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CP 2012-08-14City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, August 14, 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 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order Executive Session (Closed to the Public) 1st Floor Conference Room 2.Section 551.072, Texas Government Code - Deliberation regarding Real Property. A.Discussion regarding the acquisition of real property located at 265 Parkway Blvd., Coppell, Texas. B.Discussion regarding property purchases and matters concerning property located at Northlake. Page 1 City of Coppell, Texas Printed on 8/10/2012 August 14, 2012City Council Meeting Agenda 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding an ordinance establishing Urban Residential District (RBN). B.Discussion and review of the written Investment Policy. C.Discussion regarding Boards and Commissions Interview Preferences. D.Discussion of Agenda Items. 2012 B&C Interview Calendar.pdf 2012 B&C Interview Preference List.pdf Attachments: Regular Session (Open to the Public) 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Citizens’ Appearance 7.Consent Agenda A.Consider approval of minutes:July 24, 2012 and July 30, 2012. Minutes from July 24, 2012.pdf Minutes from July 30, 2012.pdf Attachments: B.Consider approval of an Interlocal Purchasing Agreement between the City of Rowlett and the City of Coppell; and authorizing the Mayor to sign. Rowlett Memo.pdf ILA Rowlett Coppell.pdf Attachments: C.Consider approval of an Ordinance for Case No. PD-255-SF, Westhaven, a zoning change 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 and authorizing the Mayor to sign. Ordinance.pdf Exhibit A.pdf Exhibit B.pdf Exhibits C to F(10 pages).pdf Exhibit G (14 pages).pdf Attachments: D.Consider approval of an ordinance amending Chapter 15 of the Code of Page 2 City of Coppell, Texas Printed on 8/10/2012 August 14, 2012City Council Meeting Agenda Ordinances of the City of Coppell by adding Article 15-16, Contractor Registration, by adding Section 15-16-1, “Contractor Registration Policy,” Section 15-16-2, by adding a definition for Contractor and stating guideline exemptions, and Section 15-16-3, by establishing promulgated registration requirements; and authorizing the Mayor to sign. Contractor Registration Ordinance Memo.pdf Contractor Registration Ordinance Fee Schedule.pdf Contractor Registration Ordinance.pdf Attachments: E.Consider approval of the certification of the 2012 anticipated collection rate for the period of July 1, 2012 through June 30, 2013 and the amount of excess debt collections during the period of July 1, 2011 through June 30, 2012. Certification 2012.pdf 2012 Anticipated Memo.pdf Attachments: F.Consider approval of the annual review of the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code. Certification of Investment Policy 2013.pdf Investment Policy 2012.pdf Attachments: G.Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to Pretreatment Charges and Fees, Coppell City Code Miscellaneous fees, and Impact Fees and authorizing the Mayor to sign. Master Fee Memo.pdf Master Fee Resolution.pdf Attachments: End of Consent Agenda 8.PUBLIC HEARING: Consider approval of Case No. PD-229R2-LI, Minyard Addition, a zoning change request from PD-229-LI (Planned Development-229-Light Industrial) to PD-229R2-LI (Planned Development-229 Revision 2-Light Industrial), to amend the Detail Site Plan of Lot 4R, to allow the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces with a masonry screening wall on 6.9 acres of property located at 849 Freeport Parkway. Staff Report.pdf Site Plan, Landscape Plan and Renderings.pdf Attachments: 9.PUBLIC HEARING: Consider approval of Case No. PD-202R-TH-1, Villas of Lake Vista, PH Page 3 City of Coppell, Texas Printed on 8/10/2012 August 14, 2012City Council Meeting Agenda 2, a zoning change request from PD-202-TH-1 (Planned Development-202-Townhouse-1) to PD-202R-TH-1 (Planned Development-202 Revised-Townhouse-1), to amend the Detail Site Plan to allow 39 single-family lots and (5) five common area lots to replace 62 townhome lots and (8) eight common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard. Staff Report.pdf Detail Site Plan.pdf Landscape and Wall Plan.pdf Typical House Elevations.pdf Attachments: 10.Consider approval of Villas of Lake Vista, PH 2, Preliminary Plat, to allow 39 single-family lots and (5) five common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard. Staff Report.pdf Preliminary Plat.pdf Attachments: 11.Consider granting the Planning & Zoning Commission authority for final plat approval of Villas of Lake Vista PH 2, to allow 39 single-family lots and (5) five common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard. 12.PUBLIC HEARING: Consider approval of Case No. PD-200R3-SF-7, Petterson Addition, a zoning change request from PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12) to PD-200R3-SF-7 (Planned Development-200 Revision 3-Single Family-7), to allow the development of eight (8) residential lots and three (3) common area lots on 2.27 acres of property located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Appeal Letter.pdf Staff Report.pdf PD Conditions.pdf Site Plan.pdf Tree Survey.pdf Landscape Plan.pdf FenceWall&SignDetails.pdf Attachments: 13.PUBLIC HEARING: Consider approval of Case No. PD-250R3R-H, Old Town Addition (Main St) Entry Feature Sign, Lot 1RX, Block B, a zoning change request from PD-250R3-H (Planned Development-250 Revision 3-Historic) to PD-250R3R-H (Planned Development-250 Revision 3 Revised-Historic), Page 4 City of Coppell, Texas Printed on 8/10/2012 August 14, 2012City Council Meeting Agenda to establish a Detail Sign for the Entry Feature on 0.022 acres of property located at the southeast corner of Bethel Road and Main Street. Appeal Letter.pdf Staff Report.pdf Cover Sheet.pdf Sign Design.pdf Color Rendering .pdf Grain Elevator & Sign Location.pdf Attachments: 14.PUBLIC HEARING: Consider approval of Case No. PD-250R5-H, Old Town Addition (Main St) Retail/Office Cottages, Lots 2R-4R, Block A, a zoning change request from PD-250-H (Planned Development-250-Historic) to PD-250R5-H (Planned Development-250 Revision 5-Historic), to establish a Detail Site Plan for three (3) retail/office cottage buildings on three (3) separate lots on 0.35 acres of property located on the northwest corner of Main Street and Houston Street. Staff Report.pdf Lot 2R Renderings.pdf Lot 3R Renderings.pdf Lot 4R Renderings.pdf Site Plan.pdf Elevations Lot 2R.pdf Elevations Lot 3R.pdf Elevations Lot 4R.pdf Landscape Plan Lots 3R&4R.pdf Attachments: 15.PUBLIC HEARING: Consider approval of Case No. PD-250R6-H, Old Town Addition (Main St) Retail/Restaurant, Lot 1R, Block D, a zoning change request from PD-250-H (Planned Development-250-Historic) to PD-250R6-H (Planned Development-250 Revision 6-Historic), to establish a Detail Site Plan for a 5,034-square-foot retail/restaurant building on 0.19 acres of property located on the southwest corner of West Main Street and Houston Street. Staff Report.pdf Renderings.pdf Site Plan.pdf Elevations (2 Pages).pdf LandscapePlan.pdf Attachments: 16.PUBLIC HEARING: Consider approval of a text amendment to add Article 18A, Residential Page 5 City of Coppell, Texas Printed on 8/10/2012 August 14, 2012City Council Meeting Agenda Urban Neighborhood District (RBN), to the Zoning Ordinance (Section 12-18A of the Code of Ordinances). Staff Memo.pdf Pages 38 and 39 of 2030 Plan and Future Land Use Map.pdf Ordinance.pdf Attachments: 17.Consider approval of an Engineering Design Contract with Walter P. Moore and Associates to provide professional engineering design services for the Creekview Retaining Wall and Roadway Improvements; for an amount not to exceed $90,830.00; as provided for in CIP funds; and authorizing the City Manager to sign and execute all necessary documents. Engineering Design Contract Creekview Memo.pdf Engineering Design Contract Creekview Photos.pdf Engineering Design Contract Creekview Exhibits.pdf Engineering Design Contract Creekview Contract.pdf Attachments: 18.Consider approval of award of Bid #Q-0612-01 for the Tax 2011B street reconstruction project in the amount of $588,100.00 and approval of an incentive bonus amount of up to an additional $20,000.00 for a total award of $608,100.00 to CPS Civil for construction of Vanbebber Drive; and Tax 2010A in the amount of $1,135,632.25 and approval of an incentive bonus amount of up to an additional $40,000.00 for a total award of $1,175,632.25 to RKM Utilities for construction of Willow Springs Drive; as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. 1/4 cent Sales Tax Contract Award Memo.pdf 1/4 cent Sales Tax Contract Award Bid Tab.pdf 1/4 cent Sales Tax Contract Award Exhibits.pdf Attachments: 19.Consider approval of a development agreement between the City of Coppell and the Friends of Coppell Nature Park, for the construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign Staff Memo.pdf FCNP Development Agreement.pdf Attachments: 20.Consider approval of an Interlocal Cooperation and Development Agreement between the City of Coppell and the Coppell Independent School District for the acquisition and construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign. Staff Memo.pdf Agreement.pdf Attachments: 21.Consider approval to purchase the land and building at 265 Parkway Page 6 City of Coppell, Texas Printed on 8/10/2012 August 14, 2012City Council Meeting Agenda Blvd., Coppell, Texas, in the amount of $3,353,926.55, as provided for in the designated fund balance; and authorizing the City Manager to execute any necessary documents. Staff Memorandum.pdf Purchase Contract.pdf Attachments: 22.Consider approval of a Resolution expressing official intent to reimburse costs of City projects and paying legal and fiscal fees in connection with 255 and 265 Parkway Blvd., prior to the issuance of the bonds, and authorizing the Mayor to sign. Reimbursement Resolution.pdf Certificate for Resolution.pdf 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 ________________________ 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 10th day of August, 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 8/10/2012 COPPELL COUNCIL CALENDAR OF EVENTS OCTOBER 2012 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 Park Board Meeting Park Board Youth Interviews (5:30 pm) 2 Library Board Interviews 3 Economic Development Meeting Planning & Zoning Interviews 4 BOA Meeting National Night Out Library Board Youth Interviews (6pm) 5 8 9 City Council Meeting 10 Park Board Interviews 11 Library Board Meeting KCB Interviews 12 15 16 BOA Interviews 17 Economic Development Interviews 18 P&Z Meeting/ KCB Meeting KCB Youth Interviews (5:30pm) 19 22 23 City Council Meeting 24 25 26 Name _______________________________________________________ PLEASE INDICATE 4 CHOICES (e.g. 1, 2, 3 and 4) NAME OF BOARD/COMMISSION ___________ BOARD OF ADJUSTMENT Date: (10/16/12) ___________ ECONOMIC DEVELOPMENT CMTE. Date: (10/17/12) ___________ KEEP COPPELL BEAUTIFUL Date: (10/11/12) ___________ LIBRARY BOARD Date: (10/2/12) ___________ PARK BOARD Date: (10/10/12) ___________ PLANNING & ZONING COMM. Date: (10/3/12) 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, July 24, 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 Karen Hunt;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan Present 8 - 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, July 24, 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 Executive Session at 5:47 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. A.Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. Discussed under Executive Session Section 551.087, Texas Government Code - Economic Development Negotiations. Page 1City of Coppell, Texas July 24, 2012City Council Minutes B.Discussion regarding economic development prospects south of Airline and west of Belt Line. Discussed under Executive Session C.Discussion regarding economic development prospects south of Dividend and west of Belt Line. Discussed under Executive Session D.Discussion regarding economic development prospects north of Bethel Road and east of Royal Lane. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned Executive Session at 6:26 p.m. and convened into Work Session at 6:30 p.m. A.Discussion of Economic Incentives. B.Presentation on Commercial Recycling. C.Discussion of Agenda Items. Presented in Work Session Regular Session (Open to the Public) Invocation 7:30 p.m.4. Councilmember Billy Faught gave the Invocation. Pledge of Allegiance5. Mayor Hunt led those present in the Pledge of Allegiance. 6.Presentation of an award to the City of Coppell from Keep Texas Beautiful and the Texas Department of Transportation as the recipient of the 2012 Governor’s Community Achievement Award. Mary Jo Tellin presented the 2012 Governor's Community Achievement Award to Amanda Vanhoozier, Community Programs Supervisor, Jen Ferguson, Community Programs Coordinator, and members of the Keep Coppell Beautiful Board. Citizens’ Appearance7. Mayor Hunt asked for those who signed up to speak: 1) Jan Rugg, Atmos Energy, 1400 Patton Place, Carrollton, introduced herself as Coppell's Representative. Page 2City of Coppell, Texas July 24, 2012City Council Minutes 2) Kent Moore, 400 Southwestern Blvd., spoke in regards to voting. 8.Report by the Economic Development Committee. Bill Rohloff, Chair, gave the board's semi-annual report. 9.Consider approval of minutes: July 3, 2012 and July 10, 2012. 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. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 10.Discuss and consider approving a Resolution to enter into an Interlocal Agreement with the Dallas/Fort Worth International Airport Board, City of Dallas, City of Fort Worth and the City of Coppell for the apportionment of revenues generated from the development of land located within the city limits of Coppell and the geographical boundaries of the Dallas/Fort Worth International Airport, and authorizing the Mayor to sign. Presentation: City Manager Clay Phillips made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Mayor Pro Tem Tim Brancheau, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2012-0724.1 11.Consider approval of an Economic Development Agreement by and between the City of Coppell and West Bethel Properties LLC, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 12.Discuss and consider approval of awarding Request for Proposal (RFP) #0113 for the procurement of medical stop loss insurance and Page 3City of Coppell, Texas July 24, 2012City Council Minutes Third Party Administration Services (TPA); and authorizing the City Manager to sign all necessary documents. Presentation: Vivyon Bowman, Director of Human Resources, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 13.Consider approval of appointing a non-voting Board Member to the DFW Airport Board. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to appoint Mayor Hunt to the DFW Airport Board. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 14.Consider appointments to Council Committees. Mayor Hunt made the following Council Committee Appointments: CFBISD/LISD Liaison - Billy Faught and Gary Roden CISD Liaison - Bob Mahalik and Wes Mays Coppell Seniors - Tim Brancheau and Billy Faught Dallas Regional Mobility Coalition - Karen Hunt ICLEI - Tim Brancheau Metrocrest Family Medical Services - Wes Mays Metrocrest Medical Foundation - Bob Mahalik Metrocrest Social Service Center - Marvin Franklin North Central Texas Council of Governments - Aaron Duncan North Texas Commission - Gary Roden Senior Adult Services - Marvin Franklin A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - City Manager Reports 15.Project Updates and Future Agendas Read and Filed Page 4City of Coppell, Texas July 24, 2012City Council Minutes City Manager Clay Phillips reminded Council that a Budget Workshop will be held on July 30th at 6 p.m. in the 2nd Floor Conference Room. A Joint Meeting with the City Council, Library Advisory Board and the Park Board will be held on August 9th at 6 p.m. at the Coppell Aquatic and Recreation Center. A date is being scheduled for the Joint Meeting with the City Council, Planning & Zoning Commission and the Economic Development Committee for September or October. Mr. Phillips said there is no update on the Oncor project at Sandy Lake, and they will be finalizing the project at S. Coppell Road and Bethel Road once the infrastructure in Old Town is completed. Mayor and Council Reports 16.Report by Councilmember Duncan regarding Texas High Speed Rail & Transportation Corporation (THSRTC). Read and Filed Councilmember Aaron Duncan reported on the Texas High Speed Rail and Transportation Meeting he attended in Euless. He remarked that there are several studies going on all at different stages, but it will still be approximately 10-20 years before we will begin to see any progress. Texas is, however, well positioned to receive federal funding in the future. Council Committee Reports 17.A.Carrollton/Farmers Branch ISD/Lewisville ISD - B.Coppell ISD - Mahalik. 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 Family Medical Services - I.Metrocrest Social Services - Franklin. J.North Central Texas Council of Governments - K.North Texas Commission - Hunt. L.Senior Adult Services - Franklin. Read and Filed A. Nothing to report. B. Councilmember Mahalik announced the New Teacher Breakfast will be held on August 14th with school beginning on August 27th. C. Councilmember Faught reported the Hot Dog Social on July 13th was well attended. More people are wanting to join the Senior Center, so they are excited to announce they are lowering the membership age. The annual membership fee is $10 a year. Page 5City of Coppell, Texas July 24, 2012City Council Minutes D. Mayor Hunt reported there was no meeting in July. The next meeting will be held the first week of August. E. Mayor Pro Tem Brancheau reported that ICLEI represented their advocacy for sustainability at the RIO+20 UN Conference on Sustainable Development held June 20-22nd in Rio de Janeiro. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Councilmember Franklin said Metrocrest Social Services has been very busy serving food over the past eight weeks to 560 kids in need. In the Fall, they will be dispensing school supplies to 1000 kids and over 800 pairs of shoes to children in need. J. Nothing to report. K. Mayor Hunt mentioned that those interested in regional activities should check out the website for North Texas Commission. The next series will be held in August. L. Nothing to report. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 18. Nothing to report. Necessary Action from Executive Session19. Nothing to report. Adjournment There being no further business to come before the City Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 6City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council Monday, July 30, 2012 6:00 PM 2nd Floor Conference Room 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 Also present were Deputy City Managers Mario Canizares and Mike Land, City Secretary Christel Pettinos and City Attorney Robert Hager. Present 8 - Karen Hunt; Tim Brancheau; Bob Mahalik; Wes Mays; Gary Roden; Billy Faught; Marvin Franklin and Aaron Duncan The City Council of the City of Coppell met in a Special Called Session for a Budget Workshop on Monday, July 30, 2012, at 6:00 p.m. in the 2nd Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1. Call to Order Mayor Hunt called the meeting to order, determined that a quorum was present and convened into Executive Session at 6:03 p.m. Mayor Hunt adjourned Executive Session at 6:31 p.m. I. Final Budget Review a. Assessed Valuation b. Streamlined Sales Tax c. Debt Service Fund d. General Fund e. Upcoming Agenda Items f. Executive Dashboards II. General Discussion Presented in Work Session Budget Workshop Page 2 At this time, Councilmember Bob Mahalik left the meeting at 7:00 p.m. 2. Executive Session (Closed to the Public) 1st Floor Conference Room A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the acquisition of real property located at 265 Parkway, Coppell, Texas. Discussed under Executive Session 3. Necessary Action from Executive Session A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Tim Brancheau, to authorize the City Manager to negotiate a purchase of land and building at 265 Parkway Blvd., Coppell, TX 75019 in the amount less than $3.5 million and bring back a final contract for Council's consideration. Aye – 6 - Mayor Pro Tem Tim Brancheau; Councilmember Wes Mays; Councilmember Gary Roden; Councilmember Billy Faught; Councilmember Marvin Franklin and Councilmember Aaron Duncan. Councilmember Bob Mahalik was absent. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 7:51 p.m. ________________________ Karen Selbo Hunt, Mayor CITY COUNCIL AGENDA ITEM Date: August 7, 2012 To: Mayor and City Council From: Jerod Anderson, Purchasing Manager Re: Consider approval of an Interlocal Purchasing Agreement between the City of Rowlett and the City of Coppell The City of Rowlett has made a request to use our current Medical Billing contract. In order for Rowlett to have access to our contracts, the two cities must enter into an Interlocal Purchasing Agreement. The agreement will allow each entity to use the other’s contract for goods or services as it deems to be in the best interest of the city. The legal authority to enter into such an agreement is provided under Chapter 271 V.T.C.A, Local Government Code as well as the Cooperative Purchasing Program and Sections 791.001- 791.029 of the Texas Government Code. As Purchasing Manager, I recommend approval of the Interlocal Purchasing Agreement. Inter Local Agreement for Cooperative Purchasing 72873 STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DALLAS § This Interlocal Cooperation Agreement (“Agreement”) is by and between the City of Coppell, Texas (“Coppell”), and the City of Rowlett, Texas (“Rowlett”), acting by and through their authorized officers. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEX. LOC. GOV’T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and materials; and WHEREAS, each party has and will on an annual basis obtain competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase under goods and services under each other’s competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other’s competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE. ARTICLE II TERM The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof (“Effective Date”). Thereafter this Agreement shall automatically Inter Local Agreement for Cooperative Purchasing 72873 renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or other designee for each party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall make payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV’T CODE. Each party shall be responsible for the respective vendor’s compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 Severability: 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 the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. 5.6 Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or Inter Local Agreement for Cooperative Purchasing 72873 written agreement between the parties that in any manner relates to the subject matter of this Agreement. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. EXECUTED this _____ day of ____________________, 2012. CITY OF COPPELL, TEXAS By: Karen Hunt, Mayor 255 E. Parkway Blvd. Coppell, Texas 75109 ATTEST: By: ___ Christel Pettinos, City Secretary EXECUTED this _____ day of __________________, 2012. CITY OF ROWLETT, TEXAS By: ______________________________________ Lynda K. Humble, City Manager 4000 Main Street Rowlett, Texas 75088 ATTEST: By: Stacey Chadwick, Interim City Secretary APPROVED AS TO FORM _______________________________ David Berman, City Attorney TM 56741 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 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 AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DESIGN REQUIREMENTS (19 PAGES), OVERALL SITE PLAN, DETAIL SITE PLAN (4 PAGES), NO PARKING AND TRAFFIC CALMING EXHIBIT, TREE SURVEY AND PRESERVATION PLAN (4 PAGES) AND LANSDCAPE PLAN (15 PAGES), ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F” AND “G” PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-255-SF should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from HC (Highway Commercial) to PD-255-SF (Planned Development-255-Single Family), to permit the development of 297 2 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 for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-255-SF (Planned Development-255-Single Family) is hereby approved subject to the following development regulations: A. The Design Requirements, which include specific, detailed development regulations are attached hereto as Exhibit “B”, and shall be made a part of this ordinance. B. This property shall also be developed in accordance with the attached Exhibit “C”, Overall Site Plan. In the event that there are any conflicts between Exhibit “B”, Design Requirements and Exhibit “C”, Overall Site Plan, the most restrictive shall prevail. C. Prior to filing any Final Plats for the Westhaven Development, the Floodplain Study (CLOMR) shall be approved and the revised 100-year flood plain line shall be depicted on the Final Plat. D. Prior to acceptance of infrastructure improvements, the Developer shall install appropriate traffic calming devises for the streets and intersections as depicted on Exhibit “E”. The roadway devices installed shall be approved by the City Engineering Department based on generally accepted engineering principals and in accordance with the Texas Uniform Traffic Control Manual, as appropriate. E. The Developer shall dedicate and deed a fifteen foot (15’) wide right-of-way in favor of the City and construct a eight (8’) foot wide concrete hike and bike trail. This hike and bike trail shall be installed at the developers cost, as provided for other hardscape elements, as set forth in Exhibit “C” Overall Site Plan, “General Notes, Section 3”. 3 Final alignment of the hike and bike trail as well as materials of bridge structures shall be as approved by the Parks and Recreation Department. F. Tree mitigation fee of $225,000 shall be paid prior to the Filing of the Plat for Phase 1 of this development. SECTION 3. That the property shall be developed and used in accordance with the SF-7 (Single Family-7) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Design Requirements, Overall Site Plan, Detail Site Plan (4 pages), No Parking and Traffic Calming Exhibit, Tree Survey and Preservation Plan (4 pages) and Landscape Plan (15 pages) Attached hereto as Exhibits “B”, “C”, “D”, “E”, “F” and “G” , made a part hereof for all purposes, are hereby approved. SECTION 4. That the property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not 4 affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2012. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) Page 1 of 4 EXHIBIT “A” Legal Description 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, Brazos and 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 of land, 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 a Special 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 acre tract 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 Official Records 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 Warranty Deed, 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 metes and 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 Deed recorded 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 State Highway 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 a distance 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 a 5/8-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 Deed recorded 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, 238.91 feet; 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 extension of 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 in Volume 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 Sue Flournoy, 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 of said Denton Creek, a distance of 253.70 feet to a corner; Page 2 of 4 EXHIBIT “A” 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 aforesaid Tract 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 line of 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, Page 47, 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 Asbury Estates, 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 by the 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 Mansions by 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 center of 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 Mansions by the Lake, the following: North 69°25'44" West, a distance of 214.00 feet to a corner; Page 3 of 4 EXHIBIT “A” 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 the northeast corner of a tract of land, conveyed to John Egleston, et al, as evidenced in a Correction Special Warranty Deed, recorded in Volume 2005031, Page 8619, 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 a corner 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 of 197.30 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, a distance 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 aforesaid Tract 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 Gia G. 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 north line 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 an inner 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 way monument 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 in Instrument 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 10.393 acre 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; Page 4 of 4 EXHIBIT “A” 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 the POINT OF BEGINNING and containing 93.781 acres (4,085,080 square feet) of land, more or less. W ESTHA VEn COPPELL, TEXAS 20 July 2012 Design Requirements ESTH A VEN E n 1 COPPELL, 20 Jul y 2012 PROJECT 211142.00 RBN-3 50 RBN-4 47 PROPOSED SITE PLAN TOTAL (Estimated) RBN-5 200 TOTAL 297 ESTH A VEn RBN-3 2 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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 ESTH A VEn RBN-3 3 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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. ESTH A VEn RBN-4 4 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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. ESTH A VEn RBN-4 5 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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. ESTH A VEn RBN-5 6 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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. ESTH A VEn RBN-5 7 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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 22 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. ESTH A VEn 8 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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 • the 8 foor by 20 foot parallel parking spaces shall be platted within common area lots on the final plat. • 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. ESTH A VEn 9 COPPELL, 20 Jul y 2012 PROJECT 211142.00 • Street trees planted on both sides of street at one street tree per lot and spaced approximately 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. ESTH A VEn 10 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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 a 15 foot wide dedication of land to the City of Coppell for the city’s 8 foot wide hike and bike trail and reserved land for large open spaces and the 5 foot wide 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). The following will also be provided; • Create two (2) lakes, one approximately 5 acres and the other approximately 2 acres, each with spray fountains • Provide 30 acres of open space (Denton Creek Lake and Westhaven Creek Parks) to be maintained by the Westhaven HOA. • 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 • Build over two and a half (2 1/2) miles of internal, five (5) foot wide trail • The Final Plat for this property shall provide the fee simple dedication of the Hike & Bike Trail. The developer shall be responsible for the construction of this 8-foot wide trail and associated pedestrian bridges within 15-foot wide dedication. • Place over 750 three inch diameter trees in the onsite common areas and the street tree in front of each home ESTH A VEn 11 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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 ESTH A VEn 12 COPPELL, 20 Jul y 2012 PROJECT 211142.00 o Pilasters 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 ESTH A VEn 13 COPPELL, 20 Jul y 2012 PROJECT 211142.00 materials that minimize their visual impact. 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. ESTH A VEn Color/Materials Board Main Entry 14 COPPELL, 20 Jul y 2012 PROJECT 211142.00 3 1 2 1 Primary Building Stone • Greenwhich Gray Lime- stone 2 Cast Stone Accents • Dove Gray 3 Building Roof Shingles • Synthetic Slate, Slate Gray ESTH A VEn Color/Materials Board Project 15 COPPELL, 20 Jul y 2012 PROJECT 211142.00 2 3 1 1 Primary Building Stone • Greenwhich Gray Lime- stone 2 Cast Stone Accents • Dove Gray 3 Brick Thin Wall • Cape Cod Figure 1 ESTH A VEn Streets 55’ 20 Jul y 2012 Figure 1 PROJECT 211142.00 16 COPPELL, Section Figure 2 ESTH A VEn Street 50’ 20 Jul y 2012 Figure 2 PROJECT 211142.00 17 COPPELL, Section ESTH A VEn Street Alley 18 COPPELL, 20 Jul y 2012 PROJECT 211142.00 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. 57 PORTION 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 MCCOY, NICK 7/26/2012 4:34 PMDWG NAME K:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C- OVERALL SITE PLAN.DWG [Overall Layout]LAST SAVED 7/19/2012 2:55 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-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 FINAL PLATTED INTO A COMMON AREA LOT (LOT_X) AND SHALL BEMAINTAINED 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.12. 15' TRAIL RIGHT-OF-WAY TO BE DEDICATED TO THE CITY AT TIME OF FINAL PLAT. FINAL ALIGNMENT TO BEDETERMINED WITH FINAL CONSTRUCTION DRAWINGS.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 BYMCCOY, NICK 7/26/2012 4:25 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan]LAST SAVED7/19/2012 3:05 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. ON STREET PARALLEL PARKING SHALL BE FINAL PLATTED INTO A COMMON AREA LOT (LOT_X) AND SHALL BE MAINTAINED BY THE WESTHAVEN HOA 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. 8. 15' TRAIL RIGHT-OF-WAY TO BE DEDICATED TO THE CITY AT THE TIME OF FINAL PLAT. FINAL ALIGNMENT TO BE DETIRMINED WITH FINAL CONSTRUCTION DRAWINGS. 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 BYMCCOY, NICK 7/26/2012 4:26 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan (2)]LAST SAVED7/19/2012 3:05 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. ON STREET PARALLEL PARKING SHALL BE FINAL PLATTED INTO A COMMON AREA LOT (LOT_X) AND SHALL BE MAINTAINED BY THE WESTHAVEN HOA 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. 8. 15' TRAIL RIGHT-OF-WAY TO BE DEDICATED TO THE CITY AT THE TIME OF FINAL PLAT. FINAL ALIGNMENT TO BE DETIRMINED WITH FINAL CONSTRUCTION DRAWINGS. 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 BYMCCOY, NICK 7/26/2012 4:30 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan (3)]LAST SAVED7/26/2012 4:29 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. ON STREET PARALLEL PARKING SHALL BE FINAL PLATTED INTO A COMMON AREA LOT (LOT_X) AND SHALL BE MAINTAINED BY THE WESTHAVEN HOA 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. 8. 15' TRAIL RIGHT-OF-WAY TO BE DEDICATED TO THE CITY AT THE TIME OF FINAL PLAT. FINAL ALIGNMENT TO BE DETIRMINED WITH FINAL CONSTRUCTION DRAWINGS. 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 BYMCCOY, NICK 7/26/2012 4:31 PMDWG NAMEK:\FRI_CIVIL\64447700 - COPPELL 47 ACRES\DWG\PRELIMINARY\PLAN SET\C-SITE PLAN.DWG [Site Plan (4)]LAST SAVED7/26/2012 4:29 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. ON STREET PARALLEL PARKING SHALL BE FINAL PLATTED INTO A COMMON AREA LOT (LOT_X) AND SHALL BE MAINTAINED BY THE WESTHAVEN HOA 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. 8. 15' TRAIL RIGHT-OF-WAY TO BE DEDICATED TO THE CITY AT THE TIME OF FINAL PLAT. FINAL ALIGNMENT TO BE DETIRMINED WITH FINAL CONSTRUCTION DRAWINGS. 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 PORTION 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)EXISTINGPONDOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHPOHPOHPOHPOHPOHPOHPOHPOHP 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.)OHPPLOTTED BY MCCOY, NICK 7/26/2012 5:39 PMDWG 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 3 4 5 6 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 1819202122 23 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 OPEN SPACE BLOCK J BLOCK J BLOCK K BLOCK L OPEN SPACE OPEN SPACE OPEN SPACE OPEN SPACE O PEN SPAC EOPEN SPACE OPEN SPACEOPEN SPACEOPEN SPACEAL L EY EALLE Y F ALLEY GB RID G E S T R E E TBRIDGE ST REET WESTHAVEN ROADW E S TH A V E N R O A D WESTHAVEN ROAD C A N T E R B U R Y C O U R TCANTERBURY COURT BAN BU R Y R O AD TE R R A C E S TR E E TSPRINGLAKE WAYOPEN SPACEOPEN SPACEO P E N S P A C E O .S . 28X O .S . 17X 1X 1 X1X 15X16XBLOCK B, LOT 1X 17X8X1X23X O P E N S P A C E 22X 4X 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 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 409840994100 41014102 4103 4104 4105 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4136 4138 41454147 4151 4153 4154 4155 4157 41584159 4160 4161 4163 4164 41654166 4170 4171 4174 4175 4176 4177 4181 4183 4184 4185 4186 4189 4191 4193 4194 4195 4196 4197 4198 4199 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4212 4213 4216 4346 4348 43494350 4351 4352 4353 4354 4355 4356 4357 4358 4359 4360 4361 4362 4499 4500 4502 4503450445054506 4507 45094510 45124513 4514 4526 4527 4528 4529 4530 4533 4534 4535 4536 4537 4638 4639 4640 4641 4642 4644 4645 46464647 4648 4649 4650 465146524653 4654 4655 3637 36383640 3642 3644 3782 3783 3784 3785 3786 3787 3793 3794 3795 3796 3797 3805 3809 3811 38123813 3815 3818 3819 3820 38253826 3827 3828 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3847 3850 3852 3853 3854 3855 3856 3857 3864 3877 3878 3880 3885 3886 3887 3888 3891 38923893 3894 3895 3897 3898 3899 3900 3901 3911 3913 3914 3915 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 MAP NOT 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 ONLY WESTHAVEN ZONING: PROPOSED PD-255-SF 297 RESIDENTIAL LOTS / 36 OPEN SPACES BEING 93.781 ACRES OUT OF THE PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY) AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO . 