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CP 2013-06-11
City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, June 11, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 11, 2013, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding Economic Development prospects north of Bethel and west of Freeport Parkway. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. B.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. 3.Work Session (Open to the Public) 1st Floor Conference Room Page 1 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda A.Discussion regarding Library Kiosks. B.Discussion regarding Board and Commission Appointments. C.Discussion of Agenda Items. Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Consider approval of a proclamation naming June 23, 2013 as Coppell Rotary Club Day and authorizing the Mayor to sign. Proclamation - Coppell Rotary Club Day.pdfAttachments: 7.Coppell Citizens’ Fire Academy Class of 2013 Graduate Recognition. Staff Memo-2013 CFA Graduates.pdfAttachments: 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of minutes: May 28, 2013. Minutes.pdfAttachments: B.Consider approval of a License Agreement between the City of Coppell and the Main Street Coppell Property Owners Association, Inc. to install and maintain landscaping and irrigation within City of Coppell property; and authorizing the City Manager to sign all necessary documents. License Agreement Memo.pdf Landscape License Agreement.pdf License Agreement Location Map.pdf Attachments: C.Consider approval of accepting the resignation of Linda Scott from the Park Board and appointing Maureen Corcoran to fill the unexpired term. PK Board Resignation.pdfAttachments: D.Consider approval of accepting the resignation of Craig Pritzlaff from the Planning and Zoning Commission. P&Z Resignation.pdfAttachments: E.Consider approval of an Ordinance for Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change from PD-91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7), to allow a seven and one-half foot encroachment over the required 30-foot Page 2 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda front building setback line at 616 Villawood Lane and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A - Legal Description.pdf Exhibit B - Site Plan and Elevation.pdf Attachments: F.Consider approval of a six month extension to the expiration date of June 12, 2013, for the GTE Shared Services Addition, Lots 1R1A-R, Block 1, Replat, being a replat of Lot 1R1A of the GTE Shared Services Addition, to establish a fire lane and utility easements to support the development of 67,000-square-foot office/showroom/warehouse building on Lot 1R1A-R on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. Cover Memo.pdf Letter from Keith Hermes.pdf Approved Site Plan.pdf Approved Replat.pdf Attachments: G.Consider approval of a three-month extension to the expiration date of July 9, 2013, for The Villas of Southwestern, Final Plat, a final plat to subdivide 3.87 acres of property for the development of seven (7) single-family lots and two (2) common area lots on land located north of Southwestern Boulevard, 1,060 feet west of Howell Street. Cover Memo.pdf Letter from Ramana Juvvadi.pdf Approved Final Plat.pdf Attachments: H.Consider approval of a six-month extension to the expiration date of June 12, 2013, for the Petterson Addition, Lots 1R-7R & 1XR-2XR, Block A, Replat, being a replat to establish seven (7) single-family lots, two (2) common area lots and easements on 2.27 acres of property located along the north side of West Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Cover Memo.pdf Petterson Extention Letter.pdf Approved Replat.pdf Attachments: I.Consider approval of an Ordinance to implement the Rate Review Mechanism (RRM) process for Atmos Energy Corp., Mid-Tex Division, as a substitute for the legislatively-constructed Gas Reliability Infrastructure Program (GRIP) ratemaking mechanism; and authorizing the Mayor to sign. Agenda item memo June 11 2013.pdf Atmos Gas RRM-5 Ordinance.pdf Attachments: Page 3 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda Atmos Gas RRM-5 Ordinance Attach A.pdf End of Consent Agenda 10.PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S.H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. Cover Memo.pdf Postpone Request Letter Appeal Letter.pdf Staff Report.pdf PD-Conditions.pdf Zoning Exhibit and Site Plan.pdf Screening Wall and Fence Details.pdf Landscape Plan (2 pages).pdf Attachments: 11.PUBLIC HEARING: Consider approval of Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change request from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road. Cover Memo.pdf Staff Report.pdf Color Rendering.pdf Site Plan.pdf Landscape Plan (2 Pages).pdf Elevations.pdf Attachments: 12.Consider approval of the Old Town Coppell Deli Addition, Lot 1, Block A, Minor Plat, to allow the construction of a 1,995-square-foot restaurant/convenience store with a 850-square-foot patio located on 9,481 square feet of property located at 449 W. Bethel Road. Cover Memo.pdf Staff Report.pdf Attachments: Page 4 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda Plat.pdf 13.PUBLIC HEARING: Consider approval of Case No. PD-108R11-H, Old Town (Main Street), Phase II, a zoning change request from PD-108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development-108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center. Cover Memo Staff Report.pdf Site Plan (3 Pages).pdf Landscape Plan (3 Pages).pdf Tree Survey.pdf Typical Elevations (4 Pages).pdf Attachments: 14.PUBLIC HEARING: Consider approval of the Old Town (Main Street) Phase II, Replat, being a replat of Lots 1-5, Block A, Villages of Old Coppell and a portion of Lot 1, Block A, Grapevine Springs Community Center into 64 residential lots and four common area lots on 8.64 acres of property located at the northeast corner of South Coppell Road and the drive leading to the Service Center. Cover Memo Staff Report.pdf Replat.pdf Attachments: 15.PUBLIC HEARING: Consider approval of Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change request from PD-149-SF-7 (Planned Development-149-Single Family-7) to PD-149R2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive. Cover Memo.pdf Staff Report.pdf Site Plan Amendment Exhibit.pdf Attachments: 16.Consider approval of the Belmont Landing, Preliminary Plat, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Cover Memo Staff Report.pdf Attachments: Page 5 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda Preliminary Plat.pdf 17.Consider granting the Planning & Zoning Commission authority for final plat approval of Belmont Landing, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Cover Memo.pdfAttachments: 18.PUBLIC HEARING: Consider approval of Case No. PD-264-RBN-5, Easthaven, a zoning change request from R (Retail) to PD-264-RBN-5 (Planned Development 264-RBN5-Residential Urban Neighborhood) to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Cover Memo.pdf Staff Report.pdf Section of Buffer Area.pdf Survey of Exisitng Trees to be Retained Within Buffer Area.pdf Zoning Exhibit, Detail Plan.pdf Tree Survey.pdf Landscape Plan.pdf Color Rendering of Detail Plan and Entry Features.pdf Detailed Tree List (72 pages).pdf Attachments: 19.Consider approval of the Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Cover Memo.pdf Staff Report.pdf Preliminary Plat.pdf Attachments: 20.Consider granting the Planning & Zoning Commission authority for Final Plat approval of Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Cover Memo.pdfAttachments: 21.PUBLIC HEARING: Consider approval of Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change request from PD-240R4-HC (Planned Development-240 Revision 4-Highway Page 6 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road. Cover Memo.pdf Staff Report.pdf Concept Plan.pdf Detail Site Plan.pdf Landscape Plan.pdf Elevations (2 Pages).pdf Floor Plan.pdf Typical Signage.pdf Attachments: 22.Consider approval of the North Gateway Plaza, Lot 7R, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 6,542 square-foot restaurant, with a 964-square-foot patio and 2,500 square foot of retail uses on 1.88 acres of property located at 775 North Denton Tap Road. Cover Memo.pdf Staff Report.pdf Final Plat (2 Pages).pdf Attachments: 23.CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Cover Memo.pdf Request to Postpone to Aug 13th .pdf Staff Report.pdf Traffic Mgmt Plan.pdf Site Plan.pdf Landscape Plan and Detail Sheet.pdf Tree Survey.pdf Elevations.pdf Sign Package.PDF Attachments: 24.PUBLIC HEARING: Consider approval of the Vista Point II, Lot 6R, Block A, Replat, being a Page 7 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 25.PUBLIC HEARING: Consider approval of the Gateway Business Park II, Lot 1R, Block B, - BMSC/Naterra Corp. Headquarters, Replat, to establish setback lines and necessary easements to allow the construction of a 317,212-square-foot, two-story office/warehouse/manufacturing building on 18.4 acres of property located at the southeast corner of Freeport Parkway and Wrangler Drive. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 26.Consider approval of settlement and release agreement(s) by and between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Resolution.pdf Exhibits.pdf Attachments: 27.Consider approval of a surface use agreement by and between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Resolution.pdf Surface Use Agreement.pdf Attachments: 28.Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Arosh, LLC, and authorizing the Mayor to sign. Resolution Memo.pdf Resolution.pdf Tax Abatement Agreement.pdf Attachments: 29.Consider approval of an Civic Center Agreement by and between the City of Coppell and Arosh, LLC, and authorizing the City Manager to sign. Civic Center Agreement Memo.pdf Civic Center Agreement.pdf Attachments: 30.Consider approval of a Resolution approving the terms and conditions of Page 8 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda the Interlocal Government Agreement between The Town of Addison, The City of Carrollton, The City of Farmers Branch and The City of Coppell to participate in the Metrocrest Quad Cities Public Safety Radio System, authorizing the Mayor to sign; and, to authorize the City Manager to fund $3,186,366, plus a ten percent (10%) contingency to purchase the P25 Trunked Radio System, installation and related accessories for the Metrocrest Quad Cities Public Safety Radio System; and authorizing the City Manager to execute any and all appropriate purchase order(s), change order(s) and/or related documents. Cover Memo.pdf Interlocal Agreement.pdf Resolution.pdf Attachments: 31.Consider appointments to Council Committees. Council Committees.pdfAttachments: 32.City Manager Reports Project Updates and Future Agendas. 33.Mayor and Council Reports A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding Spirit of Coppell 2013. 34.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 35.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 36.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 9 City of Coppell, Texas Printed on 12/28/2017 June 11, 2013City Council Meeting Agenda PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals makes requests for these services forty-eight (48) hours ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 10 City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1109 File ID: Type: Status: 2013-1109 Agenda Item Executive Session 1Version: Reference: In Control: Administration 05/30/2013File Created: 06/11/2013Final Action: Exec Session - eco dev prospects n of Bethel, w of Freeport File Name: Title: Discussion regarding Economic Development prospects north of Bethel and west of Freeport Parkway. Notes: Agenda Date: 06/11/2013 Agenda Number: A. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 06/11/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1109 Title Discussion regarding Economic Development prospects north of Bethel and west of Freeport Parkway. Summary Goal Icon: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1109) Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1125 File ID: Type: Status: 2013-1125 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 06/05/2013File Created: 06/11/2013Final Action: Executive SessionFile Name: Title: Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Notes: Agenda Date: 06/11/2013 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 06/11/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1125 Title Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1125) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1117 File ID: Type: Status: 2013-1117 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: Work SessionFile Name: Title: A.Discussion regarding Library Kiosks. B.Discussion regarding Board and Commission Appointments. C.Discussion of Agenda Items. Notes: Agenda Date: 06/11/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented in Work Session 06/11/2013City Council Presented in Work Session Action Text: Text of Legislative File 2013-1117 Title A.Discussion regarding Library Kiosks. B.Discussion regarding Board and Commission Appointments. C.Discussion of Agenda Items. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1117) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1113 File ID: Type: Status: 2013-1113 Agenda Item Passed 1Version: Reference: In Control: Administration 06/03/2013File Created: 06/11/2013Final Action: Proclamation - Rotary Club DayFile Name: Title: Consider approval of a proclamation naming June 23, 2013 as Coppell Rotary Club Day and authorizing the Mayor to sign. Notes: Agenda Date: 06/11/2013 Agenda Number: 6. Sponsors: Enactment Date: Proclamation - Coppell Rotary Club Day.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Mayor Hunt read the proclamation for the record and presented the same to several members of the Coppell Rotary Club. A motion was made by Councilmember Wes Mays, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1113 Title Consider approval of a proclamation naming June 23, 2013 as Coppell Rotary Club Day and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1113) Staff Recommendation: Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, Coppell Rotary Club, founded on June 23rd 1983, celebrates 30 years of continuous community service to Coppell ; and WHEREAS, Coppell Rotary Club has contributed to the following community projects: Pavilion, picnic tables, and entrance sign at Andrew Brown Park Bridge, grill, and picnic tables at Bethel School Park Coppell Founders Day / Coppell Celebrates / Coppell Fun Fest City of Coppell Entrance Sign South on Beltline Sponsor of Kid Country and Coppell Nature Park Fisher House meals and gardening project WHEREAS, Coppell Rotary Club has contributed to the following local school projects: Local school supply drive CISD Education Foundation sponsor Valley Ranch Elementary Garden of the Stars Students of the Season Rotary Youth Leadership Award Camp and several thousand-dollar scholarships to high school seniors Sponsor of Interact Club at Coppell High School and New Tech High School; and WHEREAS, Coppell Rotary Club also participates in many international projects; and WHEREAS, Coppell Rotary Club sponsors the Community Flag Program that delivers patriotism to residents in Coppell , a project that is also a fundraiser for various youth organizations including Boy Scouts, C oppell High School Interact Club, Coppell High School Colorguard, and Coppell High School band. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby recognize the Coppell Rotary Club for its years of continuous service and dedication to the community and hereby proclaim June 23, 2013, as Coppell Rotary Club Day. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this day of June 2013. ____________________________ Karen Selbo Hunt, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1067 File ID: Type: Status: 2013-1067 Presentation Presented 1Version: Reference: In Control: Fire 05/16/2013File Created: 06/11/2013Final Action: Citizens Fire Academy GraduationFile Name: Title: Coppell Citizens’ Fire Academy Class of 2013 Graduate Recognition. Notes: Agenda Date: 06/11/2013 Agenda Number: 7. Sponsors: Enactment Date: Staff Memo-2013 CFA Graduates.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented06/11/2013City Council Presented Fire Chief Kevin Richardson, Assistant Fire Marshall David Malone and David Green, Firefighter/Paramedic, recognized the Coppell Fire Academy Graduates Class of 2013. Action Text: Text of Legislative File 2013-1067 Title Coppell Citizens’ Fire Academy Class of 2013 Graduate Recognition. Summary The Coppell Fire Department has conducted its third Citizens’ Fire Academy and would like to recognize the graduates on June 11, 2013 City Council meeting. 1.Hazel Riley 2.Eligio Betancourt 3.Bob Huffer 4.Charles Eveler 5.Gregory Frnka 6.Lourdes Garcia-Bulger 7.Robert Johnson 8.Richard Rogers Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1067) 9.Diane Williams 10.Mike Grossman Fiscal Impact: There is no fiscal impact of this item. Staff Recommendation: Fire Department recommends approval. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Reference 2030: Introduct The Copp like to reco Analysis: I am proud would like 1. Ha 2. Eli 3. Bo 4. Ch 5. Gre 6. Lo 7. Ro 8. Ric 9. Dia 10. Mi The six-w details on Mayor Fire Ch June 11 e: A pres Academ Sense o ion: ell Fire Dep ognize the g d to announc e to recogniz azel Riley igio Betanco ob Huffer harles Eveler egory Frnka urdes Garcia obert Johnson chard Roger ane William ike Grossma eek academy a multitude and City Co hief, Kevin R 1, 2013 sentation re my Class #3. of Communi partment has raduates on ce the third C ze the follow ourt r a a-Bulger n s ms an y provided i e of services MEM ouncil Richardson cognizing t . ty and Speci s conducted June 11, 201 Coppell Fire wing ten grad insight to th s. The progr 1 MORANDU the graduate ial Place to L its third Co 13 City Cou e Departmen duates. he inner work ram covered UM es of the 2 Live oppell Citize uncil meeting nt Citizens’ F kings of the d an “all haz 2013 Copp ens’ Fire Ac g. Fire Academ e Coppell Fir zards” appro ell Citizens cademy and my is comple re Departme oach to eme s’ Fire would ete and ent and rgency 2 preparation and mitigation and included topics such as; home fire and safety inspections, proper use of fire extinguishers, CPR and First Aid certification, disaster preparedness, basic rescue concepts, fundamentals of firefighting operations, and much more. Highlights of the course included the opportunity to ride-along on emergency calls and actual firefighting exercises at Garland’s burn facility. Thank you for supporting our prevention and education efforts. We look forward to continuing this program in an effort towards our overall goal of protecting lives and property. Legal Review: Agenda item did not require legal review. Fiscal Impact: There is no fiscal impact of this item. Recommendation: The Fire Department recommends approval. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1114 File ID: Type: Status: 2013-1114 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: MinutesFile Name: Title: Consider approval of minutes: May 28, 2013. Notes: Agenda Date: 06/11/2013 Agenda Number: A. Sponsors: Enactment Date: Minutes.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1114 Title Consider approval of minutes: May 28, 2013. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1114) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 6:00 PM Council ChambersTuesday, May 28, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;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, May 28, 2013, at 6:00 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 6:14 p.m. Councilmembers Bob Mahalik and Aaron Duncan arrived prior to convening into Executive Session. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.071, Texas Government Code - Consultation with City Attorney. A.Seek legal advice regarding property south of Sandy Lake and east of MacArthur. Discussed under Executive Session Page 1City of Coppell, Texas May 28, 2013City Council Minutes B.Erik Hanley v. City of Coppell, Texas; Cause No. JS13-000254A, Justice of the Peace, Precinct 3-1 of Dallas County, Texas. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. C.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:45 p.m. and convened into the Work Session. A.Discussion regarding City of Coppell’s 2013 West Nile Virus Plan. B.Discussion regarding Council Committee Appointments . C.Discussion of Agenda Items. Presented in Work Session Regular Session Mayor Hunt adjourned the Work Session at 7:20 p.m. and opened the Regular Session. Invocation 7:30 p.m.4. Mayor Pro Tem Faught gave the Invocation. Pledge of Allegiance5. Mayor Hunt led those present in the Pledge of Allegiance. 6.Consider approval of a proclamation naming Tuesday , May 28, as Coppell Cowboy Appreciation Day , and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to Coach Chad Rakestraw and the Coppell High School's Boys Soccer Team. A motion was made by Councilmember Wes Mays, seconded by Councilmember Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 7.Consider approval of a proclamation naming the week of May 19-25, Page 2City of Coppell, Texas May 28, 2013City Council Minutes 2013 “Emergency Medical Services Week ,” and authorizing the Mayor to sign. Mayor Hunt read the proclamation for the record and presented the same to Deputy Fire Chief Eric Greaser. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 8.Report by the Park Board. Read and Filed Jack Clark, Chair, gave the board's semi-annual report. Citizens’ Appearance9. Mayor Hunt advised that no one signed up to speak. Consent Agenda10. A.Consider approval of minutes: May 14, 2013. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-E be approved. The motion passed by an unanimous vote. B.Consider approval of an Interlocal Purchasing Agreement between the City of Coppell and the North Central Texas Council of Governments for the cooperative purchasing for actuarial shared services, and authorizing the Mayor to sign it and all appropriate documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-E be approved. The motion passed by an unanimous vote. C.Consider approval of an Interlocal Agreement with Dallas County Health and Human Services from June 1, 2013 through September 30, 2013, to protect the public health through a mosquito abatement program; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-E be approved. The motion passed by an unanimous vote. D.Consider approval of an Ordinance amending the Code of Ordinances by amending Section 8-3-1(A) of the Code of Ordinances to add a provision; making it unlawful to stop, stand, or park a vehicle on the Page 3City of Coppell, Texas May 28, 2013City Council Minutes south portion of Cedar Crest and Deerfield Court; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-E be approved. The motion passed by an unanimous vote. Enactment No: ORD 2013-1343 E.Consider approval of an Ordinance of the City of Coppell, Texas, amending Section 8-1-3 of the Code of Ordinances establishing a 25 mph speed limit for Calcot Drive, Chipping Way, Ridgecrest Court and Rosebriar Court; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-E be approved. The motion passed by an unanimous vote. Enactment No: ORD 2013-1344 End of Consent Agenda Regular Session 11.Consider approval of a Resolution directing publication of intention to issue Certificates of Obligation, Series 2013, in an amount not to exceed $9,900,000.00, for the purpose of paying all or a portion of the City's contractual obligations to be incurred in connection with; constructing and improving streets and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement, on-street parking, bridges and signage, and acquisition of land and interests in land for such projects; and paying legal, fiscal, engineering and architectural fees in connection with these projects, and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0528.1 12.Consider approval of a Resolution expressing official intent to reimburse costs of City improvements incurred in connection with the reconstruction of West Sandy Lake Road , similar preliminary costs for road improvements and paying legal and fiscal fees in connection with this project prior to the issuance of the bonds, and authorizing the Page 4City of Coppell, Texas May 28, 2013City Council Minutes Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0528.2 13.Consider approval to enter into a contract with Tiseo Paving Company , in an amount of $8,633,084.52, for the reconstruction of Sandy Lake Road from Denton Tap Rd. to N. Coppell Rd., providing for a $400,000 early completion incentive clause; and authorizing the City Manager to sign and execute all necessary documents. Presentation: Keith Marvin, Project Engineer, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 14.Consider approval to award a contract for Bid #Q0413-02, Creekview Drive Retaining Wall and Roadway Improvements to the Fain Group in the amount of $1,147,983.20 and approval of an incentive bonus amount of up to an additional $40,000.00 for a total award of $1,187,983.20 for construction of Creekview Drive Retaining Wall and Roadway Improvements; as provided for in IMF Funds, and authorize the City Manager to sign and execute any necessary documents. Presentation: George Marshall, Civil Engineer, made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - City Manager Reports15. Project Updates and Future Agendas. Page 5City of Coppell, Texas May 28, 2013City Council Minutes Read and Filed City Manager Clay Phillips reported that the CRDC Half-Cent Sales Tax Reauthorization Committee held a Public Forum on May 21st. The Committee will be coming forward to Council in July with a recommendation for the Sales Tax Election in November. Mr. Phillips also reminded Council that there is only one meeting in June. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 16. Councilmember Roden announced that North Texas Commission is now accepting applications for Leadership North Texas. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 17. Nothing to report. Necessary Action from Executive Session18. Nothing to report. Adjournment There being no further business before the Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1077 File ID: Type: Status: 2013-1077 Agenda Item Passed 1Version: Reference: In Control: Engineering 05/20/2013File Created: 06/11/2013Final Action: Old Town license agrmtFile Name: Title: Consider approval of a License Agreement between the City of Coppell and the Main Street Coppell Property Owners Association, Inc. to install and maintain landscaping and irrigation within City of Coppell property; and authorizing the City Manager to sign all necessary documents. Notes: Agenda Date: 06/11/2013 Agenda Number: B. Sponsors: Enactment Date: License Agreement Memo.pdf, Landscape License Agreement.pdf, License Agreement Location Map.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1077 Title Consider approval of a License Agreement between the City of Coppell and the Main Street Coppell Property Owners Association, Inc. to install and maintain landscaping and irrigation within City of Coppell property; and authorizing the City Manager to sign all necessary documents. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1077) Fiscal Impact: Staff Recommendation: The Engineering Staff recommends approval of the License Agreement. Goal Icon: Sustainable City Government Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: June 11, 2013 Reference: Consider approval of a license agreement within the Main Street development in Old Coppell 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval to enter into a License Agreement with the Main Street Coppell Property Owners Association to install and maintain landscape and irrigation within property owned by the City of Coppell. Analysis: The construction of the Main Street Coppell development within Old Coppell created a situation where public streets were constructed adjacent to the existing developed lots that front South Coppell Road. Typically when a home or business abuts a city street, the property owner is responsible for the maintenance of the landscape all the way to the edge of the paved street. With the adjacent homes and businesses being in place prior to the dedication of the street right-of-way for Burnet and Houston Streets, there was some question as to whether they would be responsible for maintaining the area outside their fenced yards. To resolve the question, the property owners association requested to install and maintain the landscape and irrigation within the city owned street right-of-way adjacent to these existing homes and businesses. This agreement gives them the right to install and maintain landscape and irrigation in this area even though they do not own the adjacent property. Approval of this agreement will result in a cohesive landscape plan through the entire development regardless of the adjacent property ownership, and consistent maintenance. Legal Review: This agreement was drafted by David Dodd, and is acceptable to the City and the Property Owners Association. 2 Fiscal Impact: This item has no fiscal impact to the city. Recommendation: City staff from The Parks, Planning, Engineering, and Economic Development Departments were involved in the discussions concerning this agreement. Engineering recommends approval of this agreement with the support of these other depatments. ____________________________________ License Agreement - Page 1 TM 59063 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between the City of Coppell, Texas (hereinafter referred to as “CITY”) and Main Street Coppell Property Owners Association, Inc., whose address is 4965 N. O’Connor Road, Irving, Texas 75062-2716 (hereinafter referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE desires to install and maintain landscaping and irrigation (hereinafter referred to “PERMITTED IMPROVEMENTS”) which may/or may not encroach within City of Coppell property, as shown on the attached plat of Block A-G, old Town Addition, recorded as Instrument No. 201100074924, official public records of Dallas County marked as Exhibit “A” and shown on the attached surveys marked Exhibit ‘B1’, ‘B2’ and ‘B3’ and incorporated herein for all purposes, (hereinafter referred to as ENCROACHMENT AREA); and WHEREAS, LICENSEE has requested the CITY allow the PERMITTED IMPROVEMENTS and/or continued use and occupancy, as depicted in the Exhibits B1, B2 and B3 attached hereto.; WHEREAS, LICENSEE desires to install and maintain “PERMITTED IMPROVEMENTS” within the ENCROACHMENT AREA and requests continued use and occupancy of the ENCROACHMENT AREA for PERMITTED IMPROVEMENTS; WHEREAS, CITY acknowledges that if the PERMITTED IMPROVEMENTS are damaged by the CITY, the CITY will be responsible for repair or replacement of any PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA. Any repair or replacement of the PERMITTED IMPROVEMENTS necessary as a result of damage by parties other than the CITY and/or natural deterioration will not be the responsibility of the City. NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: CITY hereby grants LICENSEE an irrevocable license agreement (hereinafter referred to as “AGREEMENT”) subject to the limitations and termination clauses of this Agreement, for the purpose of installation and maintenance of the PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA and being more particularly depicted on Exhibit ‘B1’, ‘B2’ and ‘B3’ attached hereto and incorporated herein for all purposes. Only PERMITTED IMPROVEMENTS that meet the requirements of the ENCROACHMENT AREA will be allowed. ____________________________________ License Agreement - Page 2 TM 59063 2. Term: The term of this AGREEMENT shall be perpetual, subject, however, to termination or other provisions as provided herein. 3. Non-exclusive: This AGREEMENT is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under, above or upon the ENCROACHMENT AREA, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY for facilities presently located within the boundaries of the ENCROACHMENT AREA. 4. Environmental Protection: LICENSEE shall not use or permit the use of the ENCROACHMENT AREA for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrants that the PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA will not result in the disposal or other release of any hazardous substance or solid waste on or to the ENCROACHMENT AREA, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the ENCROACHMENT AREA by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the ENCROACHMENT AREA and surrounding CITY property resulting from LICENSEE’ use of the ENCROACHMENT AREA under this AGREEMENT. 5. Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the ENCROACHMENT AREA and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against CITY by reason of any work done or materials furnished to the ENCROACHMENT AREA at LICENSEE’ instance or request. 6. Duration of AGREEMENT: This AGREEMENT shall terminate and be of no further force and effect in the event LICENSEE discontinues or abandons the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE removes the PERMITTED IMPROVEMENTS from the ENCROACHMENT AREA and fails to replace with substitute PERMITTED IMPROVEMENTS within sixty (60) days thereafter or upon termination by CITY whichever event first occurs, then this AGREEMENT shall be of no further effect. 7. Compliance with laws: LICENSEE agrees to abide by, be governed by, and be responsible for compliance with all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. ____________________________________ License Agreement - Page 3 TM 59063 8. Action upon termination: At such time as this AGREEMENT may be terminated or canceled, LICENSEE shall be deemed to have abandoned all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, on, under, above or upon the ENCROACHMENT AREA. If this AGREEMENT is terminated at the discretion of CITY and not because of a default by LICENSEE, CITY agrees to maintain the PERMITTED IMPROVEMENTS then in place for no less than ten (10) years thereafter; subject, however, to the right of CITY to remove or make changes to the PERMITTED IMPROVEMENTS to accommodate other CITY uses for public purposes 9. Termination: This AGREEMENT may be terminated on written notice in any of the following ways: a. Mutual Written agreement of both parties; or b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this AGREEMENT and the failure of LICENSEE to cure such failure within sixty (60) days after receipt of written notice from the CITY; or c. By CITY, in its sole discretion, based on the need to utilize the ENCROACHMENT AREA to serve a public purpose. 10. Notice: When notice is permitted or required by this AGREEMENT, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 11. Governing law: This AGREEMENT is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 12. Binding effect: This AGREEMENT shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 13. Entire Agreement: This AGREEMENT embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 14. Recitals: The recitals to this AGREEMENT are incorporated herein by reference. 15. Legal construction: The provisions of this AGREEMENT are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this AGREEMENT with respect to the right, title or interest in such property. ____________________________________ License Agreement - Page 4 TM 59063 EXECUTED this ______ day of _________________, 2013. CITY OF COPPELL, TEXAS By: CLAY PHILLIPS, CITY MANAGER 255 Parkway Blvd., Coppell, TX 75019 ATTEST: By: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: MAIN STREET COPPELL PROPERTY OWNERS ASSOCIATION, INC., a Texas non-profit corporation By: _____________________________________________________ Name: ___________________________________________ Title: ____________________________________________ ____________________________________ License Agreement - Page 5 TM 59063 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2013 by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 TM 59063 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____________________ day of ____________________, 2013, by _______________________________________________, ___________________________________________________ of Main Street Coppell Property Owners Association, Inc., a Texas non-profit corporation, on behalf of such corporation. __________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires: _________________________ S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV 2012.dwg \LIC AGREEMENT Old Town Coppell 5' Landscape Maintenance Area License Agreement Created in CIVIL3D 1 INCH = 1 MILE 0 1/2 1/2 1 1 INCH = FT. 0 50 50 25 Old Town Coppell 5' Landscape Maintenance Area License Agreement S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV 2012.dwg \LIC AGREEMENT Created on: 5 June 2013 by Scott Latta Created in CIVIL3D 2/2 AREA OF PROPOSED 5' LANDSCAPE MAINTENANCE LICENSE AGREEMENT Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1118 File ID: Type: Status: 2013-1118 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: PK Board ResignationFile Name: Title: Consider approval of accepting the resignation of Linda Scott from the Park Board and appointing Maureen Corcoran to fill the unexpired term. Notes: Agenda Date: 06/11/2013 Agenda Number: C. Sponsors: Enactment Date: PK Board Resignation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1118 Title Consider approval of accepting the resignation of Linda Scott from the Park Board and appointing Maureen Corcoran to fill the unexpired term. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1118) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 Christel Pettinos From:Brad Reid Sent:Monday, June 03, 2013 10:46 AM To:Cecilia Gandara; Christel Pettinos Cc:Greg Garcia (greg.garcia1@verizon.net) Subject:FW: sorry FYI. From: Linda Scott [mailto:asleepyhead@yahoo.com] Sent: Monday, June 03, 2013 10:12 AM To: Brad Reid Subject: sorry Dear Brad, Effective immediately, I am resigning from the Park Board. Unfortunately, I am having serious health issues at this time, along with problems dealing with the side effects of medication. I am very disappointed about this decision, but I need to focus on getting through this challenge. It was a blessing to have been chosen to be on the board and I have enjoyed the associations and friendships I have made. Please pass along my regrets. Sincerely, Linda Scott Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1119 File ID: Type: Status: 2013-1119 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: P&Z ResignationFile Name: Title: Consider approval of accepting the resignation of Craig Pritzlaff from the Planning and Zoning Commission. Notes: Agenda Date: 06/11/2013 Agenda Number: D. Sponsors: Enactment Date: P&Z Resignation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1119 Title Consider approval of accepting the resignation of Craig Pritzlaff from the Planning and Zoning Commission. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1119) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Garv L. Sieb From: Sent: To: Cc: Subject: Craig Pritzlaff <cpritzlaff@cttlegal.com> Thursday, May 30, 2013 6:49 PM Gary L. Sieb 'Karen.Hunt@frostbank.com' P&Z Resignation Please accept this email as my official resignation from the City of Coppell's Planning and Zoning Commission. As you may have heard the law firm of Curran Tornko LLP is winding up and dissolving. This occurrence although stressful, has proven to present a variety of new opportunities. And to that end I have accepted a position with the State Office of the Attorney General (Environmental Protection Division) in Austin. Those that know me well know how excited 1 am about this opportunity! However, it also requires a move to Austin, which saddens us as we will miss our friends and the City of Coppell, which is by far, the best community in Texas. I start in mid-June, and in the meantime, stay in touch on LinkedIn or via email. My personal email is: cpritzlaSSi~I'~verixoi~.i~et, and cell 972-746-0702. Craig J. Pritzlaff Join me on LinkedIn! Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1106 File ID: Type: Status: 2013-1106 Zoning Ordinance Passed 1Version: Reference: In Control: Planning 05/29/2013File Created: 06/11/2013Final Action: PD-91R2-SF-7, Northlake Woodlands Estates E, PH I, Lot 10, Blk 2 File Name: Title: Consider approval of an Ordinance for Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change from PD-91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7), to allow a seven and one-half foot encroachment over the required 30-foot front building setback line at 616 Villawood Lane and authorizing the Mayor to sign. Notes: Agenda Date: 06/11/2013 Agenda Number: E. Sponsors: Enactment Date: 06/11/2013 Cover Memo.pdf, Ordinance.pdf, Exhibit A - Legal Description.pdf, Exhibit B - Site Plan and Elevation.pdf Attachments: Enactment Number: 91500-A-625 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1106 Title Consider approval of an Ordinance for Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change from PD -91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 Revision Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1106) 2-Single Family-7), to allow a seven and one -half foot encroachment over the required 30-foot front building setback line at 616 Villawood Lane and authorizing the Mayor to sign. Summary Staff Recommendation: On May 14, 2013, City Council unanimously approved this ZONING CHANGE (7-0). On April 18, 2013, the Planning Commission unanimously recommended approval of the ZONING CHANGE (6-0). Commissioners Pritzlaff, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Approval of an Ordinance for Case No. PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, to allow a seven and one-half foot encroachment over the required 30-foot front building setback line 2030: Special Place to Live Introduction: The homeowner desires to construct a 147-square-foot porch at 616 Villawood Lane. Analysis: On May 14, 2013, Council followed the recommendation of the Planning & Zoning Commission and approved this request, with the condition that the property be replatted. On April 18, 2013, the Planning & Zoning Commission unanimously recommended approval of this rezoning request, subject to the replatting of the property to change the front yard building line to the proposed 22.5 feet. Legal Review: The City Attorney reviewed this Ordinance Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Ordinance with attachments TM 60748 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 ZONING CHANGE REQUEST FROM PD-91R2-SF-7, NORTHLAKE WOODLANDS ESTATES EAST, PH 1, LOT 10, BLOCK 2, A ZONING CHANGE REQUEST FROM PD-91-SF-7 (PLANNED DEVELOPMENT-91-SINGLE FAMILY-7) TO PD-91R2-SF-7 (PLANNED DEVELOPMENT-91 REVISION 2-SINGLE FAMILY-7), TO AMEND THE FRONT BUILDING SETBACK LINE FROM 30 TO 22.5 FEET TO PERMIT THE EXTENSION AND CONSTRUCTION OF THE PRIMARY STRUCTURE BY INCLUSION OF A147 SQUARE FOOT PORCH, FOR PROPERTY LOCATED AT 616 VILLAWOOD LANE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND ELEVATIONS ATTACHED HERETO AS EXHIBIT “B”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application PD-91R2-SF-7 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-91R2-SF-7, Northlake Woodlands Estates East, PH 1, Lot 10, Block 2, a zoning change request from PD-91-SF-7 (Planned Development-91-Single Family-7) to PD-91R2-SF-7 (Planned Development-91 TM 60748 Revision 2-Single Family-7), to amend the front building line from the 30-foot front building setback line to a 22 ½ foot front to permit the extension of the primary structure by the construction of a 147 square foot porch at 616 Villawood Lane and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only as permitted in a Single Famiy-7 District and in accordance with following development conditions as set forth herein below; A) Except as amended herein, the property shall be developed in accordance with Ordinance 204-A-9, PD-91-SF-7, as amended, that is incorporated herein as set forth in full and hereby readopted and republished as set forth in full. B) The addition shall be constructed in accordance with Exhibit “B” attached hereto. C) Prior to the issuance of a building permit, this property shall be replatted to relocate the front building line from 30 feet to 22.5 feet. SECTION 3. That the Site Plan and Elevations, attached hereto as Exhibit “B”, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the -SF-7 (Single Family -7 District) regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and amended herein as PD-91- R2-SF-7. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so TM 60748 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2013 APPROVED: ____________________________________________ KAREN SELBO HUNT ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) Exhibit “A” LEGAL DESCRIPTION Being all of Lot 10, Block 2 of the Northlake Woodlands East, Phase 1 Addition, being an addition in the City of Coppell, Dallas County, Texas, known as 616 Villawood Lane. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1107 File ID: Type: Status: 2013-1107 Agenda Item Passed 1Version: Reference: In Control: Planning 05/30/2013File Created: 06/11/2013Final Action: GTE Shared Services Addition, Lots 1R1A-R, Blk 1, RP EXT File Name: Title: Consider approval of a six month extension to the expiration date of June 12, 2013, for the GTE Shared Services Addition, Lots 1R1A-R, Block 1, Replat, being a replat of Lot 1R1A of the GTE Shared Services Addition, to establish a fire lane and utility easements to support the development of 67,000-square-foot office/showroom/warehouse building on Lot 1R1A-R on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. Notes: Agenda Date: 06/11/2013 Agenda Number: F. Sponsors: Enactment Date: Cover Memo.pdf, Letter from Keith Hermes.pdf, Approved Site Plan.pdf, Approved Replat.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1107 Title Consider approval of a six month extension to the expiration date of June 12, 2013, for the Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1107) GTE Shared Services Addition, Lots 1R1A-R, Block 1, Replat, being a replat of Lot 1R1A of the GTE Shared Services Addition, to establish a fire lane and utility easements to support the development of 67,000-square-foot office/showroom/warehouse building on Lot 1R1A-R on 6.6 acres of property located at the northeast corner of Canyon Drive and S.H. 121. Summary Attached is correspondence from Keith Hermes, Wisenbaker Builder Services, Inc ., received on May 24, 2013. If City Council were to approve this request, this replat would expired December 12, 2013. Staff Recommendation: On December 11, 2012, City Council unanimously approved this REPLAT (7-0). On November 15, 2012, the Planning Commission unanimously recommended approval of this REPLAT (7-0). Commissioners Goodale, Pritzlaff, Frnka, Haas, Sangerhausen, Portman and Kittrell voted in favor; none opposed. Staff recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Six-month extension for the replat of GTE Shared Services Addition Lot 1R1A-R, Block 1 2030: Business Prosperity Introduction: Wisenbaker Builder Services desires to construct a 67,000-square-foot office/showroom/warehouse building at the northeast corner of Canyon Drive and SH 121. Analysis: On December 11, 2012, City Council unanimously approved a PD Detail Site Plan and a Replat for this development. On February 12, 2013, PD-171R4-HC Ordinance was passed. The replat approval will expire on June 12, 2013, if an extension is not granted by City Council. With this extension, this replat will expire on December 12, 2013. On November 15, 2012, the Planning and Zoning Commission recommend approval of both these requests. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Letter from Keith Hermes, Wisenbaker Builder Services, Inc. requesting this extension. Approved Detail Site Plan Approved Replat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1105 File ID: Type: Status: 2013-1105 Agenda Item Passed 1Version: Reference: In Control: Planning 05/29/2013File Created: 06/11/2013Final Action: The Villas of Southwestern, FP EXTFile Name: Title: Consider approval of a three -month extension to the expiration date of July 9, 2013, for The Villas of Southwestern, Final Plat, a final plat to subdivide 3.87 acres of property for the development of seven (7) single-family lots and two (2) common area lots on land located north of Southwestern Boulevard, 1,060 feet west of Howell Street. Notes: Agenda Date: 06/11/2013 Agenda Number: G. Sponsors: Enactment Date: Cover Memo.pdf, Letter from Ramana Juvvadi.pdf, Approved Final Plat.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1105 Title Consider approval of a three -month extension to the expiration date of July 9, 2013, for The Villas of Southwestern, Final Plat, a final plat to subdivide 3.87 acres of property for the development of seven (7) single-family lots and two (2) common area lots on land located north of Southwestern Boulevard, 1,060 feet west of Howell Street. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1105) Summary Attached is correspondence from Ramana Juvvadi, received on May 29, 2013. If City Council were to approve this request, this final plat would expire on October 9, 2013. Staff Recommendation: On January 8, 2013, City Council approved this FINAL PLAT (5-2). On December 20, 2012, the Planning Commission unanimously recommended approval of this FINAL PLAT (5-0). Commissioners Goodale, Pritzlaff, Haas, Portman and Kittrell voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Three-month extension for the Final Plat of the Villas of Southwestern Addition 2030: Sense of Community, Special Place to Live Introduction: The applicant desires develop seven (7) single-family lots and two (2) common area lots on land located north of Southwestern Boulevard, 1,060 feet west of Howell Street. Analysis: On January 8, 2013, City Council approved this Final Plat, which expires on July 8, 2013. If City Council approves this three month extension, this Final Plat would expire on October 9, 2013. On December 20, 2012, the Planning & Zoning Commission unanimously recommended approval of this Final Plat. On November 13, 2012, City Council approved a Preliminary Plat and a rezoning request from C (Commercial) to PD for single family development (PD-258-SF). In addition, the Comprehensive Master Plan was amended to reflect this change in land use. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Letter from Ramana Juvvadi requesting this extension Approved Final Plat 1 Marcie Diamond From:Ramana Juvvadi <rrjuvvadi@gmail.com> Sent:Wednesday, May 29, 2013 3:42 PM To:Michael Garza; Marcie Diamond; Gary L. Sieb; Vijay Borra Subject:3 Months Extension for Filing of the Final Plat for Villas of Southwestern To Gary Sieb Planning & Zoning Division City of Coppell, Texas Dear Gary Sieb The engineering work for Villas of Southwestern has been done by Beta Inc. However, we requested some minor modifications to the plans already submitted to the city of Coppell. It is being currently handled by a different engineering company called JDJR. We will file for final plat once the engineering work is finished by JDJR. We request a extension of the deadline for 3 months for filing of the final plat. Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Ramana Juvvadi 1 1 Scale: 1" = 50’ NOT FOR CONSTRUCTION FOR REVIEW ONLY FINAL PLAT UTILITY COMPANY RECEIPT ACKNOWLEDGEMENT ONCOR: ATMOS ENERGY: TIME WARNER: VERIZON: SITE DATA TABLE 505 FEET100 YR FLOOD ELEVATION 20 FEETREAR YARD (FOR LOTS 2 & 5) 15 FEET 8 FEET SIDE YARD 25 FEET FRONT YARD MINIMUM SETBACKS 2 STORIESMAXIMUM STORIES 35 FEETMAXIMUM HEIGHT 45%MAXIMUM LOT COVERAGE 512 FEETMINIMUM FLOOR ELEVATION 2225 SFMINIMUM DWELLING SIZE (EXCEPT LOT1) 103 FEETMINIUM LOT DEPTH 60 FEETMINIMUM LOT WIDTH 6005 SFMINIMUM LOT SIZE 7982 SFAVERAGE LOT SIZE 7NUMBER OF LOTS 1.80LOTS/ACRE GROSS 1.28 ACRESLOT AREA 3.87 ACRESGROSS SITE AREA SURVEYORS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT, I, LARRY ALAN PROBECK, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I have prepared this plat from an actual on the ground survey of the land; and the monuments shown hereon were found and/or placed under my personal supervision in accordance with the platting rules and regulation of the City of Coppell, Texas. DATED this the day of , 2012. LARRY ALAN PROBECK Registered Professional Land Surveyor No.5187 STATE OF TEXAS{} COUNTY OF COLLIN {} BEFORE ME, the undersigned authority in and for the state of Texas, on this day personally appeared LARRY ALAN PROBECK known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therin expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2012. Notary Public, State of Texas RECOMMENDED FOR APPROVAL Chairman, Planning & Zoning CommissionDate of Approval City of Coppell, Texas Approved and Accepted: MayorDate of Approval City of Coppell, Texas The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing final plat of Villas of Southwestern, an addition to the City of Coppell was submitted to the City Council on the day of , 2012, and the Council, by formal action, then and there accepted the dedication of the streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing her name as herein above subscribed. WITNESS MY HAND, this the day of , 2012. City Secretary FLOOD PLAIN NOTE The subject property lies within OTHER AREAS- ZONE X-Areas determined to be outside 500-year floodplain as shown on the National Flood Insurance Program, Flood Insurance Rate Map (FIRM) for Dallas County, Texas and Incorporated Areas, Panel 155 of 725, Map Number 48113C0155 J, map revised August 23, 2001 as published by the Federal Emergency Management Agency (FEMA). FLOODPLAIN ORDINANCE NOTE Floodplain Development Permit Application No. has been filed with the City of Coppell Floodplain Administrator on , 2012. Floodplain AdministratorDate NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, VIJAY BORRA & RAMANA JUVVADI, is the owner of the herein described property, does hereby adopt this plat designating the herein described property as VILLAS OF SOUTHWESTERN, an addition to the City of Coppell, Dallas County, Texas and does hereby dedicate, in fee simple, to the public use forever the streets shown hereon. The easements shown hereon are hereby reserved for purposes indicated. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed or place upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use the same. All and any public utility shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective right or ingress or egress to or from and upon the said easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. (Any public utility shall have the right of ingress and egress to private property for the purpose of reading meters and any maintenance or service required or ordinarily performed by the utility). Water main and wastewater easements shall also include additional areas of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line, and description of such additional easements herein granted shall be determined by their location as installed. This plat approved to all plating ordinances, rules, regualitons and resolutions of the City of Coppell, Texas. Executed this the day of , 2012. BY: Vijay Borra & Ramana Juvvadi Vijay Borra Ramana Juvvadi {}STATE OF TEXAS {}COUNTY OF DALLAS BEFORE ME, the undersigned authority in and for the state of Texas, on this day personally appeared VIJAY BORRA & RAMANA JUVVADIknown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therin expressed and in the capacity therin stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2012. Notary Public, State of Texas 0 50 100 25 EASEMENT WEST OF WEST PROPOERTY LINE. 13. PAVING OF 30 FOOT FIRELANE/MUTUAL ACCESS/UTILITY EASEMENT/SIDEWALK SHALL INCLUDE 10 FEET OF 12. A $1285 PARK DEVELOPMENT FEE PER LOT NEEDS TO BE PAID PRIOR TO CONSTRUCTION. STANDARDS AND REMAINING CURBS CAN BE INSTALLED AS MOUNTABLE CURBS. 11. FROM THE EDGE OF SOUTHWESTERN BLVD, INSTALL STANDARD CURBS 270 FT NORTH AS PER CITY OF COPPELL 10. A SIX FEET DECORATIVE METAL FENCE SHALL BE CONSTRUCTED ALONG THE CREEK TO PROTECT THE WOODED AREA VIEW. PARKING LOTS WHICH ARE ADDED SEPARATELY. 9. ON-STREET PARKING SHALL BE PROHIBITED ALONG PROPOSED STREETS. HOME OWNERS TO USE 8. THE LOT NUMBER DESIGNATION "_X" SIGNIFIES A COMMON AREA LOT. 7. DIMENSIONS ARE BACK TO BACK UNLESS OTHERWISE NOTED. 6. ALL SIDEWALKS SHALL ADHERE TO ADA STANDARDS. 5. A TREE REMOVAL PERMIT MUST BE ISSUED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY ON-SITE GRADING. RESPONSIBILITY OF THE HOA. 4. ALL STREET PAVING, PARKING AREAS , FENCE, SIDEWALKS AND COMMON AREAS SHALL BE THE MAINTENANCE 3. LOT 4 AND LOT 7 MUST BE EQUIPPED WITH AUTOMATIC FIRE SPRINKLER SYSTEM. SUBDIVISION ORDINANCE APPENDIX C SECTION 1.A.8. HAMMERHEAD STREET IS USED HERE. 2. A CUL-DE-SAC VARIANCE IS REQUESTED WITH THIS ZONING APPLICATION. VARIANCE REQUESTED TO ORDINANCE APPENDIX C SECTION 1.A.10. 1. AN ALLEY WAIVER REQUESTED WITH THIS ZONING APPLICATION. VARIANCE REQUESTED TO SUBDIVISION PD CONDITIONS: 4. This SURVEY performed without benefit of Title Commitment. West of Coppell Rd. ELEVATION = 516.87 FT. North Side of Southwestern Blvd. approximately 263 Ft. 3. Geodetic Control Bench Mark #13 : City of Coppell 3" Aluminun Disk (BM #13) located on top of inlet on the Incorporated Areas, Panel Number 48113C0155 J, with a effective Date of August 12, 2001. Dallas County, Texas, and 2. A Portion of this Property lies in FLOOD ZONE AE as shown on FIRM Rate Map for Instrument Number 201200131254 as, SOUTH 00 20’ 07" EAST, D.R.D.C.T. 1. BASIS OF BEARINGS: The Easterly Line of TRACT I, described in Dallas, County Clerk’s GENERAL NOTES FOR SURVEY: P.R.D.C.T. D.C.C. INST. NO. 201200131254 VIJAYA K. BORRA & RAMANA JUVVADI TRACT I 48113C0115 J Dated 08/23/2001 ZONE AE per FIRM PANEL NO. D.R.D.C.T. Volume 95033, Page 279 Called 0.108 Acres Coppell Independent School District D.R.D.C.T. Volume 94002, Page 2212 Daniel C. Soto 100’ RIGHT-OF-WAYST. LOUIS & SOUTHWESTERN RAILROAD POINT OF BEGINNING FEMA 100 YR FLOOD ELEVATION = 505 FT D.R.D.C.T. VOLUME 68079, PAGE 100 20’ SAN. SEWER EASEMENT D.R.D.C.T. VOLUME 68079, PAGE 100 20’ SAN. SEWER EASEMENT TYP TYP 8.0’ 8.0’ TYP 41’SET BACK 20’27’ 25’ SETBACK 168,652.26 square feet or 3.872 acres of land. containing PLACE OF BEGINNINGto the (Deed = North 85 29’ 38" East, 504.20 feet) of the St. Louis & Southwestern Railroad, North 85 27’ 32" East, a distance of 504.20 feet continuing with the common northerly line of Tract I, with the southwesterly line THENCE iron rebar being also in the southwesterly line of the said St. Louis & Southwestern Railroad; same being the northeasterly corner of Daniel C. Soto’s 1.321 acre tract of land, said 1/2" to a 1/2" iron rebar with a yellow cap found for the northwesterly corner of Tract I, feet) (Deed = North 00 35’ 35" West, 260.44 North 00 03’ 59" West, a distance of 260.44 feet westerly line of Tract I, with the easterly line of Daniel C. Soto’s 1.321 acre tract of land, departing the southwesterly corner of Tract I continuing with the common THENCE Texas; Soto recorded in Volume 2003106, at Page 25422, of the Deed Records of Dallas County, Daniel C. Soto’s 1.321 acre tract of land described in a General Warranty Deed to Daniel C. Daniel C. Soto’s 0.45 acre tract of land, said 1/2" iron rebar being also in the easterly line of cap found for the southwesterly corner of Tract I, same being the northwesterly corner of to a 1/2" iron rebar with a yellow (Deed = South 79 39’ 53" West, 320.18 feet) 199.39 feet of Daniel C. Soto’s 0.45 and 0.42 acre tracts of land, South 79 39’ 03" West, a distance of departing the northwesterly corner of Tract II, continuing with the northerly line THENCE said 1/2" iron rebar being also in the southwesterly line of Tract I;East, 121.01 feet) (Deed = North 79 39’ 53" Tract II bears, North 79 37’ 47" East, a distance of 121.07 feet for the northwesterly corner of Tract II, from which point the northeasterly corner of said to a 1/2" iron rebar with a yellow cap found (Deed = North 00 20’ 07" West, 153.43 feet) Daniel C. Soto’s 0.45 acre tract of land, North 00 15’ 21" West, a distance of 153.45 feet departing the southwesterly corner of Tract II continuing with the easterly line of THENCE acre tract of land; the southwesterly corner of Tract II, same being in the easterly line of Daniel C. Soto’s 0.45 to a 1/2" iron rebar with a yellow cap found for (Deed = North 89 01’ 04" West, 99.20 feet) Daniel C. Soto’s 0.14 acre tract of land, North 89 02’ 24" West, a distance of 99.31 feet continuing with the common southerly line of Tract II, and the northerly line of THENCE ;(Deed = North 00 20’ 07" West, 24.40 feet)13’ 27" West, a distance of 24.38 feet iron rebar with a yellow cap found for the northwesterly corner of Tract III bears, North 00 land, said 1/2" iron rebar being also in the southerly line of Tract II, from which point a 1/2" westerly line of Tract III with the northeasterly corner of Daniel C. Soto’s 0.14 acre tract of to a 1/2" iron rebar with a yellow plastic cap found in the common 20’ 07" West, 184.60 feet) (Deed = North 00 0.14 acre tracts of land, North 00 23’ 15" West, a distance of 184.70 feet common westerly line of Tract III with the easterly line of Daniel C. Soto’s 0.11 acre and departing the southerly line of Southwestern Boulevard, continuing with the THENCE Deed Records of Dallas County, Texas; Deed with Vendor’s Lien to Daniel C. Soto recorded in Volume 94002, at Page 2212, of the the southeasterly corner of that certain called 0.11 acre tract of land described in a Warranty rebar with a yellow plastic cap found for the common southwesterly corner of Tract III with to a 1/2" iron (Deed = North 89 59’ 07" West, 20.00 feet)33" West, a distance of 20.06 feet northerly line of Southwestern Boulevard, and the southerly line of Tract III, South 89 51’ corner of Coppell Independent School District’s 1.00 acre tract of land, continuing with the departing the common southeasterly corner of Tract III with the southwesterly THENCE width public right-of-way at this point; of land, said 1/2" iron rebar being in the northerly line of Southwestern Boulevard, a variable III, with the southwesterly corner of Coppell Independent School District’s 1.00 acre tract iron rebar with a plastic yellow cap found for the common southeasterly corner of said Tract to a 1/2" (Deed = 234.00 feet) Texas, and continuing in all a total distance of 234.05 feet District, recorded in Volume 95033, at Page 279, of the Deed Records of Dallas County, certain called 1.00 acre lot, tract or parcel of land conveyed to Coppell Independent School District’s 0.108 acre tract of land, said 1/2" iron rebar being in the westerly line of that corner of said Tract III, with the southwesterly corner of Coppell Independent School plastic yellow cap found for corner, said iron rebar being also the common northeasterly a 1/2" iron rebar with a (Deed = South 00 20’ 07" East, 25.00 feet)distance of 25.14 feet Independent School District’s 0.108 acre tract of land, South 00 26’ 06" East, passing at a continuing with the easterly line of Tract II and the westerly line of Coppell THENCE ;feet) (Deed = North 00 20’ 07" West, 127.45 North 00 18’ 06" West, a distance of 127.50 feet 0.108 acre tract of land, from which point the northeasterly corner of said Tract II bears, plastic cap found for the northwesterly corner of said Coppell Independent School District’s to a 1/2" iron rebar with a yellow (Deed = North 89 59’ 07" West, 188.50 feet)188.57 feet Independent School District’s 0.108 acre tract of land, South 89 58’ 48" West, a distance of continuing with the common southerly line of Tract I with the northerly line of Coppell departing the easterly line of Tract I, and the westerly line of Lot 1, Block A, and THENCE recorded in Volume 95033, at Page 279, of the Deed Records of Dallas County, Texas; that certain called 0.108 acre tract of land conveyed to Coppell Independent School District, iron rebar with a plastic yellow cap found for corner, same being the northeasterly corner of to a 1/2" (Deed = South 00 20’ 07" East, 370.11 feet) 07" East, a distance of 370.19 feet and the westerly line of Lot 1, Block A, of said Pinkerton School Addition, South 00 20’ departing said common corner and continuing with the easterly line of Tract I, THENCE Southwestern Railroad, a 100 feet wide right-of-way; Texas, said 1/2" iron rebar also being in the southwesterly line of the St. Louis & Texas, recorded in Volume 91211, at Page 1011, of the Deed Records of Dallas County, Pinkerton Elementary School Addition, an addition to the City of Coppell, Dallas County, corner of the aforesaid Tract I, same being the northwesterly corner of Lot 1, Block A, of at a 1/2" iron rebar with a yellow plastic cap found for the northeasterly BEGINNING County, Texas, and being more particularly described as follows: Dallas County Clerk’s Instrument Number 201200131254, of the Deed Records of Dallas recorded under VIJAYA K. BORRA and RAMANA JUVVADI, Minerals Reservation to tracts or parcels of land described as Tract I, Tract II and Tract III, in a Warranty Deed with Survey, Abstract Number 1296, Dallas County, Texas, and being all of those certain lots, situated in the City of Coppell, and the County of Dallas, Texas, in the J. A. Simmons all of that certain 168,652 square foot lot, tract, or parcel of land lying and being BEING LEGAL DESCRIPTION 10’ D.R.D.C.T. Volume 83140, Page 5279 & Called 20’ Strip Volume 87087, Page 3937 Recriprocal Easement Agreement CL OF GRAPEVINE CREEK D.R.D.C.T.Volume 91211, Page 1011Pinkerton Elementary School AdditionLot 1, Block A (214) 549-5349 OFFICE DALLAS, TEXAS 75355-0695 PO BOX 550695 PROBECK LAND SURVEYORS SURVEYOR GRAPEVINE CREEK MIXED HARDW OODS DENSELY W OODED TRESSEL TELE.TELE. 1 2 43 5 6 7 10925 SF 6005 SF 6447 SF 6448 SF 8258 SF 7854 SF 9940 SF N 0 20’ 7.00" W 96.25’N 0 20’ 7.00" W 60.00’N 90 0’ 0.00" W 104.31’N 0 20’ 7.00" W 60.00’S 89 58’ 47.78" W 60.00’ S 89 58’ 47.78" W 60.00’ S 89 58’ 47.78" W 60.57’ N 89 2’ 23.59" W 80.89’N 0 15’ 24.89" W 133.72’N 85 27’ 32.21" E 103.37’ MIXED HARDW OODS DENSELY W OODED N 89 44’ 35.11" E 81.48’ COMMON AREA 1X N 90 0’ 0.00" E 120.4774 N 90 0’ 0.00" E 141.3436 2 4 N 0 20’ 40.29" W 107.46’N 0 20’ 40.29" W 107.44’N 0 19’ 43.91" W 107.42’FIRE LANE MUTUAL ACCESS & UTILITY EASEMENTBLVD. SOUTHWESTERN COMMON AREA 1X MANGO COURT100.00’ ROWCOMMON AREA 2XFIRE LANE MUTUAL ACCESS & UTILITY EASEMENT12/10/2012C:\Users\BETA1\Documents\Vijay Borra-Land Developer\CADD\ZONING\Zoning Exhibit - Final Plat- REVISED.dgn 2:19:29 PM SHEET OF OFFICE (214) 549-5349 DALLAS, TEXAS 75355-0695 PO BOX 550695 PROBECK LAND SURVEYORS OWNER: ENGINEER: SURVEYOR: CITY: DATE SHEET NO DRAWN BY REVIEWED BY CK SB 12/11/2012 (937) 219-4987 CELL: (214) 924-5169 IRIVNG, TEXAS 75038 1916 COTTONWOOD VALLEY CIRCLE RAMANA JUVVADI VIJAYA K. BORRA & OFFICE: (972) 774-1200 CITY OF COPPELL, DALLAS COUNTY, TEXAS J. A. SIMMONS SURVEY, ABSTRACT NO. 1296 272 SOUTHWESTERN BLVD. 7 RESIDENTIAL LOTS, 3 COMMON AREA LOT 3.87 ACRES OF LAND VILLAS OF SOUTHWESTERN Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1110 File ID: Type: Status: 2013-1110 Agenda Item Passed 1Version: Reference: In Control: Planning 05/31/2013File Created: 06/11/2013Final Action: Petterson Addition, Lots 1R-7R & 1XR-2XR, Blk A, RP EXT File Name: Title: Consider approval of a six -month extension to the expiration date of June 12, 2013, for the Petterson Addition, Lots 1R-7R & 1XR-2XR, Block A, Replat, being a replat to establish seven (7) single-family lots, two (2) common area lots and easements on 2.27 acres of property located along the north side of West Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Notes: Agenda Date: 06/11/2013 Agenda Number: H. Sponsors: Enactment Date: Cover Memo.pdf, Petterson Extention Letter.pdf, Approved Replat.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1110 Title Consider approval of a six -month extension to the expiration date of June 12, 2013, for the Petterson Addition, Lots 1R-7R & 1XR-2XR, Block A, Replat, being a replat to establish seven (7) single-family lots, two (2) common area lots and easements on 2.27 acres of property Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1110) located along the north side of West Sandy Lake Road, approximately 130 feet west of Summer Place Drive. Summary Attached is correspondence form Ron Allen, JGMS Investments, LLC, received June 4, 2013. If City Council were to approve this request, this replat would expire on December 12, 2013. Staff Recommendation: On December 11, 2012, City Council unanimously approved this REPLAT (7-0). On November 13, 2012, City Council opened & continued the public hearing to the December 11, 2012 meeting (7-0) at the applicant’s request. On October 18, 2012, the Planning Commission unanimously recommended approval of this REPLAT (6-0). Commissioners Pritzlaff, Frnka, Haas, Sangerhausen, Portman and Kittrell voted in favor; none opposed. Staff recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Six-month extension for the Petterson Addition Replat 2030: Sense of Community, Special Place to Live Introduction: The applicant desires to develop a seven lot residential subdivision with two common area lots on 2.3 acres located on the north side of Sandy Lake Road, west of Summer Place. Analysis: The replat approval will expire on June 12, 2013, if an extension is not granted by City Council. With this extension, this replat will expire on December 11, 2013. On December 11, 2012, City Council unanimously approved a PD Detail Site Plan and a Replat for this development. On February 12, 2013, PD-200R4-SF-7 Ordinance was passed. On October 18, 2012, the Planning & Zoning Commission recommend approval of both these requests. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachment: Letter from Ron Allen requesting this extension Approved Replat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1108 File ID: Type: Status: 2013-1108 Ordinance Passed 1Version: Reference: In Control: Finance 05/30/2013File Created: 06/11/2013Final Action: Rate Review Mechanism for AtmosFile Name: Title: Consider approval of an Ordinance to implement the Rate Review Mechanism (RRM) process for Atmos Energy Corp., Mid-Tex Division, as a substitute for the legislatively-constructed Gas Reliability Infrastructure Program (GRIP) ratemaking mechanism; and authorizing the Mayor to sign. Notes: Agenda Date: 06/11/2013 Agenda Number: I. Sponsors: Enactment Date: 06/11/2013 Agenda item memo June 11 2013.pdf, Atmos Gas RRM-5 Ordinance.pdf, Atmos Gas RRM-5 Ordinance Attach A.pdf Attachments: Enactment Number: ORD 2013-1345 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 06/11/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, to approve Consent Agenda Items A-I. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1108 Title Consider approval of an Ordinance to implement the Rate Review Mechanism (RRM) process for Atmos Energy Corp., Mid-Tex Division, as a substitute for the legislatively-constructed Gas Reliability Infrastructure Program (GRIP) ratemaking mechanism; and authorizing the Mayor to sign. Summary There is no rate increase associated with this ordinance. This item is to approve the continued use Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1108) of the Rate Review Mechanism (RRM) process in place of the less favorable annual ratemaking method, the Gas Reliability Infrastructure Program (GRIP). The City of Coppell used the RRM process for 2008-2011. If the cities within the Atmos system do not approve the RRM process, Atmos will file their annual rate increase request using the less favorable GRIP statute. The filing under the GRIP statute will be more costly for our ratepayers than through the RRM process. The coalition of approximately 155 Atmos cities is recommending approval of the Ordinance and the RRM ratemaking process. Fiscal Impact: There is no direct fiscal impact from this agenda item. Staff Recommendation: Staff recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Chad Beach, Assistant Director of Finance Date: June 11, 2013 Reference: Approval of an ordinance to implement the Rate Review Mechanism process for Atmos Energy Corporation 2030: Sustainable City Government Introduction: The City, along with 154 other cities served by Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid- Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC” or “Steering Committee”). In 2007, ACSC and Atmos Mid-Tex agreed to implement an annual rate review mechanism for Atmos Mid-Tex, known as the Rate Review Mechanism (“RRM”), as a temporary replacement for the statutory mechanism known as GRIP (the “Gas Reliability Infrastructure Program”). This first RRM tariff expired in 2011, and although ACSC and Atmos Mid-Tex met many times to attempt to reach an agreement on a renewed or replacement tariff, they were unable to do so. Atmos Mid-Tex filed a full rate case in 2012. The resulting rates were approved by the Railroad Commission in December 2012 in G.U.D. No. 10170. ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and have reached a tentative agreement on the form of the RRM tariff to be in effect for a four-year period from 2013 to 2017. If the RRM process is to continue to function as a substitute for the GRIP process, cities that exercise original jurisdiction must adopt a tariff that authorizes the process. For the reasons outlined below, the ACSC Executive Committee and ACSC legal counsel recommend approval of the new RRM tariff by all ACSC member cities. Analysis: The RRM tariff was originally approved by ACSC member cities as part of the settlement agreement resolving the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP rate adjustment process. GRIP, like the RRM, is a form of expedited rate relief for gas utilities that avoids the long and costly process of a full rate filing. However, ACSC strongly opposes the GRIP process because it constitutes piecemeal ratemaking, does not allow any review by cities of the reasonableness of 2 capital expenditures, and does not allow participation by cities in the Railroad Commission’s review of the annual GRIP filings, or recovery by cities of their rate case expenses. The Railroad Commission undertakes only an administrative review of GRIP filings (instead of a full hearing) and the rate increases go into effect without any material adjustments. In ACSC’s view, the GRIP process unfairly raises customers’ rates without any real regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings. Purpose of the Ordinance: The purpose of the Ordinance is to approve the RRM tariff (“Attachment A”) that reflects the negotiated RRM process. For the RRM process to continue, cities exercising original jurisdiction must approve a tariff that authorizes the process. Reasons Justifying Approval of the Negotiated RRM Tariff: In the opinion of ACSC’s Executive Committee, the RRM process is a better deal for customers than the GRIP process. Atmos Mid-Tex has stated if it were to file for a rate adjustment in 2013 under the GRIP provisions, it would request approximately $5 million more in rate relief than it plans to request in a filing under this revised RRM tariff. ACSC assumes that is because the GRIP process only evaluates changes to capital investment. The RRM process looks at revenues (that may be increasing) and expenses (that may be declining), as well as capital investment. Additionally, the statute authorizing the GRIP rate adjustment process allows the Company to place the entirety of any rate increase in the unavoidable monthly customer charge portion of its rates. If the Company were to file for an increase under the GRIP provisions, the entire amount of the increase would be collected through the fixed portion of the bill, rather than the volumetric charge that varies by a customer’s usage. Between 2007 and 2012, ACSC was able to negotiate rate design results that constrained residential customer charges to the $7.00 to $7.50 range. However, the Railroad Commission has recently raised the residential customer charge to $17.70. The Company has agreed that for the first filing under the revised RRM tariff, there will be no increase to the residential customer charge. Thus, some of the primary benefits of the attached RRM tariff are that it moderates the impact of rate adjustments on residential customers by not changing the residential customer charge for the first RRM period. In subsequent years only 40% of the proposed increase in revenues to the residential class will be recovered through the fixed customer charge, and in no event will the residential customer charge increase by more than $.50 per month. No such constraints exist under the GRIP process. Additionally, the attached RRM tariff provides a discount as an incentive for cities permitting the Company annual rate relief. The RRM tariff includes an adjustment amount that is a reduction to the Company’s requested increase. The adjustment lowers the Company’s rate request by at least $3 million each year. Additional reductions will also be made each year depending on the size of the Company’s requested increase. The attached RRM tariff also caps at 55% the percentage of equity that can be used to calculate the Company’s capital structure. Railroad Commission policy allows rates to be based on a parent company’s actual capital structure, which for Atmos could mean increases in equity above the most recent level of 52%. 3 Under the RRM tariff, cities are also able to review the Company’s annual expenses and capital investments and make adjustments, or disallowances, for any such expenses or investments that are considered to be unreasonable or unnecessary. The cities’ costs in reviewing the annual filings, such as fees associated with the hiring of expert consultants and legal counsel, will be reimbursed by the Company on a monthly basis. If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its annual filings under the GRIP provisions. The anticipated GRIP adjustment for 2013 would be approximately $5 million higher than the Company anticipates requesting through an RRM filing. Additionally, GRIP rate adjustments would place the entire amount of the Company’s requested increase into the customer charge. The ACSC Executive Committee recommends that ACSC city members take action to approve the Ordinance authorizing the RRM tariff. Legal Review: The agenda item was reviewed by legal as part of the agenda packet. The Ordinance and the attachment A – RRM Tariff was prepared and approved by Geoffrey Gay, our utility rate attorney. Fiscal Impact: There is no direct fiscal impact to the City of Coppell. Recommendation: The Finance Department recommends approval. 3562140.1 1 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, (“CITY”) APPROVING AND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of cities, most of whom retain original jurisdiction over the rates and services of Atmos Mid-Tex; and WHEREAS, in 2007 ACSC member cities and Atmos Mid-Tex collaboratively developed the Rate Review Mechanism (“RRM”) Tariff that allows for an expedited rate review process controlled by cities as a substitute for the legislatively-constructed Gas Reliability Infrastructure Program (“GRIP”); and WHEREAS, the GRIP mechanism does not permit the City to review rate increases, and constitutes piecemeal ratemaking; and WHEREAS, the RRM process permits City review of requested rate increases and provides for a holistic review of the true cost of service for Atmos Mid-Tex; and WHEREAS, the initial RRM tariff expired in 2011; and 3562140.1 2 WHEREAS, ACSC’s representatives have worked with Atmos Mid-Tex to negotiate a renewal of the RRM process that avoids litigation and Railroad Commission filings; and WHEREAS, the ACSC’s Executive Committee and ACSC’s legal counsel recommend ACSC members approve the negotiated new RRM tariff; and WHEREAS, the attached Rate Schedule “RRM – Rate Review Mechanism” (“RRM Tariff”) provides for a reasonable expedited rate review process that is a substitute for, and is superior to, the statutory GRIP process; and WHEREAS, the expedited rate review process as provided by the RRM Tariff avoids piecemeal ratemaking; and WHEREAS, the RRM tariff reflects the ratemaking standards and methodologies authorized by the Railroad Commission in the most recent Atmos Mid-Tex rate case, G.U.D. No. 10170; and WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-Tex’s requested rate increase of at least $3 million; and WHEREAS, the RRM Tariff provides for a lower customer charge than if Atmos Mid- Tex pursued GRIP filings; and WHEREAS, the attached RRM Tariff as a whole is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the RRM Tariff, which is attached hereto and incorporated herein as Attachment A, is reasonable and in the public interest, and is hereby in force and effect in the City. 3562140.1 3 Section 3. That to the extent any resolution or ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby repealed. Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. That if any one or more sections or clauses of this Ordinance is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 6. That this Ordinance shall become effective from and after its passage. Section 7. That a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs for Atmos Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this __________ day of ___________________, 2013. _________________________________ Karen Selbo Hunt, Mayor ATTEST: __________________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney ATMOS ENERGY CORPORATION MID-TEX DIVISION Attachment “A” RATE SCHEDULE: RRM – Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 1 OF 6 I. Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate Schedules”). Rate calculations and adjustments required by this tariff shall be determined on a System-W ide cost basis. II. Definitions “Test Period” is defined as the twelve months ending December 31 of each preceding calendar year. The “Effective Date” is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is October 15, 2013. Unless otherwise noted in this tariff, the term “Final Order” refers the final order issued by the Railroad Commission of Texas in GUD 10170. The term “System-W ide” means all incorporated and unincorporated areas served by the Company. “Review Period” is defined as the period from the Filing Date until the Effective Date. The “Filing Date” is as early as practicable but no later than March 1 of each year with the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective Date is June 1, 2017. III. Calculation The RRM shall calculate an annual, System-W ide cost of service (“COS”) that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The annual cost of service will be calculated according to the following formula: COS = OM + DEP + RI + TAX + CD - ADJ Where: OM = all reasonable and necessary operation and maintenance expenses from the ATMOS ENERGY CORPORATION MID-TEX DIVISION Attachment “A” RATE SCHEDULE: RRM – Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 2 OF 6 Test Period adjusted for known and measurable items and prepared consistent with the rate making treatments approved in the Final Order. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non-recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order. DEP = depreciation expense calculated at depreciation rates approved by the Final Order. RI = return on investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, except that no post Test Period adjustments will be permitted. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes) and the return on equity from the Final Order. However, in no event will the percentage of equity exceed 55%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company’s filing under this Rider RRM will clearly state the level of pension and other postemployment benefits recovered in rates. TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order. CD = interest on customer deposits. ADJ = Downward adjustment to the overall, System-W ide test year cost of service in the amount of $3,000,000.00, adjusted by a percentage equal to the total percentage increase in base-rate revenue sought pursuant to this tariff. ATMOS ENERGY CORPORATION MID-TEX DIVISION Attachment “A” RATE SCHEDULE: RRM – Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 3 OF 6 IV. Annual Rate Adjustment The Company shall provide schedules and work papers supporting the Filing’s revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company’s Revenue Requirement was apportioned in the Final Order. For the Residential Class, 40% of the increase may be recovered in the customer charge. The increase to the Residential customer charge shall not exceed $0.50 per month in any given year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. The Company will forgo any change in the Residential customer charge with the first proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied-upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company’s filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within ten (10) calendar days after the Filing Date. The 2013 Filing Date will be July 15, 2013. A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information , and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodol ogies, allocation of common costs, or atypical or non- recurring items included in the filing. VI. Evaluation Procedures ATMOS ENERGY CORPORATION MID-TEX DIVISION Attachment “A” RATE SCHEDULE: RRM – Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 4 OF 6 The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company’s filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by May 31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013 filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of June 1. ATMOS ENERGY CORPORATION MID-TEX DIVISION Attachment “A” RATE SCHEDULE: RRM – Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 5 OF 6 To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than August 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before August 30 of the year the RRM filing is made. To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company’s proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. VII. Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, e t seq., of the Texas Utilities Code (Vernon 2007). VIII. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty -five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; ATMOS ENERGY CORPORATION MID-TEX DIVISION Attachment “A” RATE SCHEDULE: RRM – Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 6 OF 6 b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; c) the service area or areas in which the proposed rates would apply; d) the date the annual RRM filing was made with the regulatory authority; and e) the Company’s address, telephone number and website where information concerning the proposed rate adjustment be obtained. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-0931 File ID: Type: Status: 2013-0931 Agenda Item Passed 1Version: Reference: In Control: Planning 03/05/2013File Created: 06/11/2013Final Action: PD-133R5-SF-7, Magnolia North AdditionFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S .H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. Notes: Agenda Date: 06/11/2013 Agenda Number: 10. Sponsors: Enactment Date: Cover Memo.pdf, Postpone Request Letter, Appeal Letter.pdf, Staff Report.pdf, PD-Conditions.pdf, Zoning Exhibit and Site Plan.pdf, Screening Wall and Fence Details.pdf, Landscape Plan (2 pages).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pass06/11/201305/14/2013City CouncilPostponed03/26/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-0931) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Barry Knight, representing the applicant, requested the continuation of the Public Hearing until the May 14th meeting. Mayor Pro Tem Brancheau opened the Public Hearing and asked for the following to speak: 1) Daniel Satsky, 770 Black Forest Ct., Southlake, signed up in favor but chose to hold until May 14th. 2) Kevin Dunn, 1324 Coral, signed up in favor but chose to hold until May 14th. 3) Bobby Rollings, 3221 St. Georges, Plano, signed up in favor but chose to hold until May 14th. 4) Kyle Parnell, 142 Natches Trace West, spoke against the item. 5) Dr. John and Julie Hanson, 166 Natches Trace, spoke against the item. 6) Brian Thompson, 626 Madison St., spoke against the item. 7) Ruth Holder, 134 Natches Trace, spoke against the item. 8) Michael Herzog, 702 Madison, spoke against the item. 9) Mike McReynolds, 162 Natches Trace, spoke against the item. At 8:34 p.m., Mayor Pro Tem Brancheau called an Executive Session as permitted under Section 552.071, Consultation with City Attorney. The Executive Session was adjourned at 8:37 p.m. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, to postpone the Agenda Item until May 14. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 Pass06/11/2013City CouncilPostponed05/14/2013City Council Mayor Hunt opened the Public Hearing. Presentation: Gary Sieb, Director of Planning, read the applicant's request to continue the hearing to June 11th. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Marvin Franklin, to continue this Public Hearing to the June 11th meeting. The motion passed by an unanimous vote. Action Text: Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Mayor Pro Tem Billy Faught, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-0931) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for the following people who signed up to speak: 1) Bobby Rollings, 3221 St. Georges Dr., Plano, representing the applicant, made a presentation to Council. 2) Danny Cummings, Binkley & Barfield C&P Engineering, 1801 Gateway Blvd., conducted the traffic study. 3) Allen Gardiner, 5119 Oakhurst, Frisco, Appraiser, made a presentation to Council. 4) Steve Donosky, 4324 Amherst, Real Estate Investor, made a presentation to Council. 5) Kevin Dunn, 1324 Coral Dr., Real Estate Broker/Associate, made a presentation to Council. 6) Bryan Thompson, 626 Magnolia, spoke in opposition. 7) Ruth Holder, 134 Natches Trace, spoke in opposition. At 8:15 p.m., Mayor Hunt called for an Executive Session based on Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Hunt adjourned the Executive Session at 8:21 p.m. and reconvened into the Regular Session. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, to close the Public Hearing and approve this Agenda Item. The motion failed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Nay: Text of Legislative File 2013-0931 Title PUBLIC HEARING: Consider approval of Case No. PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133-HC (Planned Development-133-Highway Commercial) to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S .H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. Page 3City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: PD-133R5-SF-7, Magnolia North Addition, a zoning change request from PD-133- Highway Commercial, to allow the development of 28 single-family lots and three (3) common area lots on 5.41 acres of property located along the south side of S.H. 121, approximately 260 feet west of North Denton Tap Road and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. 2030: none (denial is recommended) Introduction: The applicant is requesting a rezoning and a revision to the Comprehensive Plan to allow the construction of 28 single family lots where retail/commercial was envisioned. Analysis: Over 20% of the property owners within the 200 foot notification area responded in opposition to this PD Request, and the Planning and Zoning Commission recommended denial, therefore a ¾ (6 out of 7) vote of City Council will be required to approve this request. The applicant, Tommy Cansler, TCCI Land Development, Inc., requested to postpone the public hearing on this request to the June 11, 2013, City Council meeting. On May 14, 2013, City Council opened and continued the public hearing to the June 11, 2013, meeting at the applicant’s request. On March 26, 2013, City Council opened and continued the public hearing to the May 14, 2013, meeting at the applicant’s request. On February 21, 2013, the Planning & Zoning Commission unanimously recommended DENIAL of this rezoning request. Legal Review: This item did not require City Attorney review 2 Fiscal Impact: None Recommendation: The Planning Department recommends Denial Attachments: Request to Table Letter, dated April 18, 2013 Appeal Letter, dated March 6, 2013 Staff Report with Site Plan, Landscape Plan and Screening Wall and Fence Details 1 TCCI LAND DEVELOPMENT INC. 3930 GLADE ROAD – SUITE 108-322 COLLEYVILLE, TEXAS 76034 April 18, 2013 City of Coppell 255 Parkway Coppell, Texas 75019 Att: Matt Steer Re: Preliminary Plat & Zoning Case PD –––– 133R5-SF-7 Magnolia North Addition Mr. Steer, Let this letter serve as my request to postpone the above referenced zoning and preliminary plat case, resechuling it to the June 11, 2013 City Council meeting. Should you have any question or need addition information from me, please contact me. Sincerely, Tommy N. Cansler Tommy N. Cansler TCCI Land Development Inc. Teel LAND DEVELOPMENT INC .. 3930 GLADe ROAD-SUITE 10&-322 COLLEYVillE, TEXAS 76034 MarCh 6, 2013 City of Coppell 255 Parkway CoppelJ, Texas 75019 AU; Matt Steer Re: Zo.nlngCasePD ~133ft5..SF..7 .Magnolia North Addition Mr. Steer. Let this letter serve as my request to appeat the decision of th~PJanningandZonlng for this case to the City Council schedulE,Kj for MarCh 26, 2013. ~hould you have any Question orrteed addition information from me. plea~contactme, Sincerely, Tommy N. Cansler TCCI Land Development Inc. ,3 1 ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-133R5-SF-7, Magnolia North Addition P&Z HEARING DATE: February 21, 2013 C.C. HEARING DATE: March 26, 2013 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: South side of S.H. 121, approximately 260 feet west of North Denton Tap Road SIZE OF AREA: 5.41 acres of property CURRENT ZONING: PD-133-HC (Planned Development-133-Highway Commercial) REQUEST: A zoning change to PD-133R5-SF-7 (Planned Development-133-Revision 5-Single Family-7), to allow the development of 28 single-family lots and three (3) common area lots and to amend the Land Use Map of the Coppell 2030 Comprehensive Master Plan from “Freeway Special District” to “Urban Residential Neighborhood”. APPLICANT: TCCI Land Dev., Inc. OWNER: AMBE Hospitality Group Tommy N. Cansler Amit Patel 3930 Glade Road 2750 Hillview Drive Suite 108-322 Lewisville, TX. 75067 Colleyville, TX. 76034 (469) 688-8224 Email: 111tcci@att.net HISTORY: There has been no recent development activity on the subject tract, although a Planned Development (PD-133) was approved for residential and retail development in 1994. The residential portion (Magnolia Park) has been completed, and the first phase of the retail including the strip ITEM # 6 Page 2 of 3 center that faces Denton Tap and the bank at the corner of Denton Tap and 121 were constructed some time ago. TRANSPORTATION: Denton Tap Road is a P6D, six- lane divided thoroughfare in a 120-foot right- of-way. S. H. 121 is a freeway with one way access roads in 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North: S. H. 121; HC, Highway Commercial South: Magnolia Park residential development; PD-133R-SF-9 single family detached neighborhood East: bank building; PD-133R3-HC; planned development for commercial use West: Magnolia Park residential; PD-133R-SF-9 single family residences COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property being developed as “Freeway Special District” which suggests commercial/retail development. DISCUSSION: This request cannot be supported by staff as it runs counter to a number of sound planning principles. First, it ignores the land use outlined in the Comprehensive Plan which states Freeway Special District as the appropriate land use. Second, it attempts to increase density by providing a sub-standard right-of-way of 30 feet for a 28-lot residential subdivision. Although we were supportive of this reduction in two other developments submitted by this same developer, it should be remembered that those subdivisions were already zoned residential (and had been for several years), they were seven to eight lot projects, and were surrounded by residential development. Third, it does not respect the density of the surrounding residential community, being almost twice the existing density. Fourth, lot sizes are substandard, are 2/3rd the size of the adjacent community and call for reduced side, rear and front yard setbacks. Fifth, the presence of the S. H. 121 service road does not lend itself to residential development. Sixth, when the property to the east of this parcel was developed, an access road was stubbed into this property to accommodate anticipated compatible uses which were envisioned to be office, retail, commercial, as outlined in the Master Plan. Seven, the closest Magnolia Park residence to the west is 50 feet inside lots 1-11 and 28, making the proposed lots unbuildable if comparable setbacks from S. H. 121 are recognized. Finally, the presence of a one-way service road has not discouraged development of the same roadway on the north side of S. H. ITEM # 6 Page 3 of 3 121, nor to the east of this property. This is just the wrong use at the wrong location. Staff strongly recommends denial of this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this case for the numerous reasons stated above. It is the wrong land use, it is too dense, it has inadequate lot size, it does not provide enough buffer from S. H. 121, it does not recognize the existing access points from the east, it ignores the Comprehensive Master 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. Proposed PD Conditions 2. Zoning Exhibit and Site Plan 3. Landscape Plan (Sheets L-1 and L- 2) 4. Screening Wall and Fence Details Propose PD Conditions – Magnolia Park North Addition (2013-02-26) A 5.414 acre tract – Located on Highway 121 North bound service road, south of Denton Tap Present Zoning – Commercial Propose Zoning – PD–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 15 feet *Side Yard - Minimum 5 feet Rear Yard - Minimum 15 feet Lot Area – Minimum 6,000 square feet Average Lot Area for Entire Site – Minimum 6,400 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 - 60 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. 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 all Common Lots and perimeter fences. Lots 1X - 3X 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. Lots 12 - 28 will have no alley access. Garage to be 22 foot set back Street is public, build as shown in the detail on preliminary engineering plans. LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE CLARINDA SQUIRES SURVEY, ABST. NO. 1327, CITY OF COPPELL, DALLAS, COUNTY, TEXAS AND BEING A PORTION OF A CALLED 10.1739 ACREA TRACT OF LAND DESCRIBED IN A DEED TO SCI DENTON TAP, LTD. OF RECORD IN VOL. 99106, PG. 7729, DEED RECORDS, DALLAS, COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN “X” SET FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 121 (VARIABLE WIDTH R.O.W.) AT THE MOST NORTHERN CORNER OF SAID 10.1739 ACREA TRACT; THENCE S 64d57'59" E, ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 121, A DISTANCE OF 957.65 FEET TO A ½” IRON ROD FOR CORNER AT THE MOST NORTHERN CORNER OF LOT 1, BLOCK A, OF THE COMMUNITY CREDIT UNION ADDITION, AN ADDITION TO THE CITY OF COPPELL, ACCORDING TO THE PLAT THEREOF RECORDED IN RECORD IN VOL. 2002160, PG. 21, DEED RECORDS, DALLAS, COUNTY, TEXAS; THENCE S 25d02'01" W, ALONG THE NORTHWEST LINE OF SAID LOT 1, BLOCK A, A DISTANCE OF 250.00 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE MOST WESTERN CORNER THEREOF IN THE NORTHEAST LINE OF A 15 FOOT ALLEY RIGHT-OF-WAY AS SHOWN ON FINAL PLAT OF MAGNOLIA PARK, AN ADDITION TO THE CITY OF COPPELL, DALLAS, COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOL. 98145, PG. 506, DEED RECORDS OF SAID COUNTY, FROM WHICH A ½” IRON ROD FOUND FOR CORNER REFERENCE BEARS N 64d57’59” W, A DISTANCE OF 6.75 FEET; THENCE N 64d57'59" W, ALONG THE NORTHEAST LINE OF SAID ALLEY R.O.W. A DISTANCE OF 882.97 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 68d10’55”, AND A CHORD WHICH BEARS N 30d52’31” W, A DISTANCE OF 44.68 FEET; THENCE, IN A NORTHWESTERLY DIRECTION ALONG SAID CURVING R.O.W., AN ARC DISTANCE OF 47.60 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE END OF SAID CURVE AND THE BEGINNING OF A COMPUND CURVE TO THE RIGHT HAVNG A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 21d49’20” AND A CHORD WHICH BEARS N 14d07’21” E, A DISTANCE OF 200.64 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE, AN ARC DISTANCE OF 201.86 FEET TO A ½” IRON ROD FOUND FOR CORNER AT THE END OF SAID CURVE; THENCE N 25d02’01” E, ALONG A BOUNDARY LINE OF SAID MAGNOLIA PARK A DISTANCE OF 27.85 FEET TO THE POINT BEGINNING AND CONTAINING 5.414 ACRES OF COMPUTED LAND. Cal. SpeciesCanopy NCanopy SCanopy ECanopy WCrown Class% Live CrownConditionPreserve RemoveTHERE ARE NO EXISTING TREES ON THIS SITETREE SURVEYTOTAL CALIPER INCHES 0TOTAL POOR QUALITY CALIPER INCHES 0TOTAL HEALTHY CALIPER INCHES 0TOTAL HEALTHY/PROTECTED CALIPER INCHES 0TOTAL PROTECTED CALIPER INCHES REMOVED 0TOTAL PROTECTED CALIPER INCHES PRESERVED 0PERCENTAGE PROTECTED TREES PRESERVED 0%PRESERVATION CREDIT (36 X 65%) 0REQUIRED MITIGATION (36-23) 0TREE REPLACEMENT CREDITS (9@4" CALIPER) 0NET CALIPER INCHES TO MITIGATE0 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1088 File ID: Type: Status: 2013-1088 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: PD-262-H, Old Town Coppell Deli, Lot 1, Blk AFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change request from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 11. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Color Rendering.pdf, Site Plan.pdf, Landscape Plan (2 Pages).pdf, Elevations.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1088) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Gary Land, 525 Townhouse Ln., representing the applicant, made a presentation to Council. 2) Don Carter, 787 Pelican Ln, spoke against the item. 3) Pat Quinlan, 181 Simmons Rd., spoke against the item. 4) Pete Wilson, 214 Samuel Blvd., spoke against the item. 5) Martha Allison-Blewer, 617 Raven Ln., spoke against the item. 5) Pat Lambert, 764 S. Poydras Ln., Lewisville, spoke against the item. 6) Suzanne Williams, 9014 Silver Dollar Trail, Irving, spoke against the item. 7) Mrs. KW Dezendorf, 468 Shadowcrest Ln., spoke against the item. 8) Cliff Long, 776 Crestview Ct., spoke for and against the item. 9) Jack Rogers, 201 S. Fork, Lewisville, spoke against the parking. Jay Khorrami, applicant, answered questions of Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Tim Brancheau, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Coordinate with the Historic Society to incorporate something from the Coppell Deli in the new development. (Replica awning has been included on west elevation); 3) An eight foot sidewalk is required adjacent to Bethel Road; 4) Coordinate with Waste Management for dumpster location and emptying times; 5) Ensure all mechanical equipment is screened; 6) Include an exhibit of the blade signage indicating color and materials to be used for administrative review prior to permitting; and 7) Coordinate with the Parks Department for existing irrigation locations and responsibilities. The motion passed 6-1 with Councilmember Duncan voting against the motion. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, and Councilmember Marvin Franklin 6Aye: Councilmember Aaron Duncan1Nay: Text of Legislative File 2013-1088 Title PUBLIC HEARING: Consider approval of Case No. PD-262-H, Old Town Coppell Deli, Lot 1, Block A, a zoning change request from H (Historic) to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and to establish a Detail Site Plan for the proposed 1,995-square-foot restaurant/convenience store with a 850-square-foot patio on 9,481 square feet of property located at 449 W. Bethel Road. Summary The following P&Z conditions remain outstanding: 1.There will be additional comments generated upon detailed engineering plan review. 2.Coordinate with the Historic Society to incorporate something from the Coppell Deli in the new development. (replica awning has been included on west elevation) 3.An eight foot sidewalk is required adjacent to Bethel Road. 4.Coordinate with Waste Management for dumpster location and emptying times. Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1088) 5.Ensure all mechanical equipment is screened. 6.Include an exhibit of the blade signage indicating color and materials to be used for administrative review prior to permitting. 7.Coordinate with the Parks Department for existing irrigation locations and responsibilities. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (5-0), subject to the above -stated conditions. Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 3City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: PD-262-H, Old Town Coppell Deli, Lot 1, Block A, to demolish the existing restaurant and to establish a Detail Site Plan for the proposed restaurant/convenience store with a patio on 0.23 acre of property located at 449 W. Bethel Road 2030: Business Prosperity, Sense of Community Introduction: The applicant is requesting a rezoning to allow the demolition of the existing restaurant and the construction of a 1,995-square-foot restaurant/convenience store with an 850-square-foot patio. Analysis: On May 16, 2013, the Planning & Zoning Commission recommended approval of this request, subject to the following conditions: 1. There will be additional comments generated upon detailed engineering plan review. 2. Coordinate with the Historic Society to incorporate something from the Coppell Deli in the new development (replica awning has been included in the west elevation). 3. An eight foot sidewalk is required adjacent to Bethel Road. 4. Coordinate with Waste Management for dumpster location and emptying times. 5. Ensure all mechanical equipment is screened. 6. Include an exhibit of the blade signage indicating color and materials to be used, for administrative review prior to permitting. 7. Coordinate with the Parks Department for existing irrigation locations and responsibilities. Legal Review: This item did not require City Attorney review Fiscal Impact: None 2 Recommendation: The Planning Department recommends Approval Attachments: Staff Report with Color Rendering, Site Plan, Landscape Plan and Elevations ITEM # 15 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-262-H, Old Town Coppell Deli, Lot 1, Block A P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Matthew S. Steer, City Planner LOCATION: 449 W. Bethel Road SIZE OF AREA: 9,481 square feet of property CURRENT ZONING: H (Historic) REQUEST: A zoning change to PD-262-H (Planned Development-262-Historic), to demolish the existing restaurant and allow construction of a 1,995-square-foot restaurant/convenience store with an 850-square-foot patio. APPLICANT: Owner: Architect: Landscape Architect: Jay Khorrami Gary Land Carol Feldman Coppell Deli Gary D. Land Architects Feldman Design Studios 714 Armstrong Blvd 525 Towne House Ln. PO Box 832346 Coppell, TX 75019 Richardson, TX 75081 Richardson, TX 75083 214-734-3604 214-335-5263 972-980-1730 jaydlmnkho@hotmail.com gdland10@hotmail.com carol@feldmandesign.com HISTORY: The original structure was built in the 1940s to serve as a grocery store and service station. Subsequently, a small area was added on to the rear of the building. TRANSPORTATION: Bethel Road is a two-lane roadway that was recently improved with intermittent on- street parallel and angled parking within a variable width right-of-way. Burnet Street is a two-lane local road within an 80-foot right-of-way with perpendicular parking on both sides. SURROUNDING LAND USE & ZONING: North – office & Beauty Salon; H (Historic) South –office and residential; PD-252-H (Planned Development-252-Historic) & H (Historic) East – Replica Minyard Store and Kirkland House (Heritage Park); PD-234-H (Planned Development-234-Historic) West – restaurant; PD-250R8-H (Planned Development-250 Revision 8-Historic) ITEM # 15 Page 2 of 3 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows the property as suitable for development in accordance with the Old Coppell Historic District Special Area Plan. DISCUSSION: This is a request to demolish the existing Coppell Deli and build a new 2,000- square-foot restaurant building with an 850-square-foot patio. The applicant is proposing to build the new restaurant and upon completion, demolish the existing building and create a parking area in its place. The proposed hours of operation are from 6 a.m. to 10 p.m. Sunday through Thursday and 6 a.m. to 12 a.m. Friday and Saturday. Parking: The proposal includes 16 on-site parking spaces, three new parallel spaces to be constructed on the south side of Bethel Road in front of the proposed restaurant and eight existing parking spaces on Burnet Street. These will provide adequate parking to meet the requirements of the Zoning Ordinance which calls for one parking space per 100 square feet of restaurant space and one per 200 square feet of retail space. A condition of the PD calls for the on-site parking spaces to be 17 feet long with a one-foot overhang. The Zoning Ordinance requires a two-foot overhang. Because the site is constrained by the 59-foot width in this area, staff is recommending an exception be granted in this case. Landscaping & Fencing: In an effort to provide sufficient parking, the on-site landscape area is lacking. The applicant is proposing to landscape the areas within the rights-of-way to help make up for the shortfall. The same Landscape Architect that designed the adjacent development has prepared this plan and is proposing to use the same plants and materials as the adjacent development (Cedar Elm, Shumard Oak, Coralberry, Rosemary, Knockout Rose, Liriope, New Mexico River Rock, etc.). The applicant is proposing a 6-inch black decorative metal fence abutting the Allstate Office to the southwest and a 6-foot board on board wood fence with trim cap adjacent to the residence on the southeast. A masonry wall is required by the Zoning Ordinance, and the wood fence is a requested condition of the PD. Staff can support this request. Building Orientation, Materials & Signage: The proposed building is fronting on both Bethel and South Coppell Roads. The gable roof faces both to the east and west, Coppell Road and Burnet Street, respectively. An 850-square-foot covered patio directly abuts the proposed sidewalk on W. Bethel Road. There is a 3-foot masonry wall separating the patio area from the sidewalk due to TABC requirements. The patio will create some outdoor activity just off Bethel Road and contribute to the Old Town area as a whole. The applicant has agreed to add an entry gate directly from the proposed sidewalk on Bethel Road to create a more inviting, pedestrian-friendly environment, one of the overall goals of the H District. This will need to be reflected on the elevations and is listed as a condition of approval. The proposed primary building materials are white horizontal siding and a buff color stacked stone. Grey standing seam metal and grey asphalt composition shingles are proposed as the roofing materials. A blue grey paint will be used as the accent color around the windows, doors and trim, as depicted in the rendering. The ITEM # 15 Page 3 of 3 colors are required to be labeled on the elevation sheet and this is listed as a condition of approval. The proposed signage is hanging and externally illuminated, in scale with the building and appropriate for the district. Staff is recommending approval subject to the conditions listed below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions being met: 1. There will be additional comments generated upon detailed engineering plan review. 2. Coordinate with the Historic Society to incorporate something from the Coppell Deli in the new development. 3. An eight foot sidewalk is required adjacent to Bethel Road. 4. Coordinate with Waste Management for dumpster location and emptying times. 5. Provide enclosure details on elevation sheet. 6. Add a gated entry from the Bethel Road sidewalk directly to the patio on the elevations. 7. Ensure all mechanical equipment is screened. 8. Label all colors on the black and white elevations. Include an exhibit of the blade signage indicating color and materials to be used. 9. Coordinate with the Parks Department for existing irrigation locations and responsibilities. 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. Landscape Plan 4. Elevations 0'9/':+%14+8'441%- -1 -1 -1 -1 -1 415'/#4; %14#.$'44; /':+%#0('#6*'4)4#55 &'5'469+..19 5#.8+#)4'))+2+0- $17.&'4 .+0&*'+/'4/7*.; 415'/#4; /':+%#0('#6*'4)4#55 -01%-176415'2+0- $'4/7&# )4#55674( $'4/7&# )4#55674( 5*7/#4&4'&1#- $'4/7&# )4#55674( .+4+12'1% .+4+12'1% 8+5+$+.+6; 64+#0).' (174 0'48'&#+5; .+4+12' %''./ 4116$#44+'4 5''&'6#+. 4116$#44+'4 5''&'6#+. ;#7210*1..; 5*7/#4& 4'&1#- %''./ .+4+12' 2+0-5-7..%#2 ':+56+0)%' './61$' 4'/18'& ;#7210*1..; 2412'46;.+0' $'4/7ʢ()4#55 8+5+$+.+6;64+#0).'8+5+$+.+6;64+#0).' %10%4'6'5+&'9#.-('.&/#0&'5+)0567&+15LANDSCAPE PLANNEW COPPELL DELI449 BETHEL ROADCOPELL, TEXASSHEET NO.21$QZ4KEJCTFUQP6GZCU2JQPG Á(CZ ÁKPHQ"HGNFOCPFGUKIPEQOScale: 1" = 10' PLANTING PLAN Jurisdiction of Project Owner & Professionals Information OWNER ARCHITECT GARY D. LAND DALLAS, TEXAS 214-335-5263 LANDSCAPE ARCHITECT CAROL FELDMAN FELDMAN DESIGN STUDIOS P.O. BOX 832346 RICHARDSON, TEXAS 75083 972.980.1730 Landscaping Requirements Irrigation Requirements Site Location DRAWING KEY PLANT & MATERIAL LIST REGULATORY AUTHORITIES: CITY OF COPPELL PLANNING & ZONING 255 PARKWAY BLVD. PO BOX 9478 COPPELL, TX 75019 972 304-7092 TEXAS DEPARTMENT OF LICENSING AND REGULATION ELIMINATION OF ARCHITECTURAL BARRIERS E.O. THOMPSON STATE OFFICE BUILDING 920 COLORADO AUSTIN, TEXAS 78701 (512) 463-3211 (512) 475-2886 (FAX) CITY OF COPPELL LANDSCAPE REQUIREMENTS ARTICLE 34. LANDSCAPE REGULATIONS A. INTERIOR PARKING 1. 10% OF TOTAL PARKING (4,400 SF) IN LANDSCAPING. REQUIRED: 440 SF. PROVIDED: 177 SF. 2. 1 TREE PER 400 SF OF REQUIRED LANDSCAPING REQUIRED: 1 TREES PROVIDED: 1 TREES B. PERIMETER LANDSCAPING 1. 15' ADJACENT TO STREET PROPERTY LINES + 10' ADJACENT TO INTERIOR PROPERTY LINES REQUIRED: 4,735 SF PROVIDED: 2,149 SF 2. SCREENING OF OFF STREET PARKING BURNETT ST: LIVING BARRIER PROVIDED 3. 1 TREE PER 50 LIN FT. BURNETT ST. (82 LF) BETHEL ST. (130 LF) SO. COPPELL RD (40 LF) TOTAL = 252 LF REQUIRED: 5 TREES PROVIDED: 6 TREES (4 ARE IN R.O.W.) C. LANDSCAPING OF NON-VEHICULAR SPACE (6,636 SF) 1. FEATURE LANDSCAPING -15% OF NON-VEHICULAR SITE MINUS BLDGS. REQUIRED: 995 SF PROVIDED: 1084 SF (PARTIALLY LOCATED IN R.O.W.) 2. TREE COVERAGE 30-49% OF NON VEHICULAR SITE - 1 TREE PER 3,000 SF REQUIRED: 3 TREES PROVIDED: 6 TREES (4 ARE IN R.O.W.) D. LANDSCAPE DOES NOT OBSTRUCT TRAFFIC VISIBILITY. E. NO EXISTING TREES ON SITE. NOTE: CLIENT IS CONTRIBUTING STREET LANDSCAPING TOWARD REQUIRED LANDSCAPING. TOTAL LANDSCAPE CONTRIBUTED: 1430 S.F. UNDERGROUND AUTOMATIC SPRINKLING SYSTEM PROVIDED. SYSTEM DESIGNED AND INSTALLED ACCORDING TO TCEQ LAWS AND REGULATIONS PROVIDING FOR 100% COVERAGE ON ALL LANDSCAPE AND TURF. THE SYSTEM SHALL INCLUDE A FREEZE-RAIN SENSOR. (14/5#7%'49+6* ':+56+0)61251+. 2.#065*47$9+6*6121(4116$#.. .'8'.9+6*':+56+0))4#&' 5*4'&&'&/7.%* $#%-(+..9+6*14+)+0#.51+.9#6'4 6*1417)*.;614'/18'#+421%-'65 016615%#.' 5*47$ 140#/'06#.)4#552.#06+0)&'6#+. 2.#065*47$9+6*6121( 4116$#...'8'.9+6* ':+56+0))4#&'5*4'&&'&/7.%* ':+56+0))4#&' 2.#06+0616+..'& #0&#/'0&'&51+. 016' (144116Á$170&2.#065 .115'041165#6176'4'&)' 016615%#.' 2'4'00+#.2.#06+0)&'6#+. 1. ² ³ ²³ ³ ²³ ³ %10%4'6'$#%-1(%74$ #6564''62#4-+0)14 5+&'9#.-4#/2 &'26*&7#.274215'4116#0&9#6'4 $#44+'4 %'0674;241&7%6575#/1&'.%4Á2' Á14'37+8#.'06#5#22418'&$;190'4 64'' #5 2'42.#0 )4170&%18'4 145*47$5 #5 2'42.#0 5+&'9#.-14 16*'42#8+0) 51+. 5'66121(4116 $#44+'4 $'.196121( %10%4'6'%74$ 64''56#2.'Á65 (14#%#.64'' 5+<'#5#224124+#6'(1464''5+<' 99964''56#2.'+0%%114'37+8#.'06#5 #22418'&$;190'4 .10)2410)Á1765+&' 4116$#..#0&5'%74'& +06170&+5674$'&51+. 5*1462410)Á5'%74'& +061614116$#.. 4116$#.. 64''6470- 016' 2.#%'64''56#2.'5 105176*#0&0146*5+&'5 1(4116$#.. 016' 014'/18#.1(64'' 56#2.'54'37+4'& :4116$#..9+&6* (14/5#7%'49+6* ':+56+0)61251+. $#%-(+..9+6*14+)+0#.51+.9#6'4 6*1417)*.;614'/18'#+421%-'65 2.#0664''9+6*4116(.#4'.'8'. 9+6*(+0+5*'&)4#&' %76412'5#66121(4116$#.. 4'/18'6121($74.#2 #0&#..9+4'#0&16*'4 010Á$+1&')4#&#$.'/#6'4+#. 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Z4#+. :*'#&'4 18'4.#21(:2+%-'65 :56+4+0)'4 /#:)4#&'%*#0)'2'4.+0(6Á('.&/#0&'5+)0567&+15LANDSCAPE DETAILSSHEET NO.21$QZ4KEJCTFUQP6GZCU2JQPG Á(CZ ÁKPHQ"HGNFOCPFGUKIPEQOScale: 3/8" = 1' ROOT BARRIER DETAIL1 Scale: 1/2" = 1' TREE STAPLE DETAIL3 Not to Scale TREE PLANTING2 Not to Scale PLANTING DETAILS4 NEW COPPELL DELI449 BETHEL ROADCOPELL, TEXASScale: 1/2" = 1' WOOD FENCE DETAILS6 Scale: 1/2" = 1' IRON FENCE DETAILS5 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1089 File ID: Type: Status: 2013-1089 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Old Town Coppell Deli Addition, Lot 1, Blk A, MPFile Name: Title: Consider approval of the Old Town Coppell Deli Addition, Lot 1, Block A, Minor Plat, to allow the construction of a 1,995-square-foot restaurant/convenience store with a 850-square-foot patio located on 9,481 square feet of property located at 449 W. Bethel Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 12. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Plat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; and 2) Ensure sidewalk easement is adequately depicted on plat. The motion passed 6-1 with Councilmember Duncan voting against the motion. At this time, Council took a ten minute break at 10:03 p.m. Mayor Hunt reconvened the Regular Session at 10:16 p.m. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, and Councilmember Marvin Franklin 6Aye: Councilmember Aaron Duncan1Nay: Text of Legislative File 2013-1089 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1089) Title Consider approval of the Old Town Coppell Deli Addition, Lot 1, Block A, Minor Plat, to allow the construction of a 1,995-square-foot restaurant/convenience store with a 850-square-foot patio located on 9,481 square feet of property located at 449 W. Bethel Road. Summary The following P&Z conditions remain outstanding: 1.There will be additional comments generated upon detailed engineering plan review. 2.Ensure sidewalk easement is adequately depicted on plat. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this MINOR PLAT (5-0), subject to the above-stated conditions. Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Old Town Coppell Deli Addition, Lot 1, Block A, Minor Plat, to establish necessary easements to allow the construction of a restaurant/convenience store with a patio to be located at 449 W. Bethel Road 2030: Business Prosperity, Sense of Community Introduction: This property needs to be platted to allow the demolition of the existing restaurant and the construction of a 1,995-square-foot restaurant/convenience store with an 850-square-foot patio on 9,481 square feet of property. Analysis: On May 16, 2013, the Coppell Planning & Zoning Commission recommended approval of this request, subject to the following conditions: 1. There will be additional comments generated upon detailed engineering plan review. 2. Ensure sidewalk easement is adequately depicted on the plat. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with Minor Plat ITEM # 16 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Old Town Coppell Deli Addition, Lot 1, Block A, Minor Plat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Matthew S. Steer, City Planner LOCATION: 449 W. Bethel Road SIZE OF AREA: 9,481 square feet of property CURRENT ZONING: H (Historic) REQUEST: A minor plat to allow the construction of a 2,774-square-foot restaurant/convenience store with a 468-square-foot patio. APPLICANT: Owner: Architect: Surveyor: Jay Khorrami Gary Land Michael Doyle Coppell Deli Gary D. Land Architects B&D Surveying, Inc. 714 Armstrong Blvd. 525 Towne House Ln. PO Box 293264 Coppell, TX 75019 Richardson, TX 75081 Lewisville, TX 75029 214-734-3604 214-335-5263 972-221-2838 jaydlmnkho@hotmail.com gdland10@hotmail.com bandsurveying@verizon.net HISTORY: The original structure was built in the 1940s to serve as a grocery store and service station. Subsequently, a small area was added on to the rear of the building. TRANSPORTATION: Bethel Road is a two-lane roadway that was recently improved with intermittent on- street parallel and angled parking within a variable width right-of-way. Burnet Street is a two-lane local road within an 80-foot right-of-way with perpendicular parking on both sides. SURROUNDING LAND USE & ZONING: North – office & Beauty Salon; H (Historic) South –office and residential; PD-252-H (Planned Development-252-Historic) & H (Historic) East – Replica Minyard Store and Kirkland House (Heritage Park); PD-234-H (Planned Development-234-Historic) West – restaurant; PD-250R8-H (Planned Development-250 Revision 8-Historic) ITEM # 16 Page 2 of 2 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows the property as suitable for development in accordance with the Old Coppell Historic District Special Area Plan. DISCUSSION: This is the companion request to the Planned Development-262-H, Old Town Coppell Deli. The plat shall reflect all existing and proposed easements. Staff is recommending approval of this case subject to these being depicted. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 1, Block A, Old Town Coppell Deli, subject to the following conditions: 1. There will be additional comments generated upon detailed engineering plan review. 2. Depict all existing and proposed easements on the plat. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Minor Plat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1090 File ID: Type: Status: 2013-1090 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: PD-108R11-H, Old Town (Main St), PH IIFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-108R11-H, Old Town (Main Street), Phase II, a zoning change request from PD -108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development-108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center. Notes: Agenda Date: 06/11/2013 Agenda Number: 13. Sponsors: Enactment Date: Cover Memo, Staff Report.pdf, Site Plan (3 Pages).pdf, Landscape Plan (3 Pages).pdf, Tree Survey.pdf, Typical Elevations (4 Pages).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1090) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Mike Glenn, 105 Decker Court Ln., representing the applicant. 2) Janis Wilson Arthur, 708 S. Coppell Road., spoke against the item. Charles Cotton, applicant, answered questions of Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; 2) Park Development fees are $1,285 per unit; 3) Tree Removal Permit is required prior to the start of construction; and 4) Include details of masonry wall. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1090 Title PUBLIC HEARING: Consider approval of Case No. PD-108R11-H, Old Town (Main Street), Phase II, a zoning change request from PD-108R8-H (Planned Development-108 Revision 8-Historic) and PD-108R10-H (Planned Development -108 Revision 10-Historic), to PD-108R11-H (Planned Development-108 Revision 11-Historic), to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center. Summary The following P&Z conditions remain outstanding: 1.There will be additional comments during detailed engineering plan review. 2.Park Development fees are $1,285 per unit. 3.Tree Removal Permit is required prior to the start of construction. 4.Include details of masonry wall. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (5-0), subject to the above -stated conditions. Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1090) Sense of Community Special Place to Live Page 3City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: PD-108R11-H, Old Town (Main Street), Phase II, to establish a Detail Site Plan for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center 2030: Business Prosperity, Sense of Community, Special Place to Live Introduction: The applicant is requesting a rezoning to allow the construction of the second phase of the patio homes that are currently being developed on the west side of Coppell Road. Analysis: On May 16, 2013, the Planning & Zoning Commission recommended approval of this request, subject to the following conditions: 1. There will be additional comments during detailed engineering plan review. 2. Park Development fees are $1,285 per unit. 3. Tree Removal Permit is required prior to the start of construction. 4. Include details of masonry wall. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with Site Plan, Landscape Plan, Tree Survey and Typical Elevations ITEM # 13 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-108R11-H, Old Town (Main Street), Phase II P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: NEC of South Coppell Road & the drive leading to the Service Center SIZE OF AREA: 8.64 acres of property CURRENT ZONING: PD-108R8-H (Planned Development-108 Revision 8-Historic) REQUEST: A zoning change to PD-108R11-H (Planned Development-108 Revision 11- Historic), to allow the construction of 64 patio-home lots and five common area lots. APPLICANT: Developer: Engineer: Charles Cotton Mike Glenn CSE Commercial Real Estate, Ltd. Glenn Engineering Corp. 4956 N. O’Connor Road 105 Decker Ct, Suite 910 Irving, TX 75062 Irving, TX 75062 (469) 417-0102 (972) 717-5151 Charles@csecre.com cmglenn@glennengineering.com HISTORY: Overall, this property has had a long history of development proposals. Prior to 1973, the majority of land between Denton Tap and Coppell Roads, north of the Cotton Belt Railroad (now DART right-of-way) and south of Bethel Road, was zoned SF-7 and SF- 10. In March of 1973 approximately 100 acres was zoned for Commercial and Planned Development for a Family Entertainment Center, similar to Sandy Lake Park, at the request of the owner shown to be Coppell Historical Corporation. That proposal was never constructed. In January of 1991, 115 acres including the 100 acres just mentioned was reclassified to Planned Development-Light Industrial at the request of Centre Development Co., representing the Baptist Foundation of Texas, as owner. That plan showed commercial, office and light industrial uses surrounding park land and an extension branch of Texas A&M University. That plan never materialized, and in January of 1997, the Baptist Foundation sold 21 acres of this property for residential development-Summit at the Springs, a 55-lot single-family subdivision. In August of 1998, Council approved a ten-acre, 23-lot residential subdivision on part of the remaining Baptist Foundation property known as The Reserve. In June of 1999, City Council denied a zoning request for 102 single-family residential lots on 37 acres on the western portion of the remaining Foundation property adjacent to Coppell Road. Sometime later, ITEM # 13 Page 2 of 4 the city purchased the land for future city uses, including park, open space and public facility possibilities. At about that same time, First Baptist Church of Coppell purchased 20 acres of Baptist Foundation property at the corner of Denton Tap and Bethel Roads. That property has since been sold to Toll Brothers for a 53-lot residential subdivision. In December of 2000, Council approved a plan for the Coppell Service Center on 7.5 acres, which has subsequently been constructed, and in June of 2005, approved a two-phase medical complex on 3.2 acres of property along Bethel Road. Phase I of the medical complex has been constructed and occupied. In August 2007, Council approved an 11-acre development along the east side of S. Coppell Road, including a conference center, retail/office/boutique hotel use and a pet care facility. This development was never constructed and the property was sold back to the City of Coppell. The northern five lots of this property are proposed to be replatted with this proposal. In October 2007, Council approved the Grapevine Springs Community Center on the property directly to the east (70 feet of which is proposed to be replatted with this proposal). TRANSPORTATION: Coppell Road, south of Bethel Road, that some of the proposed housing will front upon, is a two-lane, improved, 36-foot wide concrete street with angled parking within a 90-foot right-of-way. SURROUNDING LAND USE & ZONING: North: residential; H (Historic) South: vacant; PD-108R8-H (Planned Development-108 Revision 8- Historic) East: Grapevine Springs Community Center; PD-108R10-H (Planned Development-108 Revision 10-Historic) West: residential; PD-250R-H (Planned Development-250 Revised-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. DISCUSSION: This is a detailed development plan for the property on the east side of South Coppell Road across from the patio homes currently under development by Darling Homes. CSE Commercial is purchasing the land from the city and proposing a similar product as is under construction across the road; hence, the subdivision is being called Main Street Phase II and will look like a continuous development. As seen across the road, narrow lots, rear entry garages, minimal setbacks, front porches, a mixture of building materials, all serve to create a special image for this portion of Old Coppell. A sample of typical elevations that will be built is attached. The patio homes fronting on S. Coppell Road and the west side of Cameron Court will be an identical product as is being built today (east side of S. Coppell Road). Lot sizes are basically 30 feet in width by 95 to 100 feet in depth. Residences are proposed to be two-story units with two-car rear-entry garages, and could reach 60% lot coverage. A total of thirteen parking spaces have been provided in two locations, fulfilling the projected guest parking demands of the narrow lots on the west side of Cameron Court, those without sufficient on-street guest parking. ITEM # 13 Page 3 of 4 On the east side of proposed Cameron Court, larger front-entry homes are planned. These lots have 60 to 70-foot lot widths and 105-foot lot depths and approach 50% coverage. These lots will back onto the Grapevine Community Center property. There will be five different elevations from which to choose, including one-story and two-story units. Three of the typical elevations have been provided within the attachments. An overall landscape plan has also been included for the landscaping of the common area lots and streetscaping along South Coppell Road. In addition to one, 3-caliper-inch overstory tree proposed for each lot, a total of 15 overstory trees (eight Shumard Oak, four Live Oak, three Cedar Elm) are proposed within the common areas and landscape islands on S. Coppell Road. Lot 1X, Block A, abuts the existing Service Center drive and will have a 6-foot board on board fence with trim cap for screening purposes. There is a gate proposed in this location to provide emergency vehicles an exit in the event there is an emergency. The drive is constructed of grass-crete allowing grass to penetrate and will only be used when necessary. The applicant has agreed to provide a 6-foot masonry wall along the southeast property line to screen from the Coppell Service Center, a higher intensity nonresidential use. The plans will need to be revised, as an 8- foot wood fence is currently depicted. Common Area Lot 4X is proposed to be used as an access point, or “trail head” leading from this development through the Grapevine Community Center property to Grapevine Springs park. The applicant will need to coordinate with the Parks Department for timing and trail creation. A 6-foot wood fence is shown on the northern property line adjacent to the Old Town Medical Center parking lot. Typically, a masonry wall would be required, but staff can recommend granting an exception because of the light intensity of this office use. In addition, all fencing visible on the pad sites will be decorative metal creating an openness to the overall development, very important with the minimal yards in this project. There are a total of 499 caliper-inches of trees protected on site, 427 caliper- inches of which are proposed to be removed. After the 14% preservation credit is applied, as allowed by ordinance, 367 caliper inches are required to be mitigated ($36,700). The applicant is requesting a variance to the tree preservation requirements and the asking that the trees being planted in the common areas and on each of the lots be contributed toward this amount. All-in-all, this proposal meets the objectives of the Old Coppell Plan, and we can support this application, provided the tree mitigation/retribution issue is resolved at Council. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-108R11-H, subject to the following conditions being met: 1. There will be additional comments during detailed engineering plan review. 2. Lot 1, Block A Grapevine Springs Community Center be replatted to reflect the new boundary created by this proposal. 3. Park Development fees are $1,285 per unit. 4. Tree Removal Permit is required prior to the start of construction. 5. Revise the wood fence on the southeast property line to reflect masonry and show details. ITEM # 13 Page 4 of 4 6. Label the proposed alley running east/west on the north end of the property as a fire lane/mutual access easement. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Landscape Plan 3. Tree Survey 4. Typical Elevations 1 (1160.60'6 (172.41'6 :86.20'6 (198.26'6 :720.34'1 :70.00'6 :50.02'1 :15.00'6 :256.35'1 :285.00'GrasscreteFirelaneFire DepartmentGate withKnox BoxExisting Access Road 90' R.O.W.6 :1 :69.87'C1141.68'L16 (172.25'678926212024222325101114151613181719512342PD-108R11-H PHASE II COPPELL, TEXAS OLD TOWN (MAIN STREET)T1TREE SURVEYTREE TAGNUMBERCOMMONNAMEGENUSSPECIESDIAMETERDBHCONDITION2American ElmUlmas americana32Fair324Good4185SugarberryCeltis laevigata96American ElmUlmas americana207Red CedarJuniperus virginiana218American ElmUlmas americana24Poor9PecanCarya illinoinensis4010American ElmUlmas americana31Poor11American ElmUlmas americana23121213PinePinus taeda2514161512162017American ElmUlmas americana21Fair18American ElmUlmas americana25Fair19American ElmUlmas americana1920212223242526FairPecanCarya illinoinensisPecanCarya illinoinensisPecanCarya illinoinensis26PecanCarya illinoinensis18PecanCarya illinoinensis25PecanCarya illinoinensis20PecanCarya illinoinensis25PecanCarya illinoinensis20PecanCarya illinoinensis28PecanCarya illinoinensisPecanCarya illinoinensisPecanCarya illinoinensisRed CedarJuniperus virginianaEXISTING TREE LISTSTATUSRemainRemoveRemoveRemoveRemoveRemoveRemoveRemainRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveRemoveGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodGoodTOTAL PROTECTED TREES ON SITETOTAL POOR QUALITY PROTECTED TREES TOTAL HEALTY PROTECTED TREES ON SITE TOTAL PROTECTED TREES REMOVEDTOTAL PROTECTED TREES PRESERVED REQUIRED MITIGATION TREE REPLACEMENT CREDITS 64 LOTS @ 3" = 192 IN. COMMON AREA = 45 IN. NET CALIPER INCHES TO MITIGATE594 IN.554 IN.55 IN. 499 IN. 427 IN.72 IN. 427 IN. 237 IN. -23 IN.As it is the desire of the City to develop a more dense product on this property tobe consistent with the Urban environment for Old Town Coppell, we would alsorequest a variance as to the Tree ordinance as ĨŽůůŽǁƐ͗ Include replacement treesinstalled on each developed residential lot; exclude all unprotected treesregardless of caliper; provide a tree replacement credit to reduce requiredreparation by 50% pursuant to city managers determination under section12-34-2-13 (B) and 12-34-2-13 (A) (3), the key issue being section 12-34-2-13 (B) (3)(a) regarding Intensity/use of the development.PRESERVATION CREDIT (50%)213 IN.REQUIRED MITIGATION ( 427 - 213 )214 IN. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1091 File ID: Type: Status: 2013-1091 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Old Town (Main St) PH II, RPFile Name: Title: PUBLIC HEARING: Consider approval of the Old Town (Main Street) Phase II, Replat, being a replat of Lots 1-5, Block A, Villages of Old Coppell and a portion of Lot 1, Block A, Grapevine Springs Community Center into 64 residential lots and four common area lots on 8.64 acres of property located at the northeast corner of South Coppell Road and the drive leading to the Service Center. Notes: Agenda Date: 06/11/2013 Agenda Number: 14. Sponsors: Enactment Date: Cover Memo, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1091) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised no one signed up to speak. A motion was made by Councilmember Wes Mays, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Park Development fees are $1,285 per unit; 3) A Tree removal permit is required prior to the start of construction; 4) A replat is needed for Grapevine Springs Community Center; 5) Replat of proposed Lot 14, Block A into the Coppell Service Center plat is needed; and 6) Submit HOA documents showing maintenance responsibilities of common areas, walls, and fences. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1091 Title PUBLIC HEARING: Consider approval of the Old Town (Main Street) Phase II, Replat, being a replat of Lots 1-5, Block A, Villages of Old Coppell and a portion of Lot 1, Block A, Grapevine Springs Community Center into 64 residential lots and four common area lots on 8.64 acres of property located at the northeast corner of South Coppell Road and the drive leading to the Service Center. Summary The following P&Z conditions remain outstanding: 1.There will be additional comments generated upon detailed engineering plan review. 2.Park Development fees are $1,285 per unit. 3.A Tree removal permit is required prior to the start of construction. 4.A replat is needed for Grapevine Springs Community Center. 5.Replat of proposed Lot 14, Block A into the Coppell Service Center plat is needed. 6.Submit HOA documents showing maintenance responsibilities of common areas, walls, and fences. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this REPLAT (5-0), subject to the above -stated conditions. Commissioners Goodale, Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1091) Sense of Community Special Place to Live Page 3City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Old Town (Main Street), Phase II, a replat for 64 patio-home lots and four common area lots on 8.64 acres of property located on the northeast corner of South Coppell Road and the drive leading to the Service Center 2030: Business Prosperity, Sense of Community, Special Place to Live Introduction: This property needs to be replatted from 5 Lots (Villages of Old Coppell Addition) and a portion of the Grapevine Springs Community Center plat into 64 residential and 4 common area lots to allow the construction of the second phase of the patio homes that are currently being developed on the west side of Coppell Road. Analysis: On May 16, 2013, the Planning & Zoning Commission recommended approval of this request, subject to the following conditions: 1. There will be additional comments generated upon detailed engineering plan review. 2. Park Development fees are $1,285 per unit. 3. A Tree removal permit is required prior to the start of construction. 4. A replat is needed for Grapevine Springs Community Center. 5. Replat of proposed Lot 14, Block A into the Coppell Service Center plat is needed. 6. Submit HOA documents showing maintenance responsibilities of common areas, walls, and fences. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval 2 Attachments: Staff Report with Replat ITEM # 14 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Old Town (Main Street) Phase II, Replat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: NEC of South Coppell Road and the drive leading to the Service Center SIZE OF AREA: 8.64 acres of property CURRENT ZONING: PD-108R8-H (Planned Development-108 Revision 8-Historic) REQUEST: A replat of Lots 1-5, Block A, Villages of Old Coppell into 64 residential lots and five common area lots. APPLICANT: Developer: Engineer: Charles Cotton Mike Glenn CSE Commercial Real Estate, Ltd. Glenn Engineering Corp. 4956 N. O’Connor Road 105 Decker Ct, Suite 910 Irving, TX 75062 Irving, TX 75062 (469) 417-0102 (972) 717-5151 Charles@csecre.com cmglenn@glennengineering.com HISTORY: Overall, this property has had a long history of development proposals. Prior to 1973, the majority of land between Denton Tap and Coppell Roads, north of the Cotton Belt Railroad (now DART right-of-way) and south of Bethel Road, was zoned SF-7 and SF- 10. In March of 1973 approximately 100 acres was zoned for Commercial and Planned Development for a Family Entertainment Center, similar to Sandy Lake Park, at the request of the owner shown to be Coppell Historical Corporation. That proposal was never constructed. In January of 1991, 115 acres including the 100 acres just mentioned was reclassified to Planned Development-Light Industrial at the request of Centre Development Co., representing the Baptist Foundation of Texas, as owner. That plan showed commercial, office and light industrial uses surrounding park land and an extension branch of Texas A&M University. That plan never materialized, and in January of 1997, the Baptist Foundation sold 21 acres of this property for residential development-Summit at the Springs, a 55-lot single-family subdivision. In August of 1998, Council approved a ten-acre, 23-lot residential subdivision on part of the remaining Baptist Foundation property known as The Reserve. In June of 1999, City Council ITEM # 14 Page 2 of 3 denied a zoning request for 102 single-family residential lots on 37 acres on the western portion of the remaining Foundation property adjacent to Coppell Road. Sometime later, the city purchased the land for future city uses, including park, open space and public facility possibilities. At about that same time, First Baptist Church of Coppell purchased 20 acres of Baptist Foundation property at the corner of Denton Tap and Bethel Roads. That property has since been sold to Toll Brothers for a 53-lot residential subdivision. In December of 2000, Council approved a plan for the Coppell Service Center on 7.5 acres, which has subsequently been constructed, and in June of 2005, approved a two-phase medical complex on 3.2 acres of property along Bethel Road. Phase I of the medical complex has been constructed and occupied. In August 2007, Council approved an 11- acre development along Coppell Road, including a conference center, retail/office/boutique hotel use and a pet care facility. This development was never constructed and the property was sold back to the City of Coppell. The northern five lots of this property are proposed to be replatted with this proposal. In October 2007, Council approved the Grapevine Springs Community Center on the property directly to the east (70 feet of which is proposed to be replatted with this proposal). TRANSPORTATION: Coppell Road, south of Bethel Road, that some of the proposed housing will front upon, is a two-lane, improved, 36-foot wide concrete street with angled parking within a 90-foot right-of-way. SURROUNDING LAND USE & ZONING: North: residential; H (Historic) South: vacant; PD-108R8-H (Planned Development-108 Revision 8- Historic) East: Grapevine Springs Community Center; PD-108R10-H (Planned Development-108 Revision 10-Historic) West: residential; PD-250R-H (Planned Development-250 Revised-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. DISCUSSION: This is the companion request to PD-108R11-H, Old Town (Main Street) Phase II. Only a few outstanding conditions remain. The city will be responsible for the replatting of the Service Center and Grapevine Springs properties. There are a few standard comments that relate to additional engineering comments, park development fees, tree removal permit and HOA/POA documents that tract with virtually every residential development. A drafting condition relates to property dimensions that are not currently shown. These dimensions are dependent upon a revision to the boundary survey defining the property to be sold. Staff recommends approval subject to these conditions being addressed. ITEM # 14 Page 3 of 3 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Old Town (Main Street) Phase II Replat, subject to the following conditions: 1. There will be additional comments generated upon detailed engineering plan review. 2. Park Development fees are $1,285 per unit. 3. A Tree removal permit is required prior to the start of construction. 4. A replat is needed for Grapevine Springs Community Center. 5. Replat of proposed Lot 14, Block A into the Coppell Service Center plat is needed. 6. Submit POA documents showing maintenance responsibilities of common areas, walls, and fences. 7. Include all property dimensions on plat, including corner clips. 8. Label the proposed alley running east/west on the north end of the property as a fire lane/mutual access easement. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1100 File ID: Type: Status: 2013-1100 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Blk LFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change request from PD -149-SF-7 (Planned Development-149-Single Family-7) to PD-149R2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive. Notes: Agenda Date: 06/11/2013 Agenda Number: 15. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Site Plan Amendment Exhibit.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Presentation: Gary Sieb, DIrector of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Gary Roden, to close the Public Hearing and approve the Agenda Item. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1100 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1100) Title PUBLIC HEARING: Consider approval of Case No. PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L, a zoning change request from PD -149-SF-7 (Planned Development-149-Single Family-7) to PD-149R2-SF-7 (Planned Development -149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition at 729 Bella Vista Drive. Summary There are no outstanding P&Z conditions. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0). Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc The own existing r Analysis On May this reque Legal Re This item Fiscal Im None Recomm The Plan Attachm Staff Rep Mayo Gary L June 1 ce: PD-14 reduce proper Speci ction: ner of this p residence wh s: 16, 2013, th est. All of P eview: m does not re mpact: mendation: nning Depart ments: port with Sit r and City C L. Sieb, Dire 11, 2013 49R2-SF-7, e the requir rty located a al Place to L property desi hich encroac he Planning Planning and equire legal r tment recom te Plan Amen MEM Council ector of Plan Vistas of C red rear yar at 729 Bella Live ires to const ches on the r & Zoning C d Zoning Com review. mmends Appr ndment Exh 1 MORANDU nning Coppell 1A, rd setback f Vista Drive truct a 288- required rear Commission mmission co roval ibit UM , Lot 2, Blo from 20 fee -square-foot r yard setbac unanimousl onditions hav ock L, to a et to 14 fee addition to ck. ly recomme ve been addr amend the P et, six inche the rear of nded approv ressed. PD to es on f their val of ITEM # 4 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-149R2-SF-7, Vistas of Coppell 1A, Lot 2, Block L P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 729 Bella Vista Drive SIZE OF AREA: One 50 by 105 foot (5,250 square feet) residential lot. CURRENT ZONING: PD-149-SF-7 (Planned Development-149-Single Family-7) REQUEST: A zoning change to PD-149 Revision 2-SF-7 (Planned Development-149 Revision 2-Single Family-7), to allow a 5.25-foot encroachment over the required 20-foot rear building setback line, for the construction of a 288-square-foot addition to an existing residence. APPLICANT: Mr. Jayanth Ramani 729 Bella Vista Drive Coppell, TX. 75019 (972) 459-4765 Cell: (469) 585-4275 Email: jaysita@yahoo.com HISTORY: There has been no zoning history on this particular lot, although the subdivision of which this lot is a part was zoned Planned Development for reduced size residential construction (PD-149-SF-7) in May of 1996. At that time the developer had asked for single-family and apartment development on the entire 79-acre parcel. The Council approved the residential request and denied the apartment proposal. The property was eventually developed with all single family lots ranging in size from 5500 square feet to over 9000 square feet. ITEM # 4 Page 2 of 2 TRANSPORTATION: Bella Vista Drive is a typical residential street—50 feet of right-of-way, 27 feet of concrete pavement with sidewalks on both sides of the street. SURROUNDING LAND USE & ZONING: North: residential; PD-149-SF-7 in Coppell, City of Lewisville north of Highway 121 South: single family residences immediately adjacent, Andrew Brown Park south of levee; PD-149-SF and TC, Town Center East: single family residences; PD-149-SF-7 West: single family residences; PD-149-SF-7 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as appropriate for its existing land use, Residential Neighborhood. DISCUSSION: This is a pretty straight-forward case. The applicant wishes to expand his residence by adding a 288 square foot addition to the rear of his existing home. In so doing he extends into the required 20-foot rear yard setback by a little over five feet. However, the fact that there is no alley behind his house and an existing 50- foot-wide utility easement is immediately adjacent to the rear property line reduces concerns regarding rear yard encroachment. We do not believe reducing the 20 feet setback to 14 feet six inches damages adjacent neighbors. Pending any substantial neighborhood opposition to the proposed rear yard reduction, we support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the request to reduce the required rear yard setback from 20 feet to 14 feet six inches, with the following conditions: 1. Specify scale on “Proposed Plan”. 2. Are windows 3 feet by 4 feet or 3 feet by 5 feet? Scale and measurements do not track. 3. Include North arrow on exhibit. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan amendment exhibit. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1092 File ID: Type: Status: 2013-1092 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Belmont Landing, PPFile Name: Title: Consider approval of the Belmont Landing, Preliminary Plat, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Notes: Agenda Date: 06/11/2013 Agenda Number: 16. Sponsors: Enactment Date: Cover Memo, Staff Report.pdf, Preliminary Plat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved subject to the following conditions: 1) There may be additional comments upon detail engineering review; 2) Park development fees will be assessed at $1,285 per unit; and 3) Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1092 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1092) Consider approval of the Belmont Landing, Preliminary Plat, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Summary The following P&Z conditions remain outstanding: 1.There may be additional comments upon detail engineering review. 2.Park development fees will be assessed at $1,285 per unit. 3.Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this PRELIMINARY PLAT (4-0), subject to the above-stated conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Preliminary Plat for Belmont Landing for the development of 55 single-family residences and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. 2030: Sense of Community, Special Place to Live Introduction: This Preliminary Plat reflects the approved PD-261-RBN zoning which will allow 55 front entry homes, with the average lot size of 6,820 square feet. This development addresses many of the regulations in the newly adopted RBN zoning district. Approximately 3.8 acres (24% of the gross land area) is designated as common open space. Analysis: On May 16, 2013, the Planning & Zoning Commission unanimously recommended approval of Preliminary Plat subject to: 1. There may be additional comments upon detail engineering review. 2. Park development fees will be assessed at $1,285 per unit. 3. Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. On May 14, 2013, Council approved the Ordinance for PD-261-RBN. On April 9, 2013, Council approved the rezoning from a Retail District to PD-261-RBN to allow this development. Legal Review: This item does not require legal review. Fiscal Impact: None Recommendation: The Planning Department recommends Approval 2 Attachments: Staff Report with Preliminary Plat ITEM # 5 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Belmont Landing, Preliminary Plat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: South side of East Belt Line Road, west of South MacArthur Boulevard SIZE OF AREA: 15.18 acres of property CURRENT ZONING: PD-261-RBN (Planned Development 261-Residential Urban Neighborhood) REQUEST: A preliminary plat to develop 55 single-family lots and three (3) common area lots. APPLICANT: Prospective Purchaser: Engineer: David Weekley Homes Matthew Alexander 3301 North I-35 Dowdey, Anderson & Associates, Inc. Carrollton, Texas 75007 5225 Village Creek Drive , Suite 200 972-323-7503 Plano, Texas 75093 972-931-0694 malexander@daa-civil.com HISTORY: On April 9, 2013, Council followed the recommendation of the Planning and Zoning Commission and approved a rezoning request from C (Commercial) to PD-261-RBN (Planned Development 261-Residential Urban Neighborhood), to allow the development of 55 single-family residences and three (3) common area lots. TRANSPORTATION: E. Belt Line Road is on the Thoroughfare Plan as a six-lane divided, major thoroughfare. Currently there are two lanes in each direction and an oversized median which could accommodate widening to six lanes if warranted in the future. SURROUNDING LAND USE & ZONING: North- Single Family; SF-9 – The Hollows of Northlake Woodlands South - Flood Plain and Single Family (Hemmingway Court); City of Irving East - Retail and Restaurants; PD-157-C-Valley Ranch Plaza Shopping center West - Undeveloped - Cypress Watters – Potential TOD; City of Dallas ITEM # 5 Page 2 of 2 COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this property as suitable for Urban Residential Neighborhood, which is defined as areas to provide “for a wide variety of higher density residential uses (typically greater than four dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single-family detached housing”. DISCUSSION: This preliminary plat is essentially identical to the Detail Site Plan that was attached to the PD zoning that was established last month. It provides for the platting of 55 single family lots and three common area lots. PD conditions establish various screening, landscaping and development regulations and assure that all common areas and fencing are maintained by a Homeowners Association. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Preliminary Plat for Belmont Landing, subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. Park development fees will be assessed at $1,285 per unit. 3. Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Preliminary Plat ΔP:\Projects LDD\12061\12061P-PPLAT.dwg, 12061-PPLAT, 5/6/2013 12:32:25 PM, tsyost, Dowdey, Anderson & Associates, Inc., TSYREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.ADDITION GRAPHIC SCALE150505050BEING a 15.18 acre tract of land situated in the John C. Cook Survey. Abstract Number 315, City ofCoppell Dallas County, Texas, and being part of that called 65.7731 net acre tract of land described inCorrection Special Warranty Deed to Billingsley Cornell Capital L.P. as recorded in Volume 200151, Page12330 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.) and part of that called 5.88acre tract of land described in Correction Special Warranty Deed to Crow-Billingsley MacArthur, Ltd., asrecorded in Volume 86029, Page 2261 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), andbeing more particularly described as followsBEGINNING at a point on the south right-of-way line of Belt Line Rd. (a variable width right-of-way) for thecommon northeast corner of said 5.88 acre tract and northeast corner of said 65.7731 acre tract from whichan “X-cut” found for witness bears South 56 degrees 37 minutes 41 seconds West a distance of 0.19 feet,and from said corner a 5/8-inch iron rod found for witness bears North 83 degrees 33 minutes 40 secondsWest, a distance of 18.97 feet, said point for corner also being the northwest corner of Tract A-R, ValleyRanch Plaza Addition, an addition to the City of Coppell as recorded in Volume 97135, Page 2395,D.R.D.C.T.;THENCE South 00 degrees 31 min. 15 seconds East, departing said south right-of-way line and along thecommon east lines of said 65.7731 acre tract and said 5.88 acre tract and the west line of said Tract A-R,Valley Ranch Plaza Addition, a distance 97.74 feet to An “X”-cut set for corner;THENCE South 00 degrees 22 minutes 42 seconds East, continuing along said common line passing at adistance of 380.42 feet the southeast corner of said 5.88 acre tract, and continuing along said common line,passing at a cumulative distance of 504.90 feet the common southwest corner of said Tract A-R, ValleyRanch Plaza Addition and the northwest corner of that tract of land described in General Warranty Deed toTriland/Northsted Joint Venture, as recorded in Volume 82118, Page 212 D.R.D.C.T., and continuing alongsaid common east lines and the west line of said Triland/Northsted Joint venture tract, in all a total distanceof 650.88 feet to a ½-inch iron rod with a yellow plastic cap stamped “HALFF” (hereinafter referred to as“with cap”) set for the southeast corner of the herein described tract;THENCE departing said common line and over and across said 65.7731 acre tract and generally near thetoe of a graded slope the following courses and distances:South 89 degrees 42 minutes 16 seconds West, a distance 394.13 feet to the beginning of anon-tangent circular curve to the right having a radius of 849.45 feet, whose chord bears North 80degrees 29 minutes 19 seconds West, a distance of 284.40 feet to a ½-inch iron rod with cap set forcorner.Northwesterly, along said curve, through a central angle of 19 degrees 16 minutes 25 seconds, anarc distance of 285.75 feet to an ½-inch iron rod with cap set for corner;North 47 degrees 59 minutes 14 seconds West, a distance of 162.21 feet to a ½-inch iron rod withcap set for corner;North 59 degrees 23 minutes 02 seconds West, a distance of 540.41 feet to a ½-inch iron rod withcap set for corner;North 28 degrees 22 minutes 11 seconds West, a distance of 144.81 feet to a ½-inch iron rod withcap set for corner on the south line of that tract of land described in Deed to Dallas Power & LightCompany, as recorded in Volume 4594, Page 300, D.R.D.C.T. from which a ½-inch iron rod with capfound for corner bears South 88 degrees 46 minutes 22 seconds West, a distance of 194.96 feet;THENCE North 88 degrees 46 minutes 22 seconds East, along said south line, a distance of 785.86 feet toa ½-inch iron rod with cap set for corner;THENCE North 29 degrees 21 minutes 17 seconds East, along the east line of said Dallas Power & Lighttract, passing at a distance of 0.82 feet the southwest corner of said 5.88 acre tract, and continuing alongthe common said east line of Dallas Power & Light tract and the west line of said 5.88 acre tract, in all atotal distance of 233.34 feet to a ½-inch iron rod with cap set for corner on the common said southright-of-way line of Belt Line Road and north line of said 65.7731 acre tract same being the northwestcorner of said 5.88 acre tract;THENCE South 86 degrees 14 minutes 17 seconds East, along said common line, a distance of 424.73feet to the POINT OF BEGINNING AND CONTAINING 661.408 square feet or 15.18 gross acres of landmore or less;NORTHLOCATIONSITEMAY 06, 2013STATE REGISTRATION NUMBER: F-399 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1093 File ID: Type: Status: 2013-1093 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Belmont Landing, FPAFile Name: Title: Consider granting the Planning & Zoning Commission authority for final plat approval of Belmont Landing, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Notes: Agenda Date: 06/11/2013 Agenda Number: 17. Sponsors: Enactment Date: Cover Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1093 Title Consider granting the Planning & Zoning Commission authority for final plat approval of Belmont Landing, to develop 55 single-family lots and three (3) common area lots on 15.18 acres of property located on the south side of East Belt Line Road, approximately 450 feet west of South MacArthur Boulevard. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1093) Summary On May 16, 2013, the Planning Commission unanimously recommended approval of this PRELIMINARY PLAT (4-0). Staff Recommendation: The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Consider granting Planning & Zoning Commission authority for Final Plat approval for Belmont Landing. 2030: Sense of Community, Special Place to Live Introduction: The Preliminary Plat reflects all conditions as established in the PD zoning, and if the Final Plat reflects all conditions in the Preliminary Plat, then Final Plat approval would be ministerial. Analysis: On May 16, 2013, the Planning & Zoning Commission unanimously recommended approval of Preliminary Plat subject to: 1. There may be additional comments upon detail engineering review. 2. Park development fees will be assessed at $1,285 per unit. 3. Review and approval of the HOA documents by the City Attorney prior to filing the Final Plat. On May 14, 2013, City Council approved the Ordinance for PD-261-RBN. On April 9, 2013, City Council approved the rezoning from a Retail District to PD-261-RBN to allow this development. Legal Review: This item does not require legal review. Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: None Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1098 File ID: Type: Status: 2013-1098 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: PD-264-RBN-5, EasthavenFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-264-RBN-5, Easthaven, a zoning change request from R (Retail) to PD-264-RBN-5 (Planned Development 264-RBN5-Residential Urban Neighborhood) to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 18. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Section of Buffer Area.pdf, Survey of Exisitng Trees to be Retained Within Buffer Area.pdf, Zoning Exhibit, Detail Plan.pdf, Tree Survey.pdf, Landscape Plan.pdf, Color Rendering of Detail Plan and Entry Features.pdf, Detailed Tree List (72 pages).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1098) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mark Harris, applicant, answered questions of Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve subject to the following conditions: 1) Common Lot D, Lot 1X (buffer/drainage area): a) Once the infrastructure is in place, evergreen trees (such as Elderica Pine or Eastern Red Cedar) shall be planted as necessary to provide that there will be tree approximately every 40 linear feet within this buffer area; 2) Until such time that the second point of access is provided, a maximum of 30 homes shall be built. Homes 31-58 shall be equipped with an approved fire suppression system unless a second point of access is provided. A temporary access (all weather surface) shall be allowed for a period not to exceed two years, then permanent (concrete) access will be required. This second point of access shall be provided via an easement which shall be filed record. 3) Tree removal permit will be required prior to the removal of any trees; 4) Park Fees in the amount of $1,280 per unit shall be assessed; and 5) CLOMR approval prior to Final Plat approval. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1098 Title PUBLIC HEARING: Consider approval of Case No. PD-264-RBN-5, Easthaven, a zoning change request from R (Retail) to PD-264-RBN-5 (Planned Development 264-RBN5-Residential Urban Neighborhood ) to allow the development of 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road. Summary The following P&Z conditions remain outstanding: 1.Common Lot D, Lot 1X (buffer/drainage area): a.Once the infrastructure is in place, evergreen trees (such as Elderica Pine or Eastern Red Cedar) shall be planted as necessary to provide that there will be tree approximately every 40 linear feet within this buffer area. 2.Until such time that the second point of access is provided, a maximum of 30 homes shall be built. Homes 31-58 shall be equipped with an approved fire suppression system unless a second point of access is provided. A temporary access (all weather surface) shall be allowed for a period not to exceed two years, then permanent (concrete) access will be required. This second point of access shall be provided via an easement which shall be filed record. 3.Tree removal permit will be required prior to the removal of any trees. 4.Park Fees in the amount of $1,280 per unit shall be assessed. Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1098) 5.CLOMR approval prior to Final Plat approval. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0), subject to the above-stated conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 3City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This prop request i square fe This dev Urban N spaces, s plain and hike and Analysis On May this rezon 1. C a. 2. U b a al re fi 3. T Mayo Gary L June 1 ce: Zonin the de acres west o Sense ction: perty is loca s for 58 sing eet and the a velopment ad Neighborhood street trees, d will contai bike trail fro s: 16, 2013, th ning request Common Lot . Once the Red Ced approxim Until such tim e built. Hom second poin llowed for a equired. Thi iled record. Tree removal r and City C L. Sieb, Dire 11, 2013 ng change re evelopment of property of Denton Ta e of Commu ated to the e gle-family lo average is 6,5 ddresses ma d) zoning d on-street (b in a lake wit om Westhav he Planning t subject to: t D, Lot 1X ( infrastructu dar) shall b mately every 4 me that the s mes 31-58 sh nt of access a period not s second po l permit will MEM Council ector of Plan quest from R of 58 single located on t ap Road, unity, Specia east of West ots and three 590 square f any of the r district, inclu ump-out) pa th fountain a ven to the cit & Zoning C (buffer/drain ure is in plac be planted 40 linear fee econd point hall be equip is provided to exceed t oint of acces be required 1 MORANDU nning Retail to Pla e-family lots the south sid al Place to L thaven whic e common a feet with a n regulations i uding archit arking, etc. and arbor/ov ty park whic Commission nage area): ce, evergreen as necessar et within this of access is ped with an d. A tempor two years, th ss shall be p prior to the UM anned Develo s and (3) thr de of S.H. 12 Live ch is current area lots. Th net density o in the newly tectural feat The southe verlook as w h abuts to th unanimousl n trees (such ry to provi s buffer area provided, a approved fi rary access ( hen permane provided via removal of opment 264- ree common 21, approxim tly under co he minimum of 4.2 dwellin y adopted R tures, garage ern 8.2 acre well as the co he east. ly recomme h as Elderica ide that the a. a maximum o ire suppressi (all weather ent (concret an easemen any trees. -RBN-5, to a n area lots o mately 2,500 onstruction. m lot size is 5 ng units per RBN (Reside e setbacks, es is in the ontinuation o nded approv a Pine or Ea ere will be of 30 homes ion system u surface) sha te) access w nt which sha allow on 22 0 feet This 5,652 acre. ential open flood of the val of astern tree shall unless all be will be all be 2 4. Park Fees in the amount of $1,280 per unit shall be assessed. 5. CLOMR approval prior to Final Plat approval. Legal Review: This item does not require legal review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with attachments: Section of Buffer Area, Survey of Existing Trees to be Retained in Buffer Area, Zoning Exhibit/Detail Plan, Tree Survey, Landscape Plan, Color Rendering of Detail Plan and Entry Feature and Complete Tree Listing (72 pages). ITEM # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO; PD-264-RBN-5, Easthaven P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: South side of S.H. 121, approximately 2,500 feet west of Denton Tap Road, SIZE OF AREA: 22 acres of property CURRENT ZONING: R (Retail) REQUEST: A zoning change request from R (Retail) to PD-264-RBN-5 (Planned Development 264-RBN5-Residential Urban Neighborhood) to allow the development of 58 single-family lots and (3) three common area lots. APPLICANT: Prospective Purchaser: Engineer: Frederick S. Phillips Mark Harris Amalgamated Development, L.P. Kimley-Horn & Associates, Inc. 5055 Keller Springs Rd # 170 5750 Genesis Court Addison, Texas 75001 Frisco, Texas 75034 Fspj87@gmail.com mark.harris@kimley-horn.com HISTORY: The subject property was zoned Retail in 1983. In 2003, the designation on the Comprehensive Land Use Plan was changed from Light Industrial/Showroom Uses to Freeway Commercial. As part of the Council’s action, although originally proposed to rezoned from Retail to Highway Commercial, per request of the neighbors, and as agreed to by the property owner, this property retained its R (Retail) zoning designation. On the property abutting to the west, Council approved the Westhaven PD and Preliminary Plat to permit 297 single family homes, and 37 common area lots to be in accordance with the 2030 Coppell 2030, A Comprehensive Master Plan, which designates this property as suitable for Urban Residential Neighborhood. On February 12, 2013 City Council approved the Final Plat for Phase 1 of this development for 143 residential lots and 26 common area lots. On March 26th, the Westhaven PD was amended to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on 11 lots. ITEM # 7 Page 2 of 4 TRANSPORTATION: State Highway 121 is a Freeway (Principal Arterial) built to standard, within a variable right-of-way. SURROUNDING LAND USE & ZONING: North- S.H. 121, HC (Highway Commercial), undeveloped South - SF-9 & SF-12 – Copperstone, single family East - PD-133R-SF-9 – Magnolia Park, single family West - PD-255-SF – Westhaven (single family, under construction) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this property as suitable for Urban Residential Neighborhood, which is defined as areas to provide “for a wide variety of higher density residential uses (typically greater than four dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single-family detached housing”. DISCUSSION: As noted above, at the same time the property abutting to the west was designated on the Comprehensive Plan for Urban Residential Neighborhood uses, this property was also, and therefore a similar development pattern can be expected. This development will be in accordance with the RBN District regulations in terms of provision of architectural features, garage setbacks, open spaces, street trees, on-street (bump-out) parking, etc. Specifically, this proposal is for 58 single family lots and 3 common area lots. The minimum lot size is 5,652 square feet and the average is 6,590 square feet with a net density of 4.2 dwelling units per acre. The lots on the west side mirror those approved in Westhaven. However, given the adjacency to an existing residential subdivision (Magnolia Park) additional consideration needs to be given to transition issues along the east property line. Along the east property a 38’ wide buffer area is being proposed, which will contain an 8’ wide concrete flume, ground cover and trees to provide a physical and visual separation as well as to accommodate drainage. The intention is to preserve as many of the existing trees as possible in this buffer area, both protected and unprotected. The attached list includes only those 16 protected trees (Cedar and American Elms 6” caliper or greater) that will be preserved. Once the infrastructure is in place, and as many trees as practical are preserved, it is recommended that evergreen trees be planted where necessary to provide a tree approximately every 40 linear feet within this buffer area. The plans indicate 6- foot board on board cedar fence on top of a 5’ concrete retaining wall with stone façade along the western edge of this common area. Given the existence of masonry and wood fences along the eastern edge (rear yards of Magnolia Park) this would result in a 40 foot wide strip of land with solid fencing on both sides. This potentially would be a safety issue (allowing for hiding places) as well as a maintenance problem. Staff is recommending that the proposed 6’ fence along the west side of the buffer area be a continuation of the decorative metal fence as proposed at the end of the cul-de-sacs, with appropriate gates to allow visibility as well as maintenance of this area. ITEM # 7 Page 3 of 4 Along SH 121, two HOA-maintained common areas (X-lots) will be developed with entry features, walls, berms and landscaping to provide a physical and visual buffer from the freeway. Further, these X-lots will assure that that there will be a minimum 50-foot setback from the R.O.W. to the closest home. Finally, a significant common area is proposed along the southern portion of the property. This 8.2 acre open space lot is in the flood plain and will contain a lake with fountain and arbor/overlook as well as the continuation of the hike and bike trail from Westhaven to the city park which abuts to the east. Options for street patterns for this property were somewhat limited given the configuration of the property, being approximately 460 feet wide and over 2,000 feet deep, and being impacted by the flood plain. This however, was taken into consideration when Westhaven was planned, and a street was stubbed out (Columbus Drive) to this property to allow two points of access. However, timing is critical. The Fire Code allows up to 30 single family units with one point of access. Per the code, additional homes can be built at such time a second point of access is constructed or if the additional homes are equipped with a sprinkler system. It is staff’s understanding that this Developer intends to construct an all-weather gravel surface as the second point of access for the Easthaven until Westhaven Phase 2 develops; however, the Developer proposes that if Westhaven Phase 2 is not constructed two years after the final acceptance of Easthaven, a paved second point of access would be provided. To accommodate such a scenario, prior to final acceptance of the Easthaven Development, the developer shall place into escrow the funds necessary for removal of the gravel access drive and construction of the paved surface. Should Westhaven Phase 2 be developed within 2 years of the Easthaven final acceptance, the escrow funds will be returned to the developer. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-264-RBN-5, Easthaven subject to the following conditions: 1. Common Lot D, Lot 1X (buffer/drainage area): a. Once the infrastructure is in place, evergreen trees (such as Elderica Pine or Eastern Red Cedar) shall be planted as necessary to provide that there will be tree approximately every 40 linear feet within this buffer area. b. The proposed 6’ fence along the west side of the buffer area be a continuation of the decorative metal fence as proposed at the end of the cul-de-sacs, with appropriate gates to allow viability as well as maintenance of this area. 2. Submission and approval of an off-site Easement, to be filed with the Final Plat, which establishes the temporary second point of access (all weather surface) to be provided for a period not to exceed two years, and further provides that after the two-year period, permanent (concrete) access will be constructed. 3. Provide stamped concrete at Easthaven Drive and the SH 121 Service Road. 4. Tree removal permit will be required prior to the removal of any trees. 5. Park Fees in the amount of $1,280 per unit shall be assessed. 6. CLOMR approval prior to Final Plat approval. ITEM # 7 Page 4 of 4 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Section of buffer area. 2. Survey of Existing Trees to be retained in buffer area. 3. Zoning Exhibit/Detail Plan 4. Tree Survey 5. Landscape Plan 6. Color Rendering of Detail Plan and Entry Feature 7. Complete Tree Listing (72 pages e-copy only) Easthaven Tree Survey Protected Trees Preserved Within Buffer Zone 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic # Protected Health 2876 Green Ash 7 7 -Yes Healthy 2877 Green Ash 6.25 6.25 -Yes Healthy 2900 Cedar Elm 13.25 13.25 -Yes Healthy 2901 Cedar Elm 12 12 -Yes Healthy 2905 Cedar Elm 12 12 -Yes Healthy 2939 Cedar Elm 12.25 12.25 -Yes Healthy 2943 Cedar Elm 11.5 11.5 -Yes Healthy 2965 Cedar Elm 15.5 15.5 -Yes Healthy 2966 Cedar Elm 13 13 -Yes Healthy 2968 Cedar Elm 9.5 9.5 -Yes Healthy 2969 Cedar Elm 11 11 -Yes Healthy 2980 Cedar Elm 13.5 13.5 -Yes Healthy 2984 Cedar Elm 13.5 13.5 -Yes Healthy 3079 American Elm 9.25 9.25 -Yes Healthy 3115 American Elm 14 14 -Yes Healthy 3261 American Elm 14.25 14.25 -Yes Healthy PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:40 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\Z-OVERALL ZONING.DWG [Overall Layout]LAST SAVED 5/31/2013 2:54 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPNOTTOSCALEZ-100100'200'TYPICALGRAPHICSCALE100'BEINGatractoflandsituatedintheClarindaSquiresSurvey,AbstractNo.1327,CityofCoppell,DallasCounty,Texas,andbeingallofTract2,called22.0±acres,conveyedtoJamesH.andDavidK.CummingsinaWarrantyDeedrecordedinDocumentNo.2004-127290oftheOfficialRecordsofDentonCounty,Texas,andbeingmoreparticularlydescribedasfollows:BEGINNINGata5/8inchironrodwithplasticcapstamped“J.E.SMITH”foundforthenorthwestcornerofsaidTract2,beingthenortheastcornerofTractI,called42.997acres,conveyedtoStandardPacificofTexas,Inc.inaWarrantyDeedrecordedinInstrumentNo.2012-91642oftheOfficialRecordsofDentonCounty,TexasandinInstrumentNo.201200244645oftheOfficialPublicRecordsofDallasCounty,Texas,saidcorneralsobeinginthesoutherlyright-of-waylineofStateHighway121Bypass,avariablewidthright-of-way,fromwhichanaluminumright-of-waymonumentfoundbearsNorth69°26'24”Westadistanceof151.72feet;THENCESouth69°26'29"East,alongthenortheastlineofsaidTract2andthesoutherlyright-of-waylineofsaidStateHighway121Bypass,adistanceof48.57feettoa5/8inchironrodwithplasticcapstamped“J.E.SMITH”foundforcorner;THENCESouth65°09'04"East,continuingalongthenortheastlineofsaidTract2andthesoutherlyright-of-waylineofStateHighway121Bypass,adistanceof463.20feettoanaluminumTXDoTright-of-waymonumentfoundforthenortheastcornerofsaidTract2;THENCESouth00°05'14"East,departingthesoutherlyright-of-waylineofsaidStateHighway121Bypass,alongtheeastlineofsaidTract2,adistanceof2,058.22feettoacorneronthecenterofDentonCreek;THENCEinawesterlydirection,alongthesoutherlylineofsaidTract2andalongthecenterlineofDentonCreek,thefollowingcoursesanddistances:North60°20'20"West,adistanceof71.78feettoacorner;North74°09'20"West,adistanceof265.97feettoacorner;North35°43'20"West,adistanceof103.56feettoacorner;North59°01'20"West,adistanceof101.58feettothesouthwestcornerofsaidTract2;THENCENorth00°05'19"West,alongthewestlineofsaidTract2,adistanceof1,777.55feettothePOINTOFBEGINNINGandcontaining22.05acresofland,moreorless.LEGALDESCRIPTIONSheet1of1SITE1.ALLEYSSHALLNOTBEREQUIREDWITHINTHISPD.2.ALLLOTSSHALLHAVEA20FOOTSETBACKTOTHEFACEOFTHEBUILDINGANDA22FOOTSETBACKTOTHEFACEOFTHEGARAGE.GROUNDLEVELPORCHESMAYENCROACH4FEETINTOTHEREQUIREDFRONTYARD.3.15'TRAILRIGHT-OF-WAYTOBEDEDICATEDTOTHECITYATTIMEOFFINALPLAT.FINALALIGNMENTTOBEDETERMINEDWITHFINALCONSTRUCTIONDRAWINGS.4.DEVELOPERWILLMAKEEFFORTSTOPRESERVEALLTREESWITHINTHEUNDISTURBEDAREA,ASIDENTIFIEDINTHETREESURVEY.HOWEVER,TREESINDICATEDWITH"X"WITHINTHEBUFFER/DRAINAGEWAYHAVEBEENIDENTIFIEDASHAZARDOUSORDECEASEDANDARESUBJECTTOREMOVALUPONFURTHERSAFETYANALYSIS.THEDEVELOPERISTOMAINTAINAMINIMUMOF1TREEEVERY40FEETWITHINTHEBUFFER/DRAINAGEWAY.IFNECESSARY,THEDEVELOPERWILLPLANTADDITIONAL3"MINIMUMTREESTOMEETTHEMINIMUMSPACINGREQUIREMENT.5.UNTILTHEFINALACCEPTANCEOFWESTHAVENPHASE2,DEVELOPERMAYCHOOSEONEOFTHETWOFOLLOWINGOPTIONSTOPROVIDEFIREPROTECTIONWITHINTHECOMMUNITY,INADDITIONTOACCESSOFSH121FROMEASTHAVENDRIVE:1)FIRESUPPRESSIONSYSTEMS:BUILDINGPERMITS31-58WILLBEREQUIREDTOHAVEFIRESPRINKLERS.2)TEMPORARYACCESSROADTHROUGHWESTHAVENPHASE2:ATEMPORARY,GRAVELDRIVETHROUGHWESTHAVENMAYSERVEASTHESECONDPOINTOFACCESS.SHOULDWESTHAVENPHASE2NOTBECONSTRUCTEDTWOYEARSAFTERTHEFINALACCEPTANCEOFEASTHAVEN,THEGRAVELDRIVEMUSTBECONVERTEDTOAPAVEDSURFACE.PRIORTOFINALACCEPTANCEOFTHEEASTHAVENDEVELOPMENT,THEDEVELOPERSHALLPLACEINTOESCROWTHEFUNDSNECESSARYFORREMOVALOFTHEGRAVELACCESSDRIVEANDCONSTRUCTIONOFAPAVEDSURFACE.SHOULDWESTHAVENPHASE2DEVELOPWITHIN2YEARSOFTHEEASTHAVENDEVELOPMENTFINALACCEPTANCE,THEESCROWFUNDSWILLBERETURNEDTOTHEDEVELOPER.6.PDCONDITIONS PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:13 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\T- TREE SURVEY.DWG [SHEET 1]LAST SAVED 5/31/2013 2:42 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPNOTTOSCALET-10050'100'TYPICALGRAPHICSCALE50'Sheet1of2SITEMATCHLINE SEE SHEET T-2 PROPERTYLINEMAGNOLIAPARKBUFFERZONE(SEENOTE)UNDISTURBEDAREAPROTECTEDTREEPROTECTEDTREEWITHINMAGNOLIAPARKUNPROTECTEDTREE-HEALTHYUNPROTECTEDTREE-DECEASEDORHAZARDOUSLEGENDNOTES:DEVELOPERWILLMAKEEFFORTSTOPRESERVEALLTREESWITHINTHEUNDISTURBEDAREA.HOWEVER,TREESINDICATEDWITH"X"WITHINTHEBUFFER/DRAINAGEWAYHAVEBEENIDENTIFIEDASHAZARDOUSORDECEASEDANDARESUBJECTTOREMOVALUPONFURTHERSAFETYANALYSIS.THEDEVELOPERISTOMAINTAINAMINIMUMOF1TREEEVERY40FEETWITHINTHEBUFFER/DRAINAGEWAY.IFNECESSARY,THEDEVELOPERWILLPLANTADDITIONAL3"MINIMUMTREESTOMEETTHEMINIMUMSPACINGREQUIREMENT. PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:14 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\T- TREE SURVEY.DWG [SHEET 2]LAST SAVED 5/31/2013 2:42 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPT-20050'100'TYPICALGRAPHICSCALE50'Sheet2of2SITEMATCHLINE SEE SHEET T-1 PROPERTYLINEMAGNOLIAPARKBUFFERZONE(SEENOTE)UNDISTURBEDAREAPROTECTEDTREEPROTECTEDTREEWITHINMAGNOLIAPARKUNPROTECTEDTREE-HEALTHYUNPROTECTEDTREE-DECEASEDORHAZARDOUSLEGENDNOTES:DEVELOPERWILLMAKEEFFORTSTOPRESERVEALLTREESWITHINTHEUNDISTURBEDAREA.HOWEVER,TREESINDICATEDWITH"X"WITHINTHEBUFFER/DRAINAGEWAYHAVEBEENIDENTIFIEDASHAZARDOUSORDECEASEDANDARESUBJECTTOREMOVALUPONFURTHERSAFETYANALYSIS.THEDEVELOPERISTOMAINTAINAMINIMUMOF1TREEEVERY40FEETWITHINTHEBUFFER/DRAINAGEWAY.IFNECESSARY,THEDEVELOPERWILLPLANTADDITIONAL3"MINIMUMTREESTOMEETTHEMINIMUMSPACINGREQUIREMENT. 2PD DETAILED SITE PLAN 30 MAY 2013 213849.00 AMALGAMATED DEVELOPMENT, LP EASTHAVEN COPPELL, TEXAS PD DETAILED SITE PLAN EASTHAVEN / PD-264, RBN-5HWY 121Magnolia Park - Exisitng Development Westhaven - Future Development Lake Arbor / Overlook Project Identity Marker Project Entry Brick Thin Wall on Berm Park Entry Trail Connected to Westhaven Park Entry Buffer / Drainage Way Accent Planting at Cul-de-Sacs SITE N SCALE 1” = 50’ @ 24” x 36” SHEET SIZE 10050250 LOT COUNT RBN-5 LOTS 58 3PD DETAILED SITE PLAN 30 MAY 2013 213849.00 AMALGAMATED DEVELOPMENT, LP EASTHAVEN COPPELL, TEXAS PROJECT IDENTITY MARKER EASTHAVEN / PD-264, RBN-5 6.5’10.5’ 1 1 Primary Building Stone • Greenwhich Gray Limestone Building Roof Shingles • Synthetic Slate, Slate Gray Cast Stone Accents • Dove Gray1 3 3 2 2 2 4PD DETAILED SITE PLAN 30 MAY 2013 213849.00 AMALGAMATED DEVELOPMENT, LP EASTHAVEN COPPELL, TEXAS BRICK THIN WALL AT ENTRY EASTHAVEN / PD-264, RBN-5 1 1 Primary Building Stone • Greenwhich Gray Limestone Cast Stone Accents • Dove Gray1 3 3 Brick Thin Wall • Cape Cod2 2 2 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2551 Hackberry 9.5 0 Dual Leader, Pic 02 No 2552 Hackberry 7 0 Not Protected No 2553 Hackberry 8.75 0 Not Protected No 2554 Bois d'Arc 8.75 0 Not Protected No 2555 American Elm 16.5 0 Unilateral, Wire Girdled, Pic 05 No 2556 Hackberry 10 10 Yes 2557 Bois d'Arc 10.25 0 Dual Leader, Included Bark, Pic 06 No 2558 Bois d'Arc 11 0 Multi Leader, Included Bark, Pic 07 No 2559 Green Ash 9 0 Dual Leader, Pic 08 No 2560 Cedar Elm 6.5 6.5 Yes 2561 Bois d'Arc 7.25 0 Not Protected No 2562 Hackberry 7 0 Not Protected No 2563 Bois d'Arc 7 0 Not Protected No 2564 Bois d'Arc 8.25 0 Not Protected No 2565 Bois d'Arc 12.5 0 Multi Leader, Pic 09 No 2566 Bois d'Arc 8.25 0 Not Protected No 2567 Cedar Elm 7 0 Unilateral, Pic 10 No 2568 Bois d'Arc 8.5 0 Not Protected No 2569 Bois d'Arc 7 0 Not Protected No 2570 American Elm 10.5 0 Borers, Decay, Pic 11 No 2571 Bois d'Arc 14.25 0 Multi Leader, Female, Pic 12 No 2572 American Elm 6.75 0 Unilateral, Pic 13 No 2573 Bois d'Arc 6.5 0 Not Protected No 2574 Cedar Elm 6.75 0 Unilateral No 2575 Bois d'Arc 14.75 0 Dual Leader, Included Bark, Pic 14 No 2576 Hackberry 7.25 0 Borers No 2577 Bois d'Arc 14 0 Multi Leader, Included Bark, Pic 15 No 2578 Green Ash 7.25 7.25 Yes 2579 Cedar Elm 8.5 0 Secondary Missing, Pic 16 No 2580 Bois d'Arc 9.25 0 Not Protected No 2581 Green Ash 6.5 0 Dual Leader, Pic 17 No 2582 Bois d'Arc 9.5 0 Not Protected No 2583 American Elm 6.5 0 Unilateral, Subordinate, Pic 18 No 2584 American Elm 8.25 0 Unilateral, Subordinate, Dual Leader, Included,Pic 19 No 2585 Bois d'Arc 9.25 0 Female, Not Protected No 2586 Siberian Elm 18.5 0 Under Lines, Severe Decay, Pic 20 No 2587 American Elm 9.25 0 Dual Leader, Included Bark, Pic 21 No 2588 American Elm 8 0 Unilateral No 1 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2589 Green Ash 8.75 0 Multi Leader, Included Bark, Pic 22 No 2590 American Elm 6.25 0 Dead No 2591 Hackberry 9.25 0 Not Protected No 2592 Cedar Elm 7.5 0 Dual Leader, Twisted Trunk, Included, Pic 23 No 2593 Cedar Elm 6.5 6.5 Yes 2594 Siberian Elm 10.75 0 Unilateral, Under Lines, Decay, Pic 24 No 2595 Siberian Elm 6.25 0 Borers, Unilateral, Pic 25 No 2596 American Elm 6.5 0 Unilateral, Subordinate No 2597 American Elm 8.5 8.5 Yes 2598 American Elm 6.5 0 Dual Leader, Included Bark, Pic 26 No 2599 American Elm 10 0 Multi Leader, Included Bark, Pic 27 No 2600 American Elm 8.25 0 Dual Leader, Borers, Pic 28 No 2601 Siberian Elm 12.25 0 Dual Leader, Decay, Girdled, Pic 29 No 2602 Green Ash 8.75 0 Root Zone Half Missing, Pic 30 No 2603 American Elm 11.5 0 Dual Leader, Included Bark, Nectria Canker, Pic 31 No 2604 Slippery Elm 9 0 Unilateral No 2605 American Elm 6.5 0 Unilateral, Canker, Pic 32 No 2606 Hercules Club 8 0 Unilateral, Basal Decay, Borers No 2607 Green Ash 12.5 0 Multi Leader, Decay, Pic 33 No 2613 Gulf Black Willow 16.25 0 Unilateral, Subordinate No 2620 American Elm 8.75 0 Exposed Roots, Creek Bank No 2621 Hackberry 6.25 0 Not Protected No 2622 Hackberry 7 0 Not Protected No 2623 Pecan 9.5 0 Missing Central Leader, Pic 36 No 2624 American Elm 6.5 0 Horizontal, Pic 37 No 2625 American Elm 9.25 0 Creek Bank, Pic 38 No 2626 Green Ash 6.5 0 Creek Bank, Girdled By Smaller Tree, Pic 39 No 2627 American Elm 6.75 0 Creek Bank, Pic 40 No 2628 American Elm 6.5 0 Missing Whole Top No 2629 Green Ash 8.25 0 Dual Leader, Creek Bank, Pic 41 No 2630 American Elm 11.5 0 Terminal Dieback, Pic 42 No 2631 American Elm 6.5 0 Erosion, Unilateral No 2632 American Elm 7 0 Unilateral No 2633 Green Ash 8.5 0 Basal Flair Occlusion, Creek Bank, Pic 43 No 2634 Green Ash 10.5 0 Creek Bank, Erosion, Pic 44 No 2635 Cedar Elm 9 0 Unilateral No 2636 Cedar Elm 6.25 0 Unilateral, Subordinated No 2637 American Elm 10.5 0 Unilateral No 2 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2638 Green Ash 8 0 Unilateral No 2639 American Elm 14.5 0 Unilateral, Subordinate, Creek Bank, Pic 45 No 2640 Green Ash 7.75 0 Unilateral, Subordinate, Creek Bank No 2641 Cedar Elm 6 0 Unilateral, Subordinate, Creek Bank No 2642 Pecan 9.25 9.25 Yes 2643 Green Ash 6.5 6.5 Yes 2644 Mulberry 7 0 Unilateral, Subordinate No 2645 Green Ash 14.75 0 Vines, Cavity, Terminal Dieback, Pic 46 No 2646 Cedar 7.5 0 Subordinate No 2648 American Elm 23 0 Dead, Pic 47 No 2649 American Elm 24.75 0 Unilateral, Decay, Hazardous, Pic 48 No 2650 Green Ash 13 0 Unilateral, Subordinate No 2651 Green Ash 25.75 0 Dual Leader, Included Bark, Decay Column, Pic 49 No 2652 Cedar 7.25 0 Basal Flair Occlusion, Pic 50 No 2661 Cedar Elm 6.5 0 Unilateral, Subordinate No 2662 Cedar Elm 6.5 0 Unilateral, Subordinate No 2663 Green Ash 8.5 0 Dead, Pic 53 No 2664 Cedar Elm 13.5 0 Decay, Creek Bank Erosion, Pic 55 No 2665 American Elm 11.5 0 Decline, Dieback, Hazardous, Pic 54 No 2666 Bois d'Arc 14.25 0 Dual Leader, Decline, Pic 56 No 2667 Bois d'Arc 13.5 0 Decay, Terminal Dieback, Pic 57 No 2668 Bois d'Arc 11.75 0 Subordinate, Unilateral No 2669 Cedar 9.75 0 Dual Leader, Pic 58 No 2670 Hackberry 8.25 0 Not Protected No 2671 Cedar 7.25 0 Dead No 2672 Cedar Elm 6.25 6.25 Yes 2673 American Elm 7.5 7.5 Yes 2674 Cedar 10.5 0 Subordinate No 2675 American Elm 16 0 Unilateral No 2676 American Elm 13.5 0 Unilateral, Subordinate No 2677 Green Ash 8 0 Unilateral, Subordinate, Erosion,Pic 60 No 2678 American Elm 13.25 0 Dual Leader, Included Back, Erosion, Pic 61 No 2679 Cedar 7.5 0 Subordinate No 2680 American Elm 13 0 Unilateral, Erosion, Pic 62 No 2681 American Elm 6.75 0 Unilateral, Subordinate, Erosion, Pic 62 No 2682 American Elm 10.5 0 Unilateral, Subordinate, Erosion, Pic 62 No 2683 American Elm 6.5 0 Unilateral, Subordinate No 2684 Green Ash 6.75 0 Unilateral, Subordinate No 3 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2685 Hackberry 8 0 Not Protected No 2686 Cedar Elm 17.5 0 Unilateral, Borers, Decay, Pic 63 No 2687 Cedar Elm 18.5 0 Basal Decay, Pic 64 No 2688 Cedar Elm 10 10 Yes 2689 Cedar Elm 6 0 Unilateral, Subordinate No 2690 Bois d'Arc 16 0 Multi Leader, Decay, Pic 65 No 2691 Cedar Elm 7.75 0 Dual Leader, Pic 66 No 2692 Cedar Elm 19.75 0 Dual Leader, Severe Decay, Wire Girdled, Pic 67 No 2693 Cedar Elm 8.5 0 Sub, Unilateral,Pic 68 No 2694 Cedar Elm 10.75 0 Subordinate , Unilateral, Pic 68 No 2695 Cedar Elm 11.25 0 Dual Leader,No 2696 Cedar Elm 6.25 0 Subordinate, Unilateral No 2697 Cedar Elm 10.5 0 Dual Leader , Compression With 2698, Pic69 No 2698 Cedar Elm 13.5 0 Dual Leader No 2701 Bois 'd Arc 20 0 Dual Leader , Included Bark, Pic 71 No 2703 American Elm 15.5 0 Decline Terminal Dieback No 2704 Cedar Elm 22 0 Dual Leader Included Bark, Pic 72 No 2705 Cedar Elm 8.75 0 Unilateral, Subordinate No 2708 Cedar Elm 22 0 Decay Column, Occluded Basal Flare,Pic 74 No 2709 Cedar Elm 25.25 0 Decay Column, Included Bark, Pic 75 No 2710 Bois d'Arc 17 0 Multi Trunk, Split, Pic76 No 2727 China Berry 9.25 0 Unilateral, Dual Leader No 2743 Burr Oak 39.25 0 Basal Flair Occlusion, Pic 105 No 2744 Green Ash 10.75 0 Dual Leader, Included Bark, Pic 107 No 2745 Bois d'Arc 12.5 0 Multi Trunk, Included Bark No 2746 Bois d'Arc 9 0 Not Protected No 2749 Cedar Elm 11.25 0 Unilateral No 2750 American Elm 20.25 0 Unilateral No 2751 Bois d'Arc 20.5 0 Dual Leader, Decline, Pic 77 No 2752 Cedar Elm 21.75 0 Multi Trunk, Included Bark, Unilateral No 2753 Cedar Elm 6.75 0 Unilateral, Subordinate No 2754 Cedar Elm 10.75 10.75 Yes 2755 Cedar Elm 11.75 0 Unilateral No 2756 Cedar Elm 8.5 0 Unilateral, Subordinate No 2757 Cedar Elm 14.5 0 Unilateral, Subordinate No 2758 Chittum 6.5 0 Subordinate No 2759 Cedar Elm 21.5 0 Dual Leader, Included Bark, Pic 79 No 2760 Cedar Elm 9.5 0 Unilateral No 4 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2761 Burr Oak 8.25 0 Dual Leader Included Bark, Pic 79 No 2762 Burr Oak 7 7 Yes 2763 Cedar Elm 13.75 0 Unilateral No 2764 Cedar Elm 18.25 0 Unilateral, Dual Leader No 2765 Cedar Elm 13 13 Yes 2766 Cedar Elm 15 0 Unilateral, Dual Leader, Included Bark, Pic 81 No 2767 Cedar Elm 6.5 0 Subordinate, Severe Decay, Pic 82 No 2768 Cedar Elm 20.5 0 Unilateral No 2769 Cedar Elm 14.5 0 Unilateral No 2770 Cedar Elm 12.25 0 Unilateral, Subordinate, Basal Flare Occlusion, Pic 92 No 2771 Cedar Elm 16 0 Unilateral, Basal Flair Occlusion, Pic 93 No 2772 Cedar Elm 20 0 Flair Occlusion, Central Leader Missing, Decline, Pic 89 No 2773 Cedar Elm 11 0 Subordinate, Unilateral No 2774 Cedar Elm 15.75 0 Subordinate, Unilateral No 2775 Cedar Elm 18.25 0 No Flair, Terminal Dieback, Decay, Pic 88 No 2776 China Berry 9 0 Unilateral No 2777 Burr Oak 24.5 0 Hypoxylon, Terminal Dieback, Decline, Pic 87 No 2778 Cedar Elm 8.5 8.5 Yes 2779 Cedar Elm 12 0 Unilateral, Subordinate, Dual Leader No Root Flare, Decay, Pic 83 No 2780 Cedar Elm 15 15 Yes 2781 Cedar Elm 9.5 9.5 Yes 2782 Cedar Elm 15.75 0 Included Bark Pic 84 No 2783 Cedar Elm 12.25 0 Unilateral, Subordinate, No Flare No 2784 Cedar Elm 14.75 0 Subordinate, Unilateral, Included Bark No 2785 Cedar Elm 8 0 Unilateral, Subordinate No 2786 Cedar Elm 8.25 0 Unilateral, Subordinate No 2787 Cedar Elm 10 0 Unilateral, Subordinate No 2788 Cedar Elm 13.75 0 Unilateral No 2789 Chittum 7 0 Borers, Decay, Missing Leader, Pic 85 No 2790 Bois d'Arc 13.75 0 Subordinate, Unilateral No 2791 Cedar Elm 13.5 13.5 Yes 2792 Cedar Elm 11.5 0 Unilateral No 2793 Green Ash 21 0 Unilateral No 2794 Pecan 6.5 6.5 Yes 2795 Burr Oak 10.25 10.25 Yes 2796 Green Ash 7 7 Yes 2797 Green Ash 9.25 0 Dual Leader, Included Bark, Pic 130 No 2798 Hackberry 9.5 0 Not Protected No 5 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2799 Green Ash 7.25 7.25 Yes 2800 Hackberry 7 0 Not Protected No 2801 Cedar Elm 7.75 0 Grade Raised, Pic 131 No 2802 Cedar Elm 6.75 0 Unilateral, Subordinate,No 2803 Cedar Elm 9 0 Unilateral, Dual Leader, Included Bark, Pic 132 No 2804 Cedar Elm 6.75 0 Unilateral, Slope, Dual Leader No 2805 Cedar Elm 16.25 0 Slope, Basal Occlusion, Pic 120 No 2806 Cedar Elm 8.5 0 Slope, Raised Grade, Pic 121 No 2807 Cedar Elm 6.25 0 Unilateral, Slope No 2808 Cedar Elm 6.75 0 Subordinate, Unilateral, Slope, Pic 119 No 2809 American Elm 8.75 0 Trunk Decay, Pic 125 No 2810 American Elm 7.25 0 Unilateral, Subordinate, Basal Flare Damage, Pic123 No 2811 American Elm 16.5 0 Multi Trunk, Severe Basal Damage, Pic122 No 2812 Siberian Elm 8.75 0 Unilateral, Subordinate No 2813 Cedar 7 0 Unilateral, Basal Decay, Pic 110 No 2814 Hackberry 9.75 0 Not Protected No 2815 Pecan 12.25 0 Grade Changes, Basal Occlusion, Pic 111 No 2816 Slippery Elm 7.5 0 Unilateral, Subordinate, Grade Raised No 2817 Cedar Elm 9.75 0 Dual Leader, Erosion, Pic 112 No 2818 Cedar Elm 8 0 Basal Flare Occlusion, Slope, Pic113 No 2819 Cedar Elm 7.75 0 Basal Occlusion, Pic 113 No 2820 Cedar Elm 7.5 0 Grade Raised, Pic 114 No 2821 American Elm 9.75 0 Severe Decay, Basal Occlusion, Pic115 No 2822 Mesquite 10.75 0 Bracket Fungi, Pic 137 No 2823 Hackberry 8.25 0 Not Protected No 2824 Hackberry 7.5 0 Not Protected No 2825 Hackberry 7 0 Not Protected No 2826 Cedar Elm 9.25 0 Slope, Soil Slump, Pic 133 No 2827 Cedar Elm 6.25 0 Slope, Grade Raised, Pic 134 No 2828 Cedar Elm 6.25 0 Slope, Soil Slump, Pic 135 No 2829 Cedar Elm 13.5 0 Multi Trunk, Soil Slump, Pic 136 No 2830 Green Ash 10.75 0 Unilateral, Subordinate, Basal Decay, Pic 117 No 2831 Cedar Elm 7.5 0 Unilateral, Basal Occlusion, Erosion, Pic 116 No 2832 Hackberry 8.5 0 Not Protected No 2833 Cedar Elm 7.5 0 Unilateral, Subordinate, Vines,No 2834 Hackberry 6.5 0 Not Protected No 2835 Slippery Elm 12.25 0 Unilateral, Dual Leader, Included Bark, Pic 118 No 2836 Cedar Elm 9 0 Subordinate, Unilateral, Basal Occlusion No 6 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2837 Hackberry 6.25 0 Not Protected No 2838 Green Ash 6.25 6.25 Yes 2839 American Elm 15 0 Unilateral, Subordinate No 2840 Cedar Elm 7.25 0 Unilateral, Subordinate No 2841 Green Ash 7 0 Unilateral,No 2842 Cedar Elm 8 0 Unilateral, Subordinate, Grade No 2843 Green Ash 10 0 Subordinate, Unilateral,No 2844 Cedar Elm 9.75 0 Subordinate, Unilateral No 2845 Honey Locust 7 0 Subordinate, Unilateral No 2846 American Elm 12.75 0 Dual Leader, Included Bark, Pic 148 No 2847 Cottonwood 23.75 0 Grade Change, Pic 146 No 2848 Cedar 8 0 Subordinate, Soil Slump, Pic 144 No 2849 Cedar 10.75 0 Grade Change, Trunk Decay, Pic 147 No 2850 Cedar Elm 6 0 Subordinate No 2851 Cedar Elm 7.25 0 Subordinate No 2852 Cedar Elm 7 0 Vines, Grade Change, Pic 145 No 2853 Cedar Elm 10.25 10.25 Yes 2854 Mesquite 6.75 0 Not Protected No 2855 Cedar Elm 6.25 6.25 Yes 2856 Cedar Elm 7.75 0 Unilateral, Grade Raised, Pic 143 No 2857 Cedar Elm 7.25 7.25 Yes 2858 Cedar Elm 10 0 Dual Leader, Included Bark, Pic 141 No 2859 Cedar Elm 6.75 0 Unilateral, Grade Raised, Pic 140 No 2860 Cedar Elm 6.25 0 Subordinate, Unilateral No 2861 Cedar Elm 9 9 Yes 2862 Cedar Elm 6.5 0 Soil Slump, Pic 138 No 2863 Cedar Elm 6.25 0 Soil Slump, Pic 139 No 2864 Cedar Elm 6.75 0 Unilateral, Soil Slump, Pic 139 No 2865 Green Ash 6 6 Yes 2866 Green Ash 7 0 Unilateral No 2867 American Elm 10.25 0 Dual Leader, Included Bark, Decay Column, Pic 152 No 2868 Green Ash 6.5 6.5 Yes 2869 American Elm 10 10 Grade Raised, Erosion, Pic 153 No 2870 Green Ash 7.25 0 Basal Decay, Pic 155 No 2871 Green Ash 8.5 0 Dual Leader, Included Bark No 2872 Green Ash 7.75 0 Dual Leader, Included Bark, Unilateral,No 2873 Green Ash 6.5 0 Grade Raised, Unilateral, Subordinate, Pic 156 No 2874 Green Ash 6.5 0 Unilateral, Subordinate, Grade Raised, Pic 157 No 7 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2875 Green Ash 6.75 0 Unilateral, Grade Raised, Pic 158 No 2876 Green Ash 7 7 Yes 2877 Green Ash 6.25 6.25 Yes 2878 Green Ash 6.5 0 Basal Compression From Smaller Tree, Pic 154 No 2879 Green Ash 7.25 7.25 Yes 2880 Green Ash 9.25 0 Subordinate, Unilateral No 2881 Green Ash 10.25 0 Subordinate, Unilateral No 2882 Cedar Elm 9.5 0 Subordinate, Unilateral No 2883 Cedar Elm 11 0 Unilateral No 2884 Cedar Elm 8.5 8.5 Yes 2885 Cedar Elm 7.5 0 Dual Leader, Included Bark, Pic 164 No 2886 Cedar Elm 6.5 0 Unilateral, Subordinate No 2887 Green Ash 6.25 0 Unilateral, Subordinate, Horizontal, Pic 159 No 2888 Burr Oak 16.25 0 Dead, Fallen, Pic 165 No 2889 Cedar Elm 10.75 0 Unilateral, Subordinate No 2890 Cedar Elm 10 0 Unilateral, Subordinate No 2891 Cedar Elm 14 14 Yes 2892 Cedar Elm 9.5 9.5 Yes 2893 Cedar Elm 6 0 Subordinate, Wire Girdled, Pic 166 No 2894 Green Ash 10.25 0 Subordinate, Unilateral No 2895 Cedar Elm 6.25 0 Unilateral, Subordinate No 2896 Cedar Elm 7 0 Unilateral, Subordinate No 2897 Cedar Elm 9.5 0 Unilateral, Subordinate No 2898 Cedar Elm 8.75 0 Unilateral No 2899 Cedar Elm 9.5 0 Unilateral No 2900 Cedar Elm 13.25 13.25 Yes 2901 Cedar Elm 12 12 Yes 2902 Cedar Elm 12.25 0 Grade Raised, Pic 167 No 2903 Green Ash 7 0 Unilateral, Subordinate, Raised Grade, Pic 168 No 2904 Cedar Elm 13.25 0 Grade Raised, 169 No 2905 Cedar Elm 12 12 Yes 2906 Cedar Elm 22.5 0 Dual Leader, Included Bark, Pic 170 No 2907 Cedar Elm 11 0 Unilateral No 2908 Cedar Elm 7.5 0 Unilateral, Subordinate No 2909 Cedar Elm 12.5 12.5 Yes 2910 Green Ash 6.25 6.25 Yes 2911 Green Ash 8.5 0 Unilateral, Dual Leader, Included Bark, Pic 160 No 2912 Cedar Elm 10 0 Unilateral, Grade Raised, Pic 161 No 8 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2913 Cedar Elm 7.5 0 Subordinate, Unilateral No 2914 Cedar Elm 14 0 Unilateral No 2915 Cedar Elm 7 0 Subordinate, Unilateral, Dual Leader, Included Bark No 2916 Cedar Elm 7 0 Subordinate, Decay, Pic 162 No 2917 Cedar Elm 9.25 0 Unilateral,No 2918 Cedar Elm 10.25 0 Subordinate, Unilateral, Decay Column, Pic 163 No 2919 Cedar Elm 15.25 15.25 Yes 2920 Burr Oak 20.5 20.5 Yes 2921 Cedar Elm 9.5 0 Subordinate No 2922 Cedar Elm 6.25 0 Subordinate No 2923 Cedar Elm 16 16 Yes 2924 Cedar Elm 13 0 Unilateral No 2925 Cedar Elm 8.5 8.5 Yes 2926 Cedar Elm 6.25 0 Subordinate No 2927 Cedar Elm 8.5 0 Subordinate No 2928 Cedar Elm 11 11 Yes 2929 Cedar Elm 16 16 Yes 2930 Cedar Elm 11.75 0 Unilateral, Subordinate No 2931 Cedar Elm 12.75 0 Unilateral, Subordinate No 2932 Cedar Elm 10.25 0 Unilateral, Subordinate, Grade Raised, Pic 171 No 2933 Cedar Elm 10 0 Subordinate, Unilateral No 2934 Cedar Elm 13.25 13.25 Yes 2935 Cedar Elm 11 0 Subordinate No 2936 Cedar Elm 7 0 Subordinate No 2937 Cedar Elm 13.25 0 Unilateral, Subordinate No 2938 Cedar Elm 8.25 0 Unilateral, Subordinate No 2939 Cedar Elm 12.25 12.25 Yes 2940 Green Ash 8.5 0 Unilateral No 2941 Green Ash 7.75 0 Unilateral No 2942 Green Ash 8.25 0 Unilateral No 2943 Cedar Elm 11.5 11.5 Yes 2944 Cedar Elm 17 0 Unilateral, Dual Leader, Included Bark, Pic175 No 2945 Cedar Elm 15 15 Yes 2946 Cedar Elm 14.5 14.5 Yes 2947 Cedar Elm 9.25 0 Unilateral, Subordinate No 2948 Cedar Elm 14 0 Subordinate, Unilateral No 2949 Cedar Elm 7.25 0 Unilateral, Subordinate No 2950 Cedar Elm 6 0 Subordinate No 9 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2951 Cedar Elm 6.25 0 Subordinate No 2952 Cedar Elm 6.25 0 Subordinate No 2953 Cedar Elm 7.25 7.25 Yes 2954 Cedar Elm 8.75 0 Unilateral, Subordinate No 2955 Cedar Elm 19.5 0 Dual Leader, Included Bark, Pic 172 No 2956 Cedar Elm 9 0 Unilateral, Subordinate No 2957 Cedar Elm 6 0 Unilateral, Subordinate No 2958 Cedar Elm 10.25 0 Dual Leader, Included Bark, Pic 174 No 2959 Cedar Elm 16 0 Severe Storm Damage, Pic 173 No 2960 Cedar Elm 8 0 Unilateral, Subordinate No 2961 Cedar Elm 9.5 0 Unilateral, Subordinate No 2962 Cedar Elm 13.5 13.5 Yes 2963 Cedar Elm 8.25 0 Unilateral, Subordinate No 2964 Cedar Elm 11 0 Unilateral, Subordinate No 2965 Cedar Elm 15.5 15.5 Yes 2966 Cedar Elm 13 13 Yes 2967 Bois d'Arc 9.5 0 Not Protected No 2968 Cedar Elm 9.5 9.5 Yes 2969 Cedar Elm 11 11 Yes 2970 Cedar Elm 10.75 0 Grade Raised, Pic 176 No 2971 Cedar Elm 13.25 0 Grade Raised, Pic 177 No 2972 Cedar Elm 11.75 11.75 Yes 2973 Cedar Elm 9 0 Unilateral, Subordinate No 2974 Cedar Elm 12 12 Yes 2975 Cedar Elm 15 0 Dual Leader, Included Bark, Pic 178 No 2976 Cedar Elm 6.75 0 Unilateral, Subordinate No 2977 Cedar Elm 11 0 Unilateral, Subordinate No 2978 Cedar Elm 6.25 0 Subordinate No 2979 Cedar Elm 6.5 0 Subordinate No 2980 Cedar Elm 13.5 13.5 Yes 2981 Cedar Elm 9.25 0 Unilateral, Subordinate No 2982 Hackberry 7.5 0 Not Protected No 2983 Cedar Elm 12.75 0 Storm Damage, Decay, Pic 181 No 2984 Cedar Elm 13.5 13.5 Yes 2985 Cedar Elm 9.25 0 Subordinate No 2986 Cedar Elm 16.5 0 Unilateral,No 2987 Cedar Elm 9.5 0 Unilateral, Subordinate No 2988 Cedar Elm 9.25 0 Unilateral, Subordinate No 10 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2989 Cedar Elm 7.5 0 Unilateral, Subordinate No 2990 Cedar Elm 7.5 0 Unilateral, Subordinate No 2991 Cedar Elm 7.5 0 Unilateral,No 2992 Cedar Elm 6.25 0 Unilateral, Subordinate No 2993 Cedar Elm 15.5 15.5 Yes 2994 Cedar Elm 12 0 Unilateral No 2995 Cedar Elm 11.25 0 Unilateral No 2996 Cedar Elm 7 0 Subordinate No 2997 Cedar Elm 21.5 21.5 Yes 2998 Bois d'Arc 10.25 0 Unilateral, Subordinate No 2999 Hackberry 10.5 0 Unilateral, Subordinate No 3000 Cedar Elm 15.25 0 Unilateral No 3001 Cedar Elm 15 0 Unilateral No 3002 Green Ash 19.25 0 Compression With 3003, Decline, Pic 97 No 3003 Cedar Elm 27.5 0 Decay Column, Bores, Pic 97 No 3004 Cedar Elm 14.75 0 Subordinate, Unilateral No 3005 Cedar Elm 9.75 0 Unilateral, Subordinate No 3006 Cedar Elm 16.25 16.25 Yes 3007 Cedar Elm 17.75 0 Unilateral No 3008 Cedar Elm 15.75 0 Unilateral, Included Bark, Dual Leader, Pic 86 No 3009 Cedar Elm 15.5 0 Unilateral No 3010 Cedar Elm 9 0 Unilateral, Subordinate No 3011 Cedar Elm 14.5 0 Unilateral, Subordinate No 3012 Cedar Elm 9 0 Unilateral, Subordinate No 3013 Cedar Elm 21.5 21.5 Yes 3014 Cedar Elm 17.75 0 Dual Leader, Included Bark, Pic 98 No 3015 Cedar Elm 17.25 17.25 Yes 3016 Cedar Elm 16.25 0 Unilateral, Dual Leader, Pic 96 No 3017 Cedar Elm 10.25 0 Unilateral, Subordinate No 3018 Pecan 27.5 27.5 Yes 3019 American Elm 8.5 8.5 Yes 3020 Hackberry 8.25 0 Not Protected No 3021 Cedar Elm 6.5 6.5 Yes 3022 Burr Oak 7.25 7.25 Yes 3023 American Elm 24.5 0 Multi Trunk, Included Bark, Pic 108 No 3024 American Elm 10.75 10.75 Yes 3025 Hackberry 15.25 0 Unilateral, Subordinate No 3026 American Elm 25.5 0 Decay Column, Wet Wood, Included Bark, Pic 103 No 11 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3027 Pecan 34.5 0 Unilateral No 3028 Green Ash 23.75 0 Unilateral, Subordinate, Basal Decay, Pic 102 No 3029 Green Ash 23 23 Yes 3030 American Elm 9.5 0 Unilateral No 3031 Hackberry 13.75 0 Unilateral No 3032 Hackberry 12 0 Unilateral, Subordinate No 3033 Green Ash 15 0 Half Missing, Decay, Pic 99 No 3034 Green Ash 16.75 0 Dual Leader, Pic 100 No 3035 Green Ash 16.5 0 Unilateral No 3036 Green Ash 17.5 0 Unilateral,No 3037 Green Ash 10.5 0 Unilateral, Subordinate, Falling Pic 193 No 3038 Green Ash 22.5 0 Unilateral, Borers, 194 No 3039 Bois d'Arc 11 0 Dual Leader, Included Bark, 195 No 3040 Green Ash 16.75 0 Unilateral, Subordinate, Falling, Pic 196 No 3041 Cedar Elm 11 0 Unilateral, Subordinate No 3042 Cedar Elm 13 0 Unilateral, Subordinate No 3043 Cedar Elm 9 0 Unilateral, Subordinate No 3044 Green Ash 14 0 Unilateral, Subordinate No 3045 Green Ash 27 0 Unilateral, Subordinate, Decay Column, Hollow, Pic 188 No 3046 Green Ash 12.75 0 Unilateral, Subordinate No 3047 Cedar Elm 29 0 Dual, Included Bark, Pic 189 No 3048 Cedar Elm 19.25 0 Hollow, Pic 190 No 3049 Cedar Elm 9.5 0 Unilateral, Subordinate No 3050 Cedar Elm 13.5 0 Unilateral, Subordinate No 3051 Green Ash 7.25 0 Dual Included Bark, Pic 128 No 3052 Hackberry 10.5 0 Decay, Included bark, Pic 127 No 3053 American Elm 13.75 0 Dual Leader, Included Bark, Pic 126 No 3054 Green Ash 8.25 0 Trunk Damage, Pic 129 No 3055 American Elm 13.5 0 Unilateral, Dual Leader, Included Bark, Pic 124 No 3056 Cedar Elm 7 0 Unilateral No 3057 Cedar Elm 9.25 0 Dual Leader, Included Bark, Pic 151 No 3058 Green Ash 6.25 0 Dual Leader, Included Bark, Pic 150 No 3059 Green Ash 6.5 0 Unilateral, Dual Leader No 3060 Cedar Elm 6 0 Split, Pic 149 No 3061 Green Ash 6.5 0 Raised Grade, Pic 142 No 3062 Cedar Elm 17.25 0 Decay Column, Pic 95 No 3063 Cedar Elm 11.25 0 Unilateral, Subordinate No 3064 Cedar Elm 15.75 0 Flair Occlusion, Decay, Pic 94 No 12 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3065 Cedar Elm 15.5 0 No Flair, Decay Column, Decline, Pic 90 No 3066 Cedar Elm 24.25 24.5 Yes 3067 Cedar Elm 8.5 0 Unilateral, Subordinate, No Flair, Pic 91 No 3068 Cedar Elm 10.75 0 Unilateral, Subordinate No 3069 Cedar Elm 13.75 13.75 Yes 3070 Cedar Elm 11 11 Yes 3071 Cedar Elm 12 0 Unilateral No 3072 Chittum 14 0 Decay Column, Pic 179 No 3073 Cedar Elm 10.5 0 Unilateral No 3074 Cedar Elm 17 0 Decay Column, Pic 180 No 3075 Cedar Elm 16.25 16.25 Yes 3076 American Elm 10.75 0 Unilateral, Subordinate No 3077 Hackberry 10.75 10.75 Yes 3078 Cedar Elm 8 0 Subordinate, Unilateral No 3079 American Elm 9.25 9.25 Yes 3080 Hackberry 13.25 0 Unilateral, Subordinate, Decay Column, Pic 104 No 3081 American Elm 30 0 Decay Column, Hazardous, 198 No 3082 Green Ash 14.5 0 Unilateral, Subordinate No 3083 American Elm 22.25 0 Unilateral, Hazardous, Pic 199 No 3084 Cedar Elm 8 0 Unilateral, Subordinate, Decay, Pic 200 No 3085 Cedar Elm 10 0 Unilateral, Subordinate No 3086 Cedar Elm 14 0 Unilateral,No 3087 Green Ash 12.75 0 Unilateral, Subordinate, Pic 201 No 3088 Bois d'Arc 6.5 0 Not Protected No 3089 Hackberry 7.25 0 Not Protected No 3090 Hackberry 8 0 Not Protected No 3091 Cedar Elm 6.5 0 Subordinate No 3092 Burr Oak 6.75 0 Subordinate No 3093 Bois d'Arc 7 0 Not Protected No 3094 Bois d'Arc 12.25 0 Dual Leader, Included Bark, Pic 215 No 3095 American Elm 7 0 Unilateral, Subordinate No 3096 Hackberry 12.5 0 Included Bark, Pic 214 No 3097 Hackberry 6.5 0 Not Protected No 3098 Bois d'Arc 7 0 Not Protected No 3099 Cedar Elm 8 8 Yes 3100 Green Ash 7.5 0 Dual Leader, Decay, Pic 216 No 3101 Hackberry 7.5 0 Not Protected No 3102 Green Ash 11.75 0 Dual Leader, Included Bark, Pic 213 No 13 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3103 