charges, excises, license and permit fees, and other charges by public or governmental
authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which
are or may be assessed, charged, levied, or imposed by any public or governmental
authority on the Company or any property or any business owned by Company within the
City.
“Lease” shall mean the lease of the Leased Premises by Company for a period of
not less than five (5) years commencing on the Lease Inception Date.
“Lease Inception Date” shall mean the Commencement Date of the lease term
under the Lease, but no later than October 1, 2012.
“Leased Premises” shall mean approximately 6,420 square feet of office space in
the building located at 750 Canyon Drive, Coppell, Texas.
“Payment Request” shall mean a written request from Company to the City for
payment of the applicable Annual Grant accompanied by the Sales Tax Certificate for the
applicable Grant Period.
“Related Agreement” shall mean any other agreement by and between the City and
the Company, or any of its affiliated or related entities, relating to the Leased Premises.
“Required Use” shall mean the Company’s continuous lease and occupancy of the
Leased Premises as Company’s corporate headquarters for its software development and
hardware engineering business open to the public.
“Retailers” shall mean the Company and tenants within the Leased Premises
required by the State of Texas to collect Sales and Use Tax.
“Sales and Use Tax” shall mean the one percent (1%) sales and use tax imposed
by the City pursuant to Chapter 321, Texas Tax Code on the sale of Taxable Items by the
Retailers Consummated in the City at the Leased Premises.
“Sales Tax Certificate” shall mean a report provided by the State of Texas to the
City in accordance with Texas Tax Code, Section 321.3022 (or other applicable provision
of the Texas Tax Code), which lists the amount of Sales and Use Tax paid (including any
Page 4 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
refunds, credits or adjustments) received by the City from the State of Texas from the sale
of Taxable Items by the Retailers Consummated at the Leased Premises for the applicable
Grant Period, or if such report is not available, a certificate or other statement, containing
the information required as set forth herein, in a form provided by the Company
reasonably acceptable to the City setting forth the collection of Sales and Use Tax
(including any refunds, credits or adjustments) by the Company received by the City from
the State of Texas, for the sale of Taxable Items by the Retailers Consummated at the
Leased Premises for the applicable Grant Period, which are to be used to determine
eligibility of the Company for the Annual Grants, together with such supporting
documentation required herein, and as the City may reasonably request.
“Sales Tax Receipts” shall mean the City’s receipts from the State of Texas from
the Retailers’ collection of the Sales and Use Tax (it being expressly understood that the
City’s one percent (1%) sales and use tax receipts are being used only as a measurement
for its participation through the use of general funds), as a result of sale of Taxable Items
by Retailers for the applicable Grant Period consummated at the Leased Premises. Sales
Tax Receipts do not include any sales and use tax imposed by City for the benefit of the
Coppell Recreation Development Corporation, pursuant to the Development Corporation
Act, Chapters 501-505 of the Texas Local Government Code, or sales and use tax
imposed by the City for crime control or street maintenance.
“State of Texas” shall mean the Office of the Texas Comptroller, or its successor.
“Taxable Items” shall mean both “taxable items” and “taxable services” as those
terms are defined by Chapter 151, Texas Tax Code, as amended.
Article III
Economic Development Grant
3.1 Annual Grants. (a) Subject to the Required Use and continued satisfaction of all the
terms and conditions of this Agreement and the obligation of the Company to repay the Annual
Grants pursuant to Article V hereof, the City agrees to provide the Company with five (5) Annual
Grants, each in an amount equal to fifty percent (50%) of the Sales Tax Receipts for the applicable
Grant Period. The Annual Grants shall be paid within ninety (90) days after receipt of a Payment
Request following the end of the applicable Grant Period. Each Payment Request shall be
submitted to the City not later than sixty (60) days immediately following the end of the applicable
Grant Period. If the Company fails to timely submit the Payment Request for any applicable Grant
Period the Company shall forfeit the Annual Grant for such Grant Period. For illustration purposes
only, assume the Commencement Date is September 15, 2012, in which case the first Grant Period
would begin January 1, 2013, through and including December 31, 2013, the Payment Request for
the first Grant Period would be submitted to the City by the Company within sixty (60) days after
December 31, 2013, and the first Annual Grant would be paid within ninety (90) days after end of
the first Grant Period provided the Company has provided the Payment Request. The amount of the
Page 5 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
first Annual Grant shall be equal to fifty percent (50%) of the Sales Tax Receipts for the period
beginning January 1, 2013, through and including December 31, 2013.