1772 CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS DEVELOPER: Contrast Development 300 E. John Carpenter Frwy, Suite 940 Irving, TX 75062 Tel: (972) 793-7685 Contact: Terry Mitchell, P.E. ENGINEERING/PLANNER: Kimley-Horn and Associates 5750 Genesis Ct. Suite 200 Frisco, TX 75034 Tel: (972) 335-3580 Contact: 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 d Healthy 9,460.5 inc hes 21,698.6 inc hes Dec lining 964.0 inc hes 1,582.2 inc hes T otal 10,424.5 inc hes 23,280.8 inc hes Healthy 729 total 1886 total Dec lining 63 total 108 total T otal 792 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 6 7 8 9 10 111213 14 15 16 17 18 19 20 21 22 23 24 25 BLOCK A 26 27 28 29 30 31 3233 34 35 36 37 38 39 40 41 42 43 44 45 46 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 3957 3958 3961 4008 4016 4058 4079 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 40914092 40934094 4095 4096 4097 40984099 410041014102 4103 4104 4105 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4136 4138 4145 4147 4151 4153 4154 4155 4157 41584159 4160 4161 4163 4164 41654166 4170 4171 4174 41754176 4177 4181 4183 4184 4185 4186 4189 4191 4193 4194 4195 4196 4197 4198 4199 4201 4202 4203 4204 4205 4206 4207 4208 3600 3638 3639 3640 3644 3649 3650 3655 3658 3659 3660 36613662 3663 3664 3665 3666 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 3708 3710 3711 3712 3713 37143715 3716 3717 3718 37193720 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 3789 3790 3791 3793 3794 3795 3796 3797 3798 3800 3801 3802 3803 3804 3805 3807 3808 3809 3810 3811 38123813 3815 3818 3819 3820 3825 3826 3827 3828 3830 3831 3832 3833 3834 3835 3836 3837 3838 3839 3840 3841 3842 3843 3844 3845 3847 3850 3852 3853 3854 3855 3856 3857 3859 3860 3861 3862 3864 38653866 3868 3869 3870 3873 38743875 3876 3877 3878 3880 3885 3886 3887 3888 38893890 3891 38923893 3894 3895 3897 3898 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 3965 3966 3969 3971 3972 3973 3974 3975 3976 3977 3982 3983 3984 3985 3986 3987 3988 3989 3990 3991 3992 3993 3994 3995 3996 3997 3998 3999 4000 4010 4012 4013 4015 4017 4018 4019 4020 4021 4023 4024 4025 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 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 MAP NOT 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 ONLY WESTHAVEN ZONING: PROPOSED PD-255-SF 297 RESIDENTIAL LOTS / 36 OPEN SPACES BEING 93.781 ACRES OUT OF THE PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY) AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO . 1772 CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS DEVELOPER: Contrast Development 300 E. John Carpenter Frwy, Suite 940 Irving, TX 75062 Tel: (972) 793-7685 Contact: Terry Mitchell, P.E. ENGINEERING/PLANNER: Kimley-Horn and Associates 5750 Genesis Ct. Suite 200 Frisco, TX 75034 Tel: (972) 335-3580 Contact: 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 d Healthy 9,460.5 inc hes 21,698.6 inc hes Dec lining 964.0 inc hes 1,582.2 inc hes T otal 10,424.5 inc hes 23,280.8 inc hes Healthy 729 total 1886 total Dec lining 63 total 108 total T otal 792 total 1994 total Calipe r Inche s of T re e s Numbe r of T re e s PROPOSED POND & PRIVATE DRAINAGE EASEMENT OWNED AND MAINTAINED BY WESTHAVEN HOA) PROPOSED POND & PRIVATE DRAINAGE EASEMENT (OWNED AND MAINTA INED BY WESTHAVEN HOA) 5 6 7 8 1819202122 23 24 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BLOCK M 1 2 3 4 5 6 7 8 9 10 11 12131415 1617 18 19 20 21 BLOCK N BLOCK N OPEN SPACE ALLEY GEVERGREEN DRIVEW E S TH A V E N R O A D WESTHAVEN ROAD S P R IN G LA K E W A Y BLOCK B, LOT 50X OPEN SPACE BLOCK F, LOT 1X (OWNED AND MAINTAINED BY WESTHAVEN HOA)17X8XMATCHLINE SEE SHEET T-1 MATCHLINE SEE SHEET T-44217 4220 4228 4229 4232 4242 4278 429042944320 4345 4390 4396 4404 44234424 4442 4480 4494 4498 4517 4521 4540 4601 4614 4622 4637 4643 4707 4741 4798 4799 4809 4812 4819 4826 4836 4866 4891 4898 4906 4908 4910 4915 4921 4923 4925 4942 4943 4946 4958 4976 1709 1747 1762 1786 1799 1825 1827 1852 4208 4209 4210 4212 4213 4215 4216 4218 4219 4222 4223 4224 4225 4226 4227 4230 4231 4233 4234 4236 4237 4238 4239 4240 4243 4244 424542464247 4248 42494250 4251 4252 4253 4254 4255 4256 4258 4259 4260 4262 4264 4265 4266 42674268 4269 4270 4271 4272 4273 4279 4280 4281 42824283 4285 4286 4287 42884289 4291 4292 4293 4296 4297 42984299 4300 43024303 4304 4305 4308 4309 4311 4313 4314 43154316 4317 4318 4321 4322 43244325 4326 4327 4328 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 4384 4385 43864387 4388 43894392 4394 4395 4397 4398 4399 4400 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 4454 4455 4456 4457 4458 4460 4461 4462 4464 4465 4466 4467 44794481 4482 4483 4485 4487 4488 4489 4490 4492 4493 4495 4496 4499 4500 4502 4503450445054506 4507 45094510 45124513 4514 4516 4518 4519 452345244525 4526 4527 4538 4539 45414542 4543 4544 4545 4546 45474548 4549 4550 4551 4552 45534554 45554556 4558 4559 4560 4561 4562 4563 4564 4565 45664567 4568 4569 4570 4571 4572 45734574 4575 4576 4577 4578 4579 4581 4582 4583 4584 4585 45864587 4589 4590 45914592 4593 4594 4595 45964597 45984599 4600 4602 4603 4604 460546064607 4608 4609 4610 4611 4612 4615 4616 4618 4620 4621 4625 4626 4627 4629 4630 4631 4633 4638 4639 4640 4641 4642 4644 4645 4646 4647 4648 4649 4650465146524653 4654 4655 4656 4657 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670 4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 4682 4683 4684 4685 4686 468746884690 46914692 4693 4694 4695 4696 4697 4699 4700 4701 47024703 4704 4705 4706 4708 4709 47104711 4712 4713 4714 4715 4717 4718 4719 4720 4721 4722 4723 4724 4725 47264727 4728 4729 47304731 4732 4733 4734 4735 4736 4737 4738 4739 4740 4742 4743 4744 4745 47464747 4748 4749 4750 47514752 4753 4754 4755 4756 4757 4758 4759 4760 4762 4763 4764 4766 4767 4769 47704771 4773 4774 4777 4778 4779 4780 4782 4783 4784 478547864787 4788 4789 4790 4791 4792 4793 47944795 4796 4797 4800 48014802 48034804 4805 48064807 4808 4810 4813 4814 4816 4817 4818 4820 4821 4822 4823 4824 4825 4827 4828 4829 4831 4832 48334834 4835 4837 4838 4841 4842 4844 4845 4846 4849 4851 48524853 4854 4855 4856 4859 48604861 4862 4863 48644865 4867 48684869 48704871 4872 4873 4874 4875 4876 4877 4879 4880 4881 4882 4883 4884 4885 48864887 4888 48904892 4893 4894 4895 4896 4899 4900 4901 4902 4903 4904 4905 4907 4909 4911 4912 4913 4914 4916 4917 4918 4919 4920 4922 4924 4926 4927 4928 4929 4930 4931 4932 4933 4934 49354936 4937 4938 4939 49404941 4944 4945 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4959 4960 4962 4963 4964 49654966 4967 4968 4969 4970 49714972 4973 4974 4975 4977 4978 4980 4981 4982 4983 4984 49854986 4988 4989 4990 4991 4993 4996 4997 4998 5000 1701 1702 1703 1704 1705 1706 1707 1708 1710 17111712 1713 1714 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 17281729 1730 1733 1734 1735 1736 17371739 1740 1741 1742 17481750 1751 1753 17541756 1757 1758 1759 1760 17661767 1768 1769 1770 1772 1773 1774 1775 1776 1778 1779 1780 1781 17821783 1784 1785 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1800 1801 1802 1803 1805 1806 1807 1808 1809 1810 1811 18121813 18141815 1817 1818 1819 1820 1821 1822 1823 1824 1826 1828 1829 1830 1831 1832 1833 1834 1835 1837 1838 1840 1845 1846 1847 1848 1849 1850 1851 1853 1855 1856 1858 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 1900 1901 1902 1903 1904 1905 1906 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 MAP NOT 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 ONLY WESTHAVEN ZONING: PROPOSED PD-255-SF 297 RESIDENTIAL LOTS / 36 OPEN SPACES BEING 93.781 ACRES OUT OF THE PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS COUNTY), ABSTRACT NO. 604 (DENTON COUNTY) AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO . 1772 CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS DEVELOPER: Contrast Development 300 E. John Carpenter Frwy, Suite 940 Irving, TX 75062 Tel: (972) 793-7685 Contact: Terry Mitchell, P.E. ENGINEERING/PLANNER: Kimley-Horn and Associates 5750 Genesis Ct. Suite 200 Frisco, TX 75034 Tel: (972) 335-3580 Contact: 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 d Healthy 9,460.5 inc hes 21,698.6 inc hes Dec lining 964.0 inc hes 1,582.2 inc hes T otal 10,424.5 inc hes 23,280.8 inc hes Healthy 729 total 1886 total Dec lining 63 total 108 total T otal 792 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 OPEN SPACE OPEN SPACE O P E N S PA C E WINGATE ROADWI NDSOR ROADE V E R G R E E N D R I V E S W E A R IN G IN R O A D EDEN STREETOPEN SPACEOPEN SPACEOPEN SPACEBLOCK B, LOT 50X 2X1X BLOCK D LOT 3X J OHNS AVENUEOPEN SPACE BLOCK F, LOT 1X (POSSIBLE POND) (OWNED AND MAINTAINED BY WESTHAVEN HOA) COLUMBUS DRIVE 16 BLOCK F 5 14 15 16 A P P R O X. T O P O F B A N K 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 2206 2210 2321 2370 2539 2540 2584 2597 2598 2608 2659 2690 2697 2712 2744 2780 2857 2891 2902 2989 2990 2991 3005 3059 3073 3077 3082 3092 3142 3248 3262 3268 3269 3270 3278 3346 3350 3351 3377 3381 3388 3395 3408 3419 3443 3450 3460 3470 3486 3863 3871 3872 4008 4205 4206 4207 4208 4209 4210 4212 4218 4219 4222 42234224 4234 4236 4237 4238 4239 4240 4243 4244 424542464247 4248 42494250 4251 4252 4253 4254 4255 4256 4257 4258425942604262 4264 4265 4266 4405 4406 4407 4408 4409 4410 4412 4413 4458 4460 4461 4462 4464 4465 44664467 4468 4469 4470 4471 4473 4475 4476 4477 4478 3542 3543 35443545 3546 3547 3548 3549 3550 35513552 3553 3554 3555 3556 3557 3558 35593560 3562 3563 3564 3565 35663567 3568 3569 3571 3572 35753578 3579 35803582 3583 3584 3585 3586 3587 3588 3589 3590 3591 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H. 121S. H. 121 BUSINESSS. H. 121 BYPASS DENTON CREEK DENTON TAP ROADSITE VICINITY MAP NOT 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 ONLY WESTHAVEN ZONING: PROPOSED PD-255-SF 297 RESIDENTIAL LOTS / 36 OPEN SPACES BEING 93.781 ACRES OUT OF THE PETER HARMONSON SURVEY, ABSTRACT NO. 1794 (DALLAS COUNTY), ABSTRACT NO . 604 (DENTON COU NTY) AND B.B.B.&C. RR. CO. SURVEY, ABSTRACT NO . 1772 CITY OF COPPELL, DALLAS AND DENTON COUNTY, TEXAS DEVELOPER: Contrast Development 300 E. John Carpenter Frwy, Suite 940 Irving, TX 75062 Tel: (972) 793-7685 Contact: Terry Mitchell, P.E. ENGINEERING/PLANNER: Kimley-Horn and Associates 5750 Genesis Ct. Suite 200 Frisco, TX 75034 Tel: (972) 335-3580 Contact: 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 d Healthy 9,460.5 inc hes 21,698.6 inc hes Dec lining 964.0 inc hes 1,582.2 inc hes T otal 10,424.5 inc hes 23,280.8 inc hes Healthy 729 total 1886 total Dec lining 63 total 108 total T otal 792 total 1994 total Calipe r Inche s of T re e s Numbe r of T re e s MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Michael Arellano DATE: August 14, 2012 RE: Consider approval of an ordinance amending Chapter 15 of the Code of Ordinances of the City of Coppell by adding Article 15-16, Contractor Registration, by adding Section 15-16-1, “Contractor Registration Policy,” Section 15-16-2, by adding a definition for Contractor and stating guideline exemptions, and Section 15-16-3, by establishing promulgated registration requirements; and authorizing the Mayor to sign. The purpose of this ordinance is to establish requirements by which a contractor must register with the City prior to performing any work in Coppell, which requires a permit under Chapter 15 of the Code of Ordinances. The City has been requiring contractor registration for about 15 years. However, recently it was noted that while we had a fee requirement (15.13.e of the Master Fee Schedule), we did not have any ordinances that provided guidelines on when the registration was required. Registration allows the City of Coppell to regulate construction activity and contractors working in the City. The registration of contractors also provides a point of contact to resolve consumer complaints. Building Inspections also uses the contact information provided to disseminate any changes to codes and regulations. Registration also protects the contractor from unwanted personal usage of his or her name, or name of company, in order to pull a permit. Staff recommends approval of this Ordinance amendment and will be available to answer questions at the Council meeting. CODE/ORDINANCE AMOUNT OF FEE 13)Other Inspections and Fees (Ord. 92-573) a.Inspections outside of normal business hours $50.00 per hour (minimum charge two hours) b.Reinspection fees assessed under $50.00 provisions of Section 108 of the IBC c.Inspection for which no fee is specifically $30.00 per hour indicated (minimum charge of one-half hour) d.Additional plan review required by changes,$50.00 per hour additions or revisions of approved plans (minimum charge one-half hour) e.Contractor Registration Fee $100.00 f.Landscape/Irrigation Modification $100.00 g.Registration and Inspection of Rental Property (Effective January 1, 2012) Single Family Registration $5.00 Inspection $20.00 Multi-Family Registration per Unit (Includes Inspection)$10.00 per unit 14)Miscellaneous Fees (Ord. 92-573) Swimming Pool (in-ground)$300.00 Spa, or Above-ground Pool $110.00 Lawn Sprinklers $60.00 Fence $50.00 Retaining Walls (every 100 feet)$25.00 Water Heater $50.00 Energy Code Inspection $30.00 Temporary Electric Cost (Minimum $20.00) 15)Board of Adjustment Sign Deposit $50.00 16)Plan Review Fee 65% of Permit Fee Sec. 15-5-1, Fire Prevention Fees Flammable or Combustible Liquid Storage $100.00 Explosive Materials Storage $250.00 Hazardous Materials Storage $150.00 Day Care License Inspection $30.00 Foster Home Inspection $30.00 Fire Sprinkler System Plan Review and Inspection Fee $100.00 Fire Sprinkler System Inspection - Underground $100.00 Fire Sprinkler System Inspection - Overhead $100.00 Fire Alarm System Plan Review and Inspection $50.00 Fire Pump Installation $75.00 Fire Prevention Re-inspection Fee $50.00 Tent Permit $30.00 Fire Suppression System Plan Review & Inspection Fee $50.00 Egress Control Plan Review & Inspection Fee $50.00 Fee Schedule 01-24-12.xls Page 11 Page 1 of 3 TM 56296 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO.________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY ADDING ARTICLE 15-16 CONTRACTOR REGISTRATION BY ADDING SECTIONS 15-16-1 CONTRACTOR REGISTRATION POLICY, 15-16-2 ADDING A DEFINITION FOR CONTRACTOR AND STATING GUIDELINE EXEMPTIONS, AND 15- 16-3 ESTABLISHING PROMULGATED REGISTRATION REQUIREMENTS; 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 various building codes; and WHEREAS, the City requires that the contractor provides contact information and have knowledge of applicable building codes; and WHEREAS, the City as a home rule city has authority to reasonably regulate such work; and WHEREAS, adoption of the registration of contractors is necessary to protect the health, safety and welfare of its citizens; 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 15-16 which is as follows: ARTICLE 15-16 CONTRACTOR REGISTRATION Section 15-16-1. Contractor Registration Policy No contractor shall be eligible to submit or receive a permit and/or to perform work under this Chapter, without such contractor having first Page 2 of 3 TM 56296 obtained a valid annual registration issued by the City Manager or designee and paid the required registration fee. The City Council shall by resolution establish the required fee, if any. Section 15-16-2. Definitions/Defense Contractor within the meaning of this Article shall mean any person, firm, corporation, partnership, association, who for a fee or consideration, performs work requiring a permit under this Chapter. Defense - It shall be a defense to prosecution under this Ordinance that the contractor required to register under this article is exempt from local registration under state law. Section 15-16-3. Registration Requirements and Forms The City Manager or designee is authorized to promulgated registration requirements and forms reasonably necessary to achieve the purpose recited herein and protect the general health safety and welfare of the public.” 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. 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 Code of Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. Page 3 of 3 TM 56296 SECTION 5. 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 MEMORANDUM Date: July 20, 2012 To: Jennifer Miller, Director of Finance From: Mary McGuffey, Tax Assessor/Collector Subject: Anticipated Collection Rate for 2012 & Excess Debt Collections in 2011 =========================================== Pursuant to Section 26.04 of the Texas Property Tax Code, I have certified the anticipated collection rate for the period of July 1, 2012 through June 30, 2013 to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective/rollback tax rate to account for anticipated delinquencies. The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax dollars actually collected during the period from July 1, 2011 through June 30, 2012, with the amount of debt tax dollars that should have been collected according to the 2011 anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing body. The adjusted amount of debt tax dollars levied in 2011 was $9,255,083, however, the actual debt collections during the same period was $9,341,545. Therefore, I have certified that $86,462 is the full, true and correct amount of excess debt collections. The above stated anticipated collection rate and the amount of excess debt collections will be used in the calculation of the effective/rollback tax rate for 2012. Attached is the certification of these two items to be approved by the City Council. 1 INTRODUCTION The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. The City Council of the City of Coppell shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement of Chapter 2256, Texas Government Code as amended, to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Coppell maintains portfolios utilizing four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: A. Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short-to-medium- term securities which will complement each other in a laddered or barbell maturity structure. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity date of each security. B. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the debt service payment date. C. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities. Volatility shall be further controlled through maturity and quality range, without paying premium, if at all possible. Such securities will tend to hold their value during economic cycles. D. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. 2 INVESTMENT POLICY I. SCOPE This investment policy applies to all financial assets of the City of Coppell. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include: * General Fund * Special Revenue Funds * Debt Service Funds * Capital Projects Funds * Proprietary Funds * Trust and Agency Funds * Component Units II. OBJECTIVES The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum yield on short-term investment of pooled idle cash. Safety The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether they are from securities default or erosion of market value. Liquidity The City's investment portfolio shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. 3 Yield The City's cash management portfolio shall be designed with the objective of regularly exceeding the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek to augment returns above this threshold consistent with risk limitations identified herein and prudent investment polices. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. III. RESPONSIBILITY AND CONTROL Investment Committee An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational strategies and to monitor results. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, annually adopt the qualified bidders list, and the target rate of return on the investment portfolio. Delegation of Authority and Training Authority to manage the City's investment program is derived from a resolution of the City Council. The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated as the investment officers of the City and are responsible for investment decisions and activities. The Director of Finance shall establish written procedures for the operation of the investment program, consistent with this investment policy. The investment officers shall attend a training session not less than once in a two-year period that begins on the first day of the City’s fiscal year and consists of the two consecutive fiscal years after that date, and received not less than 10 hours of training approved by the governing body relating to the officer's responsibility under the Act within 12 months after assuming duties. Sources of authorized independent training are those sponsored by: • Government Finance Officers Association (G.F.O.A.) • Government Finance Officers Association of Texas (G.F.O.A.T.) • Government Treasurers Organization of Texas (G.T.O.T.) • University of North Texas - Center for Public Management • Texas Tech - Center for Professional Development 4 Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation costs and benefits require estimates and judgements by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: A. Control of collusion. B. Separation of transaction authority from accounting and record keeping. C. Custodial safekeeping. D. Avoidance of physical delivery securities. E. Clear delegation of authority to subordinate staff members. F. Written confirmation for telephone (voice) transactions for investments and wire transfers. G. Development of a wire transfer agreement with the depository bank or third party custodian. Prudence The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: A. The investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. B. Whether the investment decision was consistent with the written investment policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, providing that these deviations are reported immediately and that appropriate action is taken to control adverse developments. 5 Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. IV. REPORTING Quarterly Reporting The Director of Finance shall submit a signed quarterly investment report that summarizes current market conditions, economic developments and anticipated investment conditions. The report shall summarize investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the total investment return for the quarter. Annual Report Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report on the investment program and investment activity. This report may be presented along with the Comprehensive Annual Financial Report to the City Manager and City Council. Methods The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner that will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The reports shall be formally reviewed at least annually by an independent auditor, if investments are other than those offered by the City's depository. The portfolio shall be marked to market monthly. The market value of the securities is to be provided by the City's depository or by a third party valuation service. 6 The report will be provided to the City Manager and City Council. The report will include the following: A. A listing of individual securities (investment position) held at the end of the reporting period. B. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. C. Additions and changes to the market value during the period. D. Average weighted yield to maturity of portfolio on entity investments as compared to applicable benchmark. E. Listing of investment by maturity date. F. The percentage of the total portfolio each type of investment represents. G. Statement of compliance of the City's investment portfolio with State Law and the investment strategy and policy approved by the City Council. H. Prepared and signed by the investment officers. I. Fully accrued interest for the period. J. States account or fund for each investment. V. INVESTMENT PORTFOLIO The City shall pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio, the available markets, and the relative value of competing instruments, and will adjust the portfolio accordingly. Investments Assets of the City of Coppell may be invested in the following instruments; provided, however, that at no time shall assets of the City be invested in any instrument or security not authorized for investment under the Act, as the Act may from time to time be amended. I. Authorized A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas or its agencies and instrumentalities. C. Other obligations, the principal of and interest on which are unconditionally guaranteed by the State of Texas or United States of America. 7 D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks with a branch in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or instrumentality issued mortgage backed securities rated AAA by at least one nationally recognized rating agency and that have a market value of not less than the principal amount of the certificates. F. Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities. These shall be pledged to the City of Coppell, held in the City’s name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A Master Repurchase Agreement must be signed by the bank\dealer prior to investment in a repurchase agreement. All repurchase agreement transactions will be on a delivery versus payment basis. Securities received for repurchase agreements must have a market value greater than or equal to 105 percent at the time funds are disbursed. G. Local government investment pools that have been authorized by the governing body by rule, ordinance or resolution. The investment pool must maintain a rating no lower than AAA or AAA-M by at least one nationally recognized rating service. Investment in such pools shall be limited to 50% of the City’s entire portfolio, with no more than 25% of the entire portfolio invested in any one authorized pool. H. No-load money market mutual funds that are registered and regulated by the Securities and Exchange Commission, that has a dollar weighted average stated maturity of 90 days or fewer and includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. I. No-load mutual funds that are registered with the Securities and Exchange Commission, having an average weighted maturity of less than two years and is invested or secured in obligations described in A through D above. The fund must maintain a rating of AAA, or its equivalent by at least one nationally recognized rating firm. The fund must conform to the requirements relating to the eligibility of investment pools. Investments in mutual funds shall be limited to 10% of the City's monthly fund balance, excluding bond proceeds and reserves and other funds held for debt service. Ratings shall be monitored using nationally recognized financial information sources, including actions published on rating agency websites. The City shall take all prudent measures consistent with Chapter 2256, of the Government Code to liquidate an investment that does not have the minimum rating required. 8 II. Not Authorized The City's authorized investments options are more restrictive than those allowed by State law. State law specifically prohibits investment in the following investment securities. A. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage backed security collateral and pays no principal. B. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. C. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. D. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Holding Period The City of Coppell intends to match the holding periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City's operating funds exceed one year. The maximum final stated maturity of any investment shall not exceed five years. Investments in all funds shall be managed in such a way that the market price losses resulting from interest rate volatility would be offset by coupon income and current income received from the volume of the portfolio during a twelve month period. Risk and Diversification The City of Coppell recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines; A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding over- concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investments to one year, and avoidance of over- concentration of assets in specific instruments other than U.S. Treasury Securities and insured or Collateralized Certificates of Deposits. C. Risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. D. All prudent measures will be taken to liquidate an investment that is downgraded to less than our minimum stated required rating. 9 VI. SELECTION OF BANKS AND DEALERS Depository At least every five (5) years a Depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP). In selecting a depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. Certificates of Deposit Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase program shall submit for review annual financial statements, evidence of federal insurance and other information as required by the Director of Finance. Qualified Representatives Investment officials shall not knowingly conduct business with any firm with whom public entities have sustained losses on investments. All qualified representatives shall provide the City with references from Public entities they are currently serving. All financial institutions and qualified representatives who desire to become qualified bidders for investment transactions must supply the following as appropriate: - audited financial statements - proof of National Association of Securities Dealers (NASD) certification - proof of state registration - completed broker/dealer questionnaire - certification of having read the City's investment policy signed by an qualified representative of the organization - Acknowledgement that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization The investment officers are precluded from purchasing an investment from a representative who has not delivered the written certification An annual review of the financial condition and registration of qualified bidders will be conducted by the Director of Finance. Competitive Bids Competitive quotes must be taken from at least three (3) qualifying financial institutions or broker/dealers for any investment transaction involving an individual security. Investment transactions should include written confirmation of offers on the Investment Bid Tabulation form. 10 VII. SAFEKEEPING AND CUSTODY Insurance or Collateral All deposits and investments of City funds other than direct purchases of U.S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 105% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party financial institution. The City’s Depository Agreement shall specify the acceptable investment securities for collateral, the substitution or release of investment securities, ownership of securities, and the method of valuation of securities. Repurchase agreements shall be documented by a specific agreement noting the collateral pledge in each agreement. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. Safekeeping Agreement Collateral pledged to secure deposits and investments, and investment securities purchased by the City shall be held by a safekeeping institution in accordance with the Safekeeping Agreement. The Safekeeping Agreement clearly defines the procedural steps for gaining access to the collateral should the City of Coppell determine that the City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the firm pledging the collateral. The safekeeping agreement shall include the signatures of authorized representatives of the City of Coppell, the firm pledging the collateral, and the Trustee. Collateral Defined The City of Coppell shall accept only the following securities as collateral: A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured by the State of Texas. D. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of five (5) years or less. Subject to Audit All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. 11 Delivery vs. Payment Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the delivery vs. payment method. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the Trustee. The security shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. VIII. INVESTMENT POLICY ADOPTION The City of Coppell investment policy shall be adopted annually by the City Council. The policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any modifications will be recommended for approval to the City Council. 12 GLOSSARY of COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Ask: The price at which securities are offered. Bid: The price offered for securities. Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides. In the money market, brokers are active in markets, in which banks buy and sell money, and in interdealer markets. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. Collateral: Securities, evidence of deposit or other property that a borrower pledges to secure repayment of loan. Also refers to securities pledged by a bank to secure deposits of public monies. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Coppell. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, such as U.S. Treasury bills. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, such as Savings and Loans, small business firms, students, farmers, farm cooperatives, and exporters. 13 Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently set by the Federal Reserve through open-market operations. Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open-market as a means of influencing the volume of bank credit and money. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass-throughs is often used to describe Ginnie Maes. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. Market Value: The price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and 14 custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances) are issued and traded. Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers banks and a few unregulated firms. Prudent Person Rule: An investment standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (RP of REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and their terms of the agreement are structured to compensate him for this. MEMORANDUM Date: August, 14, 2012 To: Mayor and Council From: Jennifer Miller, Director of Finance Via: Clay Phillips, City Manager Subject: Fee Resolution Explanation of proposed fee changes: 1. Pretreatment Charges and Fees – The proposed change is only to the description of the fee being assessed in Section 11-15-1 A 5. Changing it to read Industrial Waste Surcharges in Excess of 250 mg/I BOD and 250 mg/I TSS from Surcharges for Excessive or Prohibited Discharge. Section 11-15-1 B is being eliminated since fees assessed under it now fall under Section 11-15-1 A 5. 2. Coppell City Code Miscellaneous Fees – This is an addition of Single Family Residential Re-Roof permit. Staff is proposing a flat fee of $100.00 for all re-roofing permits. 3. Impact fees – The impact fees are being changed to reflect the ordinance passed by Council in April 2012. Staff will be available to answer any questions Council may have on the proposed fee changes. 1 RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE PRETREATMENT CHARGES AND FEES, IN PART; THE COPPELL CITY CODE MISCELLEANOUS FEES, IN PART; AND THE IMPACT FEES, IN PART; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “Pretreatment Charges and Fees” be amended, in part, to read as follows: Section 11-15-1 A 5 Industrial Waste Surcharges in Excess of Cost of surcharge fee 250 mg/I BOD and 250 mg/I TSS imposed on the City by POTW treatment plant plus 10% Section 11-15-1 B DELETED SECTION 2. That the Master Fee Schedule section entitled “Chapter 15, Coppell City Code (Buildings)” be amended, in part, to read as follows: 14. Miscellaneous Fees “… Single Family Residential Re-Roof Permit $100.00 2 SECTION 3. That the Master Fee Schedule section entitled “Maximum Fee Rate for Impact Fees” be amended, in part, to read as follows: MAXIMUM FEE RATE FOR IMPACT FEES SCHEDULE 1 WATER FACILITY MAXIMUM FEE PER SERVICE UNIT* Meter Size E.S.U. ** Water Impact Fee 5/8" X 3/4 " 1.00 $ 995.00 1" 1.67 $ 1,661.65 1 1/2" 3.33 $ 3,313.35 2" 5.33 $ 5,303.35 3" 11.67 $11,611.65 4" 21.00 $20,895.00 6" 46.67 $46,436.65 8” 80.00 $79,600.00 WASTEWATER FACILITY MAXIMUM FEE PER SERVICE UNIT* Wastewater Meter Size E.S.U. ** Impact Fee 5/8" X 3/4 " 1.00 $ 927.00 1" 1.67 $ 1,548.09 1 1/2" 3.33 $ 3,086.91 2" 5.33 $ 4,940.91 3" 11.67 $10,818.09 4" 21.00 $19,467.00 6" 46.67 $43,263.09 8" 80.00 $74,160.00 ROADWAY FACILITY MAXIMUM FEE PER SERVICE UNIT* Service Area Cost Per Service Unit 1 $210.00 * Includes 50% Credit ** Based on AWWA Standards C701. SECTION 4. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. 3 SECTION 5. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution 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 Resolution as a whole. SECTION 6. That this Resolution shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 14th day of August, 2012. APPROVED: __________________________________ KAREN SELBO HUNT, MAYOR ATTEST: __________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY ITEM # 12 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-229R2-LI, Minyard Addition P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 849 Freeport Parkway SIZE OF AREA: 6.87 acres of property CURRENT ZONING: PD-229-LI (Planned Development-229-Light Industrial) REQUEST: A zoning change to PD-229R2-LI (Planned Development-229 Revision 2-Light Industrial), to amend the Detail Site Plan of Lot 4R, to allow the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces screened with a masonry wall. APPLICANT: Owner: Architect: KTR Coppell, L.L.C. Richard Nordyke 300 Barr Harbor Drive O’Brien & Associates, Inc. Conshohocken, PA 19428 5310 Harvest Hill # 136 484-530-1800 Dallas, Texas 75230 484-530-1888 richard.nordyke@obrienarch.com HISTORY: The original warehouse and office buildings were constructed in 1980. In 1996 a site plan and plat were approved to allow the expansion of the existing office/warehouse facility which included the construction of a 240,000-square- foot warehouse. This approval was subject to several conditions:  The Board of Adjustment granting a Special Exception allowing reduction in the amount of parking to be provided. A 242 parking space variance was granted on September 12, 1996, and,  Asphalt fire lanes were permitted for a period not to exceed four years. In 2007, Council approved a PD for this property which allowed the renovation, retention and expansion of the existing office/warehouse and office buildings and allowed the construction of four office/warehouse buildings, totaling approximately 503,250 square feet. This PD incorporated the parking variances approved by the Board, but required the asphalt fire lanes to be replaced with ITEM # 12 Page 2 of 3 concrete. Shortly thereafter, the replica Minyard Grocery Store was moved from this site to the corner of Bethel and Coppell Roads in Old Coppell. In July 2008, Council approved an amendment to this PD to allow a revised monument sign package which included the 14’ tall monument sign at the corner of Freeport and Bethel Roads, a 60-square-foot sign on Lot 2 and two multi-tenant industrial park signs. The current request is on Lot 4 of this PD. The approved Detail Site Plan provides for the removal of the existing 12,500-square-foot truck service building and the construction of a 90,000-square-foot office warehouse building (50% office/50% warehouse) and 195 parking spaces. This property was also replatted in 2007 to establish various utility and fire lane easements to support the redevelopment of this site. TRANSPORTATION: Bethel Road is a four-lane divided thoroughfare built within 90 feet of right-of-way. Freeport Parkway is a four-lane divided thoroughfare built within 90 feet of right-of- way. SURROUNDING LAND USE & ZONING: North – office; PD-229R-LI, South – truck service building; PD-229R-LI, East – office/warehouse; LI (light Industrial) West – office/warehouse; PD-229R-LI, COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area as Industrial Special District DISCUSSION: This request is to amend the site plan to provide for additional vehicle parking, truck storage and repair services to serve the major tenants of the existing 740,000-square-foot cold storage/warehouse building on Lot 1 of this development, specifically, Castle and Cooke which is a Cold Storage Company and Glazier Foods which is relocating from Farmers Branch to this location. The area of request is currently developed with a truck service building, 159 parking spaces and 54 trailer storage areas. As discussed in the History Section of this report, this tract was previously planned for an office/warehouse building however, this alternative plan provides aesthetic advantages over a typical office/warehouse development in terms of the streetscape along Freeport Parkway. Similar to the screening technique used at the southeast corner of Freeport Parkway and Burns, where the loading docks face the street, a combination of setbacks, landscaping, berming and screening walls are proposed to obscure the ITEM # 12 Page 3 of 3 view of the existing loading docks as well as the proposed vehicular parking area and trailer storage area from Freeport Parkway. The previously approved Detail Plan included a 15-foot wide landscape buffer along Freeport Parkway and required the removal of over 72 caliper inches of trees and the planting of 21 new trees. The proposed plan provides 70 to 90 foot wide landscape buffers with berms, trees and a six-foot tall wall. This plan preserves 32 Elm and Pine trees which will be further enhanced with the planting of 46 overstory and ornamental trees within this landscape buffer area. This will also provide a continuation of the wide landscape feature that exists to the north, in front of the office building. The proposed six-foot tall screening wall will be synthetic stone with EFIS capstone to match the materials of the structures on this property. Between the wall and Freeport Parkway, where there is no berm, a hedge row of Nellie R. Stevens, Knock-out Roses and Miscanthus will be planted. Behind this wall and landscaping will be 252 car parking spaces and 60 tractor/trailer spaces and the existing 12,500-square-foot truck service building. An additional 48,485 square feet of paving is required to allow the increase of 93 vehicle and six trailer storage area spaces. This area will be secured by a 6-foot tall black metal fence with sliding gates. As illustrated on Sheet SP-2, which contains before and after pictures, this landscaping and wall will screen the existing facilities as well as the proposed development. When the PD for this property was approved, the property was also platted to provide utility and fire lane easements to support the redevelopment of the site. On this lot, fire lanes were platted to encircle the proposed building. However, given this change in land use, these are no longer needed in this configuration, and they actually conflict with the existing and proposed development. Therefore a condition of approval is that a replat will be required to abandon these fire lane easements prior to the issuance of permits for this tract. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-229R2-LI, Minyard Addition, subject to the following conditions: 1. Replat of Lot 4R to revise the fire lanes and utility easements. 2. Label the screen wall on the site plan. 3. Correct the dimension of the landscape buffer along Freeport Parkway. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Detail Site Plan 2. Landscape Plan 3. Renderings (before and after) (13) EXISTINGPINE TREES TOREMAIN(1) EXISTINGWILLOW TOREMAIN(10) EXISTING LACEBARKELM TO REMAIN(6) EXISTINGPINE TREES TOREMAIN(3) EXISTINGLIVE OAK TOREMAINREPAIR TURFAS NEEDEDREPAIR TURFAS NEEDEDREPAIR TURFAS NEEDED6'HT. CONCRETE WALL W/SYNTHETIC STONE VENEERFACING STREET AND EIFS CAP.6'HT. CONCRETE WALL W/SYNTHETIC STONE VENEERFACING STREET AND EIFS CAP.APPROXIMATE LOCATIONOF EXISTING BERM(3) EXISTINGPINE TREES TOREMAIN(2) EXISTINGLIVE OAK TOREMAIN(1) EXISTINGLIVE OAK TOREMAIN1708 N. Griffin StreetDallas, Texas 75202Tel 214.871.0083Fax 214.871.0545Email smr@smr-la.comsmrLANDSCAPE PLANLOT 4RREMARKScontainer grown, 4.5' spread, full to basecontainer, full 24" o.c.container, full 24" o.c..solid sod, refer to notesTREESBOTANICAL NAMEJuniperus virginianaLagerstroemia indica 'Red'Taxodium distichemUlmus crassifoliaUlmus parvifoliaNOTE: ALL TREES TO HAVE STRAIGHT TRUNKS AND BE MATCHING WITHIN VARIETIESSHRUBS/GROUNDCOVERBOTANICAL NAMEIlex x 'Nellie R. Stevens'Miscanthus sinensisRosa x 'Knockout'Cynodon dactylonNOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heightsand spreads are minimums. All plant material shall meet or exceed remarks as indicated.COMMON NAMENellie R. Stevens HollyMiscanthusKnockout Rose 'RedCommon BermudagrassQTY.243636SIZE6' ht.5 gal.5 gal.COMMON NAMEEastern Red CedarCrepe Myrtle 'Red'Bald CypressCedar ElmLacebark ElmQTY.16265295SIZE7' ht.7' ht.3" cal.3" cal.3" cal.PLANT LISTREMARKScontainer, full to basecontainer, 3-5 cane, no cross caningcontainer, 14' ht. 6' spread min.B&B, 14' ht., 5' spread straight trunkscontainer, 14' ht. 6' spread min.QUANTITYPLANT TYPESYMBOLBCCECMERCLENRSMISKOPLANT LEGENDPLANT TYPEBald CypressCedar ElmCrepe MyrtleEastern Red CedarLacebark ElmNellie R. Stevens HollyMiscanthusKnock-out Rose6.5.4.3.2.1.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.1.2.3.4.5.6.7.8.9.10.NOTE:6" curb will protect landscape areas from vehicularencroachmentPERIMETER LANDSCAPERequirements: Street Frontage shall contain a 15' landscapebuffer with one (1) tree, 3" cal. 12" above ground, per 50 l.f.and 30" ht. parking lot screen: hedge or berm. Perimeterlandscape areas shall contain a 10' landscape buffer alongproperty lines with one (1) tree, 3" cal. 12" above ground, per50 l.f.North Property Line: (411 l.f.)Required(9) trees, 3" cal.South Property Line: (410 l.f.)Required(9) trees, 3" cal.East Property Line - Freeport Prky: (730 l.f.)Required(15) trees, 3" cal.West Property Line: (430 l.f.)Required(9) trees, 3" cal.INTERIOR LANDSCAPERequirements: 10% of gross parking and loading area to belandscape. One (1) tree per 400 s.f. of required landscapearea. 12% of total number parking spaces shall be plantingislands with trees.Parking Lot: 112,648 s.f.Parking Spaces: 258Required Parking Lot 11,264 s.f. (10%) (28) trees, 3" cal.NON-VEHICULAR LANDSCAPERequirements: 15% of lot not covered by buildings to belandscape open space. One (1) tree per 2500 s.f. of openspace.Total Lot Area: 300,139 s.f.Total Building Area: 10,315 s.f.Area Exclusive of Building: 289,824 s.f.Required43,473 s.f. (15%)(18) trees, 3" cal.SUMMARYTotal trees required: (88) treesTotal trees provided: (39) New Shade trees, 3" cal. (42) ornamental trees= 14 tree credits (39) Existing treesProvided(3) Existing treesProvided(0) trees, 3" cal.Provided(33) Existing treesProvided(5) trees, 3" cal.(3) Existing treesProvidedParking Lot 17,233 s.f. (29) trees, 3" cal.Provided49,797 s.f.(5) trees, 3" cal.(42) ornamental trees= 14 trees creditsLANDSCAPE TABULATIONSLOT 4RPROGRESS SET - FOR REVIEW ONLYISSUEDThese documents are NOT FOR REGULATORY APPROVAL,PERMITTING OR CONSTRUCTION.They were prepared by, or under the supervision of:Chris M. Tronzano, Tx. Lic. #2042SMR Landscape Architects, Inc.07.05.2012 ITEM # 09 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-202R-TH-1, Villas of Lake Vista, PH 2 P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: South side of Lake Vista Drive, 970 feet east of North MacArthur Boulevard SIZE OF AREA: 9.3 acres of property CURRENT ZONING: PD-202-TH-1 (Planned Development-202-Townhouse-1) REQUEST: A zoning change to PD-202R-TH-1 (Planned Development-202 Revised- Townhouse-1), to amend the Detail Site Plan to allow 39 single -family lots and (5) five common area lots to replace 62 townhome lots and (8) eight common area lots. APPLICANT: Owner Engineer WPC 2004 Coppell LP Dowdy, Anderson & Assoc., Inc. Mark R. Wakeland Matt Alexander, P.E. 17480 Dallas Pkwy. 5225 Village Creek Dr. Suite 217 Suite 200 Dallas, TX. 75287-7304 Plano, TX. 75093 (972) 740-9472 (972) 931-0694 Email: markw@wakelandproperties.com Fax: (972) 931-9538 Email: malexander@daa-civil.com HISTORY: This property was initially identified as Phase Two development of the Villas of Lake Vista and was zoned for townhouses in 2004. At that time the zoning was changed from Highway Commercial (HC) to a Planned Development district (PD- 202-TH-1) to allow construction of 155 townhouses in two phases. Phase One development (a total of 93 dwellings) is now drawing to a close, but the market has shifted and the demand for free-standing units has altered the initial vision for the Villas. This application requests an amendment to the PD to allow single- family detached structures by reducing Phase Two density from 62 to 39 dwelling units. TRANSPORTATION: MacArthur Boulevard is a P6D, an improved four-lane divided thoroughfare contained within a 110-foot right–of-way. Lake Vista Drive is an improved street located in the City of Lewisville with a 70-foot-wide right-of-way. ITEM # 09 Page 2 of 3 SURROUNDING LAND USE & ZONING: North: office buildings; City of Lewisville zoning South: residential south of the levee; levee is zoned HC, single-family south of levee is zoned PD-132-SF-9 East: vacant; City of Lewisville zoning West: existing townhouses; PD-202-TH-1 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows the land as urban residential neighborhood, the use for which it is being proposed. DISCUSSION: As outlined in the HISTORY section of our staff comments, this property has been undergoing development for the last seven years. The demand for townhouses in Coppell has dwindled, and the market seems to be ripe for single- family detached dwellings on smaller lots. That is the product th e applicant proposes for this 9.3 acre site. Today, there is an approved plan for 62 townhouse units on lots that are generally 2500 to 2800 square feet in size. This request would reduce the number of lots to 39 and increase the lot size to a minimum of 5400 square feet. Although one lot is slightly shorter in length, lot widths have almost more than doubled and side yard setbacks go from zero to five feet. In addition, all units will be front entry with wooden garage doors similar to those in the existing portion of this development. Minimum dwelling unit size has been increased from 1600 to 1800 square feet, and overall lot coverage has been reduced from 70% to 60%. Because of the substantial reduction in density and the increase in lot dimensions, we are in support of this request with one minor concern. It deals with guest parking. The former plan reflected additional guest parking at a ratio of ½ parking space for each townhouse unit. We would like to see a similar ratio for these free-standing units as a 50-foot-wide lot does not allow for much guest parking in front of each dwelling. The applicant has shown a total of 19 spaces and although one space short of what would be desirable, this additional guest parking is movement in the right direction. The applicant has also added additional landscaping around these parking bays, and we recognize the effort to provide additional parking. In summary, the units are compatible with the existing townhouses, the roof pitches are right, the building materials are similar, the garage doors (a major part of front elevations) are properly designed, the density is appropriate, there is provision of additional parking—we support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with the following conditions: 1. Add provided off-street parking total to the Development Data Chart. 2. Provide fire hydrant on Calcot Drive. 3. There will be additional Engineering comments during detailed plan review. 4. Need letter from Lewisville acknowledging removal of parking lot south of amphitheater. ITEM # 09 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. Detailed Site Plan 2. Landscape and Wall Plan 3. Typical house elevations ΔΔΔDATENO.BYREVISIONSHEETPLATE NO.:DRAWNDESIGNCHECKEDDATESCALEJOB1103067J1"=50'06.18.12MWAMWAMWACITY OF COPPELLDENTON COUNTY, TEXASLEGAL DESCRIPTION - 9.269 ACRESBEING a tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 and the J.H. DONALDSURVEY, ABSTRACT NO. 1696, City of Coppell, Denton County, Texas and being part of Lot 1, Block K of VISTARIDGE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet U, Page351, Plat Records, Denton County, Texas and being more particularly described as follows:BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the common south line of said Lot 1and north line of Lot 2, Block K of VISTA RIDGE, an Addition to the City of Coppell, Denton County, Texas according tothe Plat thereof recorded in Cabinet F, Page 271, Plat Records, Denton County, Texas for the southeast corner of Lot 6X,Block A of VILLAS AT LAKE VISTA PHASE ONE, an Addition to the City of Coppell, Denton County, Texas accordingto the Plat thereof recorded in Cabinet W, Page 634, Plat Records, Denton County, Texas;THENCE Northerly, with the east line of said VILLAS AT LAKE VISTA PHASE ONE Addition, the following six (6)courses and distances:North 16 degrees 35 minutes 35 seconds West, leaving the above mentioned common line, a distance of 155.00 feet toa 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the north line of Snowshill Trail, a 50 footright-of-way;South 73 degrees 24 minutes 25 seconds West, with said north line of Snowshill Trail, a distance of 162.29 feet to a 1/2inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said north line with the east lineof a 15 foot alley, said point being at the beginning of a non-tangent curve to the right having a central angle of 14degrees 43 minutes 27 seconds, a radius of 150.00 feet and a chord bearing and distance of North 09 degrees 13minutes 53 seconds West, 38.44 feet;Northerly, leaving said north line and with said east line of a 15 foot alley and said curve to the right, an arc distance of38.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner;North 01 degrees 52 minutes 10 seconds West, continuing with said east line of a 15 foot alley, a distance of 292.30feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said east line of a 15foot alley with the south line of Cotswold Lane, a 50 foot right-of-way;North 88 degrees 07 minutes 50 seconds East, leaving said east line of a 15 foot alley and with said south line ofCotswold Lane, a distance of 12.57 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found forcorner;North 01 degrees 52 minutes 10 seconds West, leaving said south line of Cotswold Lane, a distance of 75.00 feet to a1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the south line of Lake Vista Drive, a 70 footright-of-way, for the northeast corner of Lot 8X, Block C of the above mentioned VILLAS AT LAKE VISTA PHASEONE Addition;THENCE Easterly, with the south line of said Lake Vista Drive, the following four (4) courses and distances:North 88 degrees 07 minutes 50 seconds East, leaving the above mentioned east line of VILLAS AT LAKE VISTAPHASE ONE Addition, a distance of 404.35 feet to a 5/8 inch iron rod with a plastic cap stamped “CARTER &BURGESS” found for corner at the beginning of a curve to the right having a central angle of 43 degrees 42 minutes44 seconds, a radius of 615.00 feet and a chord bearing and distance of South 70 degrees 00 minutes 48 seconds East,457.90 feet;Southeasterly, with said curve to the right, an arc distance of 469.20 feet to a 1/2 inch iron rod with a yellow plastic capfound for corner;South 48 degrees 09 minutes 27 seconds East, a distance of 341.49 feet to a 1/2 inch iron rod found for corner at thebeginning of a curve to the left having a central angle of 29 degrees 25 minutes 12 seconds, a radius of 685.00 feet anda chord bearing and distance of South 62 degrees 52 minutes 03 seconds East, 347.88 feet;Southeasterly, with said curve to the left, an arc distance of 351.73 feet to a 5/8 inch iron rod with a plastic cap stamped“CARTER & BURGESS” found in the north line of the above mentioned Lot 2 for the east corner of the abovementioned Lot 1;THENCE Westerly, with the common south line of said Lot 1 and the north line of said Lot 2, the following three (3)courses and distances:North 78 degrees 54 minutes 30 seconds West, leaving the above mentioned south line of Lake Vista Drive, a distanceof 582.20 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner;North 89 degrees 11 minutes 34 seconds West, a distance of 305.69 feet to a 1/2 inch iron rod with a yellow plastic capstamped “DAA” found for corner;South 73 degrees 24 minutes 25 seconds West, a distance of 329.84 feet to the POINT OF BEGINNING andcontaining 9.269 acres or land, more or less.P:\Projects LDD\03067\dwg\03067p.dwg, DETAILED SITE PLAN - PH 2, 7/9/2012 3:53:07 PM, chelffrich, Dowdey, Anderson & Associates, Inc., CH ITEM # 10 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Villas of Lake Vista, PH 2, Preliminary Plat P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: South side of Lake Vista Drive, 970 feet east of North MacArthur Boulevard SIZE OF AREA: 9.3 acres of property CURRENT ZONING: PD-202-TH-1 (Planned Development-202-Townhouse-1) REQUEST: A preliminary plat to allow 39 single-family lots and (5) five common area lots to replace 62 townhome lots and (8) eight common area lots. APPLICANT: Owner Engineer WPC 2004 Coppell LP Dowdy, Anderson & Assoc. Mark R. Wakeland Matt Alexander, P.E. 17480 Dallas Pkwy. 5225 Village Creek Dr. Suite 217 Suite 200 Dallas, TX. 75287-7304 Plano, TX. 75093 (972) 740-9472 (972) 931-0694 Email: markw@wakelandproperties.com Fax: (972) 931-9538 Email: malexander@daa-civil.com HISTORY: This property was preliminarily platted shortly after the zoning change to Planned Development for 155 townhouses was approved in 2004. A Preliminary Plat was approved by Council in August of 2004, and a Final Plat was approved for Phase One development for 92 townhouse lots in November. Phase Two, the subject of this request and the remainder of the overall development package, was never submitted for final plat approval, hence, the request for this revised Preliminary Plat. ITEM # 10 Page 2 of 2 TRANSPORTATION: MacArthur Boulevard is a P6D, an improved, four-lane divided, concrete thoroughfare contained within a 110-foot right-of-way. Lake Vista Drive is an improved street located in the City of Lewisville with a 70-foot wide right-of-way. SURROUNDING LAND USE & ZONING: North: office buildings; City of Lewisville zoning South: residential south of the levee; levee is zoned HC, single family south of the levee is zoned PD-132-SF-9 East: vacant; City of Lewisville zoning West: existing townhouses; PD-202-TH-1 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows the land as an urban residential neighborhood, the use for which it is being developed. DISCUSSION: As a companion piece to the case just heard, staff supports this request to Preliminary Plat this property into 39 single -family lots with five common areas, subject to conditions. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request to preliminary plat this property with the following conditions: 1. Coordinate with the City of Lewisville and LID for curb cuts and drainage tie-ins. 2. Zoning is PD-202-RTH, not RSF. 3. Label Point of Beginning on Preliminary Plat. 4. Contact City of Lewisville and advise them of parking lot removal; obtain writ ten acknowledgement from the City. 5. There will be additional comments during detailed Engineering plan review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request ATTACHMENTS: 1. Preliminary Subdivision Plat Document ΔΔΔLEGAL DESCRIPTION - 9.269 ACRESBEING a tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 and the J.H. DONALDSURVEY, ABSTRACT NO. 1696, City of Coppell, Denton County, Texas and being part of Lot 1, Block K of VISTARIDGE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet U, Page351, Plat Records, Denton County, Texas and being more particularly described as follows:BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the common south line of said Lot 1and north line of Lot 2, Block K of VISTA RIDGE, an Addition to the City of Coppell, Denton County, Texas according tothe Plat thereof recorded in Cabinet F, Page 271, Plat Records, Denton County, Texas for the southeast corner of Lot 6X,Block A of VILLAS AT LAKE VISTA PHASE ONE, an Addition to the City of Coppell, Denton County, Texas accordingto the Plat thereof recorded in Cabinet W, Page 634, Plat Records, Denton County, Texas;THENCE Northerly, with the east line of said VILLAS AT LAKE VISTA PHASE ONE Addition, the following six (6)courses and distances:North 16 degrees 35 minutes 35 seconds West, leaving the above mentioned common line, a distance of 155.00 feet toa 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the north line of Snowshill Trail, a 50 footright-of-way;South 73 degrees 24 minutes 25 seconds West, with said north line of Snowshill Trail, a distance of 162.29 feet to a 1/2inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said north line with the east lineof a 15 foot alley, said point being at the beginning of a non-tangent curve to the right having a central angle of 14degrees 43 minutes 27 seconds, a radius of 150.00 feet and a chord bearing and distance of North 09 degrees 13minutes 53 seconds West, 38.44 feet;Northerly, leaving said north line and with said east line of a 15 foot alley and said curve to the right, an arc distance of38.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner;North 01 degrees 52 minutes 10 seconds West, continuing with said east line of a 15 foot alley, a distance of 292.30feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said east line of a 15foot alley with the south line of Cotswold Lane, a 50 foot right-of-way;North 88 degrees 07 minutes 50 seconds East, leaving said east line of a 15 foot alley and with said south line ofCotswold Lane, a distance of 12.57 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found forcorner;North 01 degrees 52 minutes 10 seconds West, leaving said south line of Cotswold Lane, a distance of 75.00 feet to a1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the south line of Lake Vista Drive, a 70 footright-of-way, for the northeast corner of Lot 8X, Block C of the above mentioned VILLAS AT LAKE VISTA PHASEONE Addition;THENCE Easterly, with the south line of said Lake Vista Drive, the following four (4) courses and distances:North 88 degrees 07 minutes 50 seconds East, leaving the above mentioned east line of VILLAS AT LAKE VISTAPHASE ONE Addition, a distance of 404.35 feet to a 5/8 inch iron rod with a plastic cap stamped “CARTER &BURGESS” found for corner at the beginning of a curve to the right having a central angle of 43 degrees 42 minutes44 seconds, a radius of 615.00 feet and a chord bearing and distance of South 70 degrees 00 minutes 48 seconds East,457.90 feet;Southeasterly, with said curve to the right, an arc distance of 469.20 feet to a 1/2 inch iron rod with a yellow plastic capfound for corner;South 48 degrees 09 minutes 27 seconds East, a distance of 341.49 feet to a 1/2 inch iron rod found for corner at thebeginning of a curve to the left having a central angle of 29 degrees 25 minutes 12 seconds, a radius of 685.00 feet anda chord bearing and distance of South 62 degrees 52 minutes 03 seconds East, 347.88 feet;Southeasterly, with said curve to the left, an arc distance of 351.73 feet to a 5/8 inch iron rod with a plastic cap stamped“CARTER & BURGESS” found in the north line of the above mentioned Lot 2 for the east corner of the abovementioned Lot 1;THENCE Westerly, with the common south line of said Lot 1 and the north line of said Lot 2, the following three (3)courses and distances:North 78 degrees 54 minutes 30 seconds West, leaving the above mentioned south line of Lake Vista Drive, a distanceof 582.20 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner;North 89 degrees 11 minutes 34 seconds West, a distance of 305.69 feet to a 1/2 inch iron rod with a yellow plastic capstamped “DAA” found for corner;South 73 degrees 24 minutes 25 seconds West, a distance of 329.84 feet to the POINT OF BEGINNING andcontaining 9.269 acres or land, more or less.P:\Projects LDD\03067\dwg\03067p.dwg, PRELIMINARY PLAT - PH 2), 7/9/2012 3:52:39 PM, chelffrich, Dowdey, Anderson & Associates, Inc., CH 1 Matt Steer From:TCCI Land Development <111tcci@att.net> Sent:Friday, July 20, 2012 11:12 AM To:Matt Steer Subject:Re: Planning & Zoning Commission Agenda and Staff Reports Matt I want to appeal to the Council. Tommy N. Cansler TCCI Land Development Inc. 3930 Glade Road Suite 108-322 Colleyville, Texas 76034 469-688-8224 From: Matt Steer <MSteer@coppelltx.gov> To: Tommy Cansler <111TCCI@ATT.NET> Cc: Robert B Rollings <Rbroll13@aol.com>; "ttabor@ttc-pllc.com" <ttabor@ttc-pllc.com> Sent: Fri, July 20, 2012 8:53:05 AM Subject: RE: Planning & Zoning Commission Agenda and Staff Reports Tommy, We’re preparing the notice for the newspaper and needed to know if you were you going to appeal the Commission’s denial to Council, or bring back a revised application. Please let us know so we can schedule accordingly. Thanks, Matt Matthew Steer, AICP City Planner Planning Department City of Coppell 255 Parkway Boulevard Coppell, TX 75019 972-304-3559 ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-200R3-SF-7, Petterson Addition P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: North side of Sandy Lake Road, 130 feet west of Summer Place Drive SIZE OF AREA: 2.27 acres of property CURRENT ZONING: PD-200R2-SF-12 (Planned Development-200 Revision 2-Single Family-12) REQUEST: A zoning change to PD-200R3-SF-7 (Planned Development-200 Revision 3- Single Family-7), to allow the development of eight (8) residential lots and three (3) common area lots. APPLICANT: Applicant: Engineer: Timberland Creek Co., Inc. Tommy Tabor, P.E. 3930 Glade Road, Ste. 108-322 1301 E Debbie Lane, Ste. 102-152 Colleyville, Texas 76034 Mansfield, Texas 76063 Phone: 469-688-8224 972-896-6989 Email: 111TCCI@att.net TTabor@ttc-pllc.com Owner: Nancy Petterson 440 Leisure Lane Coppell, Texas 75019 Phone: 214-288-2295 HISTORY: In September of 2006, City Council changed the zoning on this property from Duplex (2F-9) to Planned Development-200 Revised-SF-12, to allow the construction of four free-standing residential structures on this tract. Another revision to the Planned Development was approved in May 2008 allowing for: 1. Realignment of the north/south private drive (mutual access/fire lane easement) on the west side of the development; 2. An exception to the garage access requirement that states garage access must only be accessed off of the alley when an alley is present; 3. Revised landscape plan; and ultimately 4. The construction of four west-facing single-family homes. ITEM # 4 Page 2 of 3 TRANSPORTATION: Sandy Lake Road is currently a substandard, two-lane, asphalt road. It is scheduled to be a four-lane, divided concrete street, contained within a right-of-way of 100 feet. Utilities are undergoing relocation and construction is scheduled to begin next year. SURROUNDING LAND USE & ZONING: North: Summer Place housing (single-family homes on approximately 4,000 square foot lots); PD-148 South: Single family homes; SF-7 (Single-Family -7) East: Summer Place housing (single-family homes on approximately 4,000 square foot lots); PD-148 West: Estate single family housing; SF-12 (Single Family-12) on minimum 5-acre lots COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for residential neighborhood. DISCUSSION: This is a proposed rezoning from a Planned Development Single Family -12 district (12,000 square foot minimum lot size) to a Planned Development, Single Family–7 District to allow the construction of eight homes on 7,000 square foot minimum lots. This is twice the intensity of the current Planned Development (which allows only four units). In 2006, Council approved a rezoning from 2F-9 to Planned Development SF-12. At that time, special consideration was given to the request for single-family lots roughly ½ acre in size fronting on a private drive which was proposed to extend north/south along the western side of the development. From a land-use perspective, the proposed SF-12 zoning provided an appropriate transition from the large five-acre lot development on the west to the 4,200 square foot lots to the east. In April 2011, Council approved a rezoning for a very similarly size property just to the east of Summer Place. The development, known as Bellacere, was approved with eight lots. Within the Coppell 2030 Master Plan and similar to the subject property, the Bellacere property is designated as “Residential Neighborhood”. The appropriate density within this land use classification is based on the compatibility with the character of the existing development in the immediate vicinity. In the Bellacere case, the adjacent lot size to the east ranged from 14,000 to 43,000 square feet and to the west was 4,200 square feet (the zero lot line Summer Place subdivision). The lot size adjacent to the subject property to the west is significantly larger in this particular case with the lots at Cottonwood Estates being at least five acres in size. SF-12 would be the ideal zoning for this property; however, based on what was approved at Bellacere (6,340 square foot minimum lot size) staff could support SF-7 as the base zoning for this property. Staff has concerns related to the location of the street within the proposed development. As proposed, the street is directly adjacent to the alleyway of Summer Place. Staff recommends that the street be “flipped” to the west side of the proposal, just as was approved in 2008. This would eliminate the amount of contiguous paving on the project. As presented, the applicant is simply proposing a wooden fence along the east property ITEM # 4 Page 3 of 3 line. This does little to break up the expansive amount of horizontal paving. This is insufficient and poor planning. There are instances where the cross section consists of a five-foot sidewalk, 28-foot roadway, ten-foot parallel parking space, a 3.5-foot area with wood fence, and a ten-foot alleyway. Within this proposal, the applicant is requesting an exception to the Subdivision Ordinance requiring construction of an alleyway for Lots 1R-6R. Each lot is proposed to have front entry garages, creating the need for a PD Condition stating that Lots 7 and 8 are not required to have garage access from the alleyway. Four exceptions to the SF-7 base zoning are: six foot minimum side yard setback (eight foot minimum required), 60 foot minimum lot width (65 foot minimum required), 20 foot minimum front yard setback along the cul-de-sac (25 foot minimum required), and no setback is required adjacent to Lot 3X. The PD regulations are attached. A 15-foot Common Area (Lot 1X) with plantings and a six-foot tall masonry wall is proposed along Sandy Lake. This meets the streetscaping requirement of the Subdivision Ordinance for a residential subdivision abutting Sandy Lake. The parallel parking, landscape area, masonry wall and proposed fencing will be maintained by a Homeowners’ Association to be established at this time. Lot 2X is proposed along the east side of the road and will contain the parallel parking spaces as well as a small area of green space. There is a detention facility proposed in the northwest corner of the subdivision. It is designated as Lot 3X and shall also be maintained by the HOA. The Draft HOA documents have not been submitted for legal review. All and all, staff will be able to recommend approval of a revised proposal with the street “flipped” to the western side of the development, but is unable to support the proposal as currently configured. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of PD-200R3-SF-7 as presented. If a new application is submitted that has the street “flipped” to the west side, staff will be able to support the request. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Proposed PD Conditions 2. Site Plan/Rezoning Exhibit 3. Tree Survey 4. Landscape Plan 5. Wall/Fence Details Propose PD Conditions – Petterson Addition A 2.268 acre tract – Located on Sandy Lake Road (325 W. Sandy Lake Road) Petterson Addition Present Zoning – PD-200R2-SF-12 Propose Zoning – PD–200R3–SF-7 Propose Use Regulations Any use permitted in SF-7 with the following modifications: Area Regulations Dwellings - All dwellings shall be detached. Front Yard – Minimum 25 feet Side Yard - Minimum 6 feet Rear Yard - Minimum 20 feet Lot Area – Minimum 7,000 square feet Minimum Average Lot Area for Entire Site – 8,500 square feet Minimum Lot Width – 60 feet Minimum Lot Depth – 100 feet Minimum Dwelling Size – 2,000 square feet, exclusive of garages, breezeways and porches. Maximum Lot Coverage - 50 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. Maximum Height of Structure – 35 feet Parking/Driveway Regulations: Two enclosed parking spaces shall be provided behind the front yard setback line. Sidewalk shall be constructed on the west side of the street only. Type of Exterior Construction: At least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows, and the area above the top plate line. Tree Retribution: A tree removal permit shall be required prior to the removal of any trees. Homeowners Association: The homeowners association shall maintain the utility, access and fire lane easements. The homeowners association shall maintain all Common Lots. Lot 1XR, Lot 2XR, LOT 3XR and perimeter fences shall be maintained by the Homeowners Association. Homeowners Association documents shall be submitted, reviewed and approved to the City in accordance with the Code of Ordinances. Subdivision Regulation: Property shall be platted in accordance with the Subdivision Ordinance, except as amended herein. The property shall be developed and used in accordance with the SF-7 development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Zoning Exhibit/Site Plan, Landscaping Plan / Tree Survey, and Wall Details. Only Lot 7R and Lot 8R will have alley access. No alley shall be constructed for this development. Lots 5R, 6R, 7R and 8R shall have minimum 20 feet Front Yard Setback. Lot 3XR and Lot 7R shall have no lot to lot Setback TREE PRESERVATIONP E T T E R S O N A D D I T I O N P E T T E R S O N A D D I T I O NLANDSCAPE PLAN July 24, 2012 Mr. Matt Steer City Planner City of Coppell 255 Parkway Coppell, Texas 75019 RE: PD-250R3R-H – Entry Feature Sign Dear Mr. Steer: As required by the zoning ordinance, we wish to appeal the decision of the Planning & Zoning Commission. The comments and actions of the Commission compel us to request that Staff or Council intervene to communicate the objectives we share with the City for this development. We wish to expend every effort to make this area spectacular, despite the repeated negativity expressed publicly by the Commissioners which only empowers the few opponents to the project. We are concerned by the continuing disconnect between the contract with the CEDF and the attitudes and actions of P&Z. Our designs indicate our willingness to spare no expense to bring an incredible development to Coppell, but the reception at P&Z is problematic. The statements by the commissioners in recent presentations don’t coincide with the vision we thought we all shared. Not only were we stunned to hear a Commissioner state that chain restaurants are not wanted in Coppell, the Commissioners believe it is their place to dictate the tenancies of the project, referring to boutique or artist uses. The Commission collectively seems only vaguely familiar with the historical guidelines, unconcerned about the existing PD in place or the overall concept plan for the development. We should not be explaining why there are garages at the cottages, nor should there be comments about what Commissioners prefer architecturally since the plans presented match the PD. Discussing the name of the project occurred over four years ago and is not an issue for P&Z or further Staff comment. This on-going determination of whether the project is the highest and best use as designed is awkward since the PD was approved during the due diligence period of the contract. Some do not like exposed rafters, even though they are historically accurate and already visible on Bethel Road. This detail is actually more expensive for us to construct than an enclosed soffit. We regretfully included them here out of respect for the adjacent architecture. We would not have undertaken this project if we had any reason to expect the ambivalence of the Commission toward economic development. We are actively engaged in discussions with chain restaurants, trying to market this in-fill site as a restaurant destination even though the traffic counts on Bethel Road are below 2,500 vehicles per day. Because these Commissioners were not part of the 2008 public meeting when Lee Foreman was chairman, they perform as though we are still in the preliminary planning stages of the development. We need to do something to make them more comfortable with the design team. Bill Peck brings exemplary talent, experience and knowledge of historical architecture; Marc Funderburk at Land Patterns is an award-winning Dallas landscape designer with over thirty years’ experience. Because it is imperative that we present a dramatic landmark at the Main Street entry, we chose Dan Holzschuh from Landmark Signs to help us produce a one of a kind design. We presented Landmark’s credentials to the Commission months ago, allowing them time to consider his work which is accessible through his website. In addition to branding a number of landmark Dallas-area restaurants, his metal sculptures and murals are commissioned by national brands. Instead of the Commissioners having regard for his art or researching his work as we encouraged previously, it was actually stated during the case that a graphic artist be used to fix his design. Please encourage the Council to look at his work which includes Zagat-rated restaurants. It is imperative that we brand this area with high energy and within a historical context. Fearing that historical neon signs would somehow spread throughout the community is not a reasonable conclusion. Not only would they be out of character and unwanted on any property I’ve developed on Denton Tap, they are very expensive. The sign we propose is estimated to cost $15,000, far more than most surrounding property owners would consider spending. The Commission decided that the font was not historical, when in fact the artist gave us several recommendations from his archive of historical letter sets. We thought the appearance and added expense of letters cut by hand would add interest to the project. Commissioners drifted into discussions about the orientation of the Main Street sign facing north and whether the restaurant signs should be on the north elevation or not. That issue was already voted upon when the entry feature structure was approved. This type of deliberation continues to create confusion and presents the appearance that there is uncertainty about the concept plan. The Commission clearly prefers that nothing change in this area. Charles and I have too many good friends in Coppell to believe this position is widely held. The community has long endured strip center restaurant restraints and this may be Coppell’s final opportunity to have a restaurant/retail destination area. We wish to market Main Street to restaurateurs confident we won’t be undermined or even embarrassed by P&Z comments about the project when our prospects or their brokers are present. Our goal is not to reproduce a Grapevine, Roanoke or Southlake: it is to exceed their developments where we can. We are trying to attract some of those very same restaurants and retailers, despite an inferior location. It is critical that we build a monument at the project entrance immediately to show these prospects we are investing in their success. It is not an issue of economic growth at any cost, but creating a special destination which compels people to visit and return. The owner of one widely successful restaurant chain toured Main Street and Denton Tap with me last month. After stopping at every strip center restaurant on the street, he asked me to measure the amount of time from the Denton Tap and Sandy Lake Road intersection to our project. After reaching Main Street, he asked “why would anyone come down here when their grocery store and dry cleaner are back there?” During a similar tour three weeks ago, another great prospect was very concerned about the negative impact of the Billingsley project, concerned that the Freeport office workers would be diverted to Irving. He asked me “what are you going to do to make this area stand up to that competition when it arrives?” The Staff, Commission and Council own these questions and solutions along with us. The Commission does not seem to understand how difficult marketing this site will continue to be without a unified effort. The dismissive attitude prevalent in the meetings is disheartening given we are days away from being $1.5M invested in Main Street. How are we to react when P&Z is publicly commenting on what they would design or build, not really focused on the actual zoning cases? We were not offered any options, such as reducing the scale of the sign. We would have supported a ten or twenty percent reduction if required to satisfy them. Instead it was made clear that they don’t want any part of it. If there is a genuine public outcry about the sign after it is installed, obviously Staff and Council should be confident that we would take action to satisfy those concerns. It remains an objective of this development to reproduce historically accurate styles and going to great effort to bring a variety of design elements into the project to create interest in each structure. These are all tribute buildings intended to represent a variety of traditional Texas architecture. Our hope is that Council will recognize that historic signs are imperative to selling this image while serving as public art and restaurant advertising for the project. We appreciate Staff’s support in this endeavor. Sincerely yours, Greg Yancey Main Street Coppell, LP (214) 215-9400 gregyancey@verizon.net ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-250R3R-H, Old Town Addition (Main St), Entry Feature Sign Lot 1RX, Block B P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: SEC of Bethel Road and Main Street SIZE OF AREA: 0.022 acres of property CURRENT ZONING: PD-250R3-H (Planned Development-250 Revision 3-Historic) REQUEST: A zoning change to PD-250R3R-H (Planned Development-250 Revision 3 Revised-Historic), to establish a Detail Sign for the Entry Feature. APPLICANT: Applicant: Architect: Greg Yancey Bill Peck Main Street Coppell LTD William Peck & Associates, Inc. P.O. Box 1790 105 W. Main Street Coppell, Texas 75019 Lewisville, Texas 75057 Phone: (972) 215-9400 Phone: (972) 221-1424 Email: gregyancey@verizon.net Email: bill@peckarchitects.com HISTORY: In January 2007, 17 acres were rezoned to Historic and the future land use plan was amended to allow for a continuation of the targeted uses outlined in the Old Coppell Master Plan - retail, offices, restaurants and similar uses. In August 2010, a final plat of the entire property was approved. This subdivided the larger tract of property for the purpose of establishing street rights-of-way and easements for necessary infrastructure to support development. This resulted in a total of seven blocks containing nine lots and seven different street segments. In April 2011, the zoning for the conceptual planned development was approved. This depicted the overall plan and presented the general regulations each Detailed Planned Development should follow. In April 2012, the first of the detail plans was approved for 44 patio-home lots. In May 2012, the Old Town Square was approved as was the entry feature of the subject property and an 80-space parking lot. TRANSPORTATION: Bethel Road is a recently improved two-lane concrete road with intermittently spaced angled parking contained within a variable width right-of-way. ITEM # 8 Page 2 of 2 Main Street is currently under construction. It will be a two-lane divided boulevard within a 114-foot right-of-way. SURROUNDING LAND USE & ZONING: North: barber shop; H (Historic) South: vacant, planned for office or restaurant; PD-250-H (Planned Development – 250 – Historic) East: vacant, planned for office or restaurant; PD-250-H (Planned Development – 250- Revised – Historic) West: office; H (Historic) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan shows the property as suitable for development in accordance with the Old Coppell Historic Special Area Plan. That Plan shows an entry feature as an appropriate land use for this lot. DISCUSSION: This is a detail sign amendment to the detail plan approved in May 2012. The replica grain elevator and silo were approved as an entry feature with the intention of providing a place for signage. A 10 foot x 12 foot galvanized grey expanded metal sign board is proposed to be mounted to the grain elevator. Mounted to the signboard are: aluminum channel letters ranging from three to five feet in height (painted with high gloss acrylic polyurethane to resemble porcelain enamel) with exposed green neon spelling “Main Street” and with 1.5-foot exposed red neon spelling “Coppell”. The proposed sign is a deviation from the standard white channel letter sign with 20% logo required elsewhere in Coppell. Because it is located within the Historic District, flexibility can be given to the sign design. Neon was popular between the 1920s and 1950s, embodies Old Coppell’s historic character and the character of this development. Staff is recommending approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-250R3R-H, Old Town Addition (Main Street Entry Feature Sign) with no outstanding conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Cover Sheet/Vicinity Map 2. Sign Design 3. Color Rendering 4. Grain Elevator & Sign Location SITE LOT-1R BLK.-D SITE DATA TABLE LOT-1RX BLOCK-B OLD TOWN ADDITION EXISTING ZONING - PD-250-H PROPOSED ZONING- PD-250R3R-H PROPOSED USE: ENTRY FEATURE / SIGNAGE AREA OF PROPOSED USE - 970 SQ. FT. BUILDING AREA - GRAIN SILO - 78.5 SQ. FT. GRAIN ELEVATOR - 225 SQ. FT. BUILDING HEIGHT - 34'-6" PROPOSED LOT COVERAGE- 31.3% ADJACENT ZONING: NORTH - H SOUTH - PD-250-H EAST - PD-250-H WEST - PD-250-H 34'-6" TOP OF RIDGE 0" TOP OF SLAB 14' 24' 14' 24' SIGN TO STAY BETWEEN 14' & 24' SIGN TO STAY BETWEEN 14' & 24' ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-250R5-H, Old Town Addition (Main St), Retail/Office Cottages Lots 2R-4R, Block A P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: NWC of Main Street and Houston Street SIZE OF AREA: 0.35 acres of property CURRENT ZONING: PD-250-H (Planned Development-250-Historic) REQUEST: A zoning change to PD-250R5-H (Planned Development-250 Revision 5- Historic), to establish a Detail Site Plan for three (3) retail/office cottage buildings on three (3) separate lots. APPLICANT: Applicant: Architect: Greg Yancey Bill Peck Main Street Coppell LTD William Peck & Associates, Inc. P.O. Box 1790 105 W. Main Street Coppell, Texas 75019 Lewisville, Texas 75057 Phone: (972) 215-9400 Phone: (972) 221-1424 Email: gregyancey@verizon.net Email: bill@peckarchitects.com HISTORY: In January 2007, 17 acres were rezoned to Historic and the future land use plan was amended to allow for a continuation of the targeted uses outlined in the Old Coppell Master Plan - retail, offices, restaurants and similar uses. In August 2010, a final plat of the entire property was approved. This subdivided the larger tract of property for the purpose of establishing street rights-of-way and easements for necessary infrastructure to support development. This resulted in a total of seven blocks containing nine lots and seven different street segments. In April 2011, the zoning for the conceptual planned development was approved. This depicted the overall plan and presented the general regulations each Detailed Planned Development should follow. In April 2012, the first of the detail plans was approved for 44 patio-home lots. In May 2012, the Old Town Square was approved as was the entry feature and an 80-space parking lot. TRANSPORTATION: Main Street is currently under construction. It will be a two-lane divided boulevard within a 114-foot right-of-way with on-street angled parking on both sides. ITEM # 6 Page 2 of 3 Houston Street, located south of Lot 2R, Block A is also currently under construction. It connects South Coppell Road with Hammond Street and provides an east/west connection between East & West Main Streets. It will be a 24-foot- wide two-way street within an 81-foot right-of-way with intermittent on-street angled parking on both sides. SURROUNDING LAND USE & ZONING: North: office; H (Historic) South: vacant, planned for restaurant uses; PD-250-H (Planned Development – 250 – Historic) East: vacant, planned for office; PD-250-H (Planned Development – 250 Revised – Historic) West: parking lot; PD-250R4-H (Planned Development – 250 Revision 4 – Historic) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan shows the property as suitable for development in accordance with the Old Coppell Historic Special Area Plan which designates office/retail cottages as appropriate land uses for this lot. DISCUSSION: This is a request to build three retail/office cottages on three separate lots located at the northwest corner of Houston Street and Main Street. Access to each building is provided both from the front and the rear. They are proposed to be two story structures, ranging in size from 2,800 square feet to 3,800 square feet. There are two parking spaces proposed on-site (includes one handicap to be located within the garage). There are several on-street parking spaces available as well as the 80 space parking lot to the west which will serve these sites. Staff performed a parking analysis for the overall development at the time the Conceptual PD was considered and the parking provided within this proposal meets the parameters outlined (2 onsite parking spaces). The use is still assumed to be professional office, although some interest has been received from other types of users. If another use, other than office is desired, then it could be accommodated and would be deducted from the overall surplus parking approved within the Conceptual Plan. The buildings, each designed with a front porch, are proposed to be setback 12 feet from the sidewalk. Materials are representative of the craftsman style architecture with horizontal and cedar-shake siding. Brick and stone are proposed to be used on the porches and columns. The on-site landscaping will be reflective of the landscape area approved with the original Conceptual Plan and will be complimentary to the landscaping to be planted within the landscape islands and tree wells within the right-of-way. Staff is recommending approval subject to a Detail Landscape Plan being submitted. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-250R4-H, Old Town (Main Street) Addition, Lot 2R-4R, Block A, subject to the submittal of a Detail Landscape Plan. ITEM # 6 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. Color Renderings 2. Site Plan 3. Elevations WILLIAM PECK & A S S O C I A T E S I N C. A R C H I T E C T S Lewisville, Tx (972) 221-1424 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AND IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS COTTAGE #11 These plans are intended to provide the basic construction information necessary to substantially complete this structure. These construction documents must be verified and checked by the builder or person in authority of this project. Any discrepancy, error, and/ or omissions, if any, are to be brought to the attention of the Designer prior to any construction or purchases being made. It is recommended that the owner or builder obtain complete engineering services for: foundation, HVAC, and structural, prior to construction of any kind. NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedence over any part of these construction documents which may conflict with same, and must be strictly obeyed and followed before and during construction. THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OF WILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED OR REPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDMAIN STREET COPPELL WILLIAM PECK & A S S O C I A T E S I N C. A R C H I T E C T S Lewisville, Tx (972) 221-1424 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AND IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS COTTAGE #12 These plans are intended to provide the basic construction information necessary to substantially complete this structure. These construction documents must be verified and checked by the builder or person in authority of this project. Any discrepancy, error, and/ or omissions, if any, are to be brought to the attention of the Designer prior to any construction or purchases being made. It is recommended that the owner or builder obtain complete engineering services for: foundation, HVAC, and structural, prior to construction of any kind. NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedence over any part of these construction documents which may conflict with same, and must be strictly obeyed and followed before and during construction. THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OF WILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED OR REPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDMAIN STREET COPPELL WILLIAM PECK & A S S O C I A T E S I N C. A R C H I T E C T S Lewisville, Tx (972) 221-1424 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AND IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS COTTAGE 13 These plans are intended to provide the basic construction information necessary to substantially complete this structure. These construction documents must be verified and checked by the builder or person in authority of this project. Any discrepancy, error, and/ or omissions, if any, are to be brought to the attention of the Designer prior to any construction or purchases being made. It is recommended that the owner or builder obtain complete engineering services for: foundation, HVAC, and structural, prior to construction of any kind. NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedence over any part of these construction documents which may conflict with same, and must be strictly obeyed and followed before and during construction. THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OF WILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED OR REPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDMAIN STREET COPPELL SHEET 4 OF 30 A-004SITE PLANMAIN STREET COPPELLLOTS 2R, 3R, 4R BLOCK-AOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST COPPELL, TEXASDATE: 07-11-2012N 12'-0"8'-0"64'-7"8'-3 5/16"9'-11 15/16" 10'-0"12'-0"10'-0"8'-3 5/16"16'-1/4" 5'-0"24'-0"2'-0"10'-3"3'-9 1/4"18'-0"8'-0"9'-0" 2'-6"6'-0"6'-0"10'-11 15/16"12'-0"5'-11 15/16" 12'-0"12'-0"12'-0"6'-4 5/16"9'-0"3'-0"24'-0"7'-3/16"12'-0"8'-0"40'-1"24'-6"8'-3 3/8"11'-6 11/16"12'-0"9'-10 9/16"8'-3 3/8"17'-10 3/4"24'-0"5'-10 3/4"9'-0"3'-0"18'-0"8'-0"9'-0" 10'-0"6'-0"6'-0"18'-0"10'-4 11/16" 18'-0"10'-0"10'-4 11/16"5'-0"4'-6"5'-0"4'-6"ACCESS AND 20' UTILITY EASEMENT ACCESS AND 20' UTILITY EASEMENT 5' UTILITY EASEMENT5' UTILITY EASEMENT EXISTING PAVING STOPS HERE 5' X 5' UTILITY EASEMENT 5' X 5' UTILITY EASEMENT 5' X 5' UTILITY EASEMENT NEW PAVING STARTS HERE 5' 5' FIRE HYDRANT BACK PORCH FRONT PORCH WALKWAY DRIVEWAY WALKWAYPARKING SPACE ACCESSIBLE PARKING SPACE RAMP SLOPE 1:12 LANDING N 88º 12' 07" E 92.86'N 88º 12' 07" E 92.86'N 01º 47' 53" W 51.83' S 01º 47' 53" E 51.83'WALKWAY TO SLOPEUP TO FRONT PORCHPROPOSED 2 STORY BUILDING BACK PORCH FRONT PORCH WALKWAYPARKING SPACE ACCESSIBLE PARKING SPACE RAMP SLOPE 1:12 LANDING WALKWAYN 88º 12' 07" E 92.86'N 01º 47' 53" W 56.83' S 01º 47' 53" E 56.82' MAIN STREETHOUSTON ST.DRIVEWAY BACK PORCH FRONT PORCH WALKWAY DRIVEWAY WALKWAYPARKING SPACE ACCESSIBLE PARKING SPACE RAMP SLOPE 1:12 LANDING N 88º 12' 07" E 92.88'N 01º 47' 53" W 55.27' S 01º 47' 53" E 53.48' LOT-3R BLOCK-A LOT-2R BLOCK-A LOT-4R BLOCK-A WALKWAY TO SLOPEUP TO FRONT PORCHWALKWAY TO SLOPEUP TO FRONT PORCHN PROPOSED 2 STORY BUILDING PROPOSED 2 STORY BUILDING EXISTING TREE WELL EXISTING TREE WELL EXISTING TREE WELL EXISTING TREE WELL EXISTING TREE WELL NEW TREE WELL NEW TREE WELL EXISTING ISLANDEXISTING ISLAND EXISTING ISLAND EXISTING PAVINGNEW PAVINGZONING PD-250-H ZONING PD-250R4-H ZONING PD-250-H ZONING PD-250-H SCALE: 1" = 10'A SITE PLAN LOT-2R BLK.-D LOT-3R BLK.-D LOT-4R BLK.-D OWNER & PROFESSIONAl INFORMATION OWNER MAIN STREET COPPELL, LP 4956 N. O"CONNOR ROAD IRVING, TEXAS 75062 P:214-215-9400 ARCHITECT BILL PECK WILLIAM PECK AND ASSOCIATES, INC. 105 WEST MAIN ST. LEWISVILLE, TX 75057 P: 972-221-1424 SITE DATA TABLE LOT-3R BLK-A EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R5-H PROPOSED USE- OFFICE OR RETAIL AREA OF PROPOSED USE- 0.111 ACRES BUILDING AREAS (2 STORIES): 1ST FLOOR (BUILDING FOOTPRINT) - 2,165 SQ. FT. 2ND FLOOR - 683 SQ. FT. TOTAL BUILDING FOOTAGE - 2,848 SQ. FT. FLOOR AREA RATIO - 2848 SF. / 4813 SF. = .59 BUILDING HEIGHTS (TO MAIN RIDGE OF BUILDING) : 25'-10" REQUIRED PARKING - 2848 / 300 = 9 SPACES PROVIDED PARKING - SHARED PARKING + 2 SPACES PROPOSED LOT COVERAGE - 44.98% LEGEND CITY LIGHT POLE SITE DATA TABLE LOT-2R BLK.-A EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R5-H PROPOSED USE- OFFICE OR RETAIL AREA OF PROPOSED USE- 0.121 ACRES BUILDING AREAS (2 STORIES): 1ST FLOOR (BUILDING FOOTPRINT) - 2,357 SQ. FT. 2ND FLOOR - 1,033 SQ. FT. TOTAL BUILDING FOOTAGE - 3,826 SQ. FT. FLOOR AREA RATIO - 3,826 SF. / 5,277 SQ = .725 BUILDING HEIGHT (TO MAIN RIDGE OF BUILDING) := 31'-3 1/8" REQUIRED PARKING- 3826 / 300 = 13 SPACES PROVIDED PARKING- SHARED PARKING + 2 ON SITE PROPOSED LOT COVERAGE - 44.67% SITE DATA TABLE LOT-4R BLK.-A EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R5-H PROPOSED USE- OFFICE OR RETAIL AREA OF PROPOSED USE- 0.116 ACRES BUILDING AREAS (2 STORIES): 1ST FLOOR (BUILDING FOOTPRINT)- 2,259 SQ. FT. 2ND FLOOR - 849 SQ. FT. TOTAL BUILDING FOOTAGE - 3,108 SQ. FT. FLOOR AREA RATIO - 3108 SF. / 5049 SF. = .61 BUILDING HEIGHTS (TO MAIN RIDGE OF BUILDING) : 30'- 1/2" REQUIRED PARKING - 3108 / 300 = 10 SPACES PROVIDED PARKING - SHARED PARKING + 2 SPACES PROPOSED LOT COVERAGE- 44.74% LANDSCAPE ARCHITECT MARC FUNDERBURK LANDPATTERNS, INC. 3624 OAK LAWN AVE. SUITE 320 DALLAS, TX 75219 T: (214) 219-3993 F: (214) 219-7005 CIVIL ENGINEER MIKE GLENN GLENN ENGINEERING 105 DECKER COURT, SUITE 910 IRVING, TEXAS 75062 P: (972) 717-5151 F: (972) 717-2176 SHEET 14 OF 30 A-201Exterior Elevations WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST. COPPELL, TXMAIN STREET COPPELLLOT 2R, BLOCK-AOLD TOWN ADDITIONDATE: 07-11-201231'-3 1/8" TOP OF RIDGE 20'-7 3/4" 11'-4" TOP OF PLATE 0" TOP OF SLAB 24'-4 13/16" 30 YR. COMPOSITE SHINGLE ROOF (5) EXPOSED RAFTER (2) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) 1X HARDIE TRIM BOARD (2) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) HARDIE PLANK LAP SIDING (1) STONE COLUMN BASE (6) EXPOSED RAFTER TAILS (2) CAST STONE CAP (7) ROUND DOWNSPOUT (8) HALF ROUND GUTTER (8) FRONT DOOR (9) 4' 12' 4' 12' 31'-3 1/8" 24'-4 13/16" 12'-11 1/16" 3' TOP OF COL. BASE 30 YR. COMPOSITE SHINGLE ROOF EXPOSED RAFTER (2) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) STONE COLUMN BASE HARDEI 1X TRIM BOARD BOARD (2) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) LOW RAILING (2) 4' 12' 12' 10' 12' 10' 1 HOUR FIRE RATED WINDOW 1 HOUR FIRE RATED WINDOW 0" TOP OF SLAB 11'-4" 20'-4" PLT. HT. @ DORMER 31'-3 1/8" 11'-4" PLT. HT. 20'-7 3/4" 0" TOP OF SLAB 3' 30 YR. COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (3) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM BOARD (2) (8) ROUND DOWNSPOUT (6) STONE COLUMN BASE (5) 30 YR. COMPOSITE SHINGLE ROOF HARDIE 1X TRIM BAORD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) (1) HARDIEPLANK LAP SIDING (8) HALF ROUND GUTTER GARAGE DOOR (9) 4' 12' 12' 4' 0" TOP OF SLAB 3' TOP OF COLUMN BASE 12'-11 1/16" 24'-4 13/16" 31'-3 1/8" 30 YR. COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM BOARD (2) STONE COLUMN BASE (6) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) HARDIE 1X12 TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HALF ROUND GUTTER (8) ROUND DOWN SPOUT (8) 10' 12' 12' 4' SCALE: 3/16" = 1'-0"A A201/A FRONT ELEVATION SCALE: 3/16" = 1'-0"B A201/B RIGHT ELEVATION SCALE: 3/16" = 1'-0"C A201/C REAR ELEVATION SCALE: 3/16" = 1'-0"D A201/D LEFT ELEVATION MATERIALS LEGEND 1.) SIDING PAINT COLOR SW 2844 ROYCROFT MIST GRAY 2.) TRIM PAINT COLOR SW 7006 EXTRA WHITE 3.) ACCENT COLOR SW 0032 NEEDLE POINT NAVY 4.) WINDOW MULL COLOR SW 0032 NEEDLE POINT NAVY 5.) SHINGLE COLOR CERTAINTEED INDEPENDENCE GEORGETOWN GRAY 6.) STONE COLUMN BASE RIVER ROCK 7.) CAST STONE COLUMN CAP 8.) HALF ROUND GUTTER & ROUND DOWNSPOUT COLOR : GALVANIZED 9.) FRONT, BACK AND GARAGE DOOR SW 0032 NEEDLE POINT NAVY SHEET 14 OF 30 A-201FRONT & LEFT ELEVATIONSMAIN STREET COPPELLLOTS 2R, 3R, 4R BLOCK-AOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST COPPELL, TEXASDATE: 07-11-201225'-10" TOP OF RIDGE 12'-4" PLT. HT. @ MAIN ROOF 3' TOP OF COLUMN BASE 0" 1ST FLR. F.F. COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) CASTSTONE CAP (7) BRICK VENEER COLUMN BASE (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (1) HARDIEPLANK LAP SIDING (1) TAPPERED COLUMN (2) COMPOSITE SHINGLE ROOF (5) FRONT DOOR ( 9) 25'-10" TOP OF RIDGE 2'-8" TOP OF COLUMN BASE 12'-4" PLT. HT. @ MAIN ROOF 0" 1ST FLR. F.F. 20' PLT. HT @ 2ND FLR. DORMER 23'-3 7/8" TOP OF RIDGE 12'-4" TOP OF PLT. @ GARAGE 0" 1ST FLOOR F.F. 3' COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (2) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) CASTSTONE CAP (7) BRICK VENEER COLUMN BASE (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIEPLANK LAP SIDING (1) TAPPERED COLUMN (2) (2) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (1) HARDIEPLANK LAP SIDING (2) TAPPERED COLUMN (5) COMPOSITE SHINGLE ROOF (8) HALF ROUND GUTTER (8) ROUND DOWNSPOUT HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) 25'-10" 20' TOP OF PLT. @ 2ND FLOOR DORMER 12'-4" TOP OF PLT. @ MAIN ROOF 3' TOP OF COLUMN BASE 0" 1ST FLR. F.F. COMPOSITE SHINGLE ROOF (5) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) CASTSTONE CAP (7) BRICK VENEER COLUMN BASE (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIEPLANK LAP SIDING (1) TAPPERED COLUMN (2) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) GARAGE DOOR (9) 0" 1ST FLR. F.F. 12'-4" TOP OF PLT. @ MAIN ROOF 23'-3 7/8" TOP OF RIDGE 25'-10" TOP OF RIDGE 20' TOP OF PLT. @ 2ND FLR. DORMER 25'-8 11/16" TOP OF RIDGE 0" 1ST FLR. F.F. 12'-4" PLT. HT. @ MAIN ROOF 3' TOP OF COLUMN BASE (2) HARDIE 1X TRIM AROUND WINDOWS HARDIE 1X TRIM (2) (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIEPLANK LAP SIDING (1) COMPOSITE SHINGLE ROOF (5) (5) COMPOSITE SHINGLE ROOF (2) HARDIE 1X TRIM (7) CASTSTONE CAP (6) BRICK VENEER COLUMN BASE (2) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) TAPPERED COLUMN (1) HARDIEPLANK LAP SIDING (1) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (5) COMPOSITE SHINGLE ROOF HALF ROUND GUTTERS (8) ROUND DOWNSPOUT (8) (8) HALF ROUND GUTTER (2) ROUND DOWNSPOUT SCALE: 3/16" = 1'-0"A A201/A FRONT ELEVATION SCALE: 3/16" = 1'-0"B A201/B LEFT ELEVATION SCALE: 3/16" = 1'-0"C A201/C REAR ELEVATION SCALE: 3/16" = 1'-0"D A201/D RIGHT ELEVATION MATERIALS LEGEND 1.) SIDING PAINT COLOR 6.) BRICK COLUMN BASE SW 2860 SAGE ACME BRICK - ROXBURY - TEXTURE VELOUR 2.) TRIM PAINT COLOR 7.) CAST STONE COLUMN CAP SW 0050 CLASSIC LIGHT BUFF 3.) ACCENT COLOR 8.) HALF ROUND GUTTER & SW 2839 ROYCROFT COPPER RED ROUND DOWNSPOUT COLOR: GALVANIZED 4.) WINDOW MULL COLOR SW 0050 CLASSIC LIGHT BUFF 9.) FRONT , BACK & GARAGE DOORS SW 2839 ROYCROFT COPPER RED 5.) SHINGLE COLOR CERTAINTEED INDEPENDENCE WEATHERWOOD SHEET 14 OF 30 A-201EXTERIOR ELEVATIONSMAIN STREET COPPELLLOT 4R, BLOCK-AOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST COPPELL, TEXAS06-20-2012 30'-1/2" TOP OF RIDGE 20'-10" PLT. HT. @ 2ND STORY DORMER 11'-4" PLT. HT. @ PORCH 0" TOP OF SLAB 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) TAPERED STONE COLUMN (6) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) (8) HALF ROUND GUTTER (8) ROUND DOWNSPOUT COMPOSITE SHINGLE ROOF (5) WOOD RAILING (3) FRONT DOOR (9) 30'-1/2" TOP OF RIDGE 20'-4" PLT. HT @ 2ND STORY DORMER 11'-4" PLT. HT. @ PORCH 0" TOP OF SLAB 11'-4" TOP OF PLATE @ GARAGE 0" TOP OF SLAB 15'-11 13/16" TOP OF RIDGE @ GARAGE 20'-4" TOP OF PLATE @ 2ND STORY DORMER 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) TAPERED STONE COLUMN (6) STONE WALL (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X12 TRIM (2) (5) COMPOSITE SHINGLE ROOF (2) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (6) TAPERED STONE COLUMN HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) (8) HALF ROUND GUTTER (8) ROUND DOWNSPOUT CAST STONE CAP (7) LOW RAILING (2) 3' 12' 3' 12' 10' 12' 10' 12' 4' 12' 30'-1/2" 20'-10" PLT. HT. FOR 2ND FLOOR DORMER 13' TOP OF PLT. FOR MAIN ROOF 0" TOP OF SLAB 11'-4"TOP OF PLT. @ GARAGE COMPOSITE SHINGLE (5) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) DOWN SPOUT (8) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) TAPERED STONE COLUMN (6) 1X12 HARDIE TRIM (2) EXPOSED RAFTER TAILS (2) 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) BACK DOOR (9) GARAGE DOOR (9) 11'-4" TOP OF PLT. @ GARAGE 20'-4" TOP OF PLT. 2ND FLOOR DORMER 0" TOP OF SLAB 30'-1/2" TOP OF RIDGE 0" TOP OF SLAB 20'-4" TOP OF PLT. @ 2ND FLOOR DORMER 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) (1) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (2) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (1) TRIANGLE KNEE BRACKET (6) STONE WALL (7) CAST STONE CAP (2) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (1) HARDIEPLANK LAP SIDING (6) TAPERED STONE COLUMN (2) HARDIE 1X12 TRIM COMPOSITE SHINGLE (5) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) (1) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) 3' 12' 3' 12' 10' 12' 10' 12' 4' 12' SCALE: 3/16" = 1'-0"A A201/A FRONT ELEVATION SCALE: 3/16" = 1'-0"B A201/B LEFT ELEVATION SCALE: 3/16" = 1'-0"C A201/C BACK ELEVATION SCALE: 3/16" = 1'-0"D A201/D RIGHT ELEVATION MATERIALS LEGEND 1.) SIDING PAINT COLOR 6.) TAMPERED STONE COLUMNS SW 6127 IVOIRE OKLAHOMA CHOPPED 2.) TRIM PAINT COLOR 7.) CAST STONE COLUMN CAP SW 2843 ROYCROFT BRASS 3.) ACCENT COLOR 8.) HALF ROUND GUTTER & SW7011 NATURAL CHOICE ROUND DOWNSPOUT COLOR: GALVANIZED 4.) WINDOW MULL COLOR SW7011 NATURAL CHOICE 9.) FRONT , BACK & GARAGE DOORS SW 7011 NATURAL CHOICE 5.) SHINGLE COLOR CERTAINTEED INDEPENDENCE 10.) 24 GA. STANDING SEAM / CONCEALED FASTNER COTTAGE RED METAL ROOF / COLOR - GALVALUME ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-250R6-H, Old Town Addition (Main St), Retail/Restaurant Lot 1R, Block D P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: SWC of West Main Street and Houston Street SIZE OF AREA: 0.19 acres CURRENT ZONING: PD-250-H (Planned Development-250-Historic) REQUEST: A zoning change to PD-250R6-H (Planned Development-250 Revision 6- Historic), to establish a Detail Site Plan for a 5,034-square-foot retail/restaurant building. APPLICANT: Applicant: Architect: Greg Yancey Bill Peck Main Street Coppell LTD William Peck & Associates, Inc. P.O. Box 1790 105 W. Main Street Coppell, Texas 75019 Lewisville, Texas 75057 Phone: (972) 215-9400 Phone: (972) 221-1424 Email: gregyancey@verizon.net Email: bill@peckarchitects.com HISTORY: In January 2007, 17 acres were rezoned to Historic and the future land use plan was amended to allow for a continuation of the targeted uses outlined in the Old Coppell Master Plan - retail, offices, restaurants and similar uses. In August 2010, a final plat of the entire property was approved. This subdivided the larger tract of property for the purpose of establishing street rights-of-way and easements for necessary infrastructure to support development. This resulted in a total of seven blocks containing nine lots and seven different street segments. In April 2011, the zoning for the conceptual planned development was approved. This depicted the overall plan and presented the general regulations each Detailed Planned Development should follow. In April 2012, the first of the detail plans was approved for 44 patio-home lots. In May 2012, the Old Town Square was approved as was the entry feature and an 80-space parking lot. TRANSPORTATION: West Main Street is currently under construction. It will be a one-way southbound drive within a 78-foot right-of-way with on-street angled parking on both sides. ITEM # 7 Page 2 of 3 Houston Street, located south of Lot 2R, Block A is also currently under construction. It connects South Coppell Road with Hammond Street and provides an east/west connection between East & West Main Streets. It will be a 24-foot- wide two-way street within an 81-foot right-of-way with intermittent on-street angled parking on both sides. SURROUNDING LAND USE & ZONING: North: Parking lot; PD-250R4-H (Planned Development – 250 Revision 4 - Historic) South: vacant, planned for retail uses; PD-250-H (Planned Development – 250 – Historic) East: vacant, planned for restaurant uses; PD-250-H (Planned Development – 250 – Historic) West: vacant planned for retail/service uses; PD-250-H (Planned Development – 250 – Historic) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan shows the property as suitable for development in accordance with the Old Coppell Historic Special Area Plan, which designates a restaurant/retail building as an appropriate land use for this lot. DISCUSSION: This is a request to build a speculative restaurant building resembling a converted service station on the southwest corner of Houston and West Main Street. Access to the building is provided both in front and at the rear. The restaurant is proposed to be 4,000 square feet with a 1,000 square foot patio. There are several on-street parking spaces available as well as the 80 space parking lot to the north which will help provide the required parking. In April 2011, staff performed a parking analysis for the overall development with the Conceptual PD. The parking required within this Detail Plan is two times that which was anticipated at that time (restaurant use vs. retail use). The overall parking provided in the Concept Plan for the overall development was roughly 115 spaces in excess of what was projected; therefore, if this proposal is occupied as a restaurant, 25 spaces would be taken from the surplus, leaving a 90 space surplus (flexibility) for the future detail planned developments. The proposed building directly abuts the 10’ sidewalk on both Houston and West Main. A 1,000 square foot gated patio with the main entry is proposed on the Main Street side. Red brick is proposed as the main brick with a white brick serving as an accent. A red aluminum band is proposed to run horizontal along the half of both the north and east elevations reminiscent of an old service station. The landscape areas are mainly between this site and the adjacent sites to the west and the south to provide screening to the service oriented uses to the rear. The trees proposed in the tree wells will be Savannah Hollies. These were approved as part of the Conceptual Planned Development so as to not obstruct the view of the retail building signage as would an overstory tree. Staff is recommending approval subject to the submittal of a Detail Landscape Plan. ITEM # 7 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-250R6-H, Old Town (Main Street) Addition, Lot 1R, Block D, subject to the following condition: 1. Submittal of a Detail Landscape Plan. 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. Color Rendering 2. Site Plan 3. Elevations WILLIAM PECK & A S S O C I A T E S I N C. A R C H I T E C T S Lewisville, Tx (972) 221-1424 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AND IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS COPPELL RETAIL # 1 LOT-1R BLOCK-D DATE : 07-13-2012 These plans are intended to provide the basic construction information necessary to substantially complete this structure. These construction documents must be verified and checked by the builder or person in authority of this project. Any discrepancy, error, and/ or omissions, if any, are to be brought to the attention of the Designer prior to any construction or purchases being made. It is recommended that the owner or builder obtain complete engineering services for: foundation, HVAC, and structural, prior to construction of any kind. NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedence over any part of these construction documents which may conflict with same, and must be strictly obeyed and followed before and during construction. THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OF WILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED OR REPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTEN PERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED SHEET 5 OF 31 A-005SITE PLANMAINSTREET COPPELLRETAIL #1LOT-1R, BLOCK-DOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSCOPPELL, TEXASDATE: 07-11-2012N MAX SLOPE 1:12 MAX SLOPE 1:12MAX SLOPE 1:12 8"10'-4 3/4"6'-3 5/16"4'38'-1"10'-3 5/16"2'-11"7'-2" 10'-3 5/16" 8" 5'26'-1 7/8" 11'-3"5'-6"10'99'-2"21'-6"32'-6"44'-5 3/4" 48'-9 1/4"24'-1"32'-6"18'10'8'-6 11/16"5' 9'18'10'18' 4'-6"5'10'-4 11/16"5'4'-6"10'-4 11/16" 12'5'5'4'3' MIN.NEW RETAINING WALL 5.0' 10.0' 5.0' 10.0' UTILITY EASEMENT UTILITY EASEMENT MAIN ENTRANCE EXISTING PAVING STOPS HERE EXISTING PAVING STOPS HERE FIRE HYDRANT AUTO SPRINKLER FDC PROPOSED SINGLE STORY BRICK SRUCTURE FENCED PATIO DUMPSTER AREA PAVING HOUSTON STREET<-------- W. MAIN STREET <---------- LOT-1R BLOCK-D SIDEWALK RAMP LANDING LANDINGRAMPLANDINGRAMP PLANTING AREA 95.00' N 88º 12' 7" E37.50' N 1º 47' 53" W 27.69' N 88º 12' 7" E72.61' N 1º 47' 53" W 67.31' N 88º 12' 7" E110.11' S 01º 47' 53" W NEW TREE WELL NEW TREE WELL NEW TREE WELL NEW TREE WELL LOT-11R BLOCK - D LOT-2R BLOCK - D PROPOSED GREASE TRAP LOCATION NEW PAVINGNEW PAVING SCALE: 1" = 10'A SITE PLAN SITE LOT-1R BLK.-D SITE DATA TABLE EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R6-H PROPOSED USE- RESTAURANT AREA OF PROPOSED USE- .194 ACRES BUILDING AREA - 5,039 SQ. FT. MAIN BUILDING - 4,062 SQ. FT. OUTDOOR PATIO - 977 SQ. FT. BUILDING HEIGHT = 18'-8" REQUIRED AND PROVIDED PARKING REQUIRED PARKING - 5039 / 100 = 50 SPACES PROVIDED PARKING - SHARED PARKING PROPOSED LOT COVERAGE -60% OWNER & PROFESSIONAl INFORMATION OWNER MAIN STREET COPPELL, LP 4956 N. O"CONNOR ROAD IRVING, TEXAS 75062 P:214-215-9400 ARCHITECT BILL PECK WILLIAM PECK & AND ASSOCIATES, INC. 105 WEST MAIN ST. LEWISVILLE, TX 75057 P: 972-221-1424 LANDSCAPE ARCHITECT MARC FUNDERBURK LANDPATTERNS, INC. 3624 OAK LAWN AVE. SUITE 320 DALLAS, TX 75219 T: (214) 219-3993 F: (214) 219-7005 CIVIL ENGINEER MIKE GLENN GLENN ENGINEERING 105 DECKER COURT, SUITE 910 IRVING, TEXAS 75062 P: (972) 717-5151 F: (972) 717-2176 SHEET 15 OF 31 A-201NORTH & EAST ELEVATIONSMAINSTREET COPPELLRETAIL #1LOT-1R, BLOCK-DOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSCOPPELL, TEXASDATE: 07-11-201218'-8" TOP OF COLUMN START OF SOLIDER COURSE 2'-4" START OF SOLIDER COURSE 0" TOP OF SLAB 16' 18' 6 121212 12 12 44 12 4 3 4 4 3 6 6 6 3 4 4 3 6 6 9999 4 8 44 3 3 8 4 13 5 5 5 5 5 1515 55 18'-8" TOP OF COLUMN 12' START OF BRICK SOLIDER COURSE 2'-4" START OF SOLIDER COURSE 0" TOP OF SLAB 16' 18' 1 2 3 4 5 6 3 4 6 8 6 9 1 4 4 4 44 4 1 1 11 1 1 1 9 9 1 2 6 2 2 2 4 4 1111 2 10 10 10 6 2 9 55 5 55 7 181818 3 3 13 3 3 3 3 19 19 19 16 OVERFLOW SCUPPER OVERFLOW SCUPPER ROOF DRAIN OUTLET ROOF DRAIN OUTLET 15 4 15 21 SCALE: 1/4" = 1'-0"B NORTH ELEVATION SCALE: 1/4" = 1'-0"A EAST ELEVATION MATERIALS LEGEND 1.) GALVANIZED METAL WALL CAP 2.) ACCENT BRICK ROW LOCK ACME BRICK - GLACIER WHITE 3.) ACCENT BRICK DETAIL ACME BRICK - GLACIER WHITE 4.) MAIN BRICK / RUNNING BIOND ACME BRICK BL 3 RUFF / CRIMSON 5.) ANGLED SHADE - GOOSENECK SIGN LIGHTING BARN LIGHT ELECTRIC / CODE: H-18107 COLOR - GALVANIZED 6.) ACCENT BRICK SOLIDER COURSE ACME BRICK - GLACIER WHITE 7.) ROLLED EDGE METAL AWNING SW - 6740 KILKENNY 8.) ACCENT BRICK / RUNNING BOND ACME BRICK - GLACIER WHITE 9.) ACCENT BRICK / STACK BOND ACME BRICK - GLACIER WHITE 10.) RECESSED SIGN LOCATION / RUNNING BOND ACME BRICK - BL 3 SMOOTH CRIMSON 11.) STROREFRONT FRAMING & GLAZING FRAME COLOR - WHITE 12.) OPERABLE FULL VIEW GARAGE DOOR & FRAME FRAME COLOR - WHITE 13.) BUILDING SIGNAGE 14.) THRU-WALL SCUPPER W/ PAINTED METAL CONDUCTOR HEAD & DOWNSPOUT COLOR - GALVANIZED 15.) PAINTED ALUMINUM BANDING COLOR - RED 16.) MAIN ENTRY DOOR COLOR - WHITE 17.) FULL LIGHT DOOR W/ TRANSOM COLOR - WHITE 18.) LAMP POST / BARN LIGHT ELECTRIC / CODE : 12P9272OR PERIOD BASIC CIRCA 1910 POST MOUNT FIXTURE COLOR - OLD RUST 19.) 36" WROUGHT IRON RAILING COLOR - BLACK 20) DOUBLE HUNG WINDOW FRAME COLOR - WHITE 21.) ENTRY SIGNAGE COLOR -BLACK SHEET 16 OF 31 A-202SOUTH AND WESTELEVATIONSMAINSTREET COPPELLRETAIL #1LOT-1R, BLOCK-DOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSCOPPELL, TEXASDATE: 07-11-201216' 18'18'-8" TOP OF COLUMN 12' START OF SOLIDER COURSE 0" TOP OF SLAB 2'-4" START OF SOLIDER COURSE 12 4 4 8 4 4 12 12 12 12 6 6 6 3 3 4 4 6 6 12 17 3 5 18 3 4 6 6 6 619 5 6 6 6 5 6 9 9 7 8 4 5 18'-8" TOP OF COLUMN 12' START OF SOLIDER COURSE 2'-4" START OF SOLIDER COURSE 0" TOP OF SLAB 18' 14141414 5 12 12 12 8 4 4 6 6 6 8 4 4 6 6 6 8 4 4 6 6 6 8 4 4 6 6 6 4 4 6 6 6 44 4 6 6 6 20 20 20 5555 SCALE: 1/4" = 1'-0"D A201/D SOUTH ELEVATION SCALE: 1/4" = 1'-0"C A201/C WEST ELEVATION MATERIALS LEGEND 1.) GALVANIZED METAL WALL CAP 2.) ACCENT BRICK ROW LOCK ACME BRICK - GLACIER WHITE 3.) ACCENT BRICK DETAIL ACME BRICK - GLACIER WHITE 4.) MAIN BRICK / RUNNING BIOND ACME BRICK BL 3 RUFF / CRIMSON 5.) ANGLED SHADE - GOOSENECK SIGN LIGHTING BARN LIGHT ELECTRIC / CODE: H-18107 COLOR - GALVANIZED 6.) ACCENT BRICK SOLIDER COURSE ACME BRICK - GLACIER WHITE 7.) ROLLED EDGE METAL AWNING SW - 6740 KILKENNY 8.) ACCENT BRICK / RUNNING BOND ACME BRICK - GLACIER WHITE 9.) ACCENT BRICK / STACK BOND ACME BRICK - GLACIER WHITE 10.) RECESSED SIGN LOCATION / RUNNING BOND ACME BRICK - BL 3 SMOOTH CRIMSON 11.) STROREFRONT FRAMING & GLAZING FRAME COLOR - WHITE 12.) OPERABLE FULL VIEW GARAGE DOOR & FRAME FRAME COLOR - WHITE 13.) BUILDING SIGNAGE 14.) THRU-WALL SCUPPER W/ PAINTED METAL CONDUCTOR HEAD & DOWNSPOUT COLOR - GALVANIZED 15.) PAINTED ALUMINUM BANDING 16.) MAIN ENTRY DOOR COLOR - WHITE 17.) FULL LIGHT DOOR W/ TRANSOM COLOR - WHITE 18.) LAMP POST / BARN LIGHT ELECTRIC / CODE : 12P9272OR PERIOD BASIC CIRCA 1910 POST MOUNT FIXTURE COLOR - OLD RUST 19.) 36" WROUGHT IRON RAILING COLOR - BLACK 20) DOUBLE HUNG WINDOW FRAME COLOR - WHITE Page 1 of 2 DATE: August 14, 2012 TO: Mayor and City Council FROM: Marcie Diamond, Assistant Director of Planning RE: Residential Urban Neighborhood District (RBN) Ordinance Adoption HISTORY: On March 22, 2011 the City Council followed the recommendations of the nine-member Steering Committee and the Planning and Zoning Commission and adopted Coppell 2030 - A Comprehensive Master Plan by adding Chapter 12A to the Code of Ordinances. This plan includes a variety of innovative concepts and strategies to provide for long term sustainability for our community. A key component of the Comprehensive Plan is the Future Land Use Plan. As stated “The Future Land Use Plan serves as a framework for future development and redevelopment decisions in Coppell… The land use designations are for planning purposes and do not represent a change to existing zoning or development regulations…implementation…must be accompanied by code revisions.” This is the first proposal to design a new zoning district which addresses one of the visions of the Comprehensive Plan. This proposed zoning district will provide development standards for well planned, higher density residential uses, with the integration of non-residential uses in various areas in the City of Coppell. On September 15, 2011, the Planning and Zoning Commission reviewed, discussed and made various suggestions for revisions and additions to the proposed RBN (Residential Urban Neighborhood) District. On November 17, 2011, the Planning and Zoning Commission recommended that the revised district regulations be brought to Council for further review and discussion. On January 10, 2012 Staff briefed the Council on this proposed Residential Urban District. The regulations were revised per Council comments including requiring additional setbacks when residential is planned adjacent to freeways. On February 16, 2012 the Planning and Zoning Commission unanimously recommended approval of the Residential Urban District Ordinance. On July 10, 2012 Council approved a PD request for the Westhaven Development which incorporated many of the concepts and regulations as contained in the RBN district as submitted in Ordinance format here. Page 2 of 2 DISCUSSION: The Future Land Use Map of Coppell 2030-A Comprehensive Master Plan designated 18 areas as Urban Residential Neighborhood. These areas vary in size, location and proximity to existing residential neighborhoods, freeways and future transit lines. While the stated purpose of this Land Use Designation is to: “Provide areas for a wide variety of higher density residential uses (typically greater than 4 dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single family detached housing,” compatibility with and sensitivity to existing development is essential. Attached is a new zoning district proposed to accommodate this higher density residential development, Urban Residential Neighborhood (URN) as envisioned in the Comprehensive Plan. Staff has reviewed various mixed use residential district regulations from other areas of the country as well as visited various developments within the metroplex. This research provided invaluable information on what to do and what not to do. Many of the concepts of form-based zoning, such as build-to lines, street scape designs, incorporation of various architectural elements are included in this proposed Zoning District. ATTACHMENTS: 1. Pages 38 and 39 of Coppell 2030 - A Comprehensive Master Plan which describes the Urban Residential Neighborhood land use category. 2. Future Land Use Map of Coppell 2030 - A Comprehensive Master Plan. 3. Ordinance establishing the RBN (Residential Urban Neighborhood District). Chapter 2: Planning Framework38 COPPELL 2030 - A COMPREHENSIVE MASTER PLAN Purpose: To provide areas for a wide variety of higher density residential uses (typically greater than 4 dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single-family detached housing. These areas may serve the needs of first-time home owners, empty nesters, and other residents seeking to downsize or maintenance provided dwellings in urban living environments. Typically these areas provide owner-occupied housing stock for smaller households with or without children. New developments within these areas should have a substantial component of owner-occupied housing units, but may include a mix of well integrated owner- occupied and rental properties. New developments consisting of only rental housing communities are not appropriate. Uses: Townhomes, apartment / condominium buildings, small-lot single-family attached and detached dwellings and ancillary, small-scale commercial uses that serve the residents of the neighborhood. This category is also appropriate for planned public and semi-public uses designed to be compatible with residential uses, such as schools, religious institutions, and civic uses. However such uses should be permitted and encouraged only to the degree that the scale, specific location, and design does not significantly impact or impair the residential character of the area. Compatible Zoning Districts: (TH-1, TH-2, MF-1, MF-2)*, PD *Modifications to these districts are required to incorporate appropriate site design standards as described in the guidelines section. Urban Residential Neighborhood (T-4 General Urban Zone) Chapter 2: Planning Framework39COPPELL 2030 - A COMPREHENSIVE MASTER PLAN Outdoor gathering places may include a Green, Square, or Plaza. Attached dwellings include materials compatible with nearby neighborhoods. Setbacks are typically closer to the street, with a defined street edge. Parking is typically provided in garages accessed from rear alleys. Sidewalks are comfortable for pedestrians and include attractive streetscaping. Urban Residential Neighborhood Guidelines Urban Residential Neighborhoods are denser than Residential Neighborhoods, typically with attached housing types and multi-story structures. These areas are located and designed in a manner to provide residents nearby access to neighborhood retail, services, and transit facilities within convenient walking and biking distance. Connectivity Such areas have a system of interconnected streets with pedestrian and bicycle facilities and streetscape amenities. Sidewalks a minimum of 5 feet in width are located on both sides of streets. Thoroughfares consist mostly of residential streets and avenues. Pedestrian, bicycle, and auto access are provided between neighborhoods. Civic and Gathering Spaces Formal and informal areas for outdoor gatherings and recreation with pocket parks and neighborhood greens. Setbacks Continuous, defined street edge with building frontages typically closer to the street, ranging from 5 to 25-feet. Compatibility with Surrounding Development Architectural character is compatible with the style, scale, proportions, period, materials, and colors of adjacent single-family neighborhoods, but may vary to a greater degree in proximity to higher intensity development areas. Street Edge Orientation Entry facades are oriented towards the primary street within a shallow setback from the sidewalk along the street. The building wall creates an inviting image and defines the street edge. Residential Compatibility For attached residential dwellings and public or semi- public uses, the structures include massing and materials compatible with nearby single-family dwellings. Parking Parking is provided to the rear of buildings in surface lots or in parking structures. Rear alleys are the typical form of access to residential parking/garages. 1 TM56052 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES, BY ADDING A NEW ZONING DISTRICT AND DEVELOPMENT REGULATIONS TO CHAPTER 12, ARTICLE 18 SECTION, 12-18A “RBN” RESIDENTIAL URBAN NEIGHBORHOOD, SECTIONS 12.18A-0 ET. SEQ., 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, haven 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 situation in the affected area and in the vicinity thereof, the said governing body is of the opinion, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be, and the same is hereby amended by amending the Code of Ordinances, by adding a new zoning district and development regulations to Chapter 12, Article 12-18A. “RBN” Residential Urban Neighborhood, which shall read as follows: “ARTICLE 18.A – RBN RESIDENTIAL URBAN NEIGHBORHOOD DISTRICT REGULATIONS Sec. 12-18A-0. - General purpose and description. The City of Coppell recognizes that land is a precious, non-renewable resource, and that conventional zoning tends to foster a pattern of development that excessively separates land uses and results in the requirement of extensive vehicular travel. The Urban Residential Neighborhood (RBN) is hereby established as a residential district zoning and is intended 2 TM56052 primarily as a residential area with supporting and complementary commercial and public uses. The purpose of the Urban Residential Neighborhood (RBN) as envisioned in the Coppell 2030 – A Comprehensive Master Plan, codified as Chapter 12A of the Code of Ordinances, is to provide a development that will promote: 1. The physical and social integration of citizens diverse in age, lifestyle and economic status, among others; 2. An adequate supply of housing that is affordable at all income levels; 3. A greater diversity of types of housing than found in other Coppell neighborhoods; 4. An alternative means of developing land; 5. Public health, safety and welfare that fosters a strong sense of neighborhood identity based on a shared, coherent, functionally efficient physical environment; and 6. The distinctive, small-town character of Coppell. In applying the regulations set forth in this article all figures and tables are enforceable provisions of the code and all illustrations are for illustrative purposes only and should not be considered for any other purposes but as a guideline. Sec. 12-18A-1. - Use Regulations. A building or premise shall be used only for the following purposes: 1. Any use permitted in the “2F-9", "TH-1", "TH-2", "MF-1", “MF-2” Districts, or combination of such uses. 2. Single family detached dwellings with an average lot size of typically no greater than 5,000 square feet, and shall generally only be permitted to provide a transition between existing single family detached developments and proposed higher intensity RBN district uses. 3. Any use permitted by special use permit, Article 12-18, Section 12-30-6, including as amended in Sec. 12-18A.1.5 of this Article. 4. Home occupations. 3 TM56052 5. Uses permitted in the “O” (Office) and “R” (Retail) District are permitted as secondary uses, whereas the primary uses within a RBN district shall be residential. These uses shall be permitted by Special Use Permit or Planned Development as regulated in Article 12, Sections 12-30 and Section 12-27, of the Code of Ordinance. These office and retail uses shall comply with the following conditions: a. Uses permitted shall not be located in “stand alone” buildings and shall be seamlessly integrated with residential units, or community/recreation facilities associated with the development. b. A lot containing such uses shall have frontage on a Boulevard, a Freeway or at the corner of two Avenues as defined in the “Coppell 2030 Transportation Plan” of Chapter 12A, Coppell 2030 Comprehensive Master Plan, c. Parking for these uses shall be as provided as required in Article 12, Section 12- 31 of the Code of Ordinance, as amended. d. The incorporation of ground floor retail may require off-street loading facilities. Illustration 12-18A-1 Sec. 12-18A-2. - Height Regulations. The height of the structures shall be: A. The maximum height shall be 35 feet or three stories, except, a. when adjacent to a Freeway or along a transit corridor, the maximum height shall be five-stories, not to exceed 70 feet. 4 TM56052 i. Additional setbacks are required for the portions of the building which exceed 35 feet as defined in Sec. 12-18A-5 Architectural Guidelines and Standards, of this Article. ii. Additional building code and/or requirements are applicable when buildings exceed 55 feet in height. b. When adjacent to existing Single Family (SF) or Two Family-9 (2F-9) uses, the maximum height in the RBN District shall be the same as the height of the homes adjacent to and within 100 feet of the RBN district or minimum of 24 feet which ever is greater. c. If the proposed building falls within the height envelope created by a 1:3 residential proximity slope originating from an adjacent residentially zoned property line, the height can be increased one foot for every three linear feet over 24 feet. Figure 12-18A-1 5 TM56052 Sec. 12-18A-3. - Area Regulations. 1) To encourage context sensitive design and to promote pedestrian friendly streetscapes in lieu of typical minimum setbacks, Build-to Lines are being established (Refer to Article 12, Sec. 12-18A-4. - Building Orientation, of this Article for additional information). The build- to lines shall be determined by the type of street frontage as the “Coppell 2030 Transportation Plan” of Chapter 12A, Coppell 2030 Comprehensive Master Plan, CHAPTER 2, Transportation and Mobility. a) Front yard (Build-to Lines) – the required front yards shall be landscaped, and shall not contain any paving except for driveways perpendicular to the street and pedestrian areas, including walkways and plazas: i. Freeway – n/a (see Article 12-18A, Section 3.A.3) ii. Boulevard – 15 feet iii. Avenue – 15 feet iv. Local Street – 10 feet 2. Build-to lines may be adjusted to provide for additional pedestrian amenities, but in no event shall parking or driveways parallel to the street be permitted between the curb line and the face of the building. 3. Minimum Front Yard Setback, adjacent to Freeways only. a. No residential structure shall be located closer than 60 feet from the freeway right-of-way line. b. The minimum setback can be achieved through a combination of common open space/landscaping and/or building setbacks. TABLE 12-18A-1 B. Development Regulations Regulation* SF Detached Duplex Townhouse Multifamily Front yard and side yards adjacent to streets (except for garages) Refer to Article 12-18ASection 12-18A-3, Area Regulations, Garage setbacks Minimum 22’ setback from street, and 20’ from alley R.O.W. unless swing entry then may observe build-to lines. Minimum Side yards, not adjacent to streets 5’ 10’ 10’ up to 3 du’s 15’- 4 or Building separation: 10’ w/out 6 TM56052 more du’s. Max 6 du’s per structure. openings 15’ w/openings Regulation* SF Detached Duplex Townhouse Multifamily Rear yards (not garage) 10’ 10’ 10’ 20’ Lot size (sq. ft.) Max average: 5,000 Min: 9,000 (4,500 per du) Min: 2,500 Lot width Max average: 50’ Min: 80’ (40’ per du) Min: 25’ Min: 50’ Lot Depth Minimum: 100’ Min: 100’ Min: 80’ Min: 100’ Maximum Lot Coverage 60% 40% 75% 50% Maximum Height Refer to Sec. 12-18A-2 *Area regulations in this section may be adjusted if the reduction in lot area is equally compensated for additional open space/plazas and/or pedestrian friendly common or public areas. Illustration 12-18A-2 C. Open Space/Common Areas: a. Open/common areas shall be provided for gathering places to promote social recreation and interaction in developments with densities greater than five (5) dwelling units per gross acre, as follows: i. A minimum of 15% of the overall property shall be devoted to open/common space areas. ii. A maximum of 50% of the common open area is allowed to be in the flood plain, which shall adhere to the regulations of the Flood Plain Ordinance. iii. All units shall have pedestrian access to open space/common area(s). b. The provision of this open space provided in this article shall not be construed to be a credit or off set with other open space and/or park dedication 7 TM56052 requirement as provided in the Code of Ordinances is in addition to compliance with the Park Dedication Ordinance. Sec. 12-18A-4 – Building Orientation The following standards are intended to orient buildings close to streets to promote human-scale development, slow traffic and encourage walking in neighborhoods. Developments in the RBN District shall be oriented to a street. Building orientation shall be as follows: a. All buildings shall have their primary entrance(s) oriented to the street. Multi- family buildings entrances may include entrances to individual units, lobby entrances, or breezeway/courtyard entrances (i.e., to a cluster of units). Alternatively, a building may have its entrance oriented to a side yard when a direct pedestrian walkway is provided between the building entrance and the street. In this case, at least one entrance shall be provided not more than twenty (20) feet from the closest sidewalk or street; b. Off-street parking, drives (parallel to the street) or other vehicle areas shall not be placed between buildings and streets. Illustration 12-18A-2 Sec. 12-18A- 5 –Architectural Guidelines and Standards To address the purpose and intent of the objectives of the Coppell 2030 Comprehensive Master Plan, as codified is Chapter 12A, Comprehensive Land Use Plan, of the Code of Ordinances, developments in Urban Residential Neighborhoods should be of an “Architectural character 8 TM56052 (which) is compatible with the style, proportions, period, materials and colors of adjacent single family neighborhoods, but may vary to a greater degree in proximity to higher intensity development areas”. The architectural standards are intended to provide detailed, human-scale design, while affording flexibility to use a variety of building styles. All buildings that are subject to this section shall comply with all of the following standards. The graphics provided with each standard are intended to show examples of how to comply. Other building styles and designs can be used to comply, so long as they are consistent with the text of this section. An architectural feature (i.e., as shown in the graphics) may be used to comply with more than one standard. Illustration 12-18A-3 9 TM56052 Figure 12-18A-2 1. Where elevations are adjacent to a street, a minimum of fifty (50) percent of front elevations, and a minimum of twenty-five (25) percent of side and rear building elevations, shall be doors, porches, balconies, and/or windows. This standard applies to each full and partial building story. 2. The continuous horizontal distance (i.e., as measured from end-wall to end-wall) of individual buildings shall not exceed two hundred and fifty (250) feet. 3. All buildings shall incorporate design features such as offsets, balconies, projections, windows, reveals, or similar elements to preclude large expanses of uninterrupted building surfaces. Along the vertical face of a structure, such features shall occur every twenty (20) to thirty (30) feet, and on each floor shall contain at least two of the following features: a. Recess (e.g., deck, patio, courtyard, entrance or similar feature) that has a minimum depth of four feet; b. Extension (e.g., floor area, deck, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or 10 TM56052 c. Offsets or breaks in roof elevation of two feet or greater in height. Illustration 12-18A-4 Figure 12-18A-3 11 TM56052 Figure 12-18A-4 4. Detailed Design. All buildings shall provide detailed design along all street facing elevations (i.e., front, rear and sides). Detailed design shall be provided by using at least three of the following architectural elements on all elevations, as appropriate for the proposed building type and style (may vary features on each elevation): a. Dormers; b. Gables; c. Recessed entries; d. Covered porch entries; e. Cupolas or towers; f. Pillars or posts; g. Eaves (minimum one-foot projection); h. Off-sets in building face or roof (minimum two feet); i. Bay windows; j. Balconies; k. Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features); l. Decorative cornices and roof lines (e.g., for flat roofs); m. An alternative feature providing visual relief, similar to options in this section. 12 TM56052 5. Ground level front yard porches a minimum depth of 7’ feet are encouraged for all single family, duplex and townhome developments. Porches may encroach four (4) feet into the required front yard. 6. Additional regulations for buildings exceeding 35 feet in height. a. The portions of buildings, which exceed 35 feet in height, shall be setback an additional minimum of ten (10) feet for each story exceeding three (i.e. the 4th story shall be setback 10 feet, and the 5th story 20 feet). b. Porches and balconies are permitted within these setback areas. Sec. 12-18A-6. - Type of exterior construction. At least 80 percent of the exterior of all structures shall be of masonry type (see Sec. 12-42-1 Article 12-14, of the Code of Ordinance) construction exclusive of doors and windows. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line. Illustration 12-18A-5 13 TM56052 Sec. 12-18A-7. - Parking regulations. 1. Parking shall be provided for “SF”, “2F9” and “TH” uses as follows: a. A minimum of two garage-enclosed parking space and two additional off-street parking spaces (driveway may be counted toward provision of off-street parking) shall be provided for each lot. b. Alley Served: Rear entry, alley-served developments are encouraged. Garages shall be set back a minimum of 20 feet from the alley right-of-way. c. Front Entry: To keep the front of the structure from being dominated by garage doors, for dwellings less than thirty-five feet wide, the dwelling is limited to a single wide garage if such garage door is front facing. d. All garage doors facing the street must be setback a minimum of 22 feet from the street rights-of-way. e. The garage may be a tandem garage or, if a swing entry, rear or side access, it may be a double garage. f. In addition to the required off-street parking, another one-half space per unit is required for guest parking. These required spaces are to be located within 600 feet of the respective units 2. MF Uses: a. Parking spaces shall not be located between the buildings and the public street right-of-way. b. Two parking spaces shall be provided for every one- and two-bedroom unit and 2.5 parking spaces per three-bedroom unit. c. Structured parking is encouraged, especially when incorporating office and/or retail uses. d. At a minimum, covered parking spaces shall be provided for at least 50 percent of the total required parking spaces (not including required guest parking). The covered parking structures shall be architecturally compatible with the main structures. e. In addition to the required off-street parking, another one-half space behind the curb line per unit is required for guest parking. These required spaces are to be 14 TM56052 located within 600 feet of the respective units and can be provided on-site or on- street. Illustration 12-18A-6 3. On street parking within the RBN District, shall be permitted subject to: a. On-street parking shall be designed to allow safe and efficient movement into and out of travel lanes. b. To minimize additional paving, on-street 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. c. Parking stalls shall be spatially separated from through-lanes to provide visibility for motorists driving, parking, or disembarking parked vehicles. Figure 12-18A-5 15 TM56052 d. Approval of Detail Plans will be subject to Engineering Department review and approval. e. Right-of-way widths will vary depending on type of street. f. 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. Additional on-street parking shall not be permitted in close proximity and on the same side of the street. Section 12-18A-8 .– Streetscape Design The intent of the streetscape design it to provide pleasant and attractive pedestrian environment while supporting safe vehicular movements. These areas shall be of sufficient width to accommodate sidewalks, street trees, street furniture and other amenities as appropriate. 1. The streetscape area shall be defined as the area between the back of curb and the build-to lines (face of the building). 2. The Property owner shall be responsible for the construction and maintenance of th is area, whether privately-owned or public right-of-way. 3. The streetscape area will vary in width depending on the type of street and the build-to line (refer to Art. 12-18A, Sec. 12-18A-3.1 - Area regulations). 4. Street trees shall be provided on private property along all street frontages, as follows . a. 40-foot on center if not individually platted lots, and one tree per lot if townhouse, duplex or single-family. b. Trees shall be overstory trees, minimum 3” caliper at the time of planting and shall be selected from the plant pallet in Article 34, Landscape Regulations, Code of Ordinance. c. The trees shall be limbed-up to at least seven feet and pruned to leave a minimum seven feet of clearance over pedestrian walkway and 14 feet of clearance over on - street parking spaces and travel lanes. 5. Sidewalks shall generally be located five (5) feet from back of curb to provide a buffer between vehicular and pedestrian movements. The width of the sidewalk will vary depending on the built-to line and adjacent street classification, but shall not be less than four (4) feet in width. 16 TM56052 Sec. 12-18A-9. - Mechanical equipment. Mechanical equipment shall be constructed, located and screened so as not to interfere with the peace, comfort and repose of the occupant(s) of any adjacent building or residence, and shall comply with Art. 12-3, Sec. 12-33-1 Location of Required Screening, Code of Ordinances. Sec. 12-18A-10. - Refuse facilities. 1. Multifamily Uses: a. Every dwelling unit shall be located within 250 feet of a refuse facility, measured along the designed pedestrian and vehicular travel ways. b. There shall be available at all times at least six cubic yards of refuse container per 30 multi-family dwelling units and at least one triple-wide recycling enclosure. c. For complexes with less than 30 units no less than four cubic yard refuse container shall be provided. d. Each refuse facility and recycling container shall be visually screened by a six- foot high solid masonry enclosure on all sides except the side used for refuse pickup service, which shall have gates of solid screening material. These gates shall remain closed at all times when not in active use. e. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. Sec. 12-18A-11. –Other Applicable Regulations. Unless otherwise specified in this Article, development within this district shall comply with the development regulations applicable to the uses and regulations as included in Chapter 12, Zoning of the Coppell Code of Ordinances, as amended.” SECTION 2. That all provisions of the Comprehensive Zoning Ordinance 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. 17 TM56052 SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, illegal, or invalid, 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. That an offense committed before the effective date o f 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 5. 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 for 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 6. That this ordinance shall take effect immediately from and after its p assage 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) Page 18 of 18 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CODE OF ORDINANCES, BY ADDING A NEW ZONING DISTRICT AND DEVELOPMENT REGULATIONS TO CHAPTER 12, ARTICLE 18 SECTION, 12- 18A “RBN” RESIDENTIAL URBAN NEIGHBORHOOD, SECTIONS 12.18A-0 ET. SEQ., 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. APPROVED: __________________________ KAREN SELBO HUNT, MAYOR ATTEST: ____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering & Public Works FROM: George Marshall, P.E., Civil Engineer DATE: August 14, 2012 REF: Consider approval of an Engineering Design Contract with Walter P. Moore and Associates to provide professional engineering design services for the Creekview Retaining Wall and Roadway Improvements; for an amount not to exceed $90,830.00; as provided for in CIP funds; and authorizing the City Manager to sign and execute all necessary documents. This agenda item is to award a professional engineering design contract to Walter P. Moore and Associates to provide the city with a design to stabilize the north side of Creekview Drive along Cottonwood Creek and the storm drainage system along the south side of Creekview Drive. Over the past few years Staff has seen a dramatic change in the creek bank along the north side of Creekview Drive as well as pavement damage adjacent to the storm drainage inlets. Staff has reviewed the issues and determined that there are two (2) major problems with this area. First, it appears the existing gabion wall built with Creekview Drive is eroding below the creek bank and threatening the stability of the existing wall. Second, Staff televised the existing storm sewer lines and determined that there are several areas where the concrete pipe has separated. That allows dirt and water to infiltrate into the system, which in-turn erodes the pavement subgrade. As defined in the contract, Walter P. Moore and Associates will provide the following design components: (1) An additional gabion wall in front of the existing wall to armor the creek bank to prevent further undermining of the existing wall and street. It is anticipated that the wall will be approximately 20 feet tall and 300 feet long; (2) Design of approximately 100 feet of Creekview Drive, along with storm sewer laterals, in the vicinity of the existing retaining wall. Staff recommends approval of entering into a contract with Walter P. Moore and Associates in the amount of $90,830.00 for the professional engineering design services for this project. Staff will be available to answer any questions at the Council meeting. Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\DR12-01 Creekview\DWG\CC Exhibits\DR12-01 Creekview CC EXHIBITS.dwgCreated on: 6 August 2012 by George MarshallCreekview DriveDrainage & Pavement Repair ProjectCity of Coppell ProjectDR12-01 Created in AutoCAD1 INCH = 200 FT0200100S:\CAD\In_Design\DR12-01 Creekview\DWG\CC Exhibits\DR12-01 Creekview CC EXHIBITS.dwgCreated on: 19 July 2012 by George MarshallExistingGabion WallsProposedGabion WallCreekview DriveDrainage & Pavement Repair ProjectCity of Coppell ProjectDR12-01Creekview DriveCottonwood CreekWagon WheelPark 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 WALTER P. MOORE AND ASSOCIATES, 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 CREEKVIEW RETAINING WALL AND ROADWAY IMPROVEMENTS, 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: 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 SEVENTY-FOUR THOUSAND, THIRTY dollars ($ 74,030 ) 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: 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 SIXTENN THOUSAND, EIGHT HUNDRED dollars ($ 16,800 ) 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 NINETY THOUSAND, EIGHT HUNDRED THIRTY dollars ($ 90,830 ): 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: Ernest L. Fields, P.E. Principal Walter P Moore 1845 Woodall Rodgers Frwy, Suite 1650 Dallas, TX 75201 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:___________________ BY: BY: ______________________ ______________________________ City Manager Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT A – SCOPE OF BASIC SERVICES 6/30/2012 A-1 Project Description The project includes the following improvements in the vicinity of Creekview Drive and Wagonwheel Park in Coppell, Texas: • An existing gabion wall which protects Creekview Drive is in danger of being undermined by the migration of the creek channel. An additional wall will be added in front of the existing wall to armor the creek bank to prevent further undermining of the existing wall and street. It is anticipated that the wall will be approximately 20 feet tall and 300 feet long. • Approximately 100 feet of Creekview Drive has experienced significant settlement in the vicinity of the existing retaining wall. Existing storm sewer laterals under the street have experienced movement that has caused separations at their connections to the 66-inch main. It is our understanding that water and sanitary sewer mains in the street and the 66-inch storm main are in acceptable condition. We anticipate that the laterals will be repaired or replaced, including the connections to the main. We do not anticipate replacement of the main. PART I – SCHEMATIC DESIGN A. Review Reports, utility plans and Data Collection including reviewing any available City of Coppell reports on the erosion problems, meeting with City staff to refine project requirements, expectations, and schedule, and obtaining pertinent utility plans, street plans, plats, existing easement information, and other features within the project area. B. Phase I Study of Options: Prepare a preliminary report of recommendations for remediation of the site. This report will summarize the steps taken by the design team and the solutions considered for the project. PART II – PRELIMINARY DESIGN 1. Meet with the City to discuss the schematic design report and incorporate comments from the City into preliminary design plans. 2. Prepare preliminary plans: a. Determine options for repairing the street, including the damaged storm sewer connections. Determine options for construction of the retaining wall to protect the existing wall. b. Establish preliminary horizontal and vertical alignment of repairs. c. Prepare cross-sections of proposed erosion protection indicating the general orientation of the improvements with respect to the channel. d. Establish design concepts for repair of areas of poor drainage and erosion. CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT A – SCOPE OF BASIC SERVICES 6/30/2012 A-2 e. Locate utility crossings, adjacent utilities, and other improvements within a limit of twenty feet beyond the proposed improvement at each site. i. Contact franchise utility companies such as gas, telephone, cable TV, and electricity to obtain record information for horizontal and vertical data for their facilities. Identify which utilities must be protected or relocated. ii. Tie locations of exposed utilities to the local control network. When underground utilities are uncovered, tie locations to the local control network. f. Establish preliminary easement needs including permanent and temporary construction easements. Show all existing easements on the plans. g. Document and photograph current channel conditions and identify potential locations of construction access and staging. 3. Prepare a preliminary opinion of probable cost for the proposed solution. The purpose of the opinion is to confirm that the project is in general accordance with the construction budget. It is not a guarantee of the construction cost. 4. Submit to the City of Coppell two sets of preliminary plan drawings for each erosion control structure site listed above. 5. Meet with the City of Coppell to review and discuss the preliminary plan drawings and engineering comments. 6. Distribute one set of preliminary drawings to local utility companies to obtain information regarding impacts to their facilities. PART III - FINAL PLANS, SPECIFICATIONS, AND ESTIMAT E A. Final Design 1. Meet with the City to discuss the preliminary design submittal and incorporate comments from the City into final design plans. 2. Finalize plan for proposed improvements. 3. Revise preliminary plans and incorporate comments fro m the City of Coppell. 4. Incorporate comments from the utility companies. If necessary, coordinate with utility companies to locate and uncover utilities which conflict with the proposed erosion control structure. Tie the location of uncovered utilities to the local control network. 5. Incorporate standard details into the plans and prepare additional details as required. CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT A – SCOPE OF BASIC SERVICES 6/30/2012 A-3 B. Prepare final technical specifications for the erosion control structures. C. Revise the quantity estimate and prepare a revised estimate of probable construction cost based on the final design of the project. D. Assist in preparing final bid documents. The City of Coppell will provide standard contract documents for preparation of the project manual. The following information to be supplied by the Engineer shall include: 1. One copy of the finalized technical specifications. 2. Project specific information for use with the City of Coppell standard construction agreement form, including the notice to contractors, bid proposal and contract bid schedule forms. 3. One set of blackline prints of final drawings and one electronic set of final drawings for Purchasing. E. Meet with homeowners and/or property owners at prospective construction access locations. Coordinate between owners and City regarding this access and the City’s preparation of temporary access and construction easements, if required. Engineer will provide the Contractor and the City of Coppell with site access information and agreement concepts. F. Provide necessary Storm Water Pollution Prevention Concept Plans in accordance with the City of Coppell requirements. G. Assist the City of Coppell staff in distribution of documents for bids. Furnish twenty (20) sets of contract documents for bidding or as directed by the City of Coppell. PART III - CONSTRUCTION ADMINISTRATION A. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. B. Attend the pre-bid conference. C. Attend the bid opening and provide tabulation and analysis of the bids received and furnish recommendations on the award of the contract or the appropriate action to be taken by the City of Coppell. 1. Evaluate the lowest and second lowest bidder. Bid evaluation will include the contractor’s: CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT A – SCOPE OF BASIC SERVICES 6/30/2012 A-4 a. Past work history b. Financial resources; c. Physical resources to produce the project. 2. Provide a summary of the bid analysis to the City for use in selection and award of the construction project. D. Assist the City of Coppell staff in conducting one pre-construction conference with the Contractor. E. Assist the City of Coppell in arranging for testing of materials and laboratory control during construction, which is to be conducted at the City’s expense. F. Perform two site visits to the site each month (maximum of 6 total visits) to observe the progress and the quality of work and to attempt to determine if the work is proceeding in accordance with the Contract Documents. If the Engineer is requested to visit the site more frequently, the requested visits shall be considered an Additional Service. In performing the services above, the Engineer will endeavor to protect the City of Coppell against defects and deficiencies; however, it is understood that the Engineer does not guarantee the Contractor’s performance, nor is the Engineer responsible for supervision of the Contractor’s operation and employees. The Engineer shall not be responsible for the acts or omissions of any person at the Project sites or otherwise performing any of the work of the Project. G. Review concrete mix design, samples, catalog data, shop drawings, laboratory tests, shop mill tests of material and test equipment and other submittal information to assure conformity with construction plans. Provide written responses to requests for information or clarification. H. Attend coordination meetings with contractors, inspection personnel, and City representatives. I. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. J. Interpret intent of the drawings and technical specifications for the City of Coppell and the Contractor. Respond to contractor's verbal technical questions. K. Conduct, in company with the City’s representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents. L. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting the changes in the Project made during construction. The Engineer shall submit one set of “as-builts” to the Engineering CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT A – SCOPE OF BASIC SERVICES 6/30/2012 A-5 Inspector for review and approval. Upon approval, the city shall have the drawings processed in the following quantities and formats: 1. One set of 22” x 34” mylar plans ready for microfilming shall be submitted to the Engineering Department from Design Engineer. 2. Updated digital files of the new construction for use in the City’s computerized mapping system. PART IV - ADDITIONAL SERVICES Additional Services to be performed by Engineer, if authorized by the City of Coppell, which are not included in the above-described basic services, are described as follows: A. We do not anticipate the need of any additional easement or right-of-way for the project and no services related to such is included in this scope. B. Performing hydraulic modeling of the stream for any reason; C. Assisting City of Coppell with public meetings or hearings to inform residents; D. Since this project is in a city park adjacent to a city street, we assume there will be no need for easement or right-of-way acquisition for this project; E. Performing title searches and examination of deed records; F. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications; G. Providing full time site inspection during construction of the project; H. Performing designs for trench safety and retaining walls, etc. which are not included in the above Scope of Services; I. Revisions to plans as result of revisions after completion of original final design (unless to correct error on original plans); J. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including preparation of engineering data and reports for assistance to the City of Coppell; K. Assisting the City of Coppell in claims disputes with the Contractor(s); L. Assisting the City of Coppell in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT A – SCOPE OF BASIC SERVICES 6/30/2012 A-6 services, if any, shall be furnished by Engineer on a fee basis negotiated by the respective parties outside of and in addition to this Agreement; M. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance other than listed in the above Scope of Services, and other assistance required to address environmental issues; N. Any Corps of Engineers work including but not limited to wetlands delineation, meetings with the Corps of Engineers staff, wetlands mitigation, or any other work not listed in the Scope of Services; O. Attending homeowners and/or Council meetings including preparation of all displays, reports, or other data for use at such meetings; P. Preparation of plans and/or specifications related to the relocation of utilities; Q. Fees for permits and advertising; R. Flood plain reclamation plans; S. Consulting services by others not included in proposal; T. Inspection and testing services during construction; U. Preparation and processing monthly or final construction pay estimates; V. Determination of a floodway; W. Preparation of a Request for Letter of Map Revision or Conditional Letter of Map Revision, or any work pertaining to it. CITY OF COPPELL – Creekview Retaining Wall and Roadway Improvements ATTACHMENT B – SCOPE OF SPECIAL SERVICES 6/30/2012 B-1 A. Field Surveying for Design Phase 1. Establish a local control network and tie into the existing City of Coppell control network on the site. 2. Provide construction control points to be used for construction (a minimum of two per site). Set horizontal and vertical control monuments, with coordinates tied to the Horizontal Control Plan. 3. Tie right-of-way lines and property lines to the sites. 4. Verify horizontal and vertical locations of existing city facilities on the sites. 5. When underground utilities are exposed at the City's request, tie to the local control network. 6. Obtain topographic information including cross-sections of the existing ground features as needed for design. 7. Locate all pertinent creek features for design including top of bank, existing walls and slabs, existing buildings, existing pavements, fences, trees 4” diameter and larger, and utility appurtenances such as water valves, fire hydrants, manholes, etc., (within construction area) on the sites. 8. Contact utility companies to locate and uncover utilities which conflict with the proposed project. Tie uncovered utilities to the local control network. 9. Provide a drawing of the project sites with 1’ contours and all located features. B. Geotechnical Engineering: 1. Perform truck-mounted borings at the site with hand-borings as required to determine depths to rock. The engineer will take reasonable precautions to avoid damage to utilities and flatwork at the sites, but will only be responsible for damages at the sites caused by their negligent acts. 2. Perform the laboratory testing required for the design of the retaining wall and determine the required depth of remediation of the street subgrade. C. US Army Corps of Engineers Permitting: Prepare the submittal to the Corps of Engineers to ask that the Nationwide Permit for Streambank Stabilization apply to the Fox Creek Site. We will delineate the approximate ordinary high water mark and add it to the construction plans to be submitted to the Corps of Engineers. Once the PCN is submitted, WPM will follow up with the Corps of Engineers and will provide additional information that may be required by them, such as additional photos or design calculations. Any hydraulic modeling that the Corps of Engineers may require is not included in the scope of this project. City of Coppell - Creekview Retaining Wall and Street Improvements EXHIBIT “B” – DESIGN SCHEDULETask ID and Description Duration (Weeks)7/1/20127/8/20127/15/20127/22/20127/29/20128/5/20128/12/20128/19/20128/26/20129/2/20129/9/20129/16/20129/23/20129/30/201210/7/201210/14/201210/21/201210/28/201211/4/201211/11/201211/18/201211/25/2012Preliminary Design 11Mobilization1Geotechnical Study4Topographic Surveying 2Phase I Study of Options 2Meet with City0Preliminary Design and Drafting (60%) 4Submit to City0City Review2Meet with City0Final Design9Incorporate City Comments 195% Design, Drafting, & Specifications 3Submit 95% Design and Estimate to City09 weeks11 weeks````Submit 95% Design and Estimate to City0City Review2Meet with City0Incorporate City Comments 1Final Design (100%), Drafting, & Specifications 2Submit Final CD's to City 0``6/30/2012D-1 MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer George S. Marshall, P.E., Civil Engineer DATE: August 14, 2012 RE: Consider approval of award of Bid #Q-0612-01 for the Tax 2011B street reconstruction project in the amount of $588,100.00 and approval of an incentive bonus amount of up to an additional $20,000.00 for a total award of $608,100.00 to CPS Civil for construction of Vanbebber Drive; and Tax 2010A in the amount of $1,135,632.25 and approval of an incentive bonus amount of up to an additional $40,000.00 for a total award of $1,175,632.25 to RKM Utilities for construction of Willow Springs Drive; as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. On June 28, 2012 the City of Coppell received and opened five bids for the Tax 2011B street reconstruction of Vanbebber Drive and four bids for the Tax 2010A street reconstruction of Willow Springs Drive. The bid was set up such that contractors could submit bids for each individual street, and a total bid for both streets. Total bids ranged from $1,980,442.80 to $2,387,688.90. The engineering firm of JQ Infrastructure prepared the plans and bidding documents for Vanbebber and estimated the cost at $800,000. City Staff prepared the plans and bid documents for Willow Springs Drive and estimated the cost at $1,400,000. Both of these streets have had a history of street or utility failures that have required considerable maintenance effort and expense. Water lines, paving, and sidewalks will be replaced on both streets and additionally the sewer lines will be replaced on Willow Springs Drive. The projects were bid in an A+B format, where A is the base bid and B is the number of days bid times a daily value. In this case, Vanbebber was assigned a daily value of $500.00 and Willow Springs $1000.00. Vanbebber was lower because there are no houses that directly front onto Vanbebber. It should be noted that while the projects were evaluated on an A+B format to determine the most advantageous award for the City and citizens, the actual award is the base bid plus any potential incentive bonus. CPS Civil submitted the lowest base bid for Vanbebber in the amount of $588,100.00, and RKM Utilities submitted the lowest base bid for Willow Springs in the amount of $1,135,632.25. Staff has reviewed the bids and performed background investigations on both contractors. Both contractors have performed many projects of similar size and scope. RKM previously worked for the City on Heartz Road and Clear Creek. This will be the first time the City will use CPS Civil. The award amounts include a maximum bonus of $20,000 for early completion for Vanbebber Drive and $40,000.00 for Willow Springs Drive. The bonus amount is based on the aforementioned value of $500 per calendar day for Vanbebber and $1,000 per calendar day for Willow Springs. This bonus will only be paid to the contractor if it is earned under the terms of the contract. The contractor’s bid allows for 120 calendar days to complete Vanbebber Drive and 175 calendar days to complete Willow Springs Drive. Upon award of the contract, the Engineering Department will schedule a public meeting with the adjacent residents to discuss construction issues and impacts. Staff recommends award of Bid #Q-0612-01 in the following manner: Tax 2011B street reconstruction project in the amount of $588,100.00 and approval of an incentive bonus amount of up to an additional $20,000.00 for a total award of $608,100.00 to CPS Civil for construction of Vanbebber Drive; and, Tax 2010A in the amount of $1,135,632.25 and approval of an incentive bonus amount of up to an additional $40,000.00 for a total award of $1,175,632.25 to RKM Utilities for construction of Willow Springs Drive, as provided for in IMF funds; and authorizing the City Manager to sign and execute any necessary documents. Staff will be available to answer any questions at the Council meeting. Bid Q0612-01Tax 2011B Vanbebber DriveTax 2010A Willow Springs DriveItem No. Plan Quantity Unit Description Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price101 1 LS Mobilization$25,000.00 $25,000.00 $50,000.00 $50,000.00 $10,000.00 $10,000.00 $20,650.00 $20,650.00 $30,000.00 $30,000.00102 2 EA Project Signs $500.00 $1,000.00 $400.00 $800.00 $500.00 $1,000.00 $500.00 $1,000.00 $420.00 $840.00103 1 LS Right-of-Way Preparation $15,000.00 $15,000.00 $20,000.00 $20,000.00 $43,500.00 $43,500.00 $37,850.00 $37,850.00 $39,800.00 $39,800.00104 5988 SY Remove & Dispose Ex. Concrete Pavement $8.00 $47,904.00 $9.50 $56,886.00 $7.60 $45,508.80 $9.50 $56,886.00 $8.27 $49,520.76105 1177 SYRemove & Dispose Ex. Concrete Driveways, Alleys & Sidewalks $8.00 $9,416.00 $9.25 $10,887.25 $6.75 $7,944.75 $6.25 $7,356.25 $5.50 $6,473.50106 6321 SY 8" Lime Treated Subgrade $4.00 $25,284.00 $3.35 $21,175.35 $2.45 $15,486.45 $3.50 $22,123.50 $2.84 $17,951.64107 127 TON Hydrated Lime (40 LBS/SY) $140.00 $17,780.00 $100.00 $12,700.00 $157.00 $19,939.00 $150.00 $19,050.00 $161.00 $20,447.001080SY6" Reinforced Pavement with Curb -- -- -- -- --109 5226 SY 8" Reinforced Pavement with Curb $35.00 $182,910.00 $42.00 $219,492.00 $39.70 $207,472.20 $47.80 $249,802.80 $42.28 $220,955.28110 181 SY 8" Stamped Concrete Pavement with Integral Color $60.00 $10,860.00 $70.50 $12,760.50 $100.00 $18,100.00 $127.50 $23,077.50 $104.00 $18,824.00111 647 SY 6" Reinforced Driveway/Alley Pavement $37.00 $23,939.00 $35.00 $22,645.00 $36.00 $23,292.00 $43.85 $28,370.95 $37.02 $23,951.94112 677 SY 4" Concrete Sidewalk $30.00 $20,310.00 $31.00 $20,987.00 $31.50 $21,325.50 $34.80 $23,559.60 $32.02 $21,677.54113 18 EA Barrier Free Ramp $1,000.00 $18,000.00 $1,200.00 $21,600.00 $880.00 $15,840.00 $600.00 $10,800.00 $850.00 $15,300.00114 143 LF Variable Height Ret. Wall w/Integral Sidewalk $40.00 $5,720.00 $70.00 $10,010.00 $93.50 $13,370.50 $65.00 $9,295.00 $80.55 $11,518.65115 0 EA Concrete Sidewalk Step - - - - - - - - - -116 1 LS Pavement Markings $1,900.00 $1,900.00 $1,000.00 $1,000.00 $1.00 $1.00 $1,450.00 $1,450.00 $1,725.00 $1,725.00117 1 LS Traffic Buttons $1,000.00 $1,000.00 $2,000.00 $2,000.00 $2,100.00 $2,100.00 $4,200.00 $4,200.00 $2,152.00 $2,152.00118 1 LS Prepare Traffic Control Plan and Implement $5,000.00 $5,000.00 $550.00 $550.00 $7,000.00 $7,000.00 $9,800.00 $9,800.00 $22,550.00 $22,550.00119 1 LSPrepare and Implement Storm Water Polution Prevention Plan (SWPPP) $3,000.00 $3,000.00 $2,000.00 $2,000.00 $3,800.00 $3,800.00 $4,800.00 $4,800.00 $9,920.00 $9,920.00120 1 LS Restore Parkways & Disturbed Areas $2,000.00 $2,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 $7,850.00 $7,850.00 $13,875.00 $13,875.00121 10 EA 10' Curb Inlet $3,000.00 $30,000.00 $2,850.00 $28,500.00 $2,860.00 $28,600.00 $3,000.00 $30,000.00 $2,817.00 $28,170.00122 0 EA 10' Inlet Top Reconstruction - - - - - - - - - -123 0 EA 2'x2' Grate Inlet - - - - - - - - - -124 94 LF 18" Reinforced Concrete Pipe (CL III)$50.00 $4,700.00 $57.00 $5,358.00 $68.50 $6,439.00 $73.50 $6,909.00 $140.12 $13,171.28125 0 LF 21" Reinforced Concrete Pipe (CL III) - - - - - - - - - -126 0 LF 24" Reinforced Concrete Pipe (CL III) - - - - - - - - - -127 38 LF 6" PVC C-900 DR-14 Water Line $80.00 $3,040.00 $131.00 $4,978.00 $125.00 $4,750.00 $175.00 $6,650.00 $170.14 $6,465.32128 1568 LF 8" PVC C-900 DR-14 Water Line $50.00 $78,400.00 $55.00 $86,240.00 $57.20 $89,689.60 $64.25 $100,744.00 $55.90 $87,651.20129 0 LF 12" PVC C-900 DR-18 Water Line - - - - - - - - - -130 0 EA Water Service w/ Meter Can (Short Side) - - - - - - - - - -131 0 EA Water Service w/ Meter Can (Long Side) - - - - - - - - - -1320EA6" Gate Valve ------ -- --133 17 EA 8" Gate Valve $1,300.00 $22,100.00 $1,180.00 $20,060.00 $1,350.00 $22,950.00 $1,520.00 $25,840.00 $1,488.91 $25,311.47134 0 EA 12" Gate Valve - - - - - - - - - -135 5 EA Install New Fire Hydrant and Valve Assembly $4,000.00 $20,000.00 $3,550.00 $17,750.00 $3,300.00 $16,500.00 $4,310.00 $21,550.00 $3,736.35 $18,681.75136 0 EA Adjust Existing Valve Box to Grade - - - - - - - - - -137 1 LS Abandon Existing Water Line $6,000.00 $6,000.00 $1,500.00 $1,500.00 $660.00 $660.00 $3,450.00 $3,450.00 $3,500.00 $3,500.00138 0 LF 8" PVC SDR-35 Sanitary Sewer Pipe - - - - - - - - - -139 0 EA 4' Sanitary Sewer Manhole (All Depths) - - - - - - - - - -140 0 EA Sanitary Sewer Service (Short Side) - - - - - - - - - -141 0 EA Sanitary Sewer Service (Long Side) - - - - - - - - - -142 0 LS Abandon Existing Sanitary Sewer Line - - - - - - - - - -143 0 EA Remove Existing Sanitary Sewer Manhole - - - - - - - - - -144 0 EA Remove Existing Cleanout - - - - - - - - - -145 0 EA Adjust Existing Sanitary Sewer Manhole Rim - - - - - - - - - -146 1837 LF Trench Safety for All Utilities $1.00 $1,837.00 $0.25 $459.25 $1.10 $2,020.70 $0.80 $1,469.60 $1.00 $1,837.00147 1 LS Repair/Replace/Modify Ex. Irrigation Systems $4,000.00 $4,000.00 $1,925.00 $1,925.00 $5,500.00 $5,500.00 $2,500.00 $2,500.00 $1,000.00 $1,000.001480EAInstall Trees -- -- -- -- --149 0 LF Install Tree Root Barrier - - - - - - - - - -150 1 LS Remove and Reset Landscaping $2,000.00 $2,000.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $500.00 $500.00 $500.00 $500.00151 0 EA Remove & Replace Existing Brick Mailbox - - - - - - - - - -152 0 EA Remove & Reset Mailbox - - - - - - - - - -Base Bid A = $588,100.00 $664,263.35 $646,789.50 $737,534.20 $713,770.33# of Calendar Days120 CD 150 CD 120 CD 150 CD 150 CD(Daily Value * # of Days) B = $60,000.00 $75,000.00 $60,000.00 $75,000.00 $75,000.00A + B =$648,100.00 $739,263.35 $706,789.50 $812,534.20 $788,770.33CPS Civil RKM Tiseo Paving McMahonJim BowmanVanbebber Drive Bid Tab1 of 3 Bid Q0612-01Tax 2011B Vanbebber DriveTax 2010A Willow Springs DriveItem No. Plan Quantity Unit Description Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price101 1 LS Mobilization $45,000.00 $45,000.00 $50,000.00 $50,000.00 $26,000.00 $26,000.00 $30,200.00 $30,200.00102 2 EA Project Signs $500.00 $1,000.00 $400.00 $800.00 $500.00 $1,000.00 $500.00 $1,000.00103 1 LS Right-of-Way Preparation $20,000.00 $20,000.00 $30,000.00 $30,000.00 $51,000.00 $51,000.00 $51,250.00 $51,250.00104 8483 SY Remove & Dispose Ex. Concrete Pavement $8.00 $67,864.00 $9.50 $80,588.50 $7.35 $62,350.05 $9.10 $77,195.30105 2654 SYRemove & Dispose Ex. Concrete Driveways, Alleys & Sidewalks $8.00 $21,232.00 $9.50 $25,213.00 $6.50 $17,251.00 $6.25 $16,587.50106 9100 SY 8" Lime Treated Subgrade $4.00 $36,400.00 $3.35 $30,485.00 $2.75 $25,025.00 $3.50 $31,850.00107 182 TON Hydrated Lime (40 LBS/SY) $140.00 $25,480.00 $100.00 $18,200.00 $157.00 $28,574.00 $150.00 $27,300.00108 8483 SY 6" Reinforced Pavement with Curb $34.00 $288,422.00 $35.50 $301,146.50 $32.95 $279,514.85 $41.60 $352,892.80109 0 SY 8" Reinforced Pavement with Curb - - - - - - - -110 0 SY 8" Stamped Concrete Pavement with Integral Color - - - - - - - -111 257 SY 6" Reinforced Driveway/Alley Pavement $37.00 $9,509.00 $37.25 $9,573.25 $36.00 $9,252.00 $43.85 $11,269.45112 2423 SY 4" Concrete Sidewalk $30.00 $72,690.00 $34.00 $82,382.00 $31.50 $76,324.50 $34.80 $84,320.40113 10 EA Barrier Free Ramp $1,000.00 $10,000.00 $1,200.00 $12,000.00 $880.00 $8,800.00 $600.00 $6,000.00114 0 LF Variable Height Ret. Wall w/Integral Sidewalk - - - - - - - -115 0 EA Concrete Sidewalk Step - - - - - - - -116 1 LS Pavement Markings $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1.00 $1.00 $1,000.00 $1,000.00117 1 LS Traffic Buttons $1,000.00 $1,000.00 $500.00 $500.00 $1.00 $1.00 $500.00 $500.00118 1 LS Prepare Traffic Control Plan and Implement $5,000.00 $5,000.00 $550.00 $550.00 $10,000.00 $10,000.00 $13,500.00 $13,500.00119 1 LSPrepare and Implement Storm Water Polution Prevention Plan (SWPPP) $3,000.00 $3,000.00 $2,000.00 $2,000.00 $11,525.00 $11,525.00 $12,100.00 $12,100.00120 1 LS Restore Parkways & Disturbed Areas $3,000.00 $3,000.00 $10,000.00 $10,000.00 $21,500.00 $21,500.00 $23,750.00 $23,750.00121 5 EA 10' Curb Inlet $1,500.00 $7,500.00 $2,850.00 $14,250.00 $2,860.00 $14,300.00 $3,000.00 $15,000.00122 5 EA 10' Inlet Top Reconstruction $1,300.00 $6,500.00 $1,700.00 $8,500.00 $2,860.00 $14,300.00 $2,200.00 $11,000.00123 1 EA 2'x2' Grate Inlet $1,200.00 $1,200.00 $1,975.00 $1,975.00 $1,650.00 $1,650.00 $3,450.00 $3,450.00124 420 LF 18" Reinforced Concrete Pipe (CL III) $55.00 $23,100.00 $55.00 $23,100.00 $46.20 $19,404.00 $64.00 $26,880.00125 218 LF 21" Reinforced Concrete Pipe (CL III) $60.00 $13,080.00 $60.00 $13,080.00 $53.90 $11,750.20 $72.00 $15,696.00126 309 LF 24" Reinforced Concrete Pipe (CL III) $65.00 $20,085.00 $66.00 $20,394.00 $62.70 $19,374.30 $75.75 $23,406.75127 10 LF 6" PVC C-900 DR-14 Water Line $300.00 $3,000.00 $275.00 $2,750.00 $110.00 $1,100.00 $365.00 $3,650.00128 2840 LF 8" PVC C-900 DR-14 Water Line $40.50 $115,020.00 $40.00 $113,600.00 $44.00 $124,960.00 $50.20 $142,568.00129 20 LF 12" PVC C-900 DR-18 Water Line $200.00 $4,000.00 $175.00 $3,500.00 $132.00 $2,640.00 $201.00 $4,020.00130 33 EA Water Service w/ Meter Can (Short Side) $1,000.00 $33,000.00 $940.00 $31,020.00 $1,100.00 $36,300.00 $1,150.00 $37,950.00131 28 EA Water Service w/ Meter Can (Long Side) $1,250.00 $35,000.00 $1,100.00 $30,800.00 $1,430.00 $40,040.00 $1,525.00 $42,700.00132 3 EA 6" Gate Valve $800.00 $2,400.00 $820.00 $2,460.00 $935.00 $2,805.00 $1,125.00 $3,375.00133 12 EA 8" Gate Valve $1,100.00 $13,200.00 $1,200.00 $14,400.00 $1,320.00 $15,840.00 $1,541.00 $18,492.00134 1 EA 12" Gate Valve $2,000.00 $2,000.00 $2,150.00 $2,150.00 $2,250.00 $2,250.00 $2,600.00 $2,600.00135 5 EA Install New Fire Hydrant and Valve Assembly $4,000.00 $20,000.00 $3,400.00 $17,000.00 $3,300.00 $16,500.00 $4,160.00 $20,800.00136 2 EA Adjust Existing Valve Box to Grade $250.00 $500.00 $100.00 $200.00 $110.00 $220.00 $90.00 $180.00137 1 LS Abandon Existing Water Line $5,000.00 $5,000.00 $1,500.00 $1,500.00 $660.00 $660.00 $3,625.00 $3,625.00138 2549 LF 8" PVC SDR-35 Sanitary Sewer Pipe $34.00 $86,666.00 $41.00 $104,509.00 $35.20 $89,724.80 $28.10 $71,626.90139 7 EA 4' Sanitary Sewer Manhole (All Depths) $3,000.00 $21,000.00 $2,600.00 $18,200.00 $3,410.00 $23,870.00 $4,430.00 $31,010.00140 29 EA Sanitary Sewer Service (Short Side) $600.00 $17,400.00 $330.00 $9,570.00 $550.00 $15,950.00 $490.00 $14,210.00141 33 EA Sanitary Sewer Service (Long Side) $1,000.00 $33,000.00 $500.00 $16,500.00 $770.00 $25,410.00 $800.00 $26,400.00142 1 LS Abandon Existing Sanitary Sewer Line $2,500.00 $2,500.00 $1,900.00 $1,900.00 $550.00 $550.00 $2,000.00 $2,000.00143 5 EA Remove Existing Sanitary Sewer Manhole $300.00 $1,500.00 $325.00 $1,625.00 $660.00 $3,300.00 $395.00 $1,975.00144 4 EA Remove Existing Cleanout $60.00 $240.00 $50.00 $200.00 $440.00 $1,760.00 $100.00 $400.00145 1 EA Adjust Existing Sanitary Sewer Manhole Rim $500.00 $500.00 $500.00 $500.00 $220.00 $220.00 $280.00 $280.00146 6366 LF Trench Safety for All Utilities $2.00 $12,732.00 $1.00 $6,366.00 $1.10 $7,002.60 $0.60 $3,819.60147 1 LS Repair/Replace/Modify Ex. Irrigation Systems $4,000.00 $4,000.00 $3,000.00 $3,000.00 $20,400.00 $20,400.00 $10,000.00 $10,000.00148 0 EA Install Trees - - - - - - - -149 485 LF Install Tree Root Barrier $60.00 $29,100.00 $17.00 $8,245.00 $26.50 $12,852.50 $15.00 $7,275.00150 1 LS Remove and Reset Landscaping $2,000.00 $2,000.00 $1,000.00 $1,000.00 $8,300.00 $8,300.00 $1,000.00 $1,000.00151 5 EA Remove & Replace Existing Brick Mailbox $400.00 $2,000.00 $700.00 $3,500.00 $1,000.00 $5,000.00 $1,000.00 $5,000.00152 54 EA Remove & Reset Mailbox $200.00 $10,800.00 $100.00 $5,400.00 $250.00 $13,500.00 $75.00 $4,050.00Base Bid A = $1,139,620.00 $1,135,632.25 $1,180,051.80 $1,295,154.70# of Calendar Days210 CD 175 CD 180 CD 280 CD(Daily Value * # of Days) B = $210,000.00 $175,000.00 $180,000.00 $280,000.00A + B =$1,349,620.00 $1,310,632.25 $1,360,051.80 $1,575,154.70CPS Civil RKM Tiseo Paving Jim BowmanWillow Springs Bid Tab2 of 3 Bid Q0612-01Tax 2011B Vanbebber DriveTax 2010A Willow Springs DriveBase Bid A = $588,100.00 $664,263.35 $646,789.50 $737,534.20 $713,770.33# of Calendar Days120 CD 150 CD 120 CD 150 CD 150 CD(Daily Value of $500/day * # of Days) B = $60,000.00 $75,000.00 $60,000.00 $75,000.00 $75,000.00A + B =$648,100.00 $739,263.35 $706,789.50 $812,534.20 $788,770.33Vanbebber DriveWillow Springs DriveNo BidTallyCPS Civil RKM Tiseo Paving Jim Bowman McMahonBase Bid A = $1,139,620.00 $1,135,632.25 $1,180,051.80 $1,295,154.70# of Calendar Days210 CD 175 CD 180 CD 280 CD(Daily Value of $1000/day * # of Days) B = $210,000.00 $175,000.00 $180,000.00 $280,000.00A + B =$1,349,620.00 $1,310,632.25 $1,360,051.80 $1,575,154.70Willow Springs DriveNo BidTotal if Given Both StreetsNo BidBase Bid A = $1,727,720.00 $1,799,895.60 $1,826,841.30 $2,032,688.90# of Calendar Days330 CD 325 CD 300 CD 430 CD(Daily Value * # of Days) B = $270,000.00 $250,000.00 $240,000.00 $355,000.00A + B =$1,997,720.00 $2,049,895.60 $2,066,841.30 $2,387,688.90Discount if Given Both Streets-$17,277.20 -$29,500.00Grand Total$1,980,442.80 $2,049,895.60 $2,037,341.30 $2,387,688.90CPS Civil - Vanbebber Drive$648,100.00RKM - Willow Springs Drive+ $1,310,632.25$1,958,732.25 Less than CPS Civil's Bid of $1,980,442.80 for both streetsTotal if Given Both StreetsNo Bid3 of 3 Vanbebber Dr. & Willow Springs Dr.Street Reconstruction ProjectCity of Coppell ProjectTax 2011B & Tax 2010ACreated in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\TAX 2010 STREETS\dwg\CC Exhibits\Tax 2010A - Willow Springs CC EXHIBITS.dwgCreated on: 19 July 2012 by George MarshallS:\CAD\In_Design\TAX 2010 STREETS\dwg\CC Exhibits\Tax 2010A - Willow Springs CC EXHIBITS.dwg, LOCATION MAP, 7/23/2012 4:30:11 PM, gmarshall, DWG To PDF.pc3, ANSI expand A (8.50 x 11.00 Inches), 1:1 Vanbebber Dr. & Willow Springs Dr.Street Reconstruction ProjectCity of Coppell ProjectTax 2011B & Tax 2010ACreated in AutoCAD1 INCH = 500 FT0500250S:\CAD\In_Design\TAX 2010 STREETS\dwg\CC Exhibits\Tax 2010A - Willow Springs CC EXHIBITS.dwgCreated on: 19 July 2012 by George MarshallWillow Springs Dr.Low Bid RKMVanbebber Dr.Low Bid CPS CivilS:\CAD\In_Design\TAX 2010 STREETS\dwg\CC Exhibits\Tax 2010A - Willow Springs CC EXHIBITS.dwg, Willow Springs Dr, 7/23/2012 4:30:16 PM, gmarshall, DWG To PDF.pc3, ANSI expand A (8.50 x 11.00 Inches), 1:1 PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 14, 2012 To: Mayor and City Council From: Brad Reid, Director Re: Consider approval of a Development Agreement between the City of Coppell and the Friends of Coppell Nature Park, for the construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign Background: A dedicated group of students and adults, working together in a deliberate fashion for the past 9 years, have developed a grand vision to create and sustain a true nature center in the City of Coppell. Hundreds of volunteers have since devoted thousands of hours to help make this vision a reality. There are few people who know the true dedicated sacrifice offered by the current and past members of the Friends of Coppell Nature Park (FCNP) to see this facility to the point where a building is within grasp. The project has slowly progressed to the point where the leaders at FCNP feel they are very close to having raised the necessary funding to finish the first phase of the project, namely a Bio-Diversity Education Center. This Center will serve a number of functions within the Nature Park at Wagon Wheel. The City benefits from the volunteer aspect of what this facility will offer. There is a significant volunteer element to the Coppell community and there is a need to have a base of activity for this function in the city. Not that the City should be responsible for all coordination of volunteer efforts in the community, but a city building that can “house” these activities, particularly those of environmental and sustainability education and involvement, can be of great benefit. The Center will include a large meeting space that can be used by Keep Coppell Beautiful, Coppell Community Gardens, Friends of Coppell Nature Park, Coppell Farmers Market, Master Naturalists, etc. The educational aspect of the Center will accomplish goals of the science curriculum of the Coppell Independent School District and the Northlake College System by creating a learning environment for students of all ages. The agreement under consideration tonight establishes the structure for how FCNP must proceed in contracting for and causing the construction of this building. Primarily, the agreement stipulates that FCNP must work through the Coppell Parks and Recreation Department in all phases of the design, permitting, contracting and construction of the building. They must also assure the City that the funds and/or donations necessary for completion of the facility have been procured prior to beginning construction. No City funding should be included in the financial estimations to justify the ability to complete this building. Funding shall be from sources as collected by FCNP during fund raising efforts related to the facility, including Coppell Independent School District funding and other sources developed during fund raising by the not-for-profit entity. The site plan and building elevations have been approved by the City Council during previous meetings as a result of FCNP bringing forth professionally prepared designs and drawings. The leaders at Friends of Coppell Nature Park are not fully prepared financially to proceed with the beginning of construction as of the date of this memo but feel that with certain promises fulfilled they will very soon see the fruits of their labor come to fruition. They are finalizing fund raising efforts while the city performs review of plans and construction documents as prepared by SHW Group Architects. FCNP currently anticipates construction beginning by the end of 2012. City Council Action requested: Consider approval of a Development Agreement between the City of Coppell and the Friends of Coppell Nature Park, for the construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign Staff Recommendation: Approval of this item. AGREEMENT FOR THE CONSTRUCTION, DEVELOPMENT, OPERATION AND MAINTENANCE OF A CENTER AT COMMUNITY PARK THE STATE OF TEXAS § DEVELOPMENT AGREEMENT FOR § BIODIVERSITY CENTER COUNTY OF DALLAS § AT COPPELL NATURE PARK This Agreement (“Agreement”) for the construction, development, operation, and maintenance of a Biodiversity Education Center at the Coppell Nature Park, is entered into this __________ day of __________, 2012, between the City of Coppell, Texas, a Texas municipal corporation (“City”) and Friends of Coppell Nature Park, a Texas non-profit organization (“FCNP”). WHEREAS, City is owner of the Coppell Nature Park, located at 367 Freeport Parkway, Coppell, Texas, (hereinafter, the “Park”) and desires to enhance its use as a municipal park by developing a new Biodiversity Education Center, which will house an education hall and offices, landscaping and all associated improvements (the “Center”) within the Park limits; and WHEREAS, the Center is to be located on an area of land located within the Park, said area being more particularly described on Exhibit “A”, which is attached hereto and incorporated herein by reference, (hereinafter, the “Premises”); and WHEREAS, City desires to grant FCNP a non-exclusive license for construction and development of the Center within the Park, as provided in the Development Plan, which upon approval by the City Council shall be incorporated herein and attached as Exhibit “B”; and WHEREAS, upon completion of the Center, FCNP desires to transfer ownership of the Center to the City; and WHEREAS, both the City and FCNP find that it is in the best interest of the City to allow the City to operate the Center for the use and enjoyment of all City youth; and WHEREAS, FCNP is a Texas non-profit corporation established and existing under Texas law for the purpose of promoting the preservation of the natural environment within the City of Coppell through conservation and education. NOW, THEREFORE, the City and FCNP, in consideration of the mutual covenants, terms and condition contained in this Agreement, and for other good and valuable consideration, do hereby agree as follows: ARTICLE I SCOPE; TERM Section 1.1. Purpose. The purpose of this Agreement is to set forth the terms and conditions upon which the City will allow FCNP to design, develop and construct the Nature Center. FCNP covenants to design, develop and construct the Center in the Coppell Nature Park as herein provided. All such costs related to the design, development and construction of the Center shall be the sole responsibility of FCNP. The City covenants to operate and maintain the Center, as Development Agreement- Page 2 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 further provided herein. All costs related to the operation and maintenance of the Center shall be the sole responsibility of the City. Section 1.2. Commencement and Initial Term. The Term of this Agreement shall commence on execution, and shall terminate one (1) year thereafter, unless terminated at an earlier date in accordance with the terms of this Agreement. Section 1.3. Renewal Terms. Subject to City’s approval and consent and provided that FCNP is not in default hereunder, FCNP may renew on the same terms and conditions for one additional 1-year period by providing written notice to City at least three (3) months prior to the termination of the initial Term. If City elects to renew, City (through the Director of the Parks and Recreation Department, hereinafter the “Director”) shall inform FCNP, in writing, no later than sixty (60) days after notice of desire of renewal by FCNP. Section 1.4. Uses. FCNP shall use the Premises solely for the design, development, and construction of the Center, and the City shall maintain and operate the Center, for the use and enjoyment of the youth of the City and the public in general, in accordance with all applicable laws governing a public park. Section 1.5. Prohibited Use. Without in any way limiting the foregoing section, FCNP shall not permit the Premises to be used in any manner that would render the insurance thereon void or the insurance risk more hazardous. FCNP shall not design, construct, use or occupy the Center, or permit the Center to be used or occupied, (a) contrary to any statute, rule, order, ordinance, requirement, or regulation available thereto or (b) in any manner which would (i) violate any certificates of occupancy or permit affecting same, (ii) cause structural injury to then existing improvements, (iii) cause the usefulness of the Premises or Park to diminish, (iv) constitutes a public or private nuisance or waste, or (v) be immoral or obscene or is a threat to the welfare of the general public. ARTICLE II DEFINITIONS Biodiversity Center or Center shall refer to the building located within the City of Coppell Nature Park which shall house additional improvements as depicted on the Development Plan such as a rain catching facility, future butterfly garden and nature path(s). City shall refer to the City of Coppell. Director shall refer to the City of Coppell Director of Parks and Recreation, and/or his authorized representative. FCNP shall refer to the Friends of Coppell Nature Park, a nonprofit agency. Development Agreement- Page 3 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 ARTICLE III LICENSE City hereby grants FCNP a temporary and non-exclusive license during the term of this Agreement to use the Premises for the exclusive purpose of constructing the Center on the Premises in accordance with this Agreement. This license will expire when a certificate of occupancy is issued for the Center. ARTICLE IV CENTER DEVELOPMENT AND PLANNING Section 4.1. Development Plan. Upon entering into this Agreement, FCNP, at its sole cost, shall undertake the development of a comprehensive Development Plan which upon approval as herein provided shall be attached to and incorporated in this Agreement for all purposes as Exhibit “B” (“Development Plan”) for the design and construction of the Center at the Premises. FCNP shall use its best efforts to provide to the City a realistic plan for (i) financing and funding sources for the design and construction of the Center and (ii) design and construction of the Center. The Development Plan shall more fully describe the construction schedule of the Center on the Premises. Any such plans shall comply with all federal, state, and local laws and requirements, including the Americans with Disabilities Act, and all laws and regulations relating to historic structures, if applicable. The Development Plan shall be developed in consultation with the City through the Director or his designee and the designated representative of FCNP. Final approval of the Development Plan will be by the Director and FCNP. After approval of the Development Plan, any material change to the Development Plan shall require prior written approval of both parties, which approval shall not be unreasonably withheld. The Development Plan shall be the official guide to all future development of the Premises under this Agreement and FCNP and the City agree to adhere to same. Section 4.2. Joint Cooperation; Access for Planning and Development. The parties agree to cooperate and coordinate with each other, and to assign appropriate qualified personnel to this project. FCNP shall have and City does grant to FCNP reasonable access to the Premises to facilitate planning and the preparation of plans and specification for the intended construction of the Center. Section 4.3. City Use Pending Construction. City shall have full control of the Premises until construction commences. ARTICLE V CONDITION OF THE PARK AND ITS PREMISES FCNP has previously inspected the Premises, has been given access to the records related to the Premises, and accepts the premises for FCNP’s use hereunder on an “AS IS, WHERE IS, WITH ALL FAULTS” condition and basis and subject to the existing contracts (if there are any), matters of record and zoning. FCNP acknowledges and agrees that City has not made, does not make, and specifically negates and disclaims any representations, promises, covenants, agreements, guaranties or warranties of any kind or Development Agreement- Page 4 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 character whatsoever, whether express or implied, oral or written, past present or future, as to, concerning or with respect to (a) the value, nature, quality or condition of the Premises, including without limitation, the title, soil and utilities, (b) the income to be derived from the Center, (c) the suitability of the Premises for any and all activities and uses which FCNP may conduct thereon, (d) the compliance of improvements located at the Premises or their operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Premises, (f) the manner or quality of the construction or materials, if any, incorporated into the premises, (g) the manner, quality, state of repair or lack of repair of the Premises, and (h) any other matter with respect to the Premises, and specifically, that City has not made, does not make and specifically disclaims any representations regarding compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including the existence in or on the Premises of hazardous materials. FCNP further acknowledges and agrees that, having been given the opportunity to inspect the Premises, FCNP is relying solely on its own investigation of the Premises and not on any information provided or to be provided by City and agrees to accept the Premises for use and waive all objections or claims against City arising from or related to the Premises or to any hazardous materials on it. FCNP further acknowledges and agrees that any information provided or to be provided with respect to the Premises was obtained from a variety of sources and that City has not made any independent investigation or verification for such information and makes no representations as to the accuracy or completeness of such information. City is not liable for or bound in any manner by any verbal or written statements, representations or information pertaining to the Premises, or the operation thereof, furnished by any real estate broker, agent, employee, servant or other person. The term “hazardous materials” as used in this action shall mean any hazardous materials or hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Texas Hazardous Substances Spill Prevention and Control Act, as amended, the Resource Conservation and Recovery Act of 1976, as amended, and regulations promulgated there under. ARTICLE VI FUNDING OF THE CENTER Section 6.1. Funding Account. FCNP has established an account or accounts at a federally insured depository institution for fund-raising for the design and construction of the Center. Such account(s) shall be established in the name of FCNP. City shall at all times have a right to audit such account(s). Section 6.2. Obligation of FCNP. All construction costs for the Center that FCNP is responsible for must be underwritten through private sources, such as corporations, foundations, and individual contributions with no cost or obligation whatsoever to the City. If at any time operational revenues are insufficient to complete construction of the Center, then FCNP shall supplement these funds from other sources. If FCNP is unable to raise the additional funds from other sources, then City may terminate this Agreement. City acknowledges that FCNP, during Development Agreement- Page 5 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 the Term of this Agreement, has full legal title to all reserve funds, and such funds shall be expended exclusively to satisfy FCNP’s obligation in this Agreement. Section 6.3. Rental Payment to City. FCNP shall pay no rent to the City during the Term of this Agreement. ARTICLE VII DESIGN AND CONSTRUCTION Section 7.1. Design and Construction of the Center. FCNP, at its sole cost and expense, shall undertake, and complete the design, development, and construction of the Center subject to the terms of this Agreement. In this regard, FCNP hereby agrees to enter into (in its own name) and perform all contracts necessary to fully complete the Center pursuant to the Development Plan. All FCNP contracts relating to the design, development, and construction of the Center shall: (i) contain language subordinating and subjecting such contract to the terms of this Agreement and exculpating the City from any obligations and liability there under, (ii) if applicable, contain insurance requirements for coverage’s and limits not less than those which are customarily required by the City of its like contractors, naming the City and its officers and employees as additional insured’s and requiring that Contract provide the City with a Standard Certificate of Insurance Coverage and the endorsement page(s), listing the City as an Additional Insured, (iii) indemnify the City and its officers, agents and employees against any claims, claims, costs or liabilities there under, and (iv) if applicable, contain contractor qualification requirements sufficiently broad so as not to exclude minority contractors as a class, and general contract specifications sufficiently broad so as not to favor a single contractor. City shall have no liability for any claims that may arise out of design or construction of the Center and FCNP shall cause all of its contractors, consultants, and subcontractors to agree in writing that they will look solely to FCNP, not to City, for payment of all costs and valid claims associated with construction of the Center. Furthermore, Director has a right to review and approve the selection of any design consultants, contractors, and subcontractors used by FCNP to carry out the work pursuant to this Agreement, which approval shall not be unreasonably withheld. In addition to the Director reviewing construction documents, FCNP shall involve the Director in the design planning process of the Center. All design development documents shall be reviewed and approved by the Director before the preparation of construction document plans and specifications commences. Furthermore, FCNP must hire qualified, experienced design consultant, contractors, and subcontractors to perform the work. Within thirty (30) days after receipt of information relating to the contractors and subcontractors, Director may, in writing, either approve or disapprove the selected contractor or subcontractor. Section 7.2. Review of Construction Documents. All construction plans and specifications for the construction of the Center must be reviewed and approved in writing by the Director, prior to commencement of any work. All design and construction shall conform with all applicable City codes, ordinances, regulations, design criteria, building standards and specifications. All revisions to approved plans and specifications shall be submitted to the Director for prior written approval. Development Agreement- Page 6 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 a) City’s review of any plans or specifications is solely for City’s own purposes, and City does not make any representation or warranty concerning the appropriateness of any such plans or specifications for any purpose. City’s approval of (or failure to disapprove) any such plans and specifications shall not render City liable for same, and FCNP assumes and shall be responsible for any and all claims arising out of or from the use of such plans and specifications. b) Within thirty (30) days after receipt of plans and specifications for approval, Director shall, in writing, either approve or disapprove the plans and specifications or inform FCNP of the additional time required to complete the review thereof. c) Director’s review of any plans or specifications is solely for City’s own purposes, and City does not make any representation or warranty concerning the appropriateness of any such plans or specifications for any purpose. Director’s approval of (or failure to disapprove) any such plans and specifications shall not render City liable for same, and FCNP assumes and shall be responsible for any and all claims arising out of or from the use of such plans and specifications. Section 7.3. Construction Documents Provided to Director. a) FCNP shall provide at least three (3) sets of construction documents to the Director on or before the date of distribution of the documents to potential contractors. The construction general conditions utilized by FCNP to govern construction of the Center shall be at a minimum equivalent to the City of Coppell’s General Conditions. FCNP shall provide the Director with a set of approved reproducible drawings prior to commencement of construction of the portion of the Premises covered thereby, signed and sealed by one or more registered professional architects or engineers licensed in the State of Texas, and approved by the construction manager. Any material changes to the final plans and specifications shall require prior written approval of the Director. FCNP shall also furnish the Director with complete as-built drawings within sixty (60) days after construction is complete. b) The Drawings, Specifications and other documents prepared by FCNP for this project are for use solely with respect to this project and City shall be deemed to retain ownership of these documents. FCNP shall be permitted to retain copies, including reproducible copies, of the Drawings, Specifications and other documents for information and reference in connection with FCNP’s use of the Center. Section 7.4. Permits and Other Approvals. FCNP shall acquire, as required by applicable laws, ordinances, or regulations and at its sole cost and expense, all building permits, certificates of occupancy, and other permits, licenses, permissions, consents, and approvals required to be obtained from government agencies or third parties in connection with construction, occupancy and uses of any improvements, and any repairs, replacements or renovations to the Premises. FCNP shall furnish Director evidence thereof. City will endeavor to waive its usual permit fees in connection with construction involving the Center when such waiver is allowed by its Development Agreement- Page 7 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 Development Code; provided, however, nothing herein shall obligate or bind future city councils to so act. Section 7.5. City Required Bonds and Insurance during Construction. All construction contracts entered into between FCNP and its contractor(s) (except for projects where the total expenditure will be $25,000 or less) involving the Premises shall require performance, payment and maintenance bonds and minimum insurance requirements (including All-Risk Builders Risk Insurance) in the form and amounts normally required by City for construction projects of this magnitude. Each performance and payment bond shall name FCNP and City as joint obliges. The form of the bonds shall be as approved by the City Attorney for the City and be issued in accordance with Chapter 22.33 Texas Government Code, as amended by a corporate surety or sureties licensed to issue surety bonds in the State of Texas, authorized to do insurance business in the State of Texas listed on the United States Treasury List of Sureties Authorized to Issue Bonds for Feral jobs and otherwise acceptable to City. The bonds shall be maintained during the full term of the construction contract. For portions of the project where the total expenditure will be $25,000 or less, FCNP agrees that it will not pay any construction contractor until final completion of the work and receipt of releases or waivers of liens from the construction contractor and any subcontractors used. In addition, the contracts shall also require the contractor(s) to name City and FCNP their respective officers, agents and employees, and such other parties as additional insured and as indemnities under the indemnification, defense and hold harmless provisions of the construction contracts, in a form approved by the City. The contractor(s) shall also be required to name City and FCNP, their respective officers, agents and employees, as additional insured’s on all liability insurance policies required for the Premises. Lastly, FCNP agrees to require its construction contractor on any improvement project under this Section to provide, at a minimum, the insurance required as described in City of Coppell’s General Conditions. FCNP acknowledges receipt of a copy of the City of Coppell’s General Conditions that are used for similar facilities. Section 7.6. Conditions to Commencing Construction. Commencing construction by FCNP is strictly conditioned upon the following: a) Approval of the Development Plan by the Director and City Council; b) Approval of all plans and specifications for construction of the Center by the Director; c) FCNP obtaining all applicable building permits, zoning and other approvals required by the City or any other entity with jurisdiction for the construction of the Center; d) FCNP providing the Director with proof of the commitment of sufficient financing and financial resources to insure that upon commencement of the construction, the Center and all related work shall be completed in accordance with the plans and specification within the time allotted. This obligation may be satisfied by FCNP providing payment and performance bonds in a form acceptable to the Director and the City Attorney and in an amount not less than the approved construction budget; e) FCNP providing City with copies of all construction contracts; Development Agreement- Page 8 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 f) FCNP providing certificates, policies or other proof of the required insurance; and g) FCNP providing lien waivers from general contractors. Section 7.7. Project Construction. Subject to all laws and regulations, and in accordance with the approved Development Plan and plans and specifications, FCNP shall be responsible for all material, labor, facilities, furniture fixtures and equipment, landscaping, signage, and any other activities necessary to begin and fully complete the construction of the Center. All work shall be performed in a good and workmanlike manner. FCNP shall be financially responsible for acquiring any new utility service or increased capacity of existing utility services that may be needed for operation of the Center. Section 7.8. City Right to Observe and Inspect. City shall have the right (but not the obligation) to observe and inspect all work performed by any contractor(s). City inspection of the job site shall be coordinated with FCNP’s contractor(s), construction manager, and engineer. City shall perform such inspections in an expeditious manner calculated to minimize inconvenience and delay. During construction, FCNP’s construction manager or engineer shall be accessible to City at all times and shall provide sufficient on-site representatives, construction administrators and/or inspectors to assure that the project will be completed in accordance with the approved plans and specifications. The Director shall be entitled to receive notice of and attend all construction meetings, at which a representative of FCNP shall be present, and shall be provided with copies of minutes by FCNP’s engineer or construction manager regardless of Director’s presence. Section 7.9. Access. FCNP shall not interfere with public access to the other park amenities abutting the Premises at any time during FCNP’s construction activities. Section 7.10. Vehicular and Pedestrian Access. FCNP shall require its construction manager and contractors to be responsible for maintaining reasonable vehicular and pedestrian access to property and buildings on and abutting City’s right-of-way at all times during FCNP’s construction activities. Section 7.11. Staging Area. If necessary and requested by FCNP, City shall provide to FCNP or its contractors, to extent reasonably available, a staging area for use by FCNP’s contractors for storage of construction supplies and equipment at a location that shall be mutually acceptable to City and FCNP. FCNP agrees to maintain the staging area and agrees that upon completion of all construction activities, the staging area shall be returned to its original use in an equal or better condition than when originally entered onto. City shall not be required to incur any cost or expense in providing the staging area. Section 7.12. Site Security and Securing Construction Materials. FCNP and its construction manager, contractors and subcontractors hall be solely responsible for construction site security and securing all construction tools, equipment, supplies and materials when left on City property, including, but not limited to, any staging areas. Development Agreement- Page 9 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 Section 7.13. Construction Facility Changes. All material Facility changes that affect the Premises or any City facilities shall be submitted for written approval in advance to the Director. Section 7.14. Construction and Materials Testing. Any construction and materials testing, as agreed to by City and FCNP, shall be performed by certified independent laboratories under contract to FCNP or its construction manager. FCNP shall furnish City with certified copies of the results of all tests. FCNP shall have the right to submit to City a list of certified independent laboratories for advance approval by City, and City agrees to notify FCNP promptly whether any laboratories on this list are not approved. Section 7.15. Repair – Restoration of Properties. During construction, FCNP shall be responsible for obtaining timely repair, replacement, or correction of all damage to any property or facilities of City or any other entity caused by the negligent acts or omissions or misconduct of FCNP, its engineers, construction manager, contractors, and subcontractors, to City’s reasonable satisfaction. All costs thereof shall be borne by FCNP or its contractors, and shall not be a charge against the City. If FCNP fails to make timely repair, replacement, or corrections of damage, City may undertake same, but shall not be obligated to so act. The cost of repairs, replacements, or corrections made by the City on account of damage caused by the negligent acts or omissions or misconduct of FCNP, its engineers, construction manager, contractors, and subcontractors, shall be reimbursed to City by FCNP. Section 7.16. Nuisances. FCNP and City recognize the authority of City under its charter and ordinances to exercise its police powers to protect the public health, safety, and welfare. Such powers extend to FCNP or its contractor’s construction activities on City property, and FCNP recognizes City’s authority to take appropriate enforcement action under its charter and ordinances to provide such protection. If City, acting through its appropriate departments and officials, determines that construction in progress should halt in order to protect the public health, safety and welfare, FCNP shall halt the work in progress and, if the threat to the public health, safety, and welfare is the fault of FCNP, FCNP shall promptly resolve the situation. If the threat, to the public health, safety, and welfare is due to the fault of City, City shall promptly resolve the situation. If the threat to public health, safety and welfare is due to the fault of a third party, City may (but is not obligated to) take reasonable steps to resolve the situation or cause such third party to promptly resolve the situation, at the third party expense. Section 7.17. City Inspection upon Substantial Completion. a) FCNP shall perform the work contemplated by this Agreement or cause it to be performed by a good and workmanlike manner and in compliance with all applicable building and zoning codes and other legal requirements. Upon substantial completion of construction, FCNP shall furnish City with a certificate of substantial completion executed by FCNP’s construction manager or engineer for the project in a form and of a substance acceptable to the Director. FCNP shall also furnish to City copies of Certificates of Occupancy or other similar document issued to certify completion of construction in compliance with applicable requirements. b) Notwithstanding the foregoing, the Director may require a walk-through inspection and equipment testing to confirm substantial completion of improvement and construction in Development Agreement- Page 10 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 conformity herewith and FCNP, its construction manager, representatives, and contractor(s) shall attend if requested. If the Center is substantially complete but still has minor punch list items that need to be corrected, FCNP shall cause its construction manager or contractor to promptly complete said items to the Director’s satisfaction. Upon final completion and acceptance of the Center, the construction shall become the property of the City. Section 7.18. Mechanic’s Liens. FCNP agrees that FCNP will not permit any claim of lien made by any mechanic, material man, laborer, or other similar liens to stand against the Premises, the Park, or any City Property in connection with any construction, improvements, maintenance, or repair thereof made by FCNP and any contractor, agent or representative of FCNP. FCNP shall cause any such claim of lien to be fully discharged no later than ten (10) days after the date of filing thereof; provided, however, that in the event FCNP, in good faith, disputes the validity or amount of any such claim of lien, and if FCNP shall give to City such security as City may reasonably require to insure payment thereof and prevent any attempted safe, foreclosure, or forfeiture of the Premises or the Park or any portion thereof by reason of such nonpayment, FCNP shall not be deemed to be in breach of this section so long as FCNP is diligently pursuing a resolution of such dispute with continuity and upon entry of final judgment resolving the dispute, if litigation or arbitration results there from, immediately discharges said lien. Section 7.19. Fee Simple Title to City. The parties acknowledge that fee simple title to the real property, shall automatically vest in City without any further action by either party hereto, free and clear of all items and other encumbrances arising by, through or under FCNP, and FCNP agrees to take no action before, during or after construction that would prejudice City’s clear fee simple title. The parties further acknowledge that, upon completion of the Center, FCNP agrees to transfer one hundred percent (100%) ownership interest in the building, improvements and person property which comprise the Center to the City for the sum of one dollar ($1.00). Section 7.20. Fixtures, Equipment, and Personal Property. a) FCNP may place or install in the Premises such personal property, removable fixtures and equipment, as FCNP shall deem desirable for the operation of the Center. b) Any personal property, removable fixtures, and equipment (“personality”) placed by FCNP on or in the Premises (e.g. computers, microscopes, etc.), shall become part of the real property. Such personality may not be removed by FCNP at any time without prior written approval of the City. All fixtures, equipment, and improvements constructed, installed, or placed upon the Premises shall be deemed to become part of the real property (e.g., desks, chairs, etc.) and shall become the sole and exclusive property of City, free of any and all claims of FCNP or any person or entity claiming by or through FCNP. In the event FCNP obtains approval to remove FCNP’s personality but does not remove FCNP’s personality within ten (10) days following approval by the City, City may treat said personality as abandoned and retain the personality and treat it as part of the Premises. FCNP shall promptly reimburse City for any damage caused to the Premises by the removal of personality whether removal is by FCNP or City. Development Agreement- Page 11 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 Section 7.21. Construction Warranties. FCNP shall formally assign to City all warranties and warranty obligations of the contractor(s) and equipment manufacturers; provided, however, correction of defective work shall not by such assignment become the responsibility of City, but shall remain the responsibility of FCNP and its contractor(s). FCNP shall administer said warranties during the Term of this Agreement and any extension period thereof. FCNP shall also administer a maintenance bond for twenty-four months following completion of the Center. FCNP shall turn over to Director Copies of all building systems, training, and operation and maintenance manuals for the Premises and/or improvements constructed by FCNP. Section 7.22. Damage or Destruction. a) Effect of damage or destruction. Beginning with the commencement of construction in the event of any damage to or destruction of the Premises or any improvements thereon from any cause whatever, FCNP shall promptly give written notice thereof to City. FCNP shall promptly rebuild, repair or restore (hereinafter, called “restore” or “restoration”) the Premises and improvements to its condition immediately prior to such damage or destruction or, if during construction of Premises, to the contemplated, improved or renovated conditions. FCNP’s duty to restore any damage or destruction of the Premises or any improvements thereon shall not be conditioned upon the availability of any insurance proceeds to FCNP from which the cost of restoration may be paid. Any FCNP’s insurance proceeds payable by reason of such damage or destruction shall be paid jointly to FCNP and City and shall be held in trust for the restoration of the Premises in an account acceptable to City provided, however, in the event, FCNP is in default under the terms of this Agreement at the time such damage or destruction occurs, City may elect to terminate this Agreement and City shall thereafter have the right to receive and retain all insurance proceeds payable as a result of such damage or destruction. Insurance proceeds in excess of the cost of such restoration shall be treated as revenue for the Premises. This subsection does not apply to insurance or self- insurance reserves maintained by City. b) Precondition to restoration. Before FCNP commences restoration involving an estimated cost of more than Twenty-Thousand and No/100 Dollars ($20,000.00), plans and specifications for same shall be submitted to Director for approval and FCNP shall furnish to City (1) an estimate of the cost of the proposed work; (2) satisfactory evidence of sufficient contractor’s comprehensive general liability insurance covering the Premises, builder’s risk insurance, and workers’ compensation insurance; (3) a performance and payment bond satisfactory in form and substance to City; and (4) such other security as Director may require to insure completion of or payment for all work free and clear of liens. FCNP shall diligently pursue the restoration in a good and workmanlike manner, using only high quality workers and materials, and in conformity with the plans and specifications and all applicable law, ordinances and codes. c) Failure to rebuild. If the restoration can be completed within one hundred eighty (180) days, and if FCNP (i) fails to begin the restoration of the improvements within a period of ninety (90) days after damage or destruction by fire or otherwise (ii) ceases to do so after commencing, or (iii) fails to complete the same within one hundred eighty (180) Development Agreement- Page 12 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 days from the date of commencement of such restoration, then, in addition to whatever other remedies City may have either under this Agreement, at law or in equity, City shall receive the insurance proceeds, or the balance thereof remaining, as security for the continued performance and observance by FCNP of the FCNP’s covenants and agreements hereunder, or City may terminate this Agreement and then receive said amount as partial liquidated damages resulting from the failure of FCNP to comply with the provisions of this Article. If the restoration cannot be completed within one hundred eighty (180) days, FCNP or City may elect to terminate this Agreement in lieu of FCNP performing said restoration, in which event FCNP shall tender to the City the insurance proceeds of all policies required of it under this Agreement under which claims are being or may be made, plus any additional amount necessary to equal the full cost of repair and/or restoration. If this Agreement is not terminated but FCNP fails to (i) begin the restoration of the improvements within a period of ninety (90) days after damage or destruction by fire or otherwise, (ii) ceases to do so after commencing, or (iii) fails to complete the same within two hundred seventy (270) days from the date of commencement of such restoration, then, in addition to whatever other remedies City may have either under this Agreement, at law or in equity, City shall receive the insurance proceeds, or the balance thereof remaining, as security for the continued performance and observance by FCNP of the FCNP’s covenants and agreements hereunder, or City may terminate this Agreement and then receive said amount as partial liquidated damages resulting from the failure of FCNP to comply with the provisions of this Article. If City and FCNP cannot agree on whether the restoration can be completed within one hundred eighty (180) days after the damage, then FCNP shall pay for an independent architect acceptable to the City, who shall make that determination. d) No obligation of City to repair damages. City shall have no duty or obligation to repair any damage to the Premises during the Term of this Agreement or any extension thereof. Section 7.23. Right of FCNP to Make Changes. At any time and from time to time during the Term of this Agreement, FCNP may make, at FCNP’s sole cost and expense, changes and additions to the Premises or any part thereof so long as such changes and additions are not “material.” For purposes of this section, changes and additions to the Premises are “material” if said change or addition or any series or group of changes or additions (i) involve a cost in excess of Twenty-Five Thousand and No/100 Dollars ($25,000.00) within any twelve (12)-month period, (ii) entail demolition or removal of part of the Center or addition to the Center not contemplated by the Development Plan, or (iii) changes the character of the Premises. Material changes and additions may be made only with the prior written consent of the Director and shall be subject to the Director’s review and approval of the plans and specifications. Section 7.24. Right of City to Make Repairs. City, its agent and employees, shall have the right, at any time and from time to time, to enter the Premises for the purpose of inspection or making any repairs or alterations to the Premises, or any improvements thereon, both interior and exterior, and of every kind of nature which are required of FCNP under the Agreement but which FCNP has failed to perform; and FCNP shall not offer any obstruction, or hindrance to any such repairs or alterations; provided, however, that nothing contained in this paragraph shall be deemed to impose on City any obligation to actually make repairs or alterations. Development Agreement- Page 13 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 Section 7.25. Public Purpose. The Parties understand that the construction of the Center is for a public purpose, and is being built upon public property for the benefit of the citizens of Coppell. Section 7.26. Security Interests. FCNP shall not mortgage, pledge, or otherwise encumber its rights and interests under this Agreement or personality to secure financing. FCNP shall not suffer or permit mortgages or liens or claims of some against the Premises, and shall indemnify, defend and hold harmless City from and against same. ARTICLE VIII ADDITIONAL COVENANTS FCNP agrees that FCNP shall, at its sole cost and expense; a) Design and construct special facilities for handicapped patrons as required by law; b) In the ordinary course of business, make prompt payment to its vendors, concessionaires, consultants, contractors, and similar parties, if nothing herein shall prevent FCNP from contesting and litigating. In good faith, any payment alleged to be due to any such person; and c) Maintain itself in good standing as a Texas non-profit corporation and exempt under the Internal Revenue Code and associated regulations. ARTICLE IX COMPLETION AND OPERATION OF THE CENTER Section 9.1. Ownership of the Center. FCNP acknowledges and agrees, in consideration of the license granted by the City to FCNP for construction of the Center, to transfer ownership of the building and improvements comprising the Center to the City, upon completion thereof, for an amount of one dollar ($1.00). Both parties acknowledge the good and valuable consideration underlying said transaction. Said transfer of ownership shall include not only the building and facilities constituting the Center, but all personal property, improvements and fixtures located within the Center. Section 9.2. City Management and Operation of the Center. From and after the completion of construction, the City shall do all things and take all actions necessary and or appropriate for the operation, maintenance, and management of the Center in accordance with this Agreement. ARTICLE X TERMINATION, DEFAULT AND REMEDIES Development Agreement- Page 14 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 Section 10.1. Termination for Convenience. The Director may, at its option and without prejudice to any other remedy City may be entitled to at law, in equity or elsewhere under this Agreement, terminate this Agreement for convenience sixty (60) days after delivering to FCNP notice in writing of its intention to terminate. Section 10.2. Default by FCNP. A “FCNP Default” shall mean the occurrence of one or more of the following events: a) Failure of FCNP to maintain any of the insurance or bonds provided for herein; b) Failure of FCNP to comply with any other material term, covenant, or provision of this Agreement, and the failure by FCNP to cure or to proceed diligently to cure the failure within thirty (30) days after City notifies FCNP in writing of the failure to comply in accordance with the notice provisions under this Agreement; and c) A receiver or trustee is appointed to take possession of all or substantially all of the assets of FCNP; or if any action is taken or suffered by FCNP pursuant to an insolvency, bankruptcy, or reorganization act; or if FCNP makes a general assignment for the benefit of its creditors; and such appointment, action or assignment continues for a period of sixty (60) days. Any written notice and opportunity to comply/cure provided herein shall not be required of City if the same or a substantially similar event has occurred and been the subject of written notice within the previous twelve (12) months. Section 10.3. Termination and Other Remedies by City upon a FCNP Default. a) Upon the occurrence of a FCNP Default, City may pursue any legal or equitable remedy or remedies, including, without limitation, specific performance, damages, and termination of this Agreement. Termination or non-termination of this Agreement upon a FCNP Default shall not prevent City from pursuing its other remedies. Upon termination by City, City may occupy the Premises, and FCNP shall assign to City any of its contracts and agreements requested by City to be so assigned. FCNP’s contracts and agreements not assumed by City shall terminate immediately upon termination of this Agreement. FCNP does hereby appoint City as its agent and attorney in fact for purpose of effecting said assignment(s), said appointment being coupled with an interest therein. In the event FCNP fails to pay any of the expenses or amounts or perform any obligation specified in this Agreement, City may, but shall not be obligated to do so, pay any such amount or performing any such obligations and the amount so paid and the cost incurred in said performance the shall immediately be due and payable by FCNP to City and shall thereafter bear interest at the rate specified in this Agreement. b) Upon termination of this Agreement for any reason, FCNP shall surrender control and possession of the Premises, and FCNP shall be allowed to remove any personal property within ninety (90) days or any extended date granted by the Director. Title to any Development Agreement- Page 15 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 personal property left in place after ninety (90) days shall pass to City without compensation to FCNP. c) In the event this Agreement is for any reason terminated, or at the expiration of the Term of this Agreement, all of the funds raised and deposited by FCNP in the accounts discussed in Article VI are expressly determined to collectively be City’s property and shall be transferred after payment of FCNP’s expenses to City to be used exclusively for the benefit of the Premises or the Park. Section 10.4. City Default and FCNP’s Remedies. A “City Default” shall mean failing to comply with any material provision of this Agreement within thirty (30) days after written notice of said specific non-compliance and the cure action requested. FCNP’s sole and exclusive remedy for a City Default shall be to terminate the Agreement and receive as liquidated damages an amount equal to the un-depreciated construction costs of the original improvements required of FCNP under this Agreement. The construction costs of the original improvements shall be specified in the Development Plan. The un-depreciated amount shall be based on the remaining portion of the original Term of the Agreement at the time of termination. In no event shall City ever be liable to FCNP for exemplary or punitive damages. ARTICLE XI GENERAL PROVISIONS Section 11.1. Conflict of Interest. The following action of the Charter of the City of Coppell shall be one of the conditions, and a part of, the consideration of this Agreement, to wit: ‘Article 3, Sec. 3.11. CONFLICT OF INTEREST “Conflict of Interest. No member of the City Council, the mayor, or any other officer, whether elected, appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in nature, shall participate in a vote or decision on a matter involving a business entity in which such officer has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity. If the officer or a person related to the officer within the second degree of affinity or consanguinity has a substantial interest in the business entity that would be pecuniary affected by an official action of the City Council, the officer, if a member of the City Council, shall file an affidavit with the city secretary stating the nature and extent of the interest and abstain from further participation in the matter. The terms used in this section shall be as defined in Chapter 171, Local Government Code. (Amended November, 1995)” Section 11.2. Gift to Public Servant. Development Agreement- Page 16 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 a) City may terminate this Agreement immediately if FCNP has offered or agreed to confer any benefit upon a City employee or official that the City employee or official is prohibited by law from accepting. b) For purposes of this section, “benefit” means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whole welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. c) Notwithstanding any other legal remedies, City may require FCNP to remove any employee of FCNP from the Project who has violated the restrictions of this section or any similar state or federal law, and obtain reimbursement for any expenditures made as a result of the improper offer, agreement to confer, or conferring of a benefit to a City employee or official. Section 11.3. Offset. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from FCNP, 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 to City has been reduced to judgment by a court. Section 11.4. Independent contractor. FCNP’s status shall be that of an independent contractor and not an agent, servant, employee, or representative of City in the performance of the Services. FCNP shall exercise independent judgment in performing duties under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the workflow and determining how the work is to be performed. No term or provision of this Agreement or act of FCNP in the performance of this Agreement shall be construed as making FCNP the agent, servant, or employee of City, or making FCNP or any of its employees eligible for the fringe benefits, such as retirement, insurance, and worker’s compensation, which City provides its employees. Section 11.5 INDEMNIFICATION. FCNP AGREES TO DEFEND, INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY FCNP’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR BY ANY NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION OF FCNP, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRING NEGLIGENCE OR FAULT OF FCNP AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE Development Agreement- Page 17 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 LAW OF THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH 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. Section 11.6. Compliance with laws and Regulations. This Agreement is entered into subject to and controlled by the charter and ordinances of the City of Coppell and all applicable laws, rules, and regulations of the State of Texas and the Government of the United States of America. FCNP shall, during the course of performance of this Agreement, comply with all applicable City codes and ordinances, as amended, and all applicable State and Federal laws, rules and regulations, as amended. Section 11.7. Assignment by FCNP. FCNP shall not sell, assign, transfer, or convey this Agreement, in whole or in part, without the prior written consent of the City. As an express condition of consent to any assignment, FCNP shall remain liable for completion of the work in the event of default by the successor contractor or assignee. Section 11.8. Nondiscrimination. As a condition of this Agreement, FCNP covenants that FCNP will take all necessary actions to insure that, in connection with any operations under this Agreement, FCNP, its officers, employees and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, or, religion, national origin, age, sex, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. FCNP hall also comply with all applicable requirements of the Americans with Disabilities Act 42 U.S.C.A. §§12101-12213, as amended. In this regard, FCNP shall keep, retain and safeguard all records relating to this Agreement or work performed hereunder for a minimum period of three (3) years from final Agreement completion, with full access allowed to authorized representatives of City, upon request, for purposes of evaluating compliance with this and other provisions of the Agreement. Section 11.9. Venue. All obligations of the parties under the terms of this Agreement reasonably susceptible of being paid or performed in Dallas County, Texas, shall be payable and performable in Dallas County, Texas, and venue for any legal actions arising out of this Agreement shall be exclusively in Dallas County, Texas. Section 11.10. Texas Law. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Section 11.11. Captions. The captions, section numbers, article numbers, and table of contents appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Agreement, nor in any way affect this Agreement. Section 11.12. Notices. Any notice, payment, statement, or demand required or permitted to be given under this Agreement by either party to the other may be effected by personal delivery in Development Agreement- Page 18 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the address appearing below, but each party may change its address by written notice in accordance with this section Mailed notices shall be deemed communicated as of three (3) days after mailing. Any change in address shall be promptly given in writing to the other party pursuant to this notice provision. The initial addresses for notice are as follows: If to CITY: With a copy to: Brad Reid, Director Robert E. Hager, City Attorney Park and Recreation Nichols, Jackson, Dillard, P.O. BOX 9478 Hager & Smith, L.L.P. Coppell, Texas 75019 500 N. Akard, Suite 1800 Dallas, Texas 75201 If to FCNP: Executive Director Friends of Coppell Nature Park P.O. Box 1363 Coppell, Texas 75019 Section 11.13. Right of Review and Audit. City may review any and all of the services performed by FCNP under this Agreement. City is granted the right to audit, at City’s election, all of FCNP’s records and billings relating to the performance of this Agreement. FCNP agrees to retain such records for a minimum of three (3) years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to City’s rights as may be disclosed by such audit. Section 11.14. Severability. In case 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 any other provision of this Agreement and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. Section 11.15. 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. If this Agreement is executed in counterparts, then it shall become fully executed only as of the execution of the last such counterpart called for by the terms of this Agreement to be executed. Section 11.16. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and, except as otherwise provided in this Agreement, their assigns. Section 11.17. No Implied Waiver. The failure of any party hereto to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power, or Development Agreement- Page 19 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 remedy contained in this Agreement shall not be construed as a waiver or relinquishment thereof for the future. The waiver of redress for any violation of any term, covenant, agreement, or condition contained in this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. No express waiver shall affect any condition other than the one specified in such waiver and that one only for the time and in the manner specifically stated. Section 11.18. Cumulative Remedies. Each right, power, and remedy of City provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The exercise or beginning of the exercise by City of any one or more of the rights, powers, or remedies provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by City of any or all such other rights, powers, or remedies. Section 11.19. Recitals and Attachments. The recitals and attachments to this Agreement are incorporated herein for all purposes as if set out herein verbatim. Section 11.20. Authority. The undersigned officers and/or agents are authorized to execute this contract on behalf of the partied hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. Section 11.22. Entire Agreement. This Agreement (with all referenced Exhibits, attachments, and provisions incorporated by reference) embodies the entire agreement of both parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters set forth in this Agreement. Except as otherwise provided elsewhere in this Contract, this Contract cannot be modified without written supplemental agreement executed by both parties. Signature Page to Follow Development Agreement- Page 20 of 22 Coppell/Friends of Coppell Nature Park ` 55921.2.061312 EXECUTED this _______ day of _____________________, 2012. CITY OF COPPELL, TEXAS By: Clay Phillips,City Manager ATTEST: By: _____________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: By: _____________________________ Robert E. Hager, City Attorney \ EXECUTED this _______ day of _____________________, 2012. FRIENDS OF THE COPPELL NATURE PARK By: Name: Lou Duggan Print Name Title: Executive Director By: Name: Bill Sundermann Print Name Title: President APPROVED AS TO FORM: By: _____________________________ Attorney for FCNP Exhibit A to Development Agreement- Lancaster/FCNP Sports Management, Inc. ` 49465.1.52411 EXHIBIT A PREMISES LOCATED AT COPPELL NATURE PARK WAGON WHEEL PARK, COPPELL, TEXAS [To Be Attached] Exhibit A to Development Agreement- Lancaster/FCNP Sports Management, Inc. ` 49465.1.52411 EXHIBIT B DEVELOPMENT PLAN PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: August 14, 2012 To: Mayor and City Council From: Brad Reid, Director Re: Consider approval of an Interlocal Cooperation Development Agreement between the City of Coppell and the Coppell Independent School District for the acquisition and construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign Background: The Interlocal Cooperation Development Agreement under consideration creates the structure to allow the Coppell Independent School District to make a contribution of $300,000.00 to the City of Coppell for acquisition of 50% undivided ownership interest in the proposed Biodiversity Center at the Nature Park, for a term of 25 years. The requirements of the City are that the funds be used to construct the building, maintain it once construction has finished and make space available to the District for instructional classes or related activities. City Council Action requested: Approval of an Interlocal Cooperation Development Agreement between the City of Coppell and the Coppell Independent School District for the acquisition and construction of the Biodiversity Center at the Coppell Nature Park, and authorizing the City Manager to sign Staff Recommendation: Approval of this item. MEMORANDUM TO: Coppell City Council FROM: Mario Canizares, Deputy City Manager DATE: August 9, 2012 SUBJECT: Purchase of Property at 265 E. Parkway Boulevard For the past several months, the City Manager’s Office has been negotiating the purchase of the office building located at 265 Parkway Boulevard. The purchase price has been negotiated to a final price of $3,353,926.55. As you know we have been discussing with the City Council the merits of consolidating certain city functions at this property. These functions include moving all of the staff and operations of Planning, Engineering, Fire Administration, Code Enforcement, and Health Inspections. Doing so would allow the development community a one-stop-shop for permitting and development services on the Town Center Campus. In addition it allows other office spaces around city facilities to be better utilized while also forgoing the need to expand the City Service Center or City Hall. Page 1 of 1 TM56738 CONTRACT FOR PURCHASE AND SALE IN LIEU OF EMINENT DOMAIN This Purchase and Sale Agreement (“Agreement”) to buy and sell real property is entered between Seller and Buyer as identified below and is effective on the date set forth in Section (“Effective Date”) of the last of the signatures by Seller and Buyer as parties to this Agreement, acknowledgement by Title Company of receipt of this Agreement. Seller: SCT Parkway Blvd LLC, Management Company: Limited Liability Corporation Christon Company Suzanne Cortney, President Kathy Dickey, Vice President Seller’s Address 22801 Ventura Blvd, Suite 100 4300 Alpha Rd Hollywood Hills, California 91364 Bldg 1, suite 100 Dallas, Texas 75244 Phone: 818-995-3700 Phone: 214-850-7040 Fax: 818-995-3774 Fax: 972-233-1501 Seller’s Attorney Purchaser: City of Coppell 255 East Parkway Blvd. Coppell, Texas 75019 Attn: Clay Phillips, City Manager Phone: (972)-304-3618 Fax: (972)-304-3673 Purchaser’s Attorney Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 Phone: (214)-965-9900 Fax: (214)-965-0100 Property: Lot 1, Block A of the Primrose Addition, an addition to the City of Coppell, Dallas County, Texas. Title Company: Republic Title of Texas Address: 8810 N. MacArthur Blvd. Irving, Texas 75063 Phone Number: 972-401-0222 Inspection Period: The period commencing on the Effective Date and ending twenty (20) days after Page 2 of 2 TM56738 the Effective Date Earnest Money: $63,999.99 [Rental payment for June, July and August] plus triple net lease amount of $10,725.00 Closing Date: 10 days after the Effective Date Purchase Price: $3,353,926.55 RECITALS A. Seller owns certain real property (the “Land”) located in the City of Coppell, Dallas County, Texas, containing 1.4 acres, more or less, in the aggregate, more particularly described in Section 1 of this Agreement. B. On or about July 30, 2012, the Coppell City Council voted to authorize the City Manager to acquire title to the Land in lieu of eminent domain by purchase and to authorize the execution of the Purchase Agreement (herein so-called) by and between the City of Coppell and a Seller. C. In lieu of the eminent domain process, and in settlement and compromise of such acquisition, Seller has agreed to sell and Buyer has agreed to purchase the Land and the Property (defined in Article 1) on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Sale and Purchase. Seller agrees to sell, and Purchaser agrees to purchase the Property as provided in this Agreement for the Purchase Price, which is commonly known as 265 East Parkway Boulevard, Coppell, Dallas County, Texas and more particularly described as Lot 1, Block A of the Primrose Addition, an addition of the City of Coppell, Dallas County, Texas. 2. Title, Survey, and Environmental Reports. (a) Not later than ten (10) days after the Effective Date, Seller shall, at Seller’s expense, deliver to Purchaser: (i) a current commitment for an Owner’s Policy of Title Insurance for the Land from the Title Company, setting forth the state of title to the Property together with any easements or restrictions (existing or created pursuant hereto) benefiting or burdening the Property, together with all exceptions or conditions to such title; (ii) legible copies of all documents referenced in the Title Commitment; Page 3 of 3 TM56738 (iii) any environmental or geotechnical studies or reports that Seller may have in its possession with respect to the Property; and, (iv) tax certificate(s) regarding the payment of ad valorem taxes for current and prior years. (b) Purchaser shall, not later than twenty (20) days after the Effective Date, and at Purchaser’s expense, obtain a survey of the Property and deliver same to Seller. “Survey” means an on- the-ground, staked plat of survey and metes-and-bounds description of the Property, prepared by a Texas Registered Property Land Surveyor or another surveyor satisfactory to Title Company, dated after the Effective Date, and certified to comply with the current standards and specifications as published by the Texas Society of Professional Surveyors required for obtaining deletion of the survey exception in the Title Policy. The Survey shall show the boundaries of the Property and all improvements located thereon. Purchaser and Seller agree that the legal description set forth in the Survey shall be used for the deed and other documents prepared and executed at Closing. The parties agreement that if the survey indicates a difference in the area of the Property than the area set forth in this Agreement, there shall be no adjustment in the Purchase Price. (c) Purchaser shall, not later than ten (10) days after Purchaser’s receipt of the last of the Survey and Title Commitment, notify Seller and Title Company of any objections to the Survey or Title Commitment. If there are objections by Purchaser, Seller shall in good faith attempt to satisfy them prior to Closing, but Seller shall not be required to incur any cost to do so. If Seller delivers written notice to Purchaser not later than the ten (10) calendar day after Seller’s receipt of Purchaser’s objections that Seller is unable to satisfy such objections, the Purchaser may either waive such objections and accept title as Seller is able to convey or terminate this Agreement by written notice to Seller and the Title Company prior to the expiration of the Inspection Period and the Earnest Money shall be refunded to Purchaser. 3. Tenant Leases. The Land shall be conveyed subject to the leases (with any modifications hereafter approved by City, to: office space occupied under existing lease agreements. Buyer has previously had the opportunity to review the Leases and approves its terms and conditions, provided that both parties acknowledge that further negotiation may result in changes to the form of any Lease and any such change which materially adversely affects City’s substantive rights, in its capacity as owner of a portion of the property subject to such Lease, shall be subject to the approval of the City, not to be unreasonably withheld. The Leases (with any subsequently approved modifications) shall be a Permitted Exception for all purposes. Buyer shall acquire the Land subject to, but without assumption of, the Lease. 4. Inspection Period. (a) During the Inspection Period, Purchaser and its agents or employees shall have the right to enter upon the Property during regular business hours upon reasonable notice and conduct such inspections, tests and studies as they may deem necessary. If for any reason Purchaser determines not to purchase the Property, Purchaser may terminate this Agreement by notifying Seller and Title Company in writing prior to the expiration of the Inspection Period. In such event, the Earnest Money paid as rent shall be retained by the Seller and neither party shall have any further claim against the other under this Agreement. If Purchaser does not timely terminate this Agreement under this Section 3, it shall have no further right to do so under this Section 3; and Purchaser shall have waived its right to terminate this Agreement within the Inspection Period and obtain a refund of the Earnest Money. Page 4 of 4 TM56738 (b) Purchaser may enter the Property to conduct its inspection, but shall be solely responsible for any damages caused thereby. Purchaser shall repair any damage to the Property it causes or that is caused by its agents or invitees, and shall indemnify and defend Seller and hold Seller harmless from and against any and all claims, liabilities or damages to the Property or against Seller caused by the intentional or negligent acts or omissions of Purchaser and/or Purchaser’s authorized agents, representatives or employees during the Inspection Period or as a result of any inspection of the Property by such parties. 5. Lease of Purchaser. Parties acknowledge that Purchaser has leased appropriately 12,000 ± square feet of the Land; parties further acknowledge that upon closing as provided herein the Lease by and between the seller and Purchaser shall merge into title and will thereby expire. 6. Closing Date. (a) The closing of the sale of the Property shall occur on the Closing Date at the Title Company, or at such other time as may be agreed in writing by the parties. (b) The purchase price, as recited herein, shall at closing be paid as follows: (i) Purchase Price Less: (a) Credit Earnest money less triple net payment, and; (b) Lender Outstanding Balance including early payment defeasance (ii) Net to Seller. 7. Closing Deliverables. (a) At the closing of the Property, Seller shall deliver to the Title Company: (i) a special warranty deed, in form and substance reasonably acceptable to Seller and Purchaser, conveying good and indefeasible title to Purchaser, free and clear of any and all encumbrances except the Permitted Exceptions, excluding the mineral rights, such mineral rights being reserved by the Seller; (ii) such documents as may be reasonably required by Title Company in order to cause Title Company to issue a Texas owner’s policy of title insurance (or equivalent) in the amount of the Purchase Price, insuring such title to the Purchaser; (iii) any Restriction Agreement duly executed by Seller, if any; and (iii) possession of the Property, free of parties in possession, except those occupying under current lease agreements. (v) Building and maintenance warranties including but not limited to roof, mechanical or interior finish out, if any. Page 5 of 5 TM56738 (b) At the Closing, Purchaser shall deliver to Seller through the Title Company: (i) the Purchase Price; and 8. Taxes. Purchaser understands and acknowledges that the Property is not exempt from the assessment of ad valorem taxes, which status will change upon conveyance of the Property to Purchaser. Seller shall not be responsible for payment of property taxes assessed against the Property for periods after the date of Closing, if any become due and payable. 9. Closing Costs. (a) Seller hereby agrees to pay and be responsible for the following closing cost with respect to the closing of the Property: (i) the cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property; (ii) Seller’s share of Title Company’s escrow fees; (iii) the basic premium for the Owner’s Policy of Title Insurance; (iv) all costs and expenses incurred by or on behalf of the Seller, including Seller’s attorney’s fees; and (v) such other incidental costs and fees customarily paid by sellers of real property in Dallas County, Texas, for transactions of a similar nature to the transaction contemplated herein. (b) Purchaser hereby agrees to pay and be responsible for the following closing cost with respect to the closing on the purchase of the Property: (i) all fees and premiums for any endorsements to the Basic Owner’s Title Policy; (ii) all fees and costs for the Survey; (iii) all costs and expenses incurred by or on behalf of the Purchaser, including Purchaser’s attorneys’ fees; (iv) all premiums and fees for optional riders and amendments to the Basic Owner’s Title Policy. (v) such other incidental costs and fees customarily paid by purchasers of property in Dallas County, Texas, for transactions of a similar nature to the transaction contemplated herein. 10. Conditions to Closing. Page 6 of 6 TM56738 Closing on the sale of the Property shall be conditioned upon: (i) Seller having delivering marketable title and/or Owner’s Policy of Title issuance; and (ii) Delivery of special warranty deed. (iii) Release of any lien or encumbrance, lis pendens or other title impediment. If the conditions set forth in (ii) has not been satisfied on or before ten (10) days prior to Closing, the Closing Date shall be extended for a period of thirty (30) days. If the conditions set forth in (ii) has still not been approved by the end of said thirty (30) day period, Purchaser may either (1) extend the Closing Date for an additional thirty (30) day period, (2) waive the condition and proceed to Closing, or (3) terminate this Agreement and rental agreement. 11. Permitted Exceptions. Purchaser acknowledges and agrees that the Property will be conveyed by Seller at closing subject to the Special Warranty Deed and any acceptable restrictions therein. The (i) zoning, (ii) lien for current taxes, (iii) environmental condition, (iv) matters appearing on Schedule B of the Title Commitment that were not cured and to which Purchaser failed to object or otherwise waived objection shall be deemed to be Permitted Exceptions. 12. Representations and Covenants. Seller represents and covenants that: (a) it has authority to enter into this Agreement; and (b) no other person has any interests in or claims against the Property (other than as reflected by the Title Commitment), and it will not hereafter encumber the Property. Purchaser represents that it has authority to enter into this Agreement. The only representations made by any party concerning the Property and this Agreement are as set out in this Agreement. 13. Condition of Property Sold As Is. (a) Purchaser represents that as of the Closing Date that it: (i) will have fully inspected the Property; and (ii) will have made all investigations as it deems necessary or appropriate and will be relying solely upon its inspection and investigation of the Property for all purposes whatsoever, including, but not limited to, the determination of the condition of the structures, improvements, soils, subsurface, drainage, surface and groundwater quality, and all other physical characteristics; availability and adequacy of utilities; compliance with governmental laws and regulations; access; encroachments; acreage and other survey matters and the character and suitability of the Property. (b) Purchaser acknowledges and agrees that the Property is being purchased and will be conveyed “AS IS” with all faults and defects, whether patent or latent, as of the Closing, except the Page 7 of 7 TM56738 parties acknowledge that damage occurred as a result of severe weather on April 3, 2012, which is the Sellers responsibility, and, that the seller has filed an insurance claim for such damage and the roof is under contract for repair. Seller hereby agrees to assign such claim, contract for repair and warranties to the City at closing and that such damage to the improvements are cured by such assignment at closing. (c) Except with respect to the quality of the title being conveyed by Seller pursuant to this Agreement, Purchaser acknowledges and agrees that Seller has made no representations, warranties, guarantees, statements or information, express or implied, pertaining to the Property, its condition, or any other matters whatsoever, made to or furnished to Purchaser by Seller or any employee or agent of Seller, except as specifically set forth in this Agreement. (d) Purchaser waives, releases and forever discharges Seller, its officers, employees and agents and their respective successors and assigns, collectively referred to as the “Released Parties,” of and from any and all suits, legal or administrative proceedings, claims or demands, actual damages, punitive damages, losses, liabilities, interest, attorney’s fees, expenses of whatever kind in nature, in law or in equity, known or unknown (collectively referred to as “liabilities”), that the Purchaser ever had, now has, or in the future may have, against any of the Released Parties based upon, or arising indirectly or directly out of (i) the condition, status, quality or nature of the Property; and (ii) the existence, presence or conditions of asbestos and any toxic or hazardous material in or under the Property. The Purchaser also agrees to indemnify, defend, and save harmless the Released Parties from and against any and all liabilities that any of the Released Parties may incur or become responsible for, as a result of any claims by any persons or entities whatsoever, including, but not limited to, any governmental authorities, based upon or arising directly or indirectly out of, the matters described in the preceding sentence, but Purchaser’s indemnification will only relate to such claims that first arise during and in connection with Purchaser’s ownership of the Property, to the extent permitted by law. The warranties, representations, agreements, indemnification and release set forth in this Paragraph 11 shall survive closing, and shall be incorporated into the deed. 14. Risk of Loss Seller shall bear the risk of loss if any cause whatsoever until the time of closing. In the event that the improvements and/or the property is substantially damaged or destroyed the Purchaser may terminate this agreement and shall be released from any future obligation to close or pay rent under any prior Lease Agreement. 15. Reservation of Minerals; Waiver of Surface Rights; Water Tower Site. (a) Purchaser agrees that Seller, for itself and its successors and assigns, as their interests may appear, reserves from this conveyance unto Seller all oil, gas and other minerals owned by Seller located in and under and that may be produced from the Property to the extent not reserved by prior grantors; provided, however, Seller, for itself and its successors and assigns agrees to waive all surface rights and other rights of ingress and egress in and to the Property, and agrees that in conducting operations with respect to the exploration for and production, processing, transporting and marketing of oil, gas and other minerals from the Property, that no portion of the surface of the Property will be used, occupied or damaged and that fixtures, equipment, buildings or structures used in connection with the exploitation of the reserved mineral, oil and gas rights, shall not be placed on the surface of the Property. Seller shall not be restricted or prohibited from the pooling or unitization of the portion of the mineral estate owned by Seller with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations will in no manner interfere with the Page 8 of 8 TM56738 surface or subsurface support of any improvements constructed or to be constructed on the Property. The foregoing reservation of minerals and Seller’s waiver of surface rights set forth above shall survive closing be included in substance in the special warranty deed. 16. Remedies. If Purchaser defaults, Seller’s sole remedy shall be to terminate this Agreement and retain the Earnest Money. If Seller defaults, Purchaser’s sole remedy shall be to terminate this Agreement and obtain a refund of the Earnest Money. No termination shall occur pursuant to a default until the non- defaulting party has provided written notice of default not less than ten (10) days prior to the proposed date of termination and the defaulting party has failed to cure the default; provided, however, if all parties have fully performed and all conditions to Closing have been satisfied other than the signing of documents close on the sale of the Property and one party fails to perform such necessary acts to deliver funds and execute documents required for Closing, on the date of Closing, then this Agreement shall terminate one (1) business day after demand is made to the non-performing party and the party continues to fail to close on the transaction, with the Earnest Money being paid to the party ready, willing, and able to close on the sale. 17. Notices. Notices must be in writing and may be hand delivered and/or mailed by certified mail with return receipt requested to the addresses stated above. Notice given by delivery service shall be effective upon receipt at the address of the addressee; notice given by mail shall be effective upon earlier of actual receipt or three (3) days after placing the notice in a receptacle of the United States Postal Service, postage prepaid and properly addressed. In addition, copies of notices shall be provided to the party’s attorney at the addresses indicated above. 18. Term. This Agreement shall be effective on the Effective Date and, except for the provisions of this Agreement that survive termination, shall terminate: (a) on the closing date of the sale of the Property to Purchaser; (b) on the date mutually agreed by the parties; or (c) the date the Agreement is terminated pursuant to Section 13, above. 19. Miscellaneous. This Agreement is subject to the following additional provisions and conditions: (a) Entireties. This Agreement contains the entire agreement of the parties pertaining to the Property. (b) Modifications. This Agreement may only be modified by a written document signed by both parties. Page 9 of 9 TM56738 (c) Assignment. Purchaser may not assign its rights under this Agreement to any entity without the express written consent of Seller; provided, however, that Purchaser may, upon written notice to Seller but without the requirement of prior written consent from Seller, assign this Agreement to an entity in which Purchaser or its principals owns a majority interest or to an entity that is controlled by another entity in which Purchaser or its principals owns a majority interest. (d) Time is of the Essence. Time is of the essence with respect to the performance by the parties of their respective obligations hereunder. (e) Effective Date. The Effective Date of this Agreement shall be the last date on which the authorized representatives of all parties have signed this Agreement. (f) Non-Business Day. If the final date of any period provided herein for the performance of an obligation or for the taking of any action falls on a Saturday, Sunday, federal holiday, or a day on which Seller’s main offices are not open for regular business, then the end of such period shall be extended to the next day that is not one of the foregoing described days. (g) Zoning. Seller assumes no obligation to change the current zoning on the Property. (h) Brokers. The parties represent and warrant that they have not worked with any broker relative to this transaction other than Kathy Dickey, Christon Company, and that the brokerage commission is due and payable upon the Closing under separate agreement. To the extent allowed by law, each party shall indemnify each other from any claim for brokers’ commissions relative to the sale of the property and alleged to be due. Purchaser does represent and disclose that certain of its officers and employees are licensed real estate agents or brokers in the State of Texas. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original for all purposes and constitute one and the same instrument; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. (j) Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (k) Law Governing. This Agreement shall be construed under and in accordance with the laws of the State of Texas; and venue for any action arising from this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. (l) Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive. (Signatures on Following Page) Page 10 of 10 TM56738 SIGNED AND AGREED this the _______ day of ___________, 2012. By: ______________________________________ SIGNED AND AGREED this the ________ day of ___________, 2012. By: _______________________________ RECEIPT OF CONTRACT Title Company acknowledges receipt of a copy of this Agreement executed by both Seller and Purchaser on the ___ day of _______________________, 2012. By:______________________________________ Name:___________________________________ Title:____________________________________ RESOLUTION NO. _______ RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF A PROJECTS WHEREAS, the City of Coppell, Texas (the "Issuer") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit A hereto (the "Projects") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Obligations") to finance the Projects; WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. The Issuer reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $4,000,000 for the purpose of paying the costs of the Projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Section 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. Section 5. This Resolution shall be effective immediately upon adoption. DULY PASSED by the City Council of the City of Coppell, Texas, this the __ day of ____, 2012. APPROVED: KAREN SELBO HUNT, MAYOR [CITY SEAL] ATTEST: CHRISTEL PETTINOS, CITY SECRETARY Exhibit A Acquiring approximately 1.4 acres of land and a building located at 265 Parkway Boulevard, adjacent to and east of the Town Center, and constructing, installing and equipping renovations and improvements to the building to provide City offices, including related parking, landscaping and utility relocation, and constructing, installing and equipping renovations and improvements to the Town Center building.