Bois d'Arc 9 0 Not Protected No 3104 Bois d'Arc 11.75 0 Multi Trunk, Included Bark, Pic 212 No 3105 Green Ash 8.25 8.25 Yes 3106 Hackberry 6.5 0 Not Protected No 3107 Bois d'Arc 8.75 0 Not Protected No 3108 Bois d'Arc 7.25 0 Not Protected No 3109 Hackberry 8 0 Not Protected No 3110 American Elm 7 7 Yes 3111 Slippery Elm 6.5 6.5 Yes 3112 American Elm 12 0 Grade Change, Pic 219 No 3113 Green Ash 8.5 0 Unilateral No 3114 Green Ash 8 0 Unilateral No 3115 American Elm 14 14 Yes 3116 American Elm 7.25 0 Unilateral, Subordinate No 3117 Bois d'Arc 14.75 0 Dual Leader, Included Bark Pic 218 No 3118 Hackberry 6.5 0 Not Protected No 3119 American Elm 7 0 Subordinate No 3120 American Elm 8.25 0 Unilateral, Subordinate No 3121 Green Ash 6.75 0 Dual Leader, Included Bark No 3122 Hackberry 8.75 0 Not Protected No 3123 Bois d'Arc 7.25 0 Not Protected No 3124 Bois d'Arc 7.75 0 Not Protected No 3125 Hackberry 10.25 10.25 Yes 3126 Hackberry 8.5 0 Not Protected No 3127 Hackberry 7 0 Not Protected No 3128 Hackberry 6.75 0 Not Protected No 3129 Green Ash 11.25 0 Dual Leader, Included Bark, Pic 211 No 3130 Hackberry 9.75 0 Not Protected No 3131 Hackberry 9.25 0 Not Protected No 3132 Hackberry 11.25 0 Unilateral, Dual Leader, Included Bark, Pic 217 No 3133 Hackberry 7 0 Not Protected No 3134 Hackberry 7.5 0 Not Protected No 3135 Hackberry 7 0 Not Protected No 3136 Hackberry 9.5 0 Not Protected No 3137 Bois d'Arc 11.75 0 Multi Trunk, Included Bark No 3138 Hackberry 7.5 0 Not Protected No 3139 Bois d'Arc 6.5 0 Not Protected No 3140 Hackberry 7 0 Not Protected No 14 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3141 American Elm 11.75 0 Unilateral No 3142 Hackberry 8.5 0 Not Protected No 3143 American Elm 19.75 19.75 Yes 3144 Bois d'Arc 7 0 Not Protected No 3145 American Elm 14.75 0 Dual Leader, Included Bark, Unilateral, Pic 220 No 3146 American Elm 10.5 10.5 Yes 3147 American Elm 7.25 0 Unilateral, Subordinate No 3148 Green Ash 9.25 0 Dual Leader, Included Bark No 3149 American Elm 9.75 9.75 Yes 3150 Slippery Elm 7.75 0 Unilateral, Subordinate No 3151 Slippery Elm 9 0 Unilateral, Terminal Dieback, Pic 227 No 3152 Cedar Elm 6.75 6.75 Yes 3153 American Elm 9.25 9.25 Yes 3154 Cedar Elm 8.75 8.75 Yes 3155 Green Ash 16.5 0 Subordinate, Unilateral, Decay Column, Pic 109 No 3156 American Elm 24.5 0 Multi Trunk, Included Bark, Wire Girdled, Pic 109 No 3157 Bois d'Arc 24.5 0 Multi Trunk, Included Bark No 3158 Green Ash 13.25 0 Decay, Pic 230 No 3159 Hackberry 8 0 Not Protected No 3160 Hackberry 8 0 Not Protected No 3161 Cedar Elm 9.25 0 Dual Leader, Included Bark No 3162 Bois d'Arc 9.25 0 Not Protected No 3163 Hackberry 6.5 0 Not Protected No 3164 Bois d'Arc 8.25 0 Not Protected No 3165 Cedar Elm 7 7 Yes 3166 Hackberry 7.5 0 Not Protected No 3167 Green Ash 6.75 6.75 Yes 3168 Cedar Elm 11.75 0 Dual Leader, Included Bark, Pic 226 No 3169 Hackberry 9.75 0 Not Protected No 3170 Hackberry 6.75 0 Not Protected No 3171 Hackberry 7 0 Not Protected No 3172 Cedar Elm 6.75 0 Dual Leader, Included Bark No 3173 Bois d'Arc 16 0 Multi Trunk, Included Bark No 3174 Hackberry 7.25 0 Not Protected No 3175 Hackberry 7 0 Not Protected No 3176 Cedar Elm 8.5 8.5 Yes 3177 Slippery Elm 6.5 0 Unilateral, Subordinate No 3178 Hackberry 7 0 Not Protected No 15 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3179 Green Ash 8 0 Unilateral No 3180 Hackberry 7.25 0 Not Protected No 3181 Hackberry 8 0 Not Protected No 3182 Hackberry 8.75 0 Not Protected No 3183 Hackberry 8 0 Not Protected No 3184 Hackberry 6.5 0 Not Protected No 3185 Cedar Elm 15.25 0 Unilateral, Subordinate No 3186 Burr Oak 22 22 Yes 3187 Green Ash 23.25 0 Hypoxylon, Decay, Pic 208 No 3188 Green Ash 17.5 0 Uni, Subordinate, Decay, Pic 209 No 3189 Green Ash 15.5 0 Unilateral, Subordinate,No 3190 Bois d'Arc 25.25 0 Multi, Included Bark, Pic 206 No 3191 Hackberry 15.25 0 Decay, 207 No 3192 Hackberry 12.5 12.5 Yes 3193 Hackberry 12 0 Severe Decay, Pic 205 No 3194 Hackberry 13.5 0 Twisted With 3195, Pic 204 No 3195 Cedar Elm 14.5 0 Unilateral, Subordinate, 3194 Twisted Around Pic 204 No 3196 Green Ash 14.75 0 Unilateral, Subordinate No 3197 Green Ash 9.25 0 Unilateral, Subordinate No 3198 Cedar Elm 11 0 Unilateral, Subordinate No 3199 Cedar Elm 9.75 0 Unilateral, Subordinate No 3212 Green Ash 9.25 9.25 Yes 3213 Green Ash 8.75 8.75 Yes 3214 Green Ash 7 7 Yes 3215 Cedar Elm 11.25 0 Dual Leader, Included Bark, Pic 222 No 3216 Green Ash 10.75 0 Unilateral No 3217 Green Ash 7 7 Yes 3218 Green Ash 9 0 Unilateral No 3219 Green Ash 7.25 0 Unilateral, Subordinate No 3220 Green Ash 8 8 Yes 3221 Green Ash 7.5 0 Unilateral No 3222 Cedar Elm 10.5 0 Dual Leader, Included Bark No 3223 Hackberry 6 0 Not Protected No 3224 Hackberry 8.25 0 Not Protected No 3225 Bois d'Arc 22.75 0 Multi Trunk, Included Bark, Pic 221 No 3226 Hackberry 6.75 0 Not Protected No 3227 Green Ash 9 9 Yes 3228 Hackberry 6.25 0 Not Protected No 16 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3229 Hackberry 7 0 Not Protected No 3230 Hackberry 16 0 Dual Leader, Included Bark No 3231 Bois d'Arc 8.5 0 Not Protected No 3232 Bois d'Arc 9 0 Not Protected No 3233 Cedar Elm 6.5 0 Unilateral, Subordinate No 3234 Green Ash 16.75 0 Multi Trunk, Included Bark No 3235 Green Ash 9.25 0 Unilateral, Dual Leader, Included Bark No 3236 Green Ash 8.25 0 Dual Leader, Included Bark No 3237 Green Ash 11.5 0 Unilateral, Dual Leader, Included Bark No 3238 Hackberry 7.25 0 Not Protected No 3239 Green Ash 11.25 0 Dual Leader, Included Bark No 3240 Green Ash 7.25 0 Unilateral, Decay, Borers, Pic 231 No 3241 Slippery Elm 6.25 0 Dual Leader No 3242 Green Ash 11.5 11.5 Yes 3243 Cedar Elm 7 7 Yes 3244 Bois d'Arc 9.75 0 Not Protected No 3245 Cedar Elm 6 0 Dual Leader ,included Bark No 3246 Live Oak 8 0 Planted By Neighbors, Multi Trunk, Included Bark No 3247 Live Oak 7.5 0 Planted By Neighbors, Dual Leader, Included Bark No 3248 Live Oak 11.75 0 Planted By Neighbors, Multi Trunk, Included Bark No 3249 Green Ash 22.75 0 Dual Leader, Included Bark, Grade Raised, Pic 233 No 3250 Green Ash 29.5 0 Multi Trunk, Included Bark, Decay Pic 232 No 3251 Cypress 7.5 0 Planted By Neighbors No 3252 Cypress 10.5 0 Planted By Neighbors No 3253 Cypress 9 0 Planted By Neighbors No 3254 Cypress 6.25 0 Planted By Neighbors No 3255 Green Ash 9.25 0 Unilateral, Subordinate No 3256 Bois d'Arc 6.5 0 Not Protected No 3257 Green Ash 6.75 0 Unilateral, Subordinate No 3258 Bois d'Arc 7.25 0 Not Protected No 3259 Honey Locust 9 0 Unilateral, Subordinate No 3260 American Elm 12 0 Unilateral, Subordinate No 3261 American Elm 14.25 14.25 Yes 3262 Bois d'Arc 12.5 0 Dual Leader, Included Bark, Unilateral, Subordinate No 3263 Bois d'Arc 9.5 0 Not Protected No 3264 Cedar Elm 7.75 7.75 Yes 3265 Hackberry 16 0 Included Bark No 3266 Hackberry 6.25 0 Not Protected No 17 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3267 Pecan 8.75 8.75 Yes 3268 Hackberry 7 0 Not Protected No 3269 Bois d'Arc 9 0 Not Protected No 3270 Bois d'Arc 6.75 0 Not Protected No 3271 Hackberry 11.25 11.25 Yes 3272 Bois d'Arc 6.75 0 Not Protected No 3273 Hackberry 9.5 0 Not Protected No 3274 Green Ash 7.25 7.25 Yes 3275 Green Ash 12 0 Dual Leader, Included Bark No 3276 Bois d'Arc 7 0 Not Protected No 3277 Hackberry 8.25 0 Not Protected No 3278 Green Ash 7.5 0 Unilateral, Subordinate No 3279 Hackberry 8.5 0 Not Protected No 3280 Bois d'Arc 10.5 0 Unilateral, Included Bark, Dual Leader No 3281 Bois d'Arc 12.25 0 Multi Trunk, Included Bark, Unilateral, Subordinate No 3282 Bois d'Arc 7.75 0 Not Protected No 3283 Green Ash 6.25 0 Unilateral, Subordinate No 3284 Green Ash 12.75 0 Unilateral, Included Bark No 3285 Green Ash 14.5 0 Dual Leader, Included Bark No 3286 Green Ash 8.5 0 Unilateral, Subordinate No 3287 Hackberry 9 0 Not Protected No 3288 Cedar Elm 10.5 0 Unilateral, Included Bark No 3289 Green Ash 8.25 0 Unilateral, Subordinate No 3290 Green Ash 7 0 Unilateral, Subordinate, Dual Leader, Decay No 3291 Hackberry 7.75 0 Not Protected No 3292 Hackberry 8.5 0 Not Protected No 3293 Hackberry 7 0 Not Protected No 3294 Hackberry 10 0 Unilateral, Dual leader, Included Bark No 3295 Hackberry 6.25 0 Not Protected No 3296 Hackberry 8 0 Not Protected No 3297 Hackberry 8.75 0 Not Protected No 3298 Hackberry 9.25 0 Not Protected No 3299 Hackberry 8 0 Not Protected No 3300 Hackberry 8 0 Dead No 3301 Hackberry 7.75 0 Not Protected No 3302 Hackberry 8.25 0 Not Protected No 3303 Hackberry 6.75 0 Not Protected No 3304 Hackberry 12 12 Yes 18 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3305 Hackberry 6.5 0 Not Protected No 3306 Hackberry 7.75 0 Not Protected No 3307 Hackberry 9.75 0 Not Protected No 3308 Hackberry 9.5 0 Not Protected No 3309 Hackberry 9.5 0 Not Protected No 3310 Hackberry 9 0 Not Protected No 3311 Hackberry 7.5 0 Not Protected No 3312 Hackberry 7 0 Not Protected No 3313 Hackberry 8 0 Not Protected No 3314 Hackberry 9.75 0 Not Protected No 3315 Hackberry 7.25 0 Not Protected No 3316 Hackberry 9 0 Not Protected No 3317 Bois d'Arc 10 0 Dual Leader,No 3318 Chittum 19.5 0 Multi Trunk No 3319 Hackberry 8.75 0 Not Protected No 3320 Hercules Club 11.25 0 Unilateral, Subordinate, Decline No 3321 Cedar Elm 14.25 14.25 Yes 3322 Hackberry 7 0 Not Protected No 3323 Hackberry 7.5 0 Not Protected No 3324 Hackberry 9.75 0 Not Protected No 3325 Bois d'Arc 12.75 0 Dual Leader, Included Bark, Decline No 3326 Green Ash 8 0 Unilateral, Basal Decay, Pic 238 No 3327 American Elm 7.75 0 Unilateral, Subordinate No 3328 Hackberry 7.25 0 Not Protected No 3329 Chittum 9.5 0 Subordinate No 3330 Green Ash 7.75 7.75 Yes 3331 Green Ash 8.75 0 Unilateral No 3332 Hackberry 10.5 0 Basal Decay, Pic 237 No 3333 Green Ash 9 0 Unilateral, Subordinate No 3334 Bois d'Arc 18.25 0 Dual Leader, Included Bark No 3335 Green Ash 13 0 Dual Leader, Included, Unilateral, Subordinate No 3336 Green Ash 13.5 0 Dual Leader, Included Bark No 3337 Hackberry 11.5 11.5 Yes 3338 Green Ash 11 11 Yes 3339 Bois d'Arc 30.75 0 Multi Trunk, Included Bark No 3340 Green Ash 11.75 11.75 Yes 3341 Green Ash 8.25 0 Unilateral, Subordinate No 3342 Green Ash 8.5 0 Unilateral, Subordinate No 19 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3343 Bois d'Arc 11 0 Dual Leader, Included Bark, Unilateral, Subordinate No 3344 Green Ash 10.25 10.25 Yes 3345 Green Ash 8.5 0 Unilateral, Subordinate No 3346 Green Ash 11 0 Unilateral No 3347 Green Ash 7 0 Unilateral, Subordinate No 3348 Green Ash 12.25 0 Dual Leader, Included Bark No 3349 Green Ash 10.75 10.75 Yes 3350 Green Ash 9.25 9.25 Yes 3351 Green Ash 11 11 Yes 3352 Green Ash 8.25 0 Dual Leader, Included Bark, Subordinate No 3353 Green Ash 8.5 0 Unilateral, Subordinate No 3354 Green Ash 8.25 8.25 Yes 3355 Green Ash 10 10 Yes 3356 Green Ash 10.5 10.5 Yes 3357 Cedar Elm 7 7 Yes 3358 Green Ash 6.25 0 Unilateral, Subordinate No 3359 Green Ash 9 0 Unilateral, Subordinate No 3360 Green Ash 7.75 0 Unilateral, Subordinate No 3361 Green Ash 6.5 6.5 Yes 3362 Green Ash 10.25 10.25 Yes 3363 Green Ash 8 8 Yes 3364 Green Ash 11.25 11.25 Yes 3365 Green Ash 6.5 0 Unilateral, Subordinate No 3366 Green Ash 7.25 0 Dual Leader No 3367 Green Ash 7 0 Unilateral, Subordinate No 3368 Green Ash 6.75 6.75 Yes 3369 Green Ash 7.75 0 Dual Leader, Unilateral, Subordinate No 3370 Green Ash 8 0 Unilateral No 3371 Green Ash 9 0 Unilateral, Subordinate No 3372 Bois d'Arc 14.5 0 Unilateral, Dual Leader, Included Bark, Pic 235 No 3373 Hackberry 7.5 0 Not Protected No 3374 Green Ash 8.75 8.75 Yes 3375 Green Ash 7.5 7.5 Yes 3376 Green Ash 8.25 8.25 Yes 3377 Hackberry 12 12 Yes 3378 Green Ash 6.5 0 Unilateral, Subordinate No 3379 Green Ash 7.5 0 Unilateral No 3380 American Elm 11.5 11.5 Yes 20 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3381 American Elm 12.25 12.25 Yes 3382 Green Ash 8.5 0 Unilateral No 3383 Green Ash 6.75 0 Unilateral, Subordinate No 3384 Green Ash 8 8 Yes 3385 Green Ash 11 11 Yes 3386 Bois d'Arc 15.5 0 Unilateral,No 3387 Bois d'Arc 30 0 Unilateral, Dual Leader, Included Bark, Pic 239 No 3388 Bois d'Arc 43.5 0 Multi Trunk, Included Bark, Pic 240 No 3389 Hackberry 13 0 Unilateral, Subordinate No 3390 Green Ash 8.75 8.75 Yes 3391 Hackberry 8.25 0 Not Protected No 3392 Bois d'Arc 18.5 0 Decline, Terminal Dieback No 3393 American Elm 9.25 9.25 Yes 3394 Green Ash 9.5 0 Dual Leader, Included Bark No 3395 Hackberry 9.25 0 Not Protected No 3396 Hackberry 16 0 Dual Leader, Included Bark, Pic 250 No 3397 Pecan 10 10 Yes 3398 Bois d'Arc 22.75 0 Dual Leader, Included Bark No 3399 Green Ash 7.5 7.5 Yes 3400 Bois d'Arc 9.75 0 Not Protected No 3401 Hackberry 6.5 0 Not Protected No 3402 Siberian Elm 16.75 0 Declining No 3403 Bois d'Arc 19.5 0 Included Bark,No 3404 Bois d'Arc 23.5 0 Multi Trunk, Included Bark, Unilateral No 3405 Bois d'Arc 8 0 Not Protected No 3406 Bois d'Arc 39 0 Dual Leader, Included Bark, Hollow, Pic 261 No 3407 Bois d'Arc 28 0 Dual Leader, Included Bark No 3408 Bois d'Arc 12.5 0 Unilateral, Subordinate, Decline No 3409 Bois d'Arc 21.75 0 Dual Leader, Included Bark, Hollow No 3410 Bois d'Arc 8 0 Not Protected No 3411 Hackberry 7.75 0 Not Protected No 3412 Hackberry 7 0 Not Protected No 3413 Hercules Club 9 0 Hollow No 3414 Hackberry 6.75 0 Not Protected No 3415 Cedar Elm 5.25 0 Not Protected No 3416 Cedar Elm 8.25 0 Unilateral, Subordinate No 3417 Hackberry 7.75 0 Not Protected No 3418 Bois d'Arc 17.75 0 Fallen, Decline No 21 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3419 Hackberry 9.75 0 Not Protected No 3420 Cedar Elm 12.5 12.5 Yes 3421 Hackberry 6.75 0 Not Protected No 3422 Hackberry 10.25 0 Unilateral, Subordinate No 3423 Hackberry 7.25 0 Not Protected No 3424 Hackberry 12.5 0 Broken Fallen, Pic 255 No 3425 Hackberry 9.5 0 Not Protected No 3426 Cedar Elm 6.5 6.5 Yes 3427 Bois d'Arc 8.75 0 Not Protected No 3428 Hackberry 9.5 0 Not Protected No 3429 Hackberry 6.5 0 Not Protected No 3430 Hackberry 12.25 0 Included Bark, Raised Grade, Pic 253 No 3431 Hackberry 8.5 0 Not Protected No 3432 Bois d'Arc 8 0 Not Protected No 3433 Bois d'Arc 7 0 Not Protected No 3434 Cedar Elm 8.75 0 Dual Leader, Included Bark No 3435 Hackberry 7.75 0 Not Protected No 3436 Hackberry 6.5 0 Not Protected No 3437 Hackberry 7.75 0 Not Protected No 3438 Hackberry 15.25 0 Wire Girdled, Basal Decay, Pic 254 No 3439 Hackberry 8 0 Not Protected No 3440 Hercules Club 6.5 0 Subordinate, Unilateral, Decay Column No 3441 Hackberry 8.5 0 Not Protected No 3442 Hackberry 8 0 Not Protected No 3443 Bois d'Arc 9 0 Not Protected No 3444 Hackberry 7 0 Not Protected No 3445 Bois d'Arc 7.5 0 Not Protected No 3446 Bois d'Arc 7 0 Not Protected No 3447 Green Ash 7.5 7.5 Yes 3448 Hackberry 9.75 0 Not Protected No 3449 Cedar Elm 6.25 6.25 Yes 3450 Hackberry 8.75 0 Not Protected No 3451 Hackberry 8 0 Not Protected No 3452 Hackberry 7.75 0 Not Protected No 3453 Hackberry 9.75 0 Not Protected No 3454 American Elm 10.25 0 Unilateral, Subordinate No 3455 Hackberry 8.5 0 Not Protected No 3456 Bois d'Arc 12 0 Dual Leader, Included Bark, Female No 22 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3457 Hackberry 7.5 0 Not Protected No 3458 Cedar Elm 6.25 0 Unilateral, Subordinate No 3459 Bois d'Arc 8.5 0 Not Protected No 3460 Bois d'Arc 18.75 0 Multi Trunk, Included Bark, Raised Grade No 3461 Cedar Elm 7.5 0 Dual Leader, Included Bark, Raised Grade No 3462 Pecan 6.5 0 Subordinate No 3463 Bois d'Arc 15.5 0 Multi Trunk, Included Bark No 3464 Cedar Elm 7.25 7.25 Yes 3465 American Elm 7 0 Unilateral, Subordinate No 3466 Bois d'Arc 8.75 0 Not Protected No 3467 Bois d'Arc 11 0 Multi Trunk, Included Bark No 3468 Bois d'Arc 7 0 Not Protected No 3469 Hackberry 6.75 0 Not Protected No 3470 Bois d'Arc 7 0 Not Protected No 3471 Slippery Elm 8.75 0 Dual Leader, Included Bark No 3472 Hackberry 8.25 0 Not Protected No 3473 Bois d'Arc 9.75 0 Not Protected No 3474 Bois d'Arc 7 0 Not Protected No 3475 Bois d'Arc 9.5 0 Not Protected No 3476 Bois d'Arc 19.25 0 Multi Trunk, Included Bark No 3477 Green Ash 7 0 Unilateral, Subordinate No 3478 Green Ash 7.75 0 Unilateral, Subordinate, Dual Leader No 3479 Hackberry 7 0 Not Protected No 3480 Bois d'Arc 7 0 Not Protected No 3481 Green Ash 6.75 6.75 Yes 3482 Bois d'Arc 7 0 Not Protected No 3483 Bois d'Arc 8.25 0 Not Protected No 3484 Bois d'Arc 8 0 Not Protected No 3485 Green Ash 7 0 Unilateral, Subordinate No 3486 American Elm 16 16 Yes 3487 Green Ash 7 0 Unilateral, Subordinate No 3488 Green Ash 15 0 Multi Trunk, Included Bark, Unilateral No 3489 Green Ash 9 0 Unilateral, Subordinate No 3490 Green Ash 6.5, 2.5 0 Dual Leader No 3491 Hackberry 8.25 0 Not Protected No 3492 American Elm 11.75 0 Unilateral No 3493 Hackberry 7 0 Not Protected No 3494 Hackberry 12 0 Dual Leader, Included Bark No 23 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3495 Bois d'Arc 6.5 0 Not Protected No 3496 Bois d'Arc 9 0 Not Protected No 3497 American Elm 7 0 Unilateral, Subordinate No 3498 Hackberry 6.75 0 Not Protected No 3499 Cedar Elm 6 6 Yes 3500 Bois d'Arc 9 0 Not Protected No 3501 Cedar Elm 8 0 Dual Leader, Included Bark No 3502 Green Ash 7.75 0 Dual Leader No 3503 American Elm 10.5 10.5 Yes 3504 Bois d'Arc 7.75 0 Not Protected No 3505 Bois d'Arc 9 0 Not Protected No 3506 Green Ash 11.75 0 Multi Trunk, Included Bark No 3507 American Elm 7.75 7.75 Yes 3508 Green Ash 10.5 0 Dual Leader, Included Bark No 3509 American Elm 6.5 0 Unilateral No 3510 American Elm 6.5 6.5 Yes 3511 Bois d'Arc 7.75 0 Not Protected No 3512 Green Ash 6.75 6.75 Yes 3513 Green Ash 6.75 6.75 Yes 3514 Bois d'Arc 12.25 0 Multi Trunk, Included Bark No 3515 Bois d'Arc 15.5 0 Multi Trunk, Included Bark No 3516 Cedar Elm 8 8 Yes 3517 Hackberry 9 0 Not Protected No 3518 Hackberry 7 0 Not Protected No 3519 Hackberry 7 0 Not Protected No 3520 Hackberry 7.5 0 Not Protected No 3521 Hackberry 6 0 Not Protected No 3522 Hackberry 7.5 0 Not Protected No 3523 Hackberry 9.75 0 Not Protected No 3524 Hackberry 7.25 0 Not Protected No 3525 American Elm 6.5 0 Across Fence, Unilateral No 3526 Hackberry 12 12 Yes 3527 Hackberry 7 0 Not Protected No 3528 Bois d'Arc 6.75 0 Not Protected No 3529 Hackberry 7.75 0 Not Protected No 3530 Bois d'Arc 11 0 Included Bark No 3531 Cedar 9.25 9.25 Yes 3532 Hackberry 10.5 0 Top Broken Out, Pic 268 No 24 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3533 Hackberry 9 0 Not Protected No 3534 Hackberry 6.5 0 Not Protected No 3535 American Elm 8 0 Unilateral, Subordinate, Across Fence No 3536 Hackberry 8.5 0 Not Protected No 3537 Hackberry 7.5 0 Not Protected No 3538 American Elm 6 0 Unilateral, Subordinate No 3539 Hackberry 8.5 0 Not Protected No 3540 Pecan 6.5 6.5 Yes 3541 American Elm 7.5 0 Unilateral No 3542 Green Ash 9.25 0 Dual Leader, Included Bark No 3543 American Elm 8.75 0 Unilateral No 3544 Cedar Elm 6.5 6.5 Yes 3545 American Elm 6.25 6.25 Yes 3546 Green Ash 7.5 0 Dual Leader, Included Bark No 3547 Green Ash 6.5 6.5 Yes 3548 Hackberry 12 0 Dual Leader, Canker, Pic264 No 3549 American Elm 7.5 0 Unilateral,No 3550 Green Ash 9 9 Yes 3551 Slippery Elm 8.5 8.5 Yes 3552 American Elm 13.25 0 Included Bark No 3553 Pecan 12.75 12.75 Yes 3554 Hackberry 16.25 16.25 Yes 3555 American Elm 8.25 0 Dual Leader, Included Bark No 3556 Hackberry 8 0 Not Protected No 3557 American Elm 9.5 0 Unilateral, Subordinate No 3558 Cedar Elm 8 0 Dual Leader, Included Bark No 3559 Hackberry 7.5 0 Not Protected No 3560 Green Ash 7.5 7.5 Yes 3561 Hackberry 7.75 0 Not Protected No 3562 Cedar Elm 6.75 6.75 Yes 3563 Green Ash 8 0 Dual Leader, Included Bark No 3564 Hackberry 7 0 Not Protected No 3565 Green Ash 7.5 7.5 Yes 3566 Green Ash 6.25 6.25 Yes 3567 Green Ash 8 8 Yes 3568 Green Ash 8 8 Yes 3569 Hackberry 9.75 0 Not Protected No 3570 Cedar Elm 7 0 Dual Leader, Included Bark No 25 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3571 Slippery Elm 7.5 7.5 Yes 3572 Hackberry 9.25 0 Not Protected No 3573 Hackberry 7 0 Not Protected No 3574 Hackberry 11.5 0 Dual Leader, Included Bark No 3575 Green Ash 7.25 0 Unilateral No 3576 Hackberry 7.25 0 Not Protected No 3577 Hackberry 8 0 Not Protected No 3578 Slippery Elm 8.5 0 Unilateral No 3579 Slippery Elm 9 9 Yes 3580 Hercules Club 14.5 0 Multi Trunk, Included Bark, Decay No 3581 American Elm 6 0 Unilateral, Subordinate No 3582 American Elm 10 10 Yes 3583 American Elm 10 0 Unilateral No 3584 Bois d'Arc 6.5 0 Not Protected No 3585 Hackberry 8.5 0 Not Protected No 3586 Green Ash 7.25 7.25 Yes 3587 Slippery Elm 9.25 9.25 Yes 3588 Cedar Elm 8.25 8.25 Yes 3589 Green Ash 8 8 Yes 3590 Cedar Elm 7.75 7.75 Yes 3591 Slippery Elm 13.25 13.25 Yes 3592 Cedar Elm 11.25 11.25 Yes 3593 Green Ash 8 0 Unilateral No 3594 Cedar Elm 8 8 Yes 3595 Green Ash 7.75 7.75 Yes 3596 Green Ash 8 0 Unilateral No 3597 Green Ash 6.5 6.5 Yes 3598 Green Ash 8 8 Yes 3599 American Elm 15.5 0 Falling In Pond, Unilateral, Subordinate, Pic 242 No 3600 Hackberry 9.5 0 Not Protected No 3601 American Elm 9.5 9.5 Yes 3602 Green Ash 8 8 Yes 3603 American Elm 8.5 0 Unilateral, Subordinate No 3613 Green Ash 7 0 Unilateral, Subordinate No 3614 American Elm 11 0 Unilateral, Dual Leader, Included Bark, Pic 248 No 3615 Hackberry 8 0 Not Protected No 3616 Cedar Elm 8 8 Yes 3617 Hackberry 9 0 Not Protected No 26 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3618 Hackberry 11 0 Unilateral No 3619 Cedar Elm 7 0 Unilateral, Subordinate No 3620 Hackberry 9.75 0 Not Protected No 3621 Hackberry 11 0 Unilateral, Subordinate No 3622 Hackberry 13.5 0 Unilateral, Included Bark No 3623 Slippery Elm 8 8 Yes 3624 Cedar Elm 11 0 Dual Leader, Included Bark No 3625 Cedar Elm 9.25 0 Unilateral No 3626 Hackberry 8.5 0 Not Protected No 3627 American Elm 8.5 0 Unilateral, Subordinate, Dual Leader, Included Bark No 3628 American Elm 9 9 Yes 3629 American Elm 15.5 0 Dual Leader, Included Bark, Pic247 No 3630 Hackberry 11.5 11.5 Yes 3631 Green Ash 8.5 8.5 Yes 3632 Green Ash 7.5 7.5 Yes 3633 Slippery Elm 8 0 Unilateral No 3634 Bois d'Arc 20 0 Multi Trunk, Included Bark No 3635 Bois d'Arc 17.5 0 Multi Trunk, Included Bark No 3636 American Elm 12.5 12.5 Yes 3637 American Elm 9.25 0 Unilateral No 3638 Hackberry 12.5 12.5 Yes 3639 Pecan 10.5 10.5 Yes 3640 Hackberry 12.5 0 Unilateral No 3641 Cedar Elm 12.75 0 Unilateral No 3642 American Elm 20.75 0 Severe Storm Damage, Vines, Decline, Pic 249 No 3645 Hackberry 15 0 Unilateral No 3646 Hackberry 7 0 Not Protected No 3647 Hackberry 13 13 Yes 3648 Hackberry 10.75 10.75 Yes 3651 Bois d'Arc 12.25 0 Dual Leader, Included Bark No 3652 Bois d'Arc 16.5 0 Dual Leader, Included Bark, Pic 256 No 3653 American Elm 10.25 0 Dual Leader No 3654 American Elm 9 0 Dual Leader, Included Bark No 3655 Cedar Elm 11.5 11.5 Yes 3656 American Elm 11.25 0 Dual Leader, Included Bark No 3657 American Elm 12.25 0 Unilateral, Subordinate No 3658 Hackberry 11.25 11.25 Yes 3659 American Elm 15.75 0 Unilateral, Dual Leader, Included Bark No 27 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3660 Siberian Elm 6.5 0 Top Missing, Subordinate, Pic 258 No 3661 American Elm 14.25 0 Dual Leader, Included Bark No 3663 Hackberry 9.5 0 Not Protected No 3664 American Elm 9 9 Yes 3665 American Elm 12.5 12.5 Yes 3666 American Elm 10.75 10.75 Yes 3667 American Elm 12 0 Subordinate, Dual Leader, Included Bark No 3668 Pecan 11.25 11.25 Yes 3670 American Elm 14.25 0 Multi Trunk, Included Bark No 3671 American Elm 10.25 0 Unilateral, Subordinate No 3672 American Elm 23.75 23.75 Yes 3673 Cedar Elm 8 0 Unilateral, Subordinate No 3674 Slippery Elm 9 0 Unilateral, Subordinate No 3675 Hackberry 8.5 0 Not Protected No 3676 Hackberry 15.5 15.5 Yes 3677 Hickory 14.25 0 Borers, Basal Decay, Pic 259 No 3678 American Elm 11.5 0 Unilateral No 3679 Hackberry 10.25 0 Declining No 3680 Hercules Club 14.25 0 Basal Decay, Borers, Pic 260 No 3681 American Elm 10.75 10.75 Yes 3682 Hackberry 14 14 Yes 3683 American Elm 9.5 0 Unilateral, Subordinate No 3684 American Elm 9.5 0 Unilateral No 3685 Pecan 8.5 8.5 Yes 3686 Pecan 8 0 Unilateral No 3687 Pecan 11.75 0 Unilateral, Subordinate No 3688 American Elm 12 0 Unilateral, Subordinate No 3691 American Elm 7 0 Unilateral, Subordinate No 3692 Green Ash 8 0 Unilateral, Subordinate, Decay, Column No 3693 Pecan 25.5 0 Creek Bank, Erosion No 3695 American Elm 14.25 0 Subordinate No 3696 Pecan 29.75 0 Dual Leader, Included Bark, Pic 266 No 3697 Pecan 7.25 0 Unilateral, Subordinate No 3698 Pecan 12 12 Yes 3699 Pecan 7 0 Unilateral, Subordinate No 3700 Hackberry 11.25 11.25 Yes 3701 Pecan 8..75 0 Unilateral No 3702 Pecan 7.25 0 Unilateral, Subordinate No 28 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3703 Pecan 10 10 Yes 3704 Pecan 9.5 9.5 Yes 3705 American Elm 7.25 7.25 Yes 3706 Pecan 10.5 0 Dual Leader, Included Bark No 3707 Pecan 10 0 Unilateral, Grade Raised, Pic 263 No 3708 Green Ash 14 0 Dual Leader, Included Bark No 3709 Cedar Elm 6.75 0 Unilateral, Subordinate, Dual Leader, Included Bark No 3710 Pecan 8 8 Yes 3711 Green Ash 10.75 10.75 Yes 3712 Slippery Elm 8 0 Dual Leader, Included Bark No 3713 Pecan 6.5 0 Unilateral No 3714 Bois d'Arc 18.25 0 Multi Trunk, Included Bark No 3715 American Elm 6.5 0 Unilateral, Subordinate No 3716 Pecan 7.75 0 Unilateral, Subordinate No 3717 American Elm 10.5 0 Dual Leader, Included Bark No 3718 Pecan 9.5 9.5 Yes 3719 Pecan 8.5 0 Unilateral No 3720 American Elm 10 0 Dual Leader, Included Bark No 3721 American Elm 7.25 7.25 Yes 3722 American Elm 7.25 7.25 Yes 3723 American Elm 8.25 0 Unilateral, Dual Leader, Included Bark No 3724 Hackberry 7.25 0 Not Protected No 3725 Slippery Elm 7.5 0 Unilateral, Subordinate No 3726 Bois d'Arc 18.5 0 Mult Trunk, Included Bark No 3727 Hackberry 7 0 Not Protected No 3728 American Elm 9.5 9.5 Yes 3729 Green Ash 8.25 0 Dual Leader, Included Bark No 3730 Green Ash 7.25 7.25 Yes 3731 Green Ash 9 9 Yes 3732 Cedar Elm 9.75 9.75 Yes 3733 Green Ash 8.25 0 Dual Leader, Included Bark No 3734 Green Ash 6.25 6.25 Yes 3735 Green Ash 8.25 8.25 Yes 3736 Green Ash 8.5 0 Dual Leader, Included Bark No 3737 Pecan 7 7 Yes 3738 Pecan 8.25 8.25 Yes 3739 Bois d'Arc 7 0 Not Protected No 3740 Pecan 7 7 Yes 29 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3741 Bois d'Arc 6.25 0 Not Protected No 3742 Bois d'Arc 8.5 0 Not Protected No 3743 Bois d'Arc 8.5 0 Not Protected No 3744 American Elm 7.75 7.75 Yes 3745 Hackberry 6.5 0 Not Protected No 3746 American Elm 8.5 8.5 Yes 3747 Bois d'Arc 9.5 0 Not Protected No 3748 Bois d'Arc 9.25 0 Not Protected No 3749 Bois d'Arc 6.25 0 Not Protected No 3750 Pecan 8 8 Yes 3751 Hackberry 8.25 0 Not Protected No 3752 Bois d'Arc 5.75 0 Not Protected No 3753 American Elm 8.25 0 Unilateral No 3754 Hercules Club 7 7 Yes 3755 Bois d'Arc 8 0 Not Protected No 3756 American Elm 8 8 Yes 3757 American Elm 7.75 7.75 Yes 3758 Pecan 8.5 8.5 Yes 3759 Hercules Club 9.75 0 Unilateral, Subordinate No 3760 Pecan 7.25 7.25 Yes 3761 Pecan 7.5 7.5 Yes 3762 China Berry 8 0 Unilateral No 3763 Pecan 7 0 Subordinate No 3764 Pecan 10 0 Unilateral, Subordinate No 3765 American Elm 7 0 Unilateral, Subordinate No 3766 Hackberry 6 0 Not Protected No 3767 American Elm 8.5 0 Unilateral, Subordinate No 3768 Hackberry 6.75 6.75 Yes 3769 Hackberry 7.5 7.5 Yes 3770 Hackberry 8 8 Yes 3771 American Elm 7.75 0 Unilateral, Subordinate, Wire Girdled No 3772 Hackberry 7 7 Yes 3773 Hackberry 9.25 9.25 Yes 3774 Bois d'Arc 8 8 Yes 3775 American Elm 6.5 6.5 Yes 3776 American Elm 32.75 0 Unilateral, Included Bark No 3777 Cedar Elm 12.5 12.5 Yes 3778 Bois d'Arc 8 8 Yes 30 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3779 Bois d'Arc 7.75 7.75 Yes 3780 Green Ash 7.75 0 Unilateral, Subordinate No 3781 Green Ash 24 0 Unilateral, Falling In Creek No 3782 Bois d'Arc 11 0 Creek Bank Erosion No 3783 Pecan 16.75 0 Unilateral, Subordinate No 3784 Bois d'Arc 7.5 0 Not Protected No 3785 Bois d'Arc 6.25 0 Not Protected No 3786 Pecan 32.25 32.25 Yes 3787 American Elm 8.5 0 Unilateral, Subordinate No 3788 Bois d'Arc 17.25 0 Subordinate No 3789 Green Ash 33.75 0 Decline, Borers No 3790 Green Ash 19 0 Creek Bank, Erosion No 3791 American Elm 12.5 0 Creek Bank, Erosion, Unilateral, Subordinate No 3792 American Elm 16.5 0 Creek Bank, Erosion, Unilateral, Subordinate No 3793 American Elm 15 0 Unilateral, Erosion No 3794 American Elm 15.25 15.25 Yes 3795 Pecan 6.25 6.25 Yes 3796 Bois d'Arc 7.25 0 Not Protected No 3797 Pecan 7.5 7.5 Yes 3798 Pecan 6.5 0 Unilateral, Subordinate No 3799 American Elm 6.75 0 Unilateral, Subordinate No 3800 Pecan 6.5 0 Unilateral, Subordinate No 3801 Pecan 7 7 Yes 3802 Pecan 10.25 10.25 Yes 3803 Pecan 9.75 9.75 Yes 3804 Pecan 8.5 8.5 Yes 3805 Pecan 9 9 Yes 3806 Pecan 6.5 6.5 Yes 3807 China Berry 9.5 0 15 Foot Stump No 3808 Hercules Club 8 0 Dead No 3809 Pecan 12 12 Yes 3810 Green Ash 8 0 Unilateral, Erosion, Creek Bank No 3811 China Berry 9 0 Dual Leader No 3812 American Elm 13.5 0 Creek Bank Erosion No 3813 American Elm 7.25 0 Unilateral, Subordinate, Creek Bank Erosion No 3814 Green Ash 37.5 0 Basal Decay, Pic 272 No 3815 Pecan 25.25 25.25 Yes 3816 Pecan 21.5 0 Unilateral, Creek Bank Erosion, Pic 270 No 31 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3817 Pecan 11.25 0 Creek Bank Erosion, Pic 270 No 3818 Pecan 22.5 0 Unilateral No 3819 Pecan 7 7 Yes 3820 Pecan 7.25 0 Unilateral, Subordinate No 3821 Pecan 7 7 Yes 3822 Pecan 12.5 0 Dual Leader, Included Bark, Pic 271 No 3823 Pecan 7 7 Yes 3824 Pecan 6.25 6.25 Yes 3825 Pecan 6.25 6.25 Yes 3826 American Elm 8.5 8.5 Yes 3827 Pecan 7 0 Unilateral, Subordinate No 3828 Green Ash 7.5 7.5 Yes 3829 American Elm 6 6 Yes 3830 American Elm 6.25 6.25 Yes 3831 Hackberry 7.5 0 Not Protected No 3832 Bois d'Arc 12 0 Subordinate, Included Bark No 3833 Green Ash 9.75 9.75 Yes 3834 Cedar Elm 7.5 7.5 Yes 3835 American Elm 14.5 14.5 Yes 3836 Green Ash 6 0 Unilateral, Subordinate No 3837 Pecan 6.25 6.25 Yes 3838 Pecan 6 0 Unilateral, Subordinate No 3839 Pecan 8.25 8.25 Yes 3840 Pecan 6.75 6.75 Yes 3841 Pecan 6.5 6.5 Yes 3842 Green Ash 7.5 7.5 Yes 3843 Green Ash 7 7 Yes 3844 American Elm 8.5 8.5 Yes 3845 Pecan 8.75 8.75 Yes 3846 Cedar Elm 6.5 6.5 Yes 3847 Green Ash 6.25 6.25 Yes 3848 American Elm 7 0 Creek Bank Erosion No 3849 Pecan 32.75 0 Dual Leader, Included Bark No 3850 American Elm 10.75 0 Unilateral, Subordinate No 3851 Sycamore 18.5 0 Unilateral, Creek Bank Erosion No 3852 Pecan 6.5 0 Unilateral, Subordinate No 3853 Pecan 20 0 Creek Bank Erosion, Pic 269 No 3854 Green Ash 8.25 0 Unilateral, Subordinate, Creek Bank Erosion No 32 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3855 American Elm 6.5 0 Unilateral, Subordinate, Creek Bank Erosion No 3856 American Elm 9.5 0 Unilateral, Subordinate, Creek Bank Erosion No 3857 American Elm 6.25 0 Subordinate, Creek Bank Erosion No 3858 Cotton Wood 42 0 Decay Column, Creek Bank Erosion No 3859 Cedar Elm 6.5 0 Subordinate No 3860 Green Ash 7.25 0 Creek Bank, Erosion No 3861 Green Ash 7 7 Yes 3862 Green Ash 7 0 Creek Bank, Erosion No 3863 Bois d'Arc 5, 2 0 Not Protected No 3864 Pecan 9.25 9.25 Yes 3865 Green Ash 7 7 Yes 3866 Hackberry 9 0 Not Protected No 3867 Cedar Elm 10.5 0 Unilateral, Subordinate No 3868 American Elm 11 11 Yes 3869 American Elm 13 0 Unilateral No 3870 Pecan 6.25 0 Unilateral, Subordinate No 3871 Pecan 7.75 7.75 Yes 3872 Pecan 8.5 0 Unilateral, Subordinate No 3873 Cedar Elm 9.25 0 Unilateral, Subordinate No 3874 American Elm 11.75 0 Subordinate No 3875 Bois d'Arc 7.25 0 Not Protected No 3876 Bois d'Arc 6.25 0 Not Protected No 3877 American Elm 6 0 Unilateral, Subordinate No 3878 China Berry 6.25 6.25 Yes 3879 Pecan 8.75 8.75 Yes 3880 Pecan 10 0 Dual Leader, Included Bark, Unilateral, Subordinate, Pic 267 No 3881 Cedar Elm 6.75 0 Subordinate No 3882 American Elm 6.25 0 Subordinate No 3883 Green Ash 6.5 0 Unilateral, Subordinate, Creek Bank No 3884 Green Ash 6.5 0 Unilateral, Subordinate, Erosion, Creek Bank No 3885 American Elm 9.75 0 Unilateral, Subordinate No 3886 American Elm 7 0 Unilateral, Subordinate, Erosion, Falling In Creek No 3887 American Elm 15.5 0 Unilateral, Subordinate No 2606W Green Ash 7.5 0 Unilateral, Dual Leader, In Power Lines No 2939E Green Ash 11 0 Stump No 2939N Green Ash 9 0 Stump No 2939SE Green Ash 12 0 Stump No 2940NE Green Ash 10 0 Stump No 33 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 2941N Green Ash 14 0 Stump No 2942S Green Ash 9 0 Stump No 2970E Cedar Elm 11 0 Stump No 2970N Green Ash 8 0 Stump No 3051B Cedar Elm 9 0 Unilateral, Subordinate No 3052B Cedar Elm 11.75 0 Unilateral, Subordinate, Grade Raised, Pic 191 No 3053B Cedar Elm 8 0 Unilateral Subordinate, Grade Raised, Pic 191 No 3054B Cedar Elm 13.25 0 Unilateral, Subordinate, Grade raised, Pic 191 No 3055B Bois d'Arc 25.5 0 Decay Column, Pic 186 No 3056B Bois d'Arc 17 0 Included Bark, Decline, Pic 185 No 3057B Cedar Elm 13.5 0 Unilateral, Subordinate No 3058B Cedar Elm 19 19 Yes 3059B Bois d'Arc 20.75 0 Unilateral, Subordinate, Dual Leader, Included Bark, Pic183 No 3060B Cedar Elm 16.25 0 Unilateral, Subordinate No 3061B Cedar Elm 16.25 0 Unilateral No 3062B Burr Oak 30.25 0 Decay Column, 184 No 3063B Cedar Elm 18.75 18.75 Yes 3064B Chittum 9 0 Subordinate No 3065B Bois d'Arc 12.25 0 Dual Leader, Included Bark, Pic 187 No 3066B Cedar Elm 14 0 Unilateral No 3066S Cedar Elm 12.75 0 Broken, Pic 101 No 3067B Cedar Elm 11.5 0 Unilateral, Subordinate No 3068B Cedar Elm 8.25 0 Unilateral, Subordinate No 3069B Hackberry 15.75 0 Unilateral, Subordinate No 3070B Bois d'Arc 17.25 0 Dual Leader, Included Bark, Pic 182 No 3071B Hackberry 9.75 0 Not Protected No 3072B Cedar Elm 10 0 Unilateral, Subordinate No 3073B Hackberry 11 0 Unilateral, Subordinate No 3074B Hackberry 8.5 0 Not Protected No 3075B Cedar Elm 8 0 Unilateral, Subordinate No 3076B Cedar Elm 9.5 9.5 Yes 3077B Bois d'Arc 11.25 11.25 Yes 3078B Pecan 29 0 Grade Raised, Decay Column, Pic 192 No 3079B Cedar Elm 16 0 Unilateral, Subordinate, Grade Raised, Pic 197 No 3080B Hackberry 8 0 Not Protected No 3081B Green Ash 25 25 Yes 3082B Bois d'Arc 8 0 Not Protected No 3083B Bois d'Arc 9 0 Not Protected No 34 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3084B Cedar Elm 6.5 0 Unilateral, Subordinate No 3085B Hackberry 8 0 Not Protected No 3086B Hackberry 7.25 0 Not Protected No 3087B Cedar Elm 7 7 Yes 3088B Hackberry 8.5 0 Not Protected No 3089B Hackberry 6 0 Not Protected No 3090B Hackberry 9.25 0 Not Protected No 3091B Bois d'Arc 9.5 0 Not Protected No 3092B Green Ash 18.75 0 Unilateral, Decay, Pic 210 No 3093B Green Ash 12.25 0 Dual Leader, Included Bark, Pic 223 No 3094B Green Ash 6.75 0 Included Bark With Smaller Hackberry, Pic 225 No 3095B Cedar Elm 7.75 7.75 Yes 3096B Green Ash 7.25 0 Unilateral, Subordinate No 3097B Green Ash 9 9 Yes 3098B Green Ash 9.25 0 Unilateral, Decay, Pic 224 No 3099B Green Ash 7.25 7.25 Yes 3100B Green Ash 9 9 Yes 3101B Green Ash 8 0 Unilateral, Subordinate No 3102B American Elm 12.25 0 Unilateral No 3103B Hackberry 6 0 Not Protected No 3104B Hackberry 10.25 0 Basal Decay, Unilateral, Subordinate No 3105B Bois d'Arc 34.5 0 Dual Leader, Included Bark, Pic 234 No 3106B Green Ash 10 0 Dual Leader, Included Bark, Unilateral No 3107B Bois d'Arc 30.75 0 Dual Leader, Included Bark, Decay, Pic 236 No 3108B Bois d'Arc 39 0 Dual Leader, Split, Pic 251 No 3109B Green Ash 9 9 Yes 3110B Bois d'Arc 15 15 Yes 3111B Hackberry 6.25 0 Not Protected No 3112B Green Ash 6.5 6.5 Yes 3113B Hackberry 10 0 Dual Leader, Included Bark No 3114B Hackberry 6.5 0 Not Protected No 3115B China Berry 7 0 Butt Rot, Pic 252 No 3116B Hackberry 8 0 Not Protected No 3117B Bois d'Arc 14.75 0 Unilateral, Subordinate, Included Bark, Decline No 3118B Bois d'Arc 27 0 Dual Leader, Included Bark No 3119B Bois d'Arc 10.5 0 Unilateral, Subordinate, Occlusion With 3120b No 3120B Hackberry 14.25 0 Basal Occlusion With Other Tree, Pic 262 No 3121B Bois d'Arc 24 0 Dual Leader, Included Bark, Decay No 35 of 72 Easthaven Tree Survey 5/8/2013 Tree Tag # Common Name Total DBH Mitigation Inches Condition Notes/Pic #Protected 3122B Hackberry 9.75 0 Not Protected No 3125B Green Ash 6 6 Yes 3126B American Elm 9 0 Dual Leader, Included Bark No 3127B Pecan 8 0 Unilateral, Subordinate No 3128B Pecan 7 7 Yes 3129B Pecan 6.25 6.25 Yes 3130B Pecan 8 0 Unilateral, Subordinate No 3131B Pecan 6.75 6.75 Yes 3132B American Elm 6 0 Unilateral, Subordinate No 3133B Pecan 6.5 0 Unilateral, Subordinate No 3134B Pecan 10 10 Yes 3135B Pecan 8.5 8.5 Yes 3136B pecan 9.75 9.75 Yes 3137B Cedar Elm 6.5 6.5 Yes 3138B American Elm 6.75 6.75 Yes 3139B Pecan 6.25 0 Unilateral No 3140B Pecan 9.25 9.25 Yes 3141B Pecan 6.75 6.75 Yes 3142B Cedar Elm 8.25 8.25 Yes 3143B Cedar Elm 8 8 Yes 3144B Green Ash 8 0 Dual Leader, Included Bark No 3145B Bois d'Arc 39 0 Split, Pic 256 No 3146B American Elm 12 12 Yes 3147B Bois d'Arc 21.75 0 Dual Leader, Included Bark, Decline, Pic 241 No 3148B Bois d'Arc 17.5 0 Dual Leader, Included Bark, Unilateral No 3149B Cedar Elm 14.5 14.5 Yes 3151B Bois d'Arc 29.5 0 Dual Leader, Included Bark No 3151S Green Ash 13 0 Stump No 3152B Cedar Elm 7 0 Unilateral No 3153B Green Ash 7 0 Decay, Pic 228 No 3154B Green Ash 16 0 Dual Leader, Included Bark, Decay, Pic 229 No 3155B Green Ash 11 0 Dual Leader No 3156B Green Ash 6.75 0 Unilateral, Subordinate No 3157B Cedar Elm 6.75 0 Unilateral, Subordinate No 3211E Green Ash 10 10 Yes 36 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Healthy OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Too small IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Declining OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN 37 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Dead IN Too small IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 38 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Dead IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Dead IN Structural Defects/Hazardous IN Declining/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Dead IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 39 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too small IN Declining IN Declining IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 40 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Declining IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Too small IN 41 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Healthy IN Too small IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Declining OUT Declining OUT Declining IN Declining IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 42 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too small IN Healthy IN Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Healthy IN Too small IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Declining IN Declining IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Hazardous IN Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT 43 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Declining IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Dead IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Declining OUT Structural Defects/Hazardous OUT Declining OUT Healthy OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 44 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 45 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Too Small OUT Healthy OUT Healthy OUT Declining OUT Declining OUT Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy OUT Structural Defects/Hazardous IN Too small OUT Declining OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN 46 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Too small IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 47 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Declining OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Declining IN Structural Defects/Hazardous IN Declining IN 48 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Declining IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Declining IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy OUT Structural Defects/Hazardous OUT Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Too small IN Too small OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too small OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too small OUT Too small OUT Healthy OUT Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN 49 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too small IN Structural Defects/Hazardous IN Healthy IN Too small IN Too small IN Too small IN Too small IN Healthy IN Healthy IN Declining IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too small IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Healthy IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Too Small IN Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Too small IN 50 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Too small IN Healthy IN Too small IN Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Healthy IN Too small IN Healthy IN Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Too small IN Healthy IN Structural Defects/Hazardous IN Too small IN 51 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Healthy IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Declining IN Healthy IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Healthy IN Too small IN 52 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Declining IN Structural Defects/Hazardous IN Healthy IN Healthy IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Neighbors Tree IN Neighbors Tree OUT Neighbors Tree OUT Neighbors Tree OUT Structural Defects/Hazardous OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Too Small OUT Healthy OUT Structural Defects/Hazardous OUT Too Small OUT 53 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Healthy IN Too small IN Too small IN Too small IN Healthy IN Too small IN Too small IN Healthy IN Structural Defects/Hazardous IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Too small IN Too small IN Too small IN Too small IN Too small IN Dead IN Too small IN Too small IN Too small IN Healthy IN 54 