(b) Adjustment Notification. The Company shall promptly notify the City in writing
of any adjustments found, determined or made by the Retailers, the State of Texas or by an audit
that results, or will result, in either a refund or reallocation of Sales Tax Receipts or the payment
of Sales and Use Tax or involving amounts reported by the Company as subject to this
Agreement. Such notification shall also include the amount of any such adjustment in Sales and
Use Tax or Sales Tax Receipts. The Company shall notify the City in writing within ninety (90)
days after receipt of notice of the intent of the State of Texas, to audit the Company, its Affiliates
and/or its customers. Such notification shall also include the period of such audit or
investigation.
(c) Adjustments. In the event the Retailers files an amended sales and use tax return,
or report with the State of Texas, or if additional Sales and Use Tax is due and owing by the
Company to the State of Texas, as determined or approved by the State of Texas, affecting Sales
Tax Receipts for a previous Grant Period, then the Annual Grant payment for the Grant Period
immediately following such State of Texas approved amendment shall be adjusted accordingly
(i.e., up or down, depending on the facts) provided the City has received Sales Tax Receipts
attributed to such adjustment. As a condition precedent to payment of such adjustment, the
Company shall provide the City with a copy of any such amended sales and use tax report or
return, and the approval thereof by the State of Texas. Copies of any amended sales and use tax
return or report or notification from the State of Texas that additional Sales and Use Tax is due
and owing by the Retailers to the State of Texas, as determined by the State of Texas, affecting
Sales Tax Receipts for a previous Grant Period shall be provided to the City with the Payment
Request for the next Grant Period.
(d) Refunds and Underpayments of Grants. In the event the State of Texas determines
that the City erroneously received Sales Tax Receipts, or that the amount of Sales and Use Tax paid
to the Company exceeds (or is less than) the correct amount of Sales and Use Tax for a previous
Grant Period, for which the Company has received an Annual Grant, the Company shall, within
sixty (60) days after receipt of notification thereof from the City specifying the amount by which
such Annual Grant exceeded the amount to which the Company was entitled pursuant to such State
of Texas determination, adjust (up or down, depending on the facts) the amount claimed due for the
Annual Grant payment for the Grant Period immediately following such State of Texas
determination. If the Company does not adjust the amount claimed due for the Annual Grant
payment for the Grant Period immediately following such State of Texas determination the City
may, at its option, adjust the Annual Grant payment for the Grant Period immediately following
such State of Texas determination. If the adjustment results in funds to be paid back to the City, the
Company shall repay such amount to the City within sixty (60) days after receipt of such State of
Texas determination. As a condition precedent to payment of such refund, the City shall provide
Company with a copy of such determination by the State of Texas. The provisions of this Section
shall survive termination of this Agreement.
Page 6 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
(e) Grant Payment Termination; Suspension. This payment of Annual Grants shall
terminate on the effective date of determination by the State of Texas or other appropriate agency or
court of competent jurisdiction that the Leased Premises are not a place of business resulting in
Sales and Use Taxes being due the City from the sale of Taxable Items by the Retailers at the
Leased Premises. In the event the State of Texas seeks to invalidate the Leased Premises as a place
of business where Sales and Use Tax was properly remitted to the State of Texas (the “Comptroller
Challenge”) the payment of Annual Grants by the City hereunder shall be suspended until such
Comptroller Challenge is resolved in whole favorably to the City. In such event, the Company shall
not be required to return or refund Annual Grants previously received from the City provided the
Company is actively defending against and/or contesting the Comptroller Challenge and Company
promptly informs the City in writing of Company’s actions and with copies of all documents and
information related thereto. In the event the Comptroller Challenge is not resolved favorably to the
City and/or in the event the State of Texas determines that the Leased Premises are not a place of
business where the Sales and Use Tax was properly remitted to the State of Texas, and Sales and
Use Tax Receipts previously paid or remitted to the City relating to the Leased Premises are
reversed and required to be repaid to the State of Texas, then the obligation to pay the Annual
Grants shall terminate and the Company shall refund all Annual Grants received by the Company
from the City that relate to the Comptroller Challenge, which refund shall be paid to the City within
forty-five (45) days of the date that the Comptroller Challenge required the City to repay Sales and
Use Tax Receipts.
3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from
lawfully available funds that have been appropriated by the City. Under no circumstances shall
City’s obligations hereunder be deemed to create any debt within the meaning of any
constitutional or statutory provision. The Annual Grant shall be paid solely from annual
appropriations from the general funds of the City or from such other funds of the City as may be
legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas
Constitution. Further, City shall not be obligated to pay any commercial bank, lender or similar
institution for any loan or credit agreement made by Company. None of the City’s obligations
under this Agreement shall be pledged or otherwise encumbered in favor of any commercial
lender and/or similar financial institution.
3.3 Grant Limitations. Under no circumstances shall the obligations of the City
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision; provided; however, City agrees during the term of this Agreement to make a good
faith effort to appropriate funds each year to pay the Grants for the then ensuing fiscal year.
Further, the City shall not be obligated to pay any commercial bank, lender or similar institution
for any loan or credit agreement made by the Company. None of the obligations of the City
under this Agreement shall be pledged or otherwise encumbered by the Company in favor of any
commercial lender and/or similar financial institution.
3.4. Indemnification. THE COMPANY AGREES TO DEFEND, INDEMNIFY AND
HOLD THE CITY, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES
(COLLECTIVELY THE “CITY”) HARMLESS FROM AND AGAINST ANY AND ALL
Page 7 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS,
ATTORNEY FEES, COSTS, EXPENSES, AND ANY CAUSE OF ACTION THAT
DIRECTLY RELATES TO ANY OF THE FOLLOWING: ANY CLAIMS OR DEMANDS BY
THE STATE OF TEXAS THAT THE CITY HAS BEEN ERRONEOUSLY OR OVER-PAID
SALES AND USE TAX FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT
AS THE RESULT OF THE FAILURE OF THE COMPANY TO MAINTAIN A PLACE OF
BUSINESS AT THE PROPERTY OR IN THE CITY, OR AS A RESULT OF ANY ACT OR
OMISSION OR BREACH OR NON-PERFORMANCE BY COMPANY UNDER THIS
AGREEMENT EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE ACTIONS OR OMISSIONS OF THE
CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE
PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT BEING
THE INTENTION OF THE PARTIES THAT THE COMPANY SHALL BE RESPONSIBLE
FOR THE REPAYMENT OF ANY ANNUAL GRANTS PAID TO THE COMPANY HEREIN
THAT INCLUDES SALES AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS
DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED, OR ALLOCATED TO THE
CITY.
Article IV
Conditions to Annual Grants
The obligation of the City to pay the Annual Grants shall be conditioned upon the
compliance and satisfaction by the Company of the terms and conditions of this Agreement and
each of the conditions set forth in Article IV.
4.1 Payment Request. The Company shall, as a condition precedent to the payment of
each Annual Grant, provide the City with the applicable Payment Request.
4.2 Good Standing. The Company shall not have an uncured breach or default of this
Agreement, or a Related Agreement.
4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant
hereunder, City shall have received a Sales Tax Certificate for the applicable Grant Period for
which payment of an Annual Grant is requested. Beginning April 1 of the calendar year
immediately following the first Grant Period and continuing on April 1 of each calendar year
thereafter that this Agreement is in effect, the Company shall provide the City with a Sales Tax
Certificate for the applicable Grant Period. The City shall have no duty to calculate the Sales
Tax Receipts or determine the entitlement of the Company to any Annual Grant, or pay any
Annual Grant during the term of this Agreement until such time as Company has provided the
City a Sales Tax Certificate for the applicable Grant Period. The City may but is not required to
provide Company with a form for the Sales Tax Certificate required herein. At the request of the
City, the Company shall provide such additional documentation as may be reasonably requested
by City to evidence, support and establish the Sales and Use Tax paid and collected (including
Page 8 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
sales and use tax paid directly to the State of Texas pursuant to a direct payment permit) by
Company for the sale of Taxable Items by Retailers Consummated at the Leased Premises and
received by City from the State of Texas. The Sales Tax Certificate shall at a minimum contain,
include or be accompanied by the following:
a. A schedule detailing the amount of the Sales and Use Tax collected and paid to
the State of Texas as a result of the sale of Taxable Items by Retailers
Consummated at the Leased Premises for the previous ending Grant Period;
b. A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Company for the previous ending Grant Period
showing the Sales and Use Tax collected (including sales and use tax paid directly
to the State of Texas pursuant to a direct payment certificate) by Company for the
sale of Taxable Items Consummated at the Leased Premises;
c. A copy of all direct payment and self-assessment returns, including amended
returns, filed by Company for the previous ending Grant Period showing the Sales
and Use Tax paid for the sale of Taxable Items by Retailers Consummated at the
Leased Premises;
d. Information concerning any refund or credit received by Company of the Sales or
Use Taxes paid or collected by Company (including any sales and use tax paid
directly to the State of Texas pursuant to a direct payment permit) which has
previously been reported by Company as Sales and Use Tax paid or collected; and
e. A schedule detailing the total sales of Taxable Items by Retailers Consummated at
the Leased Premises for the previous ending Grant Period.
City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax
Certificate.
4.4 Minimum Sales Tax Receipts. As a condition precedent to the payment of each
Annual Grant hereunder, City shall have received Sales Tax Receipts of at least Twenty-five
Thousand Dollars ($25,000.00) for the applicable Grant Period. The required Minimum Sales
Tax Receipts are not achieved for a given Grant Period the Company shall forfeit the Annual
Grant for such Grant Period but such failure shall not be an event of default subject to
termination and recapture as provided in Article V hereof.
4.5 Required Use. During the period beginning on the Effective Date and continuing
until the Expiration Date, the Leased Premises shall not be used for any purpose other than the
Required Use, and the operation of the Leased Premises in conformance with the Required Use
shall not cease for more than thirty (30) continuous days except in connection with, and to the
extent of an event of Force Majeure.
Page 9 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
4.6 Continuous Lease and Occupancy. The Company shall, beginning on the
Effective Date and continuing thereafter until the Expiration Date, continuously lease and occupy
the Leased Premises.
4.7 Lease. The Company shall have entered into the Lease on or before October 1, 2012,
and the Company shall occupy the Leased Premises on or before December 1, 2012, but no later
than the Lease Inception Date.
Article V
Termination; Repayment
5.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) Expiration Date;
(c) by either party in the event the other party breaches any of the terms or
conditions of this Agreement, or a Related Agreement, and such breach is
not cured within thirty (30) days after written notice thereof;
(d) by City, if Company suffers an Event of Bankruptcy or Insolvency;
(e) by City, if any Impositions owed to the City or the State of Texas by
Company shall become delinquent (provided, however the Company retains
the right to timely and properly protest and contest any such Impositions); or
(f) by either party, if any subsequent Federal or State legislation or any
decision of a court of competent jurisdiction declares or renders this
Agreement invalid, illegal or unenforceable.
5.2 Repayment. In the event the Agreement is terminated by City at any time during
the Grant Periods pursuant to Section 5.1(c) (following an uncured breach by Company), (d), (e),
or (f) (provided such legislation or decision requires the repayment of the Annual Grants), the
Company shall immediately repay to the City an amount equal to the Annual Grants previously
paid by the City to the Company as of the date of such termination, plus interest at the rate
periodically announced by the Wall Street Journal as the prime or base commercial lending rate,
or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base
lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or
by any other New York money center bank selected by the City) as its prime or base commercial
lending rate, which shall accrue from the date of the first payment of the Annual Grants during
such period until paid.
5.3 Right of Offset. The City may, at its option, offset any amounts due and payable
under this Agreement against any debt (including taxes) lawfully due to the City from the
Company, regardless of whether the amount due arises pursuant to the terms of this Agreement
or otherwise and regardless of whether or not the debt due the City has been reduced to judgment
by a court.
Page 10 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and assigns of the parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed between the parties that the
Company, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes
of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the
Company’s failure to perform its obligations under this Agreement.
6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.4 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below or on the day
actually received if sent by courier or otherwise hand delivered.
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
If intended for Company:
Attn: Vincent Hsieh, CFO
Geoforce, Inc.
750 Canyon Drive, Suite 140
Coppell, Texas 75019
6.6 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
Page 11 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas without regard to any conflict of law rules. Exclusive venue for any action concerning 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.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
6.9 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 it is the intention of
the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or
unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable
and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 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 termination.
6.13 Successors and Assigns. This Agreement may not be assigned without the prior
written consent of the City Manager.
6.14 Employment of Undocumented Workers. During the term of this Agreement the
Company agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Annual
Grants and any other funds received by the Company from the City as of the date of such violation
within 120 business days after the date the Company is notified by the City of such violation, plus
interest at the rate of 6% compounded annually from the date of violation until paid. The Company
is not liable for a violation of this section in relation to any workers employed by a subsidiary,
affiliate, or franchisee of the Company or by a person with whom the Company contracts.
(Signature Page to Follow)
Page 12 Economic Development Incentive Agreement
City of Coppell and Geoforce, Inc. (TM 55531)
EXECUTED on this _______ day of _____________________, 2012.
CITY OF COPPELL, TEXAS
By:
Karen Selbo Hunt, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:
Peter G. Smith, City Attorney
EXECUTED this the _________ day of ______________________, 2012.
GEOFORCE, INC.
By:
Vincent Hsieh, CFO
1 TM 55061
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
APPROVING A BOUNDARY AND INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COPPELL AND THE CITY OF
CARROLLTON; PROVIDING FOR THE DEANNEXATION BY
THE CITY OF CARROLLTON AND ANNEXATION BY THE CITY
OF COPPELL; PROVIDING AN INTERTRANSITION PAYMENT
FOR GOVERNMENT SERVICES; AUTHORIZING ITS
EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell and the City of Carrollton negotiated a boundary
agreement to apportion of property currently located within the jurisdiction boundaries; and
WHEREAS, the location of said property makes difficult to provide services for the City of
Coppell in a cost efficient and adequate manner; and
WHEREAS, in the spirit of the governmental cooperation, the City Council of the City of
Coppell approved a Boundary and interlocal Agreement with the City of Carrollton agreeing to
annex certain areas into Coppell from the City of Carrollton.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CARROLLTON, TEXAS, THAT:
SECTION 1. The City Council of the City of Coppell does hereby approve the Boundary
and Interlocal Agreement with the City of Carrollton, which is attached hereto and incorporated
herein by reference as set forth in full, providing for the prospective annexation of certain property
into the City of Coppell; and payment of transitional government service fees, and authorizes the
Mayor to execute said agreement on the behalf of the City and to take those necessary for the
performance of such Agreement
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, THIS __ __ DAY OF ___ ___, 2012.
2 TM 55061
CITY OF COPPELL, TEXAS
___________________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/mpm)
3 TM 55061
Exhibit “A”
(copy of Tax Abatement Agreement
to be attached)
CITY OF COPPELL
RESOLUTION NO. __________
A RESOLUTION PROVIDING FOR AND AUTHORIZING THE
EXERCISE OF EMINENT DOMAIN BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS; PROVIDING FOR THE ACQUISITION BY
CONTRACT IN LIEU OF EMINENT DOMAIN OR BY EMINENT
DOMAIN OF REAL PROPERTY GENERALLY LOCATED AT 265 EAST
PARKWAY BOULEVARD, COPPELL, TEXAS, LOT 1, BLOCK A,
PRIMROSE ADDITION, AN ADDITION TO THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS WITHIN THE MUNICIPAL BOUNDARIES
OF COPPELL; DECLARING A PUBLIC NECESSITY EXISTS AND
FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND
CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING OF
IMPROVEMENTS AND LAND FOR CURRENT CITY STAFF AND
FUTURE SPACE REQUIREMENTS; PROVIDING FOR AN
ACQUISITION OF TITLE AND OFFER FOR JUST COMPENSATION
AND IF SUCH OFFER IS REFUSED, AUTHORIZING LEGAL COUNSEL
TO INSTITUTE NECESSARY PROCEEDINGS IN EMINENT DOMAIN
TO ACQUIRE THE PROPERTY FOR ACCESS PURPOSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Coppell (“City”) wishes to provide for the health and welfare of
its citizens; and
WHEREAS, the City is a home rule City with specific, enumerated powers to provide
for the health, safety and general welfare of its citizens; and
WHEREAS, it is hereby determined that there is a public necessity, and that a public use
and purpose for the welfare and convenience of the citizens requires the acquisition of title to
land and improvements vesting in the City, for the public purpose of use as city staff space to
house certain city departments and municipal functions; and
WHEREAS, the combination of staff function from other facilities into a single facility
would provide a more convenient venue to coordinate such governmental functions at a single
location for the benefit of its citizens; and
WHEREAS, the property described herein is contiguous and uniquely located to the
current town center and would provide an expedient expansion of staffing, services and
convenience for its citizens; and
WHEREAS, the City is authorized by state law and its Home Rule Charter to acquire
real property and pursuant to Chapter 251, TEX. LOCAL GOV’T CODE, to exercise the right or
Page 2 TM 55379
power of eminent domain for public purposes to acquire property, located inside outside the
municipality, where necessary for the purposes recited herein; and
WHEREAS, the City is authorized to acquire real property by consent or exercise the
power of eminent domain to acquire said access easement from those parcels of land more fully
described and depicted in Exhibit A, which are attached hereto and incorporated herein; and
WHEREAS, the parcel of land so described herein shall be appraised and the appropriate
steps shall be undertaken in accordance with the provisions of Chapter 21, TEX. PROPERTY CODE
to establish just compensation as provided therein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That the City Council finds that there is a public purpose to provide adequate
public facilities to provide government services as recited herein by acquiring real property
described herein, and the City Manager is hereby authorized and directed negotiate and acquire
the real property described herein at its fair market value and in accordance with the applicable
provisions of this Resolution.
Section 2. That a public necessity exists and public use and purpose for the public
welfare and convenience require the taking of improvements and land for current City staff and
future space requirements, by consolidating services and establishing a long term facility for the
public use by providing governmental services with right of use and/or title vesting in the City of
Coppell, Texas, in that certain tract or parcel of land containing approximately 1.4 acres of land,
more or less, in the name of the City of Coppell in, over and across the property described in
Exhibit A and depicted in Exhibit B, attached hereto and made a part hereof for all purposes.
Section 3. That the city council of the City of Coppell hereby finds that recitals herein
and that there is a public necessity and use and purpose required to acquire the access easement
and the size, scope, width and dimensions set forth herein and for the purposes stated in this
Resolution.
Page 3 TM 55379
Section 4. That an offer of a just and adequate compensation based on fair market value
shall be made for the 265 East Parkway Boulevard, Lot 1, Block A, Primrose Addition, an
addition to the City of Coppell, Dallas County Texas including damages to the remainder, if any.
Said offer to be based on an independent appraisal. The City Manager, or designee, is hereby
authorized and directed to make an offer for the acquisition of the title to the owner of the
property described herein.
Section 5. That in the event the offer described in Section 4 herein is refused or not
accepted by the owner of the property, the City Attorney is hereby authorized and directed on
behalf of the City to file the necessary eminent domain proceedings or suit, in accordance with
state law, and to take whatever action may be necessary against the owner and any other parties
having interest in the property to acquire a access easement for access purposes in the property
with such title vesting in the City of Coppell.
Section 6. That if it should be subsequently determined that additional parties other than
those named herein have an interest in said property then the City Attorney or designee is
authorized and directed to join said parties as defendants in said condemnation. If it is later
determined that there are any errors in the descriptions contained herein or if later surveys
contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have
such errors corrected or revisions made without the necessity obtaining City Council approval
authorizing condemnation of the corrected or revised property.
Section 7. That if for any reason any section, paragraph, subdivision, clause, phrase or
provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or
any other Resolution of the City of Coppell to which these rules and regulations relate.
Page 4 TM 55379
Section 8. That the City Council hereby finds and declares all precatory language herein
to be true and correct and approves and adopts the same herein as part of this Resolution.
Section 9. That this Resolution shall take effect on and after its adoption by the City
Council of the City of Coppell.
PASSED AND APPROVED this _____ day of ______________, 2012.
APPROVED:
__________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/mpm 7/3/12)