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too small IN Too small IN Too Small IN Too Small IN Too Small IN Too Small IN Too small IN Too Small IN Too Small IN Too Small IN Too small IN Too Small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Structural Defects/Hazardous IN Healthy IN Too small IN Too small IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 55 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Healthy IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN 56 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Too small IN Declining IN Healthy IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Too Small IN Too Small IN Declining IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Too Small IN Too Small IN Structural Defects/Hazardous IN Too Small IN Too Small IN Structural Defects/Hazardous IN Too Small IN Declining IN 57 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too Small IN Healthy IN Too Small IN Structural Defects/Hazardous IN Too Small IN Dead IN Too small IN Healthy IN Too Small IN Too Small IN Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Too Small OUT Too Small OUT Declining OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Too Small IN Too Small IN Too Small IN Too Small IN Too Small IN Healthy IN Too Small IN Healthy OUT Too Small OUT Too Small OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Structural Defects/Hazardous OUT 58 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too Small OUT Structural Defects/Hazardous OUT Too Small IN Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Healthy OUT Structural Defects/Hazardous OUT Too Small IN Structural Defects/Hazardous OUT Too Small IN Too Small IN Too Small IN Structural Defects/Hazardous IN Too Small IN Too Small IN Too Small IN Too Small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Too Small OUT Healthy OUT Too Small IN Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Structural Defects/Hazardous OUT 59 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Healthy OUT Too Small OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Too small OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Too Small OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Too Small OUT Too Small OUT Too Small OUT Too Small OUT Too Small OUT Too Small OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Too Small OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT 60 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Too Small OUT Healthy OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small OUT Healthy IN Too small IN Healthy IN Structural Defects/Hazardous IN Too small IN Healthy IN Healthy IN Healthy OUT Healthy IN Too small IN Structural Defects/Hazardous IN 61 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Healthy IN Too small IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Too small IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Too small IN Too Small IN Healthy IN Healthy IN Healthy IN Healthy IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Too small IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Healthy IN Too small IN 62 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Healthy IN Healthy IN Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN 63 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Healthy IN Declining IN Structural Defects/Hazardous IN Declining IN Declining IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT 64 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Healthy OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Structural Defects/Hazardous OUT Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Healthy OUT Healthy IN Too small OUT Healthy IN 65 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too small IN Too small IN Too Small IN Healthy OUT Too Small OUT Healthy OUT Too Small OUT Too Small OUT Too Small OUT Healthy OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Too Small OUT Healthy OUT Healthy OUT Healthy OUT Too Small OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Healthy IN Healthy OUT 66 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too Small OUT Too Small OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Declining OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Too Small OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Dead OUT Dead OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT 67 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy IN Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT 68 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Too Small OUT Healthy OUT Healthy OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Too Small OUT Too Small OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous IN Dead IN Dead IN Dead IN Dead OUT 69 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Dead OUT Dead OUT Dead OUT Dead OUT Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Dead IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too Small IN Healthy IN Too small IN Too small IN 70 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Structural Defects/Hazardous IN Too small IN Too small IN Healthy IN Too small IN Too small IN Too small IN Too Small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Too small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Healthy IN Too Small IN Healthy IN Structural Defects/Hazardous IN Too Small IN Structural Defects/Hazardous IN Too Small IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN 71 of 72 Easthaven Tree Survey 5/8/2013 Health Limits of disturbance Too Small IN Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Healthy OUT Structural Defects/Hazardous OUT Structural Defects/Hazardous OUT Healthy OUT Healthy OUT Healthy IN Healthy OUT Healthy OUT Structural Defects/Hazardous OUT Healthy IN Healthy IN Healthy IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN Structural Defects/Hazardous IN Dead IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Structural Defects/Hazardous IN Healthy IN 72 of 72 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1096 File ID: Type: Status: 2013-1096 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Easthaven, PPFile Name: Title: Consider approval of the Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 19. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Preliminary Plat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved subject to the following conditions: 1) There may be additional comments upon detail engineering review; 2) Revise the PD Conditions and Variances to reflect as incorporated in the PD Zoning; 3) Tree removal permit will be required prior to the removal of any trees; 4) Park Fees in the amount of $1,280 per unit shall be assessed; and 5) CLOMR approval prior to Final Plat approval. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1096 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1096) Title Consider approval of the Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road. Summary The following P&Z conditions remain outstanding: 1.There may be additional comments upon detail engineering review. 2.Revise the PD Conditions and Variances to reflect as incorporated in the PD Zoning. 3.Tree removal permit will be required prior to the removal of any trees. 4.Park Fees in the amount of $1,280 per unit shall be assessed. 5.CLOMR approval prior to Final Plat approval. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this PRELIMINARY PLAT (4-0), subject to the above-stated conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Preliminary Plat for Easthaven, to allow 58 single-family lots and (3) three common area lots on 22 acres of property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. 2030: Sense of Community, Special Place to Live Introduction: This is a companion request to the PD which establishes the lotting pattern, circulation and special conditions as required for this development. This exhibit is essentially the same as the Detail Site Plan, so similar conditions will be imposed. Analysis: On May 16, 2013, the Planning & Zoning Commission unanimously recommended approval of this Preliminary Plat subject to: 1. There may be additional comments upon detail engineering review. 2. Revise the PD Conditions and Variances to reflect as incorporated in the PD Zoning. 3. Tree removal permit will be required prior to the removal of any trees. 4. Park Fees in the amount of $1,280 per unit shall be assessed. 5. CLOMR approval prior to Final Plat approval. Legal Review: This item does not require legal review. Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with Preliminary Plat ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Easthaven, Preliminary Plat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: South side of S.H. 121, west of Denton Tap Road SIZE OF AREA: 22 acres of property CURRENT ZONING: R (Retail) – Proposed: PD-264-RBN-5 REQUEST: A preliminary plat to subdivide 22 acres into 58 single-family lots and (3) three common area lots. APPLICANT: Prospective Purchaser: Engineer: Frederick S. Phillips Mark Harris Amalgamated Development, L.P. Kimley-Horn & Associates, Inc. 5055 Keller Springs Rd # 170 5750 Genesis Court Addison, Texas 75001 Frisco, Texas 75034 Fspj87@gmail.com mark.harris@kimley-horn.com HISTORY: The subject property was zoned Retail in 1983. In 2003, the designation on the Comprehensive Land Use Plan was changed from Light Industrial/Showroom Uses to Freeway Commercial. As part of the Council’s action, although originally proposed to rezoned from Retail to Highway Commercial, per request of the neighbors, and as agreed to by the property owner, this property retained its R (Retail) zoning designation. On the property abutting to the west, Council approved the Westhaven PD and Preliminary Plat to permit 297 single family homes, and 37 common area lots to be in accordance with the Coppell 2030, A Comprehensive Master Plan, which designates this property as suitable for Urban Residential Neighborhood. On February 12, 2013 City Council approved the Final Plat for Phase 1 of this development for 143 residential lots and 26 common area lots. On March 26th, the Westhaven PD was amended to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on 11 lots. ITEM # 8 Page 2 of 2 TRANSPORTATION: State Highway 121 is a Freeway (Principal Arterial) built to standard, within a variable right-of-way. SURROUNDING LAND USE & ZONING: North- S.H. 121, HC (Highway Commercial), undeveloped South - SF-9 & SF-12 – Copperstone, single family East - PD-133R-SF-9 – Magnolia Park, single family West - PD-255-SF – Westhaven (single family, under construction) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this property as suitable for Urban Residential Neighborhood, which is defined as areas to provide “for a wide variety of higher density residential uses (typically greater than four dwelling units per acre) that serve the needs of residents seeking alternatives to low and medium density single-family detached housing”. DISCUSSION: This is a companion request to the PD which establishes the lotting pattern, circulation and special conditions as required for this development. This exhibit is essentially the same as the Detail Site Plan, so similar conditions will be imposed. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Easthaven Preliminary Plat, subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. Revise the PD Conditions and Variances to reflect as incorporated in the PD Zoning. 3. Submission and approval of an off-site Easement, to be filed with the Final Plat, which establishes the temporary second point of access (all weather surface) to be provided for a period not to exceed two years, and further provides that after the two-year period, permanent (concrete) access will be constructed. 4. Provide stamped concrete at Easthaven Drive and the SH 121 Service Road. 5. Tree removal permit will be required prior to the removal of any trees. 6. Park Fees in the amount of $1,280 per unit shall be assessed. 7. CLOMR approval prior to Final Plat approval. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Preliminary Plat PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:41 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\C-OVERALL PRELIM PLAT.DWG [Overall Layout]LAST SAVED 5/30/2013 2:52 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPNOTTOSCALEP-100100'200'TYPICALGRAPHICSCALE100'BEINGatractoflandsituatedintheClarindaSquiresSurvey,AbstractNo.1327,CityofCoppell,DallasCounty,Texas,andbeingallofTract2,called22.0±acres,conveyedtoJamesH.andDavidK.CummingsinaWarrantyDeedrecordedinDocumentNo.2004-127290oftheOfficialRecordsofDentonCounty,Texas,andbeingmoreparticularlydescribedasfollows:BEGINNINGata5/8inchironrodwithplasticcapstamped“J.E.SMITH”foundforthenorthwestcornerofsaidTract2,beingthenortheastcornerofTractI,called42.997acres,conveyedtoStandardPacificofTexas,Inc.inaWarrantyDeedrecordedinInstrumentNo.2012-91642oftheOfficialRecordsofDentonCounty,TexasandinInstrumentNo.201200244645oftheOfficialPublicRecordsofDallasCounty,Texas,saidcorneralsobeinginthesoutherlyright-of-waylineofStateHighway121Bypass,avariablewidthright-of-way,fromwhichanaluminumright-of-waymonumentfoundbearsNorth69°26'24”Westadistanceof151.72feet;THENCESouth69°26'29"East,alongthenortheastlineofsaidTract2andthesoutherlyright-of-waylineofsaidStateHighway121Bypass,adistanceof48.57feettoa5/8inchironrodwithplasticcapstamped“J.E.SMITH”foundforcorner;THENCESouth65°09'04"East,continuingalongthenortheastlineofsaidTract2andthesoutherlyright-of-waylineofStateHighway121Bypass,adistanceof463.20feettoanaluminumTXDoTright-of-waymonumentfoundforthenortheastcornerofsaidTract2;THENCESouth00°05'14"East,departingthesoutherlyright-of-waylineofsaidStateHighway121Bypass,alongtheeastlineofsaidTract2,adistanceof2,058.22feettoacorneronthecenterofDentonCreek;THENCEinawesterlydirection,alongthesoutherlylineofsaidTract2andalongthecenterlineofDentonCreek,thefollowingcoursesanddistances:North60°20'20"West,adistanceof71.78feettoacorner;North74°09'20"West,adistanceof265.97feettoacorner;North35°43'20"West,adistanceof103.56feettoacorner;North59°01'20"West,adistanceof101.58feettothesouthwestcornerofsaidTract2;THENCENorth00°05'19"West,alongthewestlineofsaidTract2,adistanceof1,777.55feettothePOINTOFBEGINNINGandcontaining22.05acresofland,moreorless.LEGALDESCRIPTIONRecommendedforApproval:Chairman,PlanningandZoningCommissionDateCityofCoppell,TexasApprovedandAccepted:MayorDateCityofCoppell,TexasTheundersigned,theCitySecretaryoftheCityofCoppell,Texas,herebycertifiesthattheforegoingpreliminaryplatofEasthavenSubdivisionorAdditiontotheCityofCoppellwassubmittedtotheCityCouncilonthe____dayof___________,20___,andtheCouncil,byformalaction,thenandthereacceptedthededicationofstreets,alleys,parks,easements,publicplaces,andwaterandsewerlines,asshownandsetforthinanduponsaidplat,andsaidCouncilfurtherauthorizedtheMayortonotetheacceptancethereofbysigninghisnameashereinabovesubscribed.Witnessmyhandthis____dayof___________,A.D,20___.CitySecretarySheet1of3SITETOTALSITEAREA:22.05ACRESCURRENT100YRFLOODPLAIN:18.4ACRESPROPOSED100YRFLOODPLAIN:8.2ACRESTOTALGROSSCOMMONAREA:10.0ACRESEXISTINGZONING-RETAILPROPOSEDUSE-PD-264RBN-5PROPOSEDNUMBEROFLOTS:PD-264RBN-5:58SITEDATATABLE1.ALLEYSSHALLNOTBEREQUIREDWITHINTHISPD.2.CONSTRUCTIONOFSANITARYSEWERLINESUSINGA250FOOTRADIUSWILLBECONSIDEREDONACASEBYCASEBASISDURINGFINALDESIGN.3.EXISTINGOVERHEADPOWERLINELOCATEDALONGTHEPERIMETEROFTHEPROJECTWILLREMAININPLACE.NONEWOVERHEADPOWERLINESWILLBEALLOWEDASPARTOFTHISDEVELOPMENT.4.DEVELOPERWILLMAKEEFFORTSTOPRESERVEALLTREESWITHINTHEUNDISTURBEDAREA,ASIDENTIFIEDINTHETREESURVEY.HOWEVER,TREESINDICATEDWITH"X"WITHINTHEBUFFER/DRAINAGEWAYHAVEBEENIDENTIFIEDASHAZARDOUSORDECEASEDANDARESUBJECTTOREMOVALUPONFURTHERSAFETYANALYSIS.THEDEVELOPERISTOMAINTAINAMINIMUMOF1TREEEVERY40FEETWITHINTHEBUFFER/DRAINAGEWAY.IFNECESSARY,THEDEVELOPERWILLPLANTADDITIONAL3"MINIMUMTREESTOMEETTHEMINIMUMSPACINGREQUIREMENT.5.UNTILTHEFINALACCEPTANCEOFWESTHAVENPHASE2,DEVELOPERMAYCHOOSEONEOFTHETWOFOLLOWINGOPTIONSTOPROVIDEFIREPROTECTIONWITHINTHECOMMUNITY,INADDITIONTOACCESSOFSH121FROMEASTHAVENDRIVE:1)FIRESUPPRESSIONSYSTEMS:BUILDINGPERMITS31-58WILLBEREQUIREDTOHAVEFIRESPRINKLERS.2)TEMPORARYACCESSROADTHROUGHWESTHAVENPHASE2:ATEMPORARY,GRAVELDRIVETHROUGHWESTHAVENMAYSERVEASTHESECONDPOINTOFACCESS.SHOULDWESTHAVENPHASE2NOTBECONSTRUCTEDTWOYEARSAFTERTHEFINALACCEPTANCEOFEASTHAVEN,THEGRAVELDRIVEMUSTBECONVERTEDTOAPAVEDSURFACE.PRIORTOFINALACCEPTANCEOFTHEEASTHAVENDEVELOPMENT,THEDEVELOPERSHALLPLACEINTOESCROWTHEFUNDSNECESSARYFORREMOVALOFTHEGRAVELACCESSDRIVEANDCONSTRUCTIONOFAPAVEDSURFACE.SHOULDWESTHAVENPHASE2DEVELOPWITHIN2YEARSOFTHEEASTHAVENDEVELOPMENTFINALACCEPTANCE,THEESCROWFUNDSWILLBERETURNEDTOTHEDEVELOPER.6.FROMCOLUMBUSDRIVETOTHEEASTENDOFROCKSPRINGSDRIVEWILLBEANOVERLENGTHCUL-DE-SAC.7.ALLOPENSPACELOTS(LOTS_X)WITHINTHEDEVELOPMENTARETOBEOWNEDANDMAINTAINEDBYTHEHOA.8.LANDSCAPEANDHARDSCAPEELEMENTSSHOWNONTHELANDSCAPEPLANWILLBEINSTALLEDPRIORTOTHEFIRSTCERTIFICATEOFOCCUPANCYBEINGISSUEDFORANON-MODELHOMEWITHINTHATPHASEOFDEVELOPMENT.9.ALLLOTSSHALLHAVEA20FOOTSETBACKTOTHEFACEOFTHEBUILDINGANDA22FOOTSETBACKTOTHEFACEOFTHEGARAGE.GROUNDLEVELPORCHESMAYENCROACH4FEETINTOTHEREQUIREDFRONTYARD.10.15'TRAILRIGHT-OF-WAYTOBEDEDICATEDTOTHECITYATTIMEOFFINALPLAT.FINALALIGNMENTTOBEDETERMINEDWITHFINALCONSTRUCTIONDRAWINGS.PDCONDITIONS&REQUIREDVARIANCESTOCHAPTER13OFTHESUBDIVISIONORDINANCEOFTHECODEOFORDINANACESMINIMUMLOTSIZE:5,652SFMAXIMUMLOTSIZE:11,400SFAVERAGELOTSIZE:6,514SF PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 3:09 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\C-PRELIM PLAT.DWG [SHEET 2]LAST SAVED 5/31/2013 2:49 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPNOTTOSCALEP-20050'100'TYPICALGRAPHICSCALE50'Sheet2of3SITEMATCHLINE SEE SHEET P-3NTSTYPICAL50'ROWSECTIONVISIBILITYTRIANGLEDETAILNTS1.SEELANDSCAPEPLANSFORSCREENINGWALLLOCATIONS.2.15'TRAILRIGHT-OF-WAYTOBEDEDICATEDTOTHECITYATTIMEOFFINALPLAT.EXACTALIGNMENTTOBEDETERMINEDWITHFINALCONSTRUCTIONDRAWINGS.GENERALNOTESPROPERTYLINESANITARYSEWEREASEMENTDRAINEASEMENTPRIVATEDRAINAGEEASEMENTEXISTINGOVERHEADPOWERLINEEXISTINGWATERLINEEXISTINGSANITARYSEWERLINEEXISTINGSTORMDRAINLINEEXISTINGPOWERPOLEEXISTINGFIREHYDRANTEXISTINGWATERMETEREXISTINGSANITARYSEWERMANHOLEEXISTINGCONTOURLEGENDTYPICAL58'ROWSECTIONNTS PLOTTED BY WILLIAMS, ASHLEY 5/31/2013 2:49 PMDWG NAME \\FRIFP01\DATA\PROJECT\FRI_CIVIL\69308201 - ARBOR LAKE\DWG\PRELIMINARY\PLAN SET\C-PRELIM PLAT.DWG [SHEET 3]LAST SAVED 5/30/2013 2:50 PM DEVELOPER:Kimley-HornandAssociates5750GenesisCt.Suite200Frisco,TX75034Tel:(972)335-3580Contact:MarkHarris,P.E.ENGINEER/SURVEYOR:DESIGNEDANWDRAWNANWCHECKEDMEHSCALEASSHOWNDATEMAY2013KHAPROJECTNO.69308201OWNERS:JamesE.CummingsPOBOX6173SanAntonio,TX78209AmalgamatedDevelopmentJohnHutchinson5055KellerSpringsRoadSuite170Addison,TX75001VICINITYMAPP-30050'100'TYPICALGRAPHICSCALE50'Sheet3of3SITEMATCHLINE SEE SHEET P-2 NTSTYPICAL50'ROWSECTIONVISIBILITYTRIANGLEDETAILNTS1.SEELANDSCAPEPLANSFORSCREENINGWALLLOCATIONS.2.15'TRAILRIGHT-OF-WAYTOBEDEDICATEDTOTHECITYATTIMEOFFINALPLAT.EXACTALIGNMENTTOBEDETERMINEDWITHFINALCONSTRUCTIONDRAWINGS.GENERALNOTESPROPERTYLINESANITARYSEWEREASEMENTDRAINEASEMENTPRIVATEDRAINAGEEASEMENTEXISTINGOVERHEADPOWERLINEEXISTINGWATERLINEEXISTINGSANITARYSEWERLINEEXISTINGSTORMDRAINLINEEXISTINGPOWERPOLEEXISTINGFIREHYDRANTEXISTINGWATERMETEREXISTINGSANITARYSEWERMANHOLEEXISTINGCONTOURLEGENDTYPICAL58'ROWSECTIONNTS Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1099 File ID: Type: Status: 2013-1099 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Easthaven, FPAFile Name: Title: Consider granting the Planning & Zoning Commission authority for Final Plat approval of Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S.H. 121, approximately 2,500 feet west of Denton Tap Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 20. Sponsors: Enactment Date: Cover Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. A motion was made by Councilmember Aaron Duncan, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1099 Title Consider granting the Planning & Zoning Commission authority for Final Plat approval of Easthaven, Preliminary Plat, to subdivide 22 acres into 58 single-family lots and (3) three common area lots on property located on the south side of S .H. 121, approximately 2,500 feet west of Denton Tap Road. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1099) Summary On May 16, 2013, the Planning Commission unanimously recommended approval of this PRELIMINARY PLAT (4-0). Staff Recommendation: The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Consider granting Planning & Zoning Commission approval authority for the Final Plat for Easthaven 2030: Sense of Community, Special Place to Live Introduction: The Preliminary Plat will reflect all conditions as established in the PD zoning, then Final Plat approval would be ministerial. Analysis: On May 16, 2013, the Planning & Zoning Commission unanimously recommended approval of Preliminary Plat and the PD-264-RBN-5 District zoning for this property, subject to various conditions. Legal Review: This item does not require legal review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: None Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1103 File ID: Type: Status: 2013-1103 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: PD-240R5-HC, North Gateway Plaza, Lot 7R, Blk AFile Name: Title: PUBLIC HEARING: Consider approval of Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change request from PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 21. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Concept Plan.pdf, Detail Site Plan.pdf, Landscape Plan.pdf, Elevations (2 Pages).pdf, Floor Plan.pdf, Typical Signage.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1103) Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised no one signed up to speak. Danny Cummings, 1801 Gateway Blvd., representing the applicant, answered questions of Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There will be additional comments during detailed engineering plan review; 2) Some drainage will need to be accommodated on the mutual access drive; and 3) Ensure proposed signage matches signage to north and south (black reverse illuminated channel letters). Only 20% of the signage is permitted to be logo. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1103 Title PUBLIC HEARING: Consider approval of Case No. PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café, a zoning change request from PD -240R4-HC (Planned Development -240 Revision 4-Highway Commercial), to PD-240R5-HC (Planned Development-240 Revision 5-Highway Commercial), to amend the 12.36 acre Concept Plan and to attach a Detail Site Plan on 1.88 acres to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square foot of retail uses to be located at 775 North Denton Tap Road. Summary The following P&Z conditions remain outstanding: 1.There will be additional comments during detailed engineering plan review. 2.Some drainage will need to be accommodated on the mutual access drive. 3.Ensure proposed signage matches signage to north and south (black reverse illuminated channel letters). Only 20% of the signage is permitted to be logo. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0), subject to the above-stated conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: PD-240R5-HC to amend the 12.36 acre Concept Plan and to attach a Detail Plan to allow the development of a restaurant with patio and retail uses. 2030: Business Prosperity Introduction: This proposal is for a 6,542 square foot Black Walnut restaurant with a 964 square foot patio and 2,500 square feet of speculative retail space, to be located between the newly constructed Wilkin Family Eye Care and the medical/professional office on the west side of Denton Tap north of SH 121. Analysis: On May 16, 2013, the Planning & Zoning Commission recommended approval of the PD, subject to the following conditions: 1. There will be additional comments during detailed engineering plan review. 2. Some drainage will need to be accommodated on the mutual access drive. 3. Revise proposed signage to match signage to north and south (black reverse illuminated channel letters). Only 20% of the signage is permitted to be logo. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with attachments: Conceptual Plan, Detail Plan, Landscape Plan, Elevations and Floor Plan ITEM # 11 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-240R5-HC, North Gateway Plaza, Lot 7R, Block A - Black Walnut Café P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: 775 North Denton Tap Road SIZE OF AREA: 1.88 acres of property CURRENT ZONING: PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial) REQUEST: A zoning change to PD-240R5-HC (Planned Development-240 Revision 5- Highway Commercial), to amend the 12.36 acre Concept Plan and to allow the development of a 6,542 square-foot restaurant with a 964-square-foot patio and 2,500 square feet of retail uses. APPLICANT: Owner Engineer Dirk Laukien Binkley & Barfield/ C&P 24 Waterway Ave., Suite 225 Grant Woodfin The Woodlands, TX 77380 Richardson, TX 75080 (713) 805-8509 (972) 644-2800 gwoodfin@bbcpi.com HISTORY: The Conceptual PD was approved on April 14, 2009, for a nine-lot commercial development on 12.36 acres. A Detail Plan was approved to allow the development of a 6,468-square-foot restaurant (Rosa’s Café) with a drive-thru on 2.07 acres for Lot 5, Block A. Another Detail Plan was approved to allow the development of an 8,100-square-foot structure with professional/medical office and personal service uses, on 1.62 acres for Lot 9, Block A. In May 2011, Lot 6, Block A, was approved for a 4,200 square foot medical office building. Each of these sites has since been occupied with buildings. In January of this year, a two- story medical/office building with a 19,929-square-foot hospital and an 18,986- square-foot medical office was approved on the westernmost property. This property has not been platted and no construction has taken place. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150 -foot right-of-way. State Highway 121 is a 140-foot, six-lane divided highway within a 450-foot right-of-way. ITEM # 11 Page 2 of 3 SURROUNDING LAND USE & ZONING: North - residential; PD-134R-SF7 (Planned Development-134 Revised-Single Family-7) South – vacant & Viewpoint Bank; PD-133–HC (Planned Development-133– Highway Commercial) East - Coppell Market Street Center; PD-228-HC (Planned Development-228- Highway Commercial) West - HC (Highway Commercial) and PD-134R-SF-7 (Planned Development- 134 Revised-Single Family-7) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan, adopted March 22, 2011, shows the property as suitable for Freeway Special District. DISCUSSION: This is the second restaurant component of the Conceptual Planned Development for North Gateway Plaza approved in April 2009. This proposal is for a 6,542- square-foot restaurant with a 964 square foot patio and 2,500 square feet of speculative retail space, located between the newly constructed Wilkin Family Eye Care and the medical/professional office on the west side of Denton Tap north of SH 121. The applicant is proposing to combine two preliminary platted lots into one, creating the need to modify the Conceptual Plan as well as establish a Detail Plan for this user. Conceptual Site Plan Amendment: The Conceptual Site plan is proposed to be amended by combining the two lots into one lot for the one-story restaurant/speculative retail building. This is the final component of the conceptual plan to be detail planned. Detail Site Plan: The proposed front-yard building setback is approximately 100 feet from the Denton Tap right-of-way. The north and south side-yard setbacks are 100 and 95 feet, respectively, exceeding the 30-foot requirement of the Highway Commercial District and 40’ minimum south side yard as specified with a previous amendment. The rear-yard is 92 feet from the west property line, exceeding the required 20 feet. Parking/Circulation: With the initial approval of the Conceptual Plan, the general location and need for fire lane and mutual access easements were determined. The proposal is in keeping with those previously proposed, providing adequate connectivity throughout. Specific to this detail plan, there is an existing drive opening on the northeast corner of the site. This has already been constructed and provides a mutual access between this lot and the medical office lot to the north and to the south. There are 91 parking spaces proposed, meeting the 89 required per the Zoning Ordinance, calling for one parking space per 100 square feet of restaurant area and one parking space per 200 square feet of retail space. ITEM # 11 Page 3 of 3 Tree Survey/Landscape Plan: There are no trees located on the property; therefore, a tree survey was not included. The Landscape Plan meets the requirements of what was approved for the Conceptual Planned Development in both planting and area (perimeter, interior and nonvehicular open space) requirements. The concept plan allowed for the required 10’ perimeter landscape areas adjacent to the internal property lines to be waived; therefore, where this area has been provided, it contributes toward the nonvehicular landscape category. There are a total of 30 overstory trees shown (four Lacebark Elm, six Shumard Oak, seven Chinese Pistache, six Live Oak, and seven Cedar Elm) and 28% of the site is proposed to be landscaped. Elevations/Signage: The structure is proposed to be 34 feet in height (measured to the top of the parapet). It is proposed to be constructed of the same materials used in the Planned Development. These materials include a light reddish brown brick (Robinson Brick- Cambridge) and a light brown stone (Lone Star-Briscoe Chalk), accented with cast stone diamonds (buff in color). The parapet is proposed to be constructed of EIFS, buff in color. Black Walnut’s typical attached signage is included on the 8.5 x 11 sheets. It will be required to match the attached signage located on the office building to the north and south (black reverse illuminated channel letters). A multitenant monument sign is already on site. It will be externally illuminated with bronze sign plates for the tenant names. The restaurant hours are proposed to be from 6:30 a.m. to 10:00 p.m. Monday through Thursday with a later opening time of 7:00 a.m. on Saturday and Sunday and later closing time of 11:00 p.m. on Friday and Saturday. Staff is recommending approval of this case with only minor, drafting issues left to be resolved. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this case, subject to the following conditions: 1. There will be additional comments during detailed engineering plan review. 2. Some drainage will need to be accommodated on the mutual access drive. 3. Revise proposed signage to match signage to north and south (black reverse illuminated channel letters). Only 20% of the signage is permitted to be logo. 4. Reduce the elevation sheets to 24” x 36” in size. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Conceptual Plan 2. Detail Plan 3. Landscape Plan 4. Elevations 5. Floor Plan SHEETL1 of 2Landscape Plan LANDSCAPE AND SCREENING Black Walnut Cafe # PLAN REVIEW REVISIONS BY DATE 0 Bar is one inch on originaldrawing. If not one inch on thissheet, adjust scale as necessary.PROJECTBAB003One InchCity of Coppell, Dallas County, Texas SHEETL2 of 2Landscape Details LANDSCAPE AND SCREENING# PLAN REVIEW REVISIONS BY DATE 0 Bar is one inch on originaldrawing. If not one inch on thissheet, adjust scale as necessary.PROJECTOne InchBlack Walnut CafeBAB003 City of Coppell, Dallas County, Texas Sheet NumberG1.0Page Title / Element Type 14109003 Project Code 701 Sawdust Unit 5 The Woodlands,Texas 77380 281.719.8026 tel Project Name Black Walnut Cafe Environmental Graphics Fabrication Documentation Details shown are suggested fabrication methods to achieve an overall visual aesthetic. Fabricators may offer alternative fabrication techniques for review which achieve the same visual intent. No visual changes will be acceptable. Fabricators must submit detailed shop drawings for review / approval prior to fabrication. Channel Letters Typical Specifications © All rights reserved This document is the product and exclusive property of Formation LLC. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of Formation LLC. 2013 Issues/Revisions 01.03.13 Client Review 04.03.13 Client Review 04.04.13 Client Review 05.02.13 Client Review 05.06.13 Client Review 05.08.13 Client Review 05.09.13 Client Review 5" DEEP, INTERNALLY ILLUMINATED CHANNEL LETTERS WITH WHITE TRANSLU- CENT ACRYLIC FACES & BLACK PAINTED RETURNS 5" DEEP, INTERNALLY ILLUMINATED CABINET TO BE FABRICATED USING .125” ALUMINUM FACES FACES TO HAVE ROUTED OUT COPY BACKED WITH WHITE TRANSLUCENT ACRYLIC * CHANNEL LETTERS AND CABINET TO BE LIT USING WHITE LEDS1Typical Sign Specifications - Elevation Scale: 1/2" = 1'- 0" 3 Plan View - Bottom Message Cabinet Scale: 1/2" = 1'- 0" 2 Plan View - Top Message Letters Scale: 1/2" = 1'- 0" 4 Typical Sign Specifications - Side View Scale: 1/2" = 1'- 0" VARIES PER LOCATION 5" 2 1/2" 5" 5" 001 2 Detail Scale: 1/2" = 1'- 0" Sheet NumberG2.0Page Title / Element Type 14109003 Project Code 701 Sawdust Unit 5 The Woodlands,Texas 77380 281.719.8026 tel Project Name Black Walnut Cafe Environmental Graphics Fabrication Documentation Details shown are suggested fabrication methods to achieve an overall visual aesthetic. Fabricators may offer alternative fabrication techniques for review which achieve the same visual intent. No visual changes will be acceptable. Fabricators must submit detailed shop drawings for review / approval prior to fabrication. Channel Letters Elevation & Dimensions © All rights reserved This document is the product and exclusive property of Formation LLC. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of Formation LLC. 2013 Issues/Revisions 01.03.13 Client Review 04.03.13 Client Review 04.04.13 Client Review 05.02.13 Client Review 05.06.13 Client Review 05.08.13 Client Review 05.09.13 Client Review 1 Elevation Scale: 3/32" = 1'- 0" CLEQ EQ LC 1'-0 7/16" 9 1/4" 11'-4 1/16" Sheet NumberG3.0Page Title / Element Type 14109003 Project Code 701 Sawdust Unit 5 The Woodlands,Texas 77380 281.719.8026 tel Project Name Black Walnut Cafe Environmental Graphics Fabrication Documentation Details shown are suggested fabrication methods to achieve an overall visual aesthetic. Fabricators may offer alternative fabrication techniques for review which achieve the same visual intent. No visual changes will be acceptable. Fabricators must submit detailed shop drawings for review / approval prior to fabrication. Channel Letters Elevation & Dimensions © All rights reserved This document is the product and exclusive property of Formation LLC. Neither the document nor the information it contains may be copied, disclosed to others or used in connection with any work or project other than the specific project for which they have been prepared and developed without the written consent of Formation LLC. 2013 Issues/Revisions 01.03.13 Client Review 04.03.13 Client Review 04.04.13 Client Review 05.02.13 Client Review 05.06.13 Client Review 05.08.13 Client Review 05.09.13 Client Review 0021Elevation Scale: 1/8" = 1'- 0" 2 Detail Scale: 3/8" = 1'- 0" CL CLEQ EQ 1'-0 7/16" 9 1/4" 11'-4 1/16" Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1104 File ID: Type: Status: 2013-1104 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: North Gateway Plaza, Lot 7R, Blk A, RPFile Name: Title: Consider approval of the North Gateway Plaza, Lot 7R, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 6,542 square-foot restaurant, with a 964-square-foot patio and 2,500 square foot of retail uses on 1.88 acres of property located at 775 North Denton Tap Road. Notes: Agenda Date: 06/11/2013 Agenda Number: 22. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Final Plat (2 Pages).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Danny Cummings, 1801 Gateway Blvd., representing the applicant, answered questions of Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve this Agenda Item subject to the following conditions: 1) There will be additional comments generated upon detailed engineering plan review; 2) Some drainage will need to be accommodated on the mutual access drive; and 3) File all off-site easements and note recording information on plat prior to plat recordation. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1104) Text of Legislative File 2013-1104 Title Consider approval of the North Gateway Plaza, Lot 7R, Block A, Final Plat, to establish various utility and fire lane easements to allow the development of a 6,542 square-foot restaurant, with a 964-square-foot patio and 2,500 square foot of retail uses on 1.88 acres of property located at 775 North Denton Tap Road. Summary The following P&Z conditions remain outstanding: 1.There will be additional comments generated upon detailed engineering plan review. 2.Some drainage will need to be accommodated on the mutual access drive. 3.File all off-site easements and note recording information on plat prior to plat recordation. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this FINAL PLAT (4-0), subject to the above -stated conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: North Gateway Plaza, Lot 7R, Block A, Final Plat 2030: Business Prosperity Introduction: This is a companion request to the PD Amendment. This is a replat of Lot 7, Block A, of the North Gateway Plaza, to establish easements, fire lanes and setbacks to allow the development of a restaurant and retail use. Analysis: On May 16, 2013, the Planning & Zoning Commission recommended approval of the Final Plat, subject to the following conditions: 1. There will be additional comments generated upon detailed engineering plan review. 2. Some drainage will need to be accommodated on the mutual access drive. 3. File all off-site easements and note recording information on plat prior to plat recordation. Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends Approval Attachments: Staff Report with Replat ITEM # 12 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT North Gateway Plaza, Lot 7R, Block A, Final Plat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: 775 North Denton Tap Road SIZE OF AREA: 1.88 acres of property CURRENT ZONING: PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial) REQUEST: A final plat to establish various utility and fire lane easements to allow the development of a 6,542 square-foot restaurant, with a 964-square-foot patio and 2,500 square foot of retail uses. APPLICANT: Owner Engineer Dirk Laukien Binkley & Barfield/ C&P 24 Waterway Ave., Suite 225 Grant Woodfin The Woodlands, TX 77380 Richardson, TX 75080 (713) 805-8509 (972) 644-2800 gwoodfin@bbcpi.com HISTORY: The Conceptual PD was approved on April 14, 2009, for a nine-lot commercial development on 12.36 acres. A Detail Plan was approved to allow the development of a 6,468-square-foot restaurant (Rosa’s Café) with a drive-thru on 2.07 acres for Lot 5, Block A. Another Detail Plan was approved to allow the development of an 8,100-square-foot structure with professional/medical office and personal service uses, on 1.62 acres for Lot 9, Block A. In May 2011, Lot 6, Block A, was approved for a 4,200 square foot medical office building. Each of these sites has since been occupied with buildings. In January of this year, a two- story medical/office building with a 19,929-square-foot hospital and an 18,986- square-foot medical office was approved on the westernmost property. This property has not been platted and no construction has taken place. TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a 150 -foot right-of-way. ITEM # 12 Page 2 of 2 SURROUNDING LAND USE & ZONING: North - office; PD-240R2-HC (Planned Development-240 Revision 2-Highway Commercial) South - office; PD-240R3-HC (Planned Development-240 Revision 3-Highway Commercial) East - Coppell Market Street Center; PD-228-HC (Planned Development-228- Highway Commercial) West - vacant and residential; PD-240R4-HC (Planned Development-240 Revision 4-Highway Commercial) and PD-134R-SF-7 (Planned Development-134 Revised- Single Family-7) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan, adopted March 22, 2011, shows the property as suitable for Freeway Special District. DISCUSSION: This is the companion request to PD-240R5-HC (Black Walnut Café). The only outstanding issue is that recordation of all off-site easements are needed prior to recordation of this plat. This recording information shall be shown on the plat. The applicant has agreed with this condition and therefore, staff recommends approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 7R, Block A, North Gateway Plaza Final Plat subject to the following condition being met: 1. There will be additional comments generated upon detailed engineering plan review. 2. Some drainage will need to be accommodated on the mutual access drive. 3. File all off-site easements and note recording information on plat prior to plat recordation. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Final Plat (2 Pages) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1101 File ID: Type: Status: 2013-1101 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 08/13/2013Final Action: PD-199R8-HC, Vista Point II, Lot 6R, Blk AFile Name: Title: CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Notes: Agenda Date: 08/13/2013 Agenda Number: 11. Sponsors: Enactment Date: Cover Memo.pdf, Request to Postpone to Aug 13th .pdf, Staff Report.pdf, Traffic Mgmt Plan.pdf, Site Plan.pdf, Landscape Plan and Detail Sheet.pdf, Tree Survey.pdf, Elevations.pdf, Sign Package.PDF Attachments: Enactment Number: Hearing Date: Contact: 07/09/2013 Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pass07/09/2013City CouncilPostponed06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, to continue the Public Hearing to the July 9th Council Meeting. The motion passed by an unanimous vote. Action Text: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1101) Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 Pass08/13/2013City CouncilPostponed07/09/2013City Council Mayor Hunt reopened the Public Hearing. Presentation: Gary Sieb, Director of Planning, announced the applicant has requested to continue the Public Hearing to the August 13th meeting. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to continue the Public Hearing and Agenda Item to the August 13th Council Meeting. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 PassClose the Public Hearing and Approve 08/13/2013City Council Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council to consider Agenda Items 11 and 12 together. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There may be additional comments after detail engineering review; 2) Tree removal permit shall be required prior to the removal of any trees; 3) Prior to issuance of Building Permit, the owner/applicant shall place sufficient funds in escrow for one-fourth the cost of the proposed traffic signal to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal; and 4) The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. The motion passsed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1101 Title CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Summary Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1101) The following P&Z conditions remain outstanding: 1.There may be additional comments after detail engineering review. 2.Tree removal permit shall be required prior to the removal of any trees. 3.Prior to issuance of Building Permit, the owner /applicant shall place sufficient funds in escrow for one -fourth the cost of the proposed traffic signal to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal. 4.The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. Staff Recommendation: On July 18, 2013, the Planning Commission recommended approval of this ZONING CHANGE (6-1). On July 9, 2013, City Council unanimously continued the public hearing to August 13, 2013 (7-0). On June 11, 2013, City Council unanimously opened and continued the public hearing to July 9, 2013 (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0), subject to conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Page 3City of Coppell, Texas Printed on 12/28/2017 To: From: Thru: Date: Reference: 2030: Introductio The applican This facility well as befo weekdays. Analysis: On May 16, to the vario meeting, the for this prop were addres parking be p been sent ba On July 18 Vista Point 1. T 2. T 3. P e B t 4. T V N Mayor an Marcie D Gary L. S August 1 PD-199R Detail Sit N. MacAr Business on: nt, Children y is propose ore and afte , 2013, the P ous condition e applicant p posed facility ssed. One o provided for ack to the Pl , 2013, the II, Lot 6R, B There may b Tree remova Prior to issu escrow for o Blvd and Lak to the installa The Children Vistas of Co North nd City Coun Diamond, As Sieb, Directo 13, 2013 8-HC, Vista e Plan on 2.6 rthur Bouleva s Prosperity n’s Learning ed to have a er school pro Planning & Z ns, includin provided add y. Council’s of the recom r this facility anning & Zo Planning & Block A, Chi be additional al permit sha uance of Bu one-fourth th ke Vista Dri ation of the t n’s Learning oppell neigh MEM ncil ssistant Direc or of Plannin Point II, Lot acres to allow ard y, Sense of C g Adventure, n enrollmen ograms. Th Zoning Com g addressing ditional infor s considerati mmendations y. Given the oning Comm & Zoning C ildren’s Lear comments u all be require uilding Perm he cost of th ive. The issu traffic signa g Adventure hborhood to 1 MORANDU ctor of Plann ng 6R, Block A w the develop Community e, desires to b nt capacity o he hours of o mmission rec g various tr rmation on t ion of this re s of the Tra e impact tha mission for ad ommission rning Adven upon detail e ed prior to th mit the owne he proposed uance of a C al. e buses shall access Den UM ning A - Children’ pment of a Da build a 25,73 of 470 stude operation ar commended raffic issues. the internal a equest was p affic Manag at this had on dditional con recommend nture subject engineering he removal o er/applicant d traffic sign ertificate of l utilize SH nton Creek E ’s Learning A ay Care Cent 37-square-fo ents and wil re from 6:00 approval of . Subseque and external postponed un ement Plan n the Site Pl nsideration. ded approval t to the follo review. of any trees. shall place nal to be lo f Occupancy 121 instead Elementary Adventure, to er to be locat oot day-care ll offer presc 0 a.m. to 6:3 f this request ent to the M l circulation ntil the traffi was that ad lan, this requ l of PD-199 owing condit sufficient f ocated at Ma may be issu d of cutting and Middle o attach a ed at 811 facility. chool as 30 p.m., t subject May 16th patterns fic issues dditional uest was 9R8-HC, tions: funds in acArthur ued prior thru the e School 2 Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends approval of this PD request. Attachments: Postponement request by the Applicant Staff Report with Traffic Management Plan, Site Plan, Landscape Plan, Tree Survey, Elevations and Sign Plan 1 Marcie Diamond From:mpena@ceieng.com Sent:Wednesday, June 26, 2013 8:50 AM To:Marcie Diamond Cc:Carl Frontera; David Newton; pyeoh@ceieng.com Subject:CLA Coppell - Request to Table City Council meeting Hi Marice, To allow us to work through the traffic issues, we are requesting to table the July 9th City Council meeting to the August 13th City Council meeting. Thank you. -- Maria Alejandra Peña, LI 9654 Project Manager CEI Tri West Plaza 3030 LBJ Freeway, Suite 100 Dallas, TX 75234 Phone: 972-488-3737 Cell: 214-507-4703 "We will continually set the standard in consulting services for public and private development, and are committed to the growth and success of each other." CEIENG.COM Arkansas | California | Georgia | Louisiana | Minnesota | Pennsylvania | Texas This message could contain confidential information. Unless you are the addressee (or authorized to receive for the addressee), you may not copy, use, or distribute this information. If you have received this message in error, please advise Maria Alejandra Peña, LI 9654 immediately at 1-972-488-3737 or return it promptly by mail. ITEM # 4 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure P&Z HEARING DATE: May 16, 2013 July 18, 2013 C.C. HEARING DATE: June 11, 2013 August 13, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: NWC MacArthur Boulevard & Forest Hill Drive SIZE OF AREA: 2.6 acres of property CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: A zoning change to PD-199R8-HC (Planned Development-199-Revision 8- Highway Commercial), to allow the development of a Day Care Center. APPLICANT: Prospective Purchaser: Property Owner: David Newton Simon Beakley Children's Learning Adventure 121 Crossing LTD Childcare Centers (CLA) 6900 Dallas Parkway 3131 E Camelback Rd, Suite 420 Suite 780 Phoenix, AZ 85016 Plano, Texas 75024 602-707-6991 972-698-5399 dnewton@childrenslearningadventure.com HISTORY: The subject property lies within Denton County and was originally part of the city of Lewisville when the original plat for Vista Ridge Business Park was recorded in September of 1986. Since that time, the city of Coppell has annexed this and other portions of that Business Park. On December 16, 1999, the Planning and Zoning Commission recommended denial of a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard. This recommendation was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres. That building was never built and the site plan expired. On April 13, 2004, Council approved a Concept Planned Development to allow the construction of 210,000-square feet of office/warehouse/assembly buildings (total of 6 buildings) and five retail pad sites. In August 2004, Council approved the Detail ITEM # 4 Page 2 of 6 Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. The second three buildings were approved in April 2006. Also in 2004, with the original Concept Plan, an SUP for a gas station and car repair on Lot 4 of this PD was approved, which subsequently expired. A modified SUP for the same uses was again approved in May 2005. On April 12, 2005, Council approved an amendment to this PD to allow the development of the Bank of Texas on Lot 5, which abuts the subject property to the north. On November 14, 2006, Council approved a Site Plan to allow a 9,300-square- foot retail building replacing the previously approved gas station/convenience store at the corner of SH 121 and MacArthur Blvd. Firestone Auto Repair was completed in April of 2007 on the land adjacent to the retail building. On October 13, 2009, Council approved a PD Amendment and a replat which allowed that lot to be subdivided into two lots to allow the existing buildings (the retail and the Firestone) to be on individual lots to permit separate ownership. Zimmer purchased the retail building, and was denied a PD amendment to allow for attached signage which was not in accordance with the sign regulations. Since that time, the citywide Sign Ordinance has been revised, and Zimmer was allowed their desired sign. On May 16, 2013, the Planning & Zoning Commission recommended approval of this request subject to various conditions, including: • Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements. • Implement a traffic management plan for the Children’s Learning Adventure buses to utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. Subsequent to the May 16th meeting, due to the concerns expressed by the Planning and Zoning Commission and citizen input, staff requested the applicant provide additional information on the internal and external circulation patterns for this proposed 470 student facility. Council’s consideration of this request was postponed until the traffic issues were addressed. One of the recommendations of the Traffic Management Plan was that additional parking be provided for this facility. Given the impact that this had on the Site Plan, this request has been sent back to the Planning and Zoning Commission for additional consideration. HISTORIC COMMENT: The request area does not have historic significance. TRANSPORTATION: MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six- lane divided street contained within a 120-foot right-of-way. ITEM # 4 Page 3 of 6 SURROUNDING LAND USE AND ZONING: North- Bank of Texas; PD-199-R2-HC South- Levee and Trail System (approx.330 foot wide) and The Peninsulas; PD- 132-SF-9 East-Villas of Lake Vista; PD-202-TH-1 West-Office/warehouse/showroom; PD-199R3-HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area for Freeway Special District. DISCUSSION: This is the final parcel to be developed in this master planned development approved almost 10 years ago. The applicant, Children’s Learning Adventure desires to build a 25,737 square foot day care facility. They currently have 15 facilities, in five states, with 14 listed as coming soon on their website. In Texas, they have three existing facilities and seven planned. This facility has an enrollment capacity of 470 students, and will offer preschool as well as before and after school programs. The hours of operation are from 6:00 a.m. to 6:30 p.m., weekdays. The prototypical building and site development has been modified to address various PD conditions and local standards, such as extending the 30’ wide landscape buffer along MacArthur Boulevard, where 15’ wide buffer would normally be required, and extending the mutual access easements to allow the free flow of traffic from this facility to SH 121, MacArthur Blvd and Forest Hills, as well as the businesses in between. The elevations have been modified to use the same materials as on the other buildings within this development and to include additional stone and brick to meet the 80% masonry requirements. This facility will have 26,404 square feet of outdoor activity areas; in addition to three play grounds there will be a basketball court, tennis court and a courtyard (picnic) area. The shade structures proposed will have earth-tone canvas (generally sand-beige) coverings and green poles. Per the Zoning Ordinance these poles are required to meet the 80% masonry requirement. The cladding of these poles is condition of approval. The surfaces of these play areas will be concrete, rubber and synthetic turf, none of which will count towards their landscaping requirements. The landscaping will be provided as required in the PD and the Landscape Ordinance. Perimeter landscaping with overstory trees will be provided along MacArthur Boulevard and Forest Hill Drive. Landscape islands with overstory trees within the parking areas and non-vehicular landscaping are being provided by wider perimeter buffer areas, planting areas adjacent to the building and larger landscaped islands. Even with extra wide buffers, the existing trees on the site cannot be preserved. To receive credit towards the mitigation fees, all 29 overstory trees proposed have been upsized to be 4-inch caliper at the time of planting. The proposed signage for this building is unique, in that their corporate standard is to have the words PRESCHOOL and AFTERSCHOOL as their attached signage and the business name, Children’s Learning Adventure on their monument sign. This building has 197 feet of frontage on MacArthur Blvd, ITEM # 4 Page 4 of 6 allowing for a total 197 square feet of attached signage. The applicant is proposing an 81 square foot AFTERSCHOOL sign and a 66 square foot PRESCHOOL along the front façade. On the southern elevation, facing Forest Hills Drive, a 50 square foot PRESCHOOL sign is proposed. The signs will be black, internally illuminated reverse lit channel letters, which is compliance with the Sign Ordinance. Originally, there was a colorful, 200 +/- square foot Children’s Learning Adventure sign proposed to be placed behind the front window in the rotunda area along the front façade. Per the Sign Ordinance, given its visibility from the street, it would be considered a sign and count towards the overall signage for the project. Therefore, it was eliminated from the proposal. The 60-square-foot monument sign contains the corporate logo and colors and will have halo-lit reverse channel letters in accordance with the recently amended Sign Ordinance. As mentioned in the History Section of this report, subsequent to Planning and Zoning Commission’s recommendation on this proposed rezoning for a day care facility, Commission requested staff conduct additional study on internal and external traffic circulation patterns due to the potential impact on the abutting street system. The applicant submitted three studies; Traffic Signal Warrant Analysis, Traffic Impact Analysis, and a Traffic Management Plan which were prepared by Lee Engineering and reviewed by the Engineering Department. One of the specific recommendations of the Planning and Zoning Commission was “Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements” Per that recommendation the Traffic Signal Warrant Analysis determined a signal would be warranted at the northern driveway serving this site across from Lake Vista Drive. The results of this study indicate that the signal light is warranted. The owner/applicant will be responsible for one leg of this signal and the Cities of Coppell and Lewisville will be responsible for the other three legs. Further discussion on funding and timing are expected to occur between the two cities. The applicant/owner will be required to escrow the funds for ¼ of this signal prior to the issuance of the building permit for this facility. However, the day care will be permitted to open prior to the installation of the signal. Per the recommendations of the Traffic Impact Analysis, and the Traffic Management Plan, the following site plan revisions have been made to accommodate the internal circulation and parking: • Increased the parking spaces from 47 to 69 spaces which essentially doubles the parking spaces in front of the building which are most accessible for parents dropping off and picking up their children. • Added an internal circulation plan which requires a counter clockwise pattern to assure that all queuing is on-site, and will not back up onto the abutting streets. • Increased the building setback to 73 feet from MacArthur Boulevard to allow for the additional parking as well as the retention of the 30-foot wide landscape buffer in the front yard. ITEM # 4 Page 5 of 6 • Reduced the outdoor play area by 2,500 square feet to assure that this site will be complaint with all other landscape requirements of the Zoning Ordinance. • Relocated the dumpsters from the northern property line (internal to the site) to the southern property line, which is adjacent to Forest Hill Drive. A 6-foot tall masonry enclosure with Leyland Cypress Trees are proposed to screen the two dumpsters. This enclosure is proposed to be located 15 feet from the southern property line, which encroaches 45 feet into the required 60 foot front yard setback along Forest Hill Drive. Staff originally recommended that this double dumpster be relocated back to the north property line or other suitable location that is not within the required setback and not readily visible from the street rights-of-way. o Upon further analysis, it appears that there is not sufficient room to accommodate both dumpsters along the northern property line. If no other suitable location is found, consideration should be given to a single dumpster along the northern property line instead of a double dumpster along Forest Hills Drive which encroaches into the required setback by 45 feet. Finally, the Traffic Impact Analysis also addressed the potential cut-through traffic issue. As part of the study they conducted an origin and destination study to use as a base line study for future analyses if required. As recommended by the Planning and Zoning Commission, the applicant has committed that Children’s Learning Adventure buses will utilize the SH 121 service road to access Denton Creek Elementary School and Coppell Middle School North, verses cutting though the residential streets of the Vistas of Coppell neighborhood. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to: 1. There may be additional comments after detail engineering review. 2. The cladding a minimum of 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Assure that the Fire Riser Room is accessible (not be behind a locked gate) On May 16, 2013, the Planning & Zoning Commission recommended approval of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. The cladding a minimum 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Assure that the Fire Riser Room is accessible (not be behind a locked gate). 5. Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements. 6. Implement a traffic management plan for the Children’s Learning Adventure buses to utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. ITEM # 4 Page 6 of 6 Staff’s Revised Recommendation: Approval of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. The cladding a minimum 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Prior to issuance of Building Permit the owner/applicant shall place sufficient funds in escrow for one-fourth the cost of the proposed traffic signal to be located at MacArthur Blvd and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal. 5. The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. 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. Traffic Management Plan 2. Sign Package 3. Revised Site Plan 4. Revised Landscape Plan 5. Tree Survey 6. Elevations Engineering Associates, Inc.LEGEND FLOOD PLAIN NOTES :Figure 2: Proposed Site Plan Children’s Learning Adventure Center – Traffic Management Plan July 2103 3 TRIP GENERATION ITE Trip Generation The number of trips generated by the development is a function of the type and quantity of the land use of the development. Typically, the number of vehicle trips generated by a proposed development can be estimated based on the trip generation rates and equations provided in the publication entitled Trip Generation Manual, Ninth Edition, by the Institute of Transportation Engineers (ITE). For this study, estimates of the number of trips generated by the site were made for the AM and PM peak hours, as well as on a daily basis using the ITE trip generation values. Table 1 shows the trip generation equations used for this development and the directional splits for the proposed land use as shown in the ITE Manual. Using the trip generation equations from Table 1, the resulting estimated trips generated by the proposed CLAC are provided in Table 2. Table 1: Trip Generation Equations for CLAC Campus LAND USE Land Use Day Care Center ITE Land Use Code 565 EQUATIONS (X = # of Students) Average Weekday T = 4.79 (X) – 33.46 AM Peak Hour T = 0.73 (X) + 4.67 PM Peak Hour Ln (T) = 0.88* Ln (X) + 0.27 DIRECTIONAL SPLIT (% in / % out) Average Weekday 50 / 50 AM Peak Hour 53 / 47 PM Peak Hour 47 / 53 Table 2: Estimated Trip Generation CLAC Campus Day Care Center (470 students) Total In Out Average Weekday 2,218 1,109 1,109 AM Peak Hour 348 184 164 PM Peak Hour 294 138 156 It should be noted that the number of students and gross floor area exceed the data extremes provided in the Trip Generation Manual. The maximum number of students in ITE is 200 students versus the projected enrollment of 470 students at the Children’s Learning Adventure Center facility. In addition, the maximum gross floor area in ITE manual is 17,000 ft2 versus the proposed 25,737 ft2 for the proposed facility. In seven of the eight proposed scenarios in the ITE Manual, the maximum number of employees is 30 versus the 35 proposed employees for Children’s Learning Adventure Center. In one scenario, the maximum number of employees is 45, but this values falls on the data extremes and any values collected at each extreme should be reviewed. Within the Trip Generation Manual, ITE provides a “Recommended Procedure for Selecting Between Trip Generation Average Rates and Equations”. This flow chart recommends Children’s Learning Adventure Center – Traffic Management Plan July 2103 4 collecting local data to determine trip rates because the data does not fall within existing data extremes. However, Children’s Learning Adventure Center has no local facilities within the Dallas/Ft. Worth Metroplex from which to collect data. The R2 values for this study range from 0.58 to 0.75. In addition, data collected from sites in Las Vegas, Nevada and Phoenix, Arizona show trips rates considerably less than ITE standards. By utilizing ITE trip generation rates, this study presents a conservative analysis. QUEUING ANALYSIS Parents arrive between 6:00 AM to 9:00 AM and pick‐up their child(ren) between 3:00 PM and 6:30 PM. The facility is designed such that parents will park their cars and enter the facility with their child(children) and deliver them to the appropriate employee. Because parents will park their cars and walk their children into the building, no “queue” is expected at this facility. To limit the conflict at the MacArthur Boulevard and Lake Vista Drive intersection, parents will be directed to circulate counter‐clockwise around the building and to not enter the drive aisle immediately adjacent to MacArthur Boulevard as shown in Figure 6. “DO NOT ENTER” signs will be installed at the location marked “1” in Figure 6. Figure 3: Circulation Pattern Children’s Learning Adventure Center – Traffic Management Plan July 2103 5 PARKING ANALYSIS To evaluate the predicted parking demand for the proposed Children’s Learning Adventure Center, local data was collected at two existing Children’s Learning Adventure Centers in Texas. One facility is located in The Woodlands and the second facility is located in League City. Table 7 summarizes the parking data. The raw data is provided as an attachment to this letter. Table 3: Parking Data Summary Location The Woodlands, TX League City, TX Average Licensed Enrollment 553 339 446 Current Enrollment 253 232 243 Building Size (ft2) 25,737 16,462 21,100 Parking Spaces Provided 63 64 64 Max Occupied Spaces 41 26 31 Parking Rate per Student 0.16 0.11 0.14 Parking Rate per 1,000 ft2 1.59 1.58 1.59 The Children’s Learning Adventure Center in Coppell, Texas will be 25,737 ft2 and will be licensed for 470 students. Using an average parking rate of 0.14 spaces per student, the Coppell facility will utilize 66 spaces during the peak 15 minutes. Based on an average parking rate of 1.59 spaces per 1,000 square feet, the facility will require 41 parking spaces. The City of Coppell parking requirement is 1 space per 10 students or 47 spaces. The proposed facility provides 69 parking spaces which exceeds the predicted demand. CONCLUSION The proposed Children’s Learning Adventure Center will be located in the southwest corner of the intersection of MacArthur Boulevard and Lake Vista Drive in Coppell, Texas. Using ITE trip generation rates, the development is expected to generate approximately 348 trips during the AM peak hour and 294 trips during the PM peak hour. To limit the potential conflict at the MacArthur Boulevard and Lake Vista Drive intersection, parents will be directed to circulate counter‐clockwise around the building. “DO NOT ENTER” signs will be installed on the north and of the drive aisle east of the building to deter drivers. Based on the parking rates at existing Children’s Learning Adventure Center facilities, the proposed site requires 66 parking spaces during the peak 15‐minute period. The proposed site layout provides 69 parking spaces which exceeds the predicted demand. Parking Inventory Woodlands League City Opened:4/22/2013 2/25/2013 Date Collected:6/25/13 ‐ 6/26/13 6/26/13 ‐ 6/27/13 Current Enrollment:253 232 Parking Spaces provided:63 64 Licensed Enrollment:553 339 Building size 25737 16462 6:00‐6:15 7 4 6:15 7 4 6:30 10 6 6:45 9 7 7:00 13 10 7:15 15 12 7:30 15 15 7:45 20 17 8:00 24 18 8:15 27 18 8:30 28 23 8:45 27 22 9:00 35 23 9:15 41 9:30 32 4:00 28 26 4:15 29 23 4:30 26 23 4:45 23 24 5:00 28 25 5:15 29 22 5:30 29 18 5:45 22 17 6:00 24 16 6:15 13 17 6:30 11 10 Rate per enrolled student:0.16 0.11 Rate per 1,000 ft2 1.59 1.58 Parking Data H:\T1575.02 ‐ Childrens Learning Center TIA\Traffic Mgmt Plan\Goodyear ‐ Goodyear LEGENDEXISTINGED−X−WVBWPTHGVSCHYDFA/CSTSOHU640’WGASCETINITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV−2\27644land.dwgcity of coppell, texas landscape data tableNON−VEHICULAR LANDSCAPING:15% OF LOT NOT COVERED INBUILDING TO BE LANDSCAPE OPENSPACE.ONE TREE PER 2,500 SQ. FT. OFNON−VEHICULAR OPEN SPACEAREA.INTERIOR LANDSCAPING: 10% OFPARKING PAVEMENT TO BELANDSCAPED. ONE TREE PER 400SQ. FT.PARKING PAVEMENT=32,948.70SQ.FT.PARKING SPACES PROVIDED = 69PERIMETER LANDSCAPINGTREES (MACARTHUR BLVD −433 L.F.)TREES (FOREST HILL DRIVE− 287 L.F.)15−FOOT LANDSCAPE BUFFER9 TREES6 TREES15−FOOT LANDSCAPE BUFFER9 TREES6 TREES10%= 3,294.87 SQ. FT.12% OF PARKING SPACES= 8 ISLANDS9 TREESTOTAL LOT AREA = 114,501 SQ. FT.BUILDING 25,737 SQ. FT.LOT AREA = 88,764 SQ. FT.15% = 13,315 SQ. FT.50% OF THE 15% = 6,658 SQ. FT.6 TREESPERCENTAGE OF TOTAL SITE AREADEVOTED TO LANDSCAPING:3,295.96 SQ. FT.9 TREESTOTAL OPEN SPACE AREA =13,529.48 SQ. FT. (15.24%)OPEN SPACE IN FRONT YARD=8,028.65 SQ. FT.6 TREES21%GENERAL LANDSCAPE NOTESA. BEFORE COMMENCING WORK CONTACT APPROPRIATE UTILITY COMPANIES FOR UTILITY LOCATIONS, ANDCOORDINATE WITH GENERAL CONTRACTOR IN REGARDS TO LOCATION OF PROPOSED UTILITIES, SLEEVES,CONDUITS, ETC.B. ALL PROPOSED LANDSCAPING IS TO BE INSTALLED PER LOCAL JURISDICTIONS AND CODES. NOTIFY THELANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.C. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITHWORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNINGANY CONSTRUCTION.D. CONTRACTOR IS RESPONSIBLE FOR WORK IN ACCORDANCE WITH PLANS, DETAILS, SPECIFICATIONS ANDAPPLICABLE CODES AND REQUIREMENTS.E. QUANTITIES PROVIDED IN THE PLANT LIST ARE FOR GENERAL USE ONLY. CONTRACTOR IS RESPONSIBLEFOR VERIFICATION OF ALL PLANT AND LANDSCAPE MATERIAL QUANTITIES.F. IMMEDIATELY AFTER AWARD OF CONTRACT, NOTIFY THE OWNER’S REPRESENTATIVE AND/OR THELANDSCAPE ARCHITECT OF UNAVAILABILITY OF SPECIFIED PLANT MATERIAL FROM COMMERCIAL NURSERIES.THE OWNER’S REPRESENTATIVE AND/OR LANDSCAPE ARCHITECT WILL PROVIDE ALTERNATE PLANTMATERIAL SELECTIONS IF UNAVAILABILITY OCCURS. SUCH CHANGES SHALL NOT ALTER THE ORIGINAL BIDPRICE UNLESS A CREDIT IS DUE TO THE OWNER.G. ALL PLANT MATERIALS TO CONFORM TO THE AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1.H. THE OWNER’S REPRESENTATIVE AND/OR LANDSCAPE ARCHITECT RESERVE THE RIGHT TO REFUSE ANYMATERIAL HE/OR SHE DEEM UNACCEPTABLE.I. COORDINATE WITH PROJECT REPRESENTATIVE FOR DISTURBED SITE TREATMENTS OUTSIDE LANDSCAPEIMPROVEMENTS. SEE CIVIL PLANS FOR SOIL STABILIZATION FOR EROSION CONTROL.J. ALL PROPOSED LANDSCAPING IS TO BE INSTALLED PER LOCAL JURISDICTIONS AND CODES. NOTIFY THELANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.K. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITHWORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF AN DISCREPANCIES PRIOR TO BEGINNINGANY CONSTRUCTION.L. CONTRACTOR TO ENSURE THAT IRRIGATION SYSTEM IS INSTALLED PRIOR TO INSTALLING TREES/PALMS.CONTRACTOR SHALL ENSURE THAT THERE IS POSITIVE DRAINAGE AND NO PONDING OF WATER AT ROOTAREA.M. CONTRACTOR IS RESPONSIBLE FOR PROVIDING POSITIVE DRAINAGE AWAY FROM BUILDINGS DURING FINISHGRADE PROCESS.N. LANDSCAPE CONTRACTOR SHALL INSTALL UNDERGROUND, AUTOMATED IRRIGATION SYSTEM WHICH PROVIDESCOMPLETE COVERAGE OF THE SITE BEFORE THE INSTALLATION OF ANY LANDSCAPE MATERIAL (SEEIRRIGATION PLAN SHEET).O. CONTRACTOR SHALL REVIEW THE GEOTECHNICAL REPORT FOR ADEQUATE DRAINAGE AND SOILPREPARATION.A. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING ALL PLANTED AREAS. ALL DELETERIOUSMATERIALS SUCH AS ROCK, TRASH, CONSTRUCTION DEBRIS, AGGREGATE BASE MATERIAL, ASPHALT, ETC.SHALL BE REMOVED PRIOR TO ANY FILL OPERATIONS. FILL ALL PLANTING AREAS WITH CLEAN EARTHENFILL. SOIL SHALL BE FREE OF HEAVY, STIFF CLAY AND ANY DELETERIOUS MATERIAL OVER ONE INCH INSIZE. THE TOP SIX INCHES OF FILL MATERIAL STRIPPED FROM SITE MAY BE UTILIZED FOR PLANTER ORTOPSOIL FILL IF PRIOR APPROVAL HAS BEEN OBTAINED FROM THE OWNER’S REPRESENTATIVE AND/ORLANDSCAPE ARCHITECT.B. FINISH GRADE OF LANDSCAPE AREAS (TOP OF TURF AND MULCH) MUST BE GRADED TO 1 1/2" BELOWADJACENT PAVEMENT SURFACES.C. LOCATE SHRUBS A DISTANCE OF HALF OF THEIR AVERAGE MATURE SPREAD AWAY FROM WALKS,STRUCTURES, CONCRETE PADS, ETC. LOCATE GROUND COVER PLANTINGS A MINIMUM OF 2’ FROM WALKS,STRUCTURES, CONCRETE PADS, ETC.D. ALL LAWN AREAS NOT OTHERWISE BORDERED BY WALKS, OR OTHER STRUCTURES, SHALL HAVE STEELEDGING.E. TREES PLANTED ADJACENT TO PUBLIC ROADS AND PEDESTRIAN SIDEWALKS SHALL BE PRUNED TO 7’ HEIGHT(MINIMUM) CLEARANCE ABOVE PAVEMENT.F. ALL TREES WITHIN 7’ OF PAVED SURFACES (SUCH AS CURBS, WALLS, BUILDINGS AND SIDEWALKS) SHALL BEPROVIDED WITH A DEEP ROOT BARRIER CONTROL DEVICE OR EQUAL. INSTALL PER MFR’S SPECIFICATIONS.G. SHREDDED HARDWOOD MULCH SHALL BE USED AS A 4" TOP DRESSING IN ALL PLANT BEDS AND AROUND ALLTREES (EXCEPT IN PLAYGROUND AREA). SINGLE TREES OR SHRUBS SHALL BE MULCHED TO THE OUTSIDEEDGE OF THE SAUCER OR LANDSCAPE ISLAND (SEE PLANTING DETAILS).H. TOPSOIL DEPTH SHALL BE AS FOLLOWS:PLANTER BEDS − 12" MINIMUMGRASS/SOD AREAS − 4" MINIMUM (AFTER COMPACTION)I. BACKFILL ALL TREES, SHRUBS, GROUNDCOVER WITH A MIXTURE OF 2 PARTS NATIVE SOIL AND 1 PART SOILCONDITIONING WITH WOOD MULCH.J. THE LANDSCAPE CONTRACTOR SHALL WATER TEST ALL PLANTING HOLE PRIOR TO PLANTING. IF HOLES DONOT DRAIN PROPERLY, EXCAVATE FURTHER UNTIL IMPERMEABLE LAYER IS BREACHED. EXCAVATED PLANTPITS SHALL HAVE POSITIVE DRAINAGE. PLANT PITS (WHEN FULLY FLOODED WITH WATER) SHALL DRAINWITHIN 1 HOUR OF FILLING. ENSURE THAT ALL PLANT PITS HAVE POSITIVE DRAINAGE.K. ALL PLANTING BEDS SHALL BE TREATED WITH A PRE−EMERGENT HERBICIDE. PRE−EMERGENT HERBICIDESHALL BE APPLIED PER MANUFACTURE’S RECOMMENDATIONS AND SHALL OCCUR AFTER TOPSOIL PLACEMENTAND PRIOR TO INSTALLATION OF PLANT MATERIALS AND MULCH.L. FERTILIZE ALL PLANTS AT THE TIME OF PLANTING WITH A TIME RELEASE FERTILIZER PER BRAND’SSPECIFIED APPLICATION RATES.F. NO MULCH INSIDE OF PLAYGROUND AREA.PLANTING NOTESMAINTENANCE NOTESA. THE OWNER/TENENT AND THEIR AGENT, IF ANY SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCEOF ALL LANDSCAPE.B. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEAT AND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.C. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OF TRASH, LITTER, WEEDS AND OTHER SUCH MATERIALS ORPLANTS NOT PART OF THE PLAN.D. ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATEFOR THE SEASON OF THE YEAR.E. ALL PLANT MATERIAL WHICH DIES SHALL BE REPLACED WITH PLANT MATERIAL OF EQUAL OR BETTERVALUE.F. CONTRACTOR SHALL PROVIDE SEPARATE BID PROPOSAL FOR ONE YEAR’S MAINTENANCE TO BEGIN AFTERFINAL ACCEPTANCE.COPPELL NOTESA. IRRIGATION CONTROLLER SHALL INCLUDE A SURGE PROTECTION DEVICE, FREEZE DETECTOR AND RAINSENSOR.B. LANDSCAPE PLANS SHALL BE SIGNED AND SEALED BY A LICENSED LANDSCAPE ARCHITECT.C. IRRIGATION PLANS SHALL BE SIGNED AND SEALED BY A LICENSED IRRIGATION DESIGNER.D. IRRIGATION METER WILL REQUIRE ASSESSMENT BY THE CITY OF COPPELL WATER UTILITIES.E. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM.LOT 6RBLOCK AVISTA POINT II0 20’ 30’ 40’SCALE IN FEETCLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONCEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYOR:PROPERTY OWNER:PEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLS114,501 SQ.FT. (2.629 ACRES)PROPOSED USE:DAY CARE CENTEREXISTING ZONING:PD−199 HIGHWAY COMMERCIALSQUARE FOOTAGE OF EACH PROPOSED USE:25,737 SQ. FT.BUILDING AREA (GROSS SQUARE FOOTAGE):35 FT47 SPACESBUILDING HEIGHT:FLOOR AREA RATIO:PROPOSED LOT COVERAGE:22.48%0.225:1PLAYGROUND AREA:23,896.94 SQ. FT.ENGINEER &LANDSCAPE ARCHITECT:69 SPACESPROVIDED PARKING PER EACH USE:PROPOSED ZONING:PD−199R8−HC470NUMBER OF PUPILSREQUIRED PARKING PER EACH USE:(ONE SPACE PER 10 PUPLIS)HOURS OF OPERATION6:00AM. TO 6:30PM. FROM MONDAY TO FRIDAYAPPLICANT / DEVELOPER:121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 75024SAETS T A81OF91ETXRICHARD W. RO G E RS 7/5/2013 INITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV−2\27644land.dwgTREES/PALMSCOMMON NAMEBotanical NameROOTSIZE/HT. ATPLANTINGSPACINGNOTESSHRUBSQTY.COMMON NAMEBotanical NameROOT SIZE SPACINGNOTES203BIG BLUE LIRIOPECONT. 1 GAL.LANDSCAPE SCHEDULE − CLA9DWARF YAUPON HOLLYCONT.5 GAL.Liriope muscari ’Big Blue’ilex cornuta ’nana’B&BHYBRID BERMUDA GRASS SOD ’CELEBRATION’Cynodon dactylonQTY.TURFQTY.COMMON NAMEBotanical NameNOTES20,250SFMISC.QTY.PRODUCT DESCRIPTIONNOTESINDIAN HAWTHORN ’CLARA’Raphiolepis indica ’Clara’ADAGIO MAIDEN GRASSMiscanthus sinensis ’Adagio’DWARF BURFORD HOLLYIlex cornuta ’Burfordii nana’6Quercus shumardi15Ulmus parvifolia sempervirensSHUMARD RED OAKLACEBARK ELMB&B4" CALIPER7’ HT.SEE PLANSEE PLAN5 GAL.5 GAL.5 GAL.CONT.CONT.CONT.24" O.C.30" O.C.48" O.C.48" O.C.36" O.C.8923185ANNUALS12SF4" POT AT 6"−8" O.C.9Pistachia ChinensisCHINESE PISTACHEB&BSEE PLAN4" MULCHBACKFILL MIX1’−2’GROUND COVERPLANTINGN.T.S.SEE PLANT LIST FOR SPACING12"SHRUB PLANTINGN.T.S.( SEE LANDSCAPE NOTES UNDISTURBED SUBSOILBACKFILL MIX3 INCHES MULCHFOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THEN6"2’(MIN.)TREE PLANTINGN.T.S.12"6"PLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGECOVERED W/2−PLY RUBBER HOSEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2−PLY RUBBER HOSE8’ STEEL TEE POST− 3 REQUIRED AT 120°4 INCHES MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.SODDED AREANATURAL STEEL EDGING.NO PAINTED EDGING SHALLBE USED.BELOWGRADESTEEL STAKE DRIVENFROM MULCH SIDE OFEDGING WITH TOP OFSTAKE BELOW TOP OFHEADER.ABOVEGRADEMULCH TOPFINISHED GRADENATURAL STEEL EDGING.NO PAINTED EDGING SHALLBE USED.BELOWGRADEABOVEGRADEDRESSINGPOLYPROPYLENE MATERIALWEED BARRIER.COMPACTED SANDSUB−BASE.FINISHED GRADEPOLYPROPYLENE MATERIALWEED BARRIER.STEPPING STONE BED1/32/31/32/3STEEL STAKE DRIVENFROM MULCH SIDE OFEDGING WITH TOP OFSTAKE BELOW TOP OFHEADER.MULCH TOPDRESSINGSTEEL EDGINGN.T.S.SODDED AREA W/MULCHN.T.S.ROCK BED AREA W/MULCHN.T.S.6" MINIMUM OF 1"−3" MINIMUM 12" BACKFILL MIXTOP OF POTDECOMPOSED GRANITE ROCKCOMPACT SOIL AROUND PLANTER POT TO SAME DENSITY AS UNDISTURBEDADJACENT SOIL.2’4’1 1/2"1/2" THRU HOLE (4).FILL HOLE WITH CAULKPLANTER POT DETAILN.T.S.NOTES:1. REFER TO COURTYARD PLAN FOR LOCATIONS.2. QUICKCRETE CASCADE QR−CE4824P SAND COLOR WITH LIGHT BLASTOR APPROVED EQUAL.TOP OF POTBOTTOM OF POTFILL HOLE WITH CAULK1/2" THRU HOLE4−CREEPING ROSEMARY4−BLUE PRINCESS VERBENA1−PURPLE FOUNTAIN GRASSVerbena x hybrida ’Blue Princess’Pennisetum ’rubrum’Rosmarinus officinalis ’Protratus’4" CALIPER7’ HT.4" CALIPER7’ HT.CLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONENGINEER CEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYORPROPERTY OWNER/DEVELOPER / APPLICANTPEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLS&LANDSCAPE ARCHITECT12"FROM TOP 1/3 OF THE BALLTREE PLANTING ON SLOPEN.T.S.NOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.2’(MIN.)6"REMOVE BURLAP & ROPEUNDISTURBED SUBSOILBACKFILL MIX8’ STEEL TEE POST− 3 REQUIRED AT 120°DOUBLE STRAND 12 GAUGE WIRECOVERED W/2−PLY RUBBER HOSEPAINTED FLUORESCENT ORANGETO PROVIDE FOR PLANTINGCUT BACK SLOPE A FLAT SURFACE 6"EXISTING GROUNDWHITE FLAGGING (TYP.)4 INCHES MULCHTREE WRAP4 INCH DEEP SAUCER8" 2−PLY RUBBER HOSEPLANPROPERTY OWNER/121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 750246Cupressocyparis leylandiLEYLAND CYPRESSCONT.SEE PLAN7’ HT. ATTIME OFPLANTING7/5/2013SAETS T A81OF91ETXRICHARD W. RO G E RS LEGENDEXISTINGED−X−WVBWPTHGVSCHYDFA/CSTSOHU640’WGASCETINITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV 1\27644land.dwgTREE MITIGATION TABULATIONSEXISTING TREE LEGENDEXISTING TREE TO REMOVETOTAL CALIPER OF PROTECTED TREESTOTAL CALIPER OF TREES SAVED(6" AND GREATER)PRESERVATION CREDIT %REQUIRED RETRIBUTIONTOTAL CALIPER INCHES OF TREES PROVIDED(REFER TO LANDSCAPE PLAN)211"0TREE MITIGATION TABULATIONSDIA.INCHESSPECIES(COMMON NAME)12"11"11"28"11"31"9"11"23"19"9"11"6"11"13"22"32"CEDAR ELMCEDAR ELMCEDAR ELMHACKBERRYHACKBERRYCEDAR ELMHACKBERRYHACKBERRYLIVE OAKCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELM58"(50% OF THE PROVIDED BY ORDINANCE)29 TREES @ 4" CAL. (REQUIRED BY ORDINANCE)= 116"153"0 20’ 30’ 40’SCALE IN FEETCLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONCEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYOR:PROPERTY OWNER:PEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLSENGINEER &LANDSCAPE ARCHITECT:APPLICANT / DEVELOPER:121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 75024SAETS T A81OF91ETXRICHARD W. RO G E RS 5/6/2013 FIN FLOOR0'-0" = 59.0'T.O. PARAPET25' - 8"FIN FLOOR0'-0" = 59.0'T.O.ROTUNDA40' - 0"CURTAIN WALL GLAZINGPILASTER CORNICESTONE CORNICEFRONT FEATURE CORNICEROTUNDA CORNICESPANDREL GLAZINGSTONEPILASTER CAPCURTAIN WALL GLAZINGBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGCULTURED STONE:COBBLEFIELD "TEXAS CREAM"(SIM. MATCH TO COBBLEFIELD "BROWN"SIGNAGESIGNAGESTONE PILASTERCAPITALSTONE CORNICESTONE ACCENT CORNICESTONE ACCENTCORNICET.O.ROTUNDA40' - 0"FIN FLOOR0'-0" = 59.0'PILASTER CORNICEMAIN CORNICESIDE FEATURE CORNICEACCENT CORNICEPILASTER CAPSIDE BUMP-OUT CORNICEPILASTER CAPROTUNDA CORNICESPANDREL GLAZINGCULTURED STONE:COBBLEFIELD "TEXAS CREAM"(SIM. MATCH TO COBBLEFIELD "BROWN")BRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGFIN FLOORT.O.ROTUNDA40' - 0"0'-0" = 59.0'PILASTER CORNICESIDE FEATURE CORNICEMAIN CORNICESIDE BUMP-OUT CORNICECURTAIN WALL GLAZINGPILASTER CAPACCENT CORNICECULTURED STONE:COBBLEFIELD "TEXAS CREAM"SPANDREL GLAZINGBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGSIGNAGE AREA1/8"=1'-0"Plotted On: Monday, May 06, 2013 - 11:13amUser Name: kristen_mack 912580PROFESSIONAL OF RECORDPHONE: 314-821-1100Job No:No:ISSUE:DATE:Scale:Drawn:Checked:Sheet No.PROJECTMANAGERSST. LOUIS, MO 6312710877 WATSON ROADCHILDREN'S LEARNING ADVENTURE CHILDCARE CENTERSXX-XX-XXPermitDate:BidDate:COPPELL COPPELL, TEXASXX-XX-XXSCALE:1A2-0ELEVATION EAST1/8" = 1'-0" SCALE:2A2-0ELEVATION NORTH1/8" = 1'-0" SCALE:3A2-0ELEVATION WEST1/8" = 1'-0" SCALE:4A2-0ELEVATION SOUTH1/8" = 1'-0" ELEVATIONS FOR APPROVAL 5/6/13 DATE REVISION DESCRIPTION DESIGNER B1 A B3 C 15' R.O.W. CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 N.T.S. COPPELL, TX CLA-TXxxx-02 \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\SITE PLAN STORE # : ADDRESS: xxx MACARTHUR BLVD & FOREST HILLS DR. COPPELL, TX 5.1.13 WAMREVISE SIGN SCHEDULE SITE PLAN STORE # : ADDRESS: xxx MACARTHUR BLVD & FOREST HILLS DR. COPPELL, TX B1 A B3 C SITE R3 5.6.13 WAMREVISE SIGN SCHEDULE 5.7.13 WAMREVISE SITE PLAN DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ 5.1.13 WAMREVISE SOUTH ELE SIGNAGE 5.6.13 WAMREVISE EAST, NORTH, SOUTH ELE SIGNAGE ELE R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 N.T.S. COPPELL, TX CLA-TXxxx-02 SOUTH ELEVATION N.T.S. WEST ELEVATION N.T.S. NORTH ELEVATION N.T.S. EAST ELEVATION N.T.S. B1 B1 A A B3 B3 COMBINED SQ. FT=147 SQ. FT=50 DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 1 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS .177" TRANSLUCENT CLEAR BACKS 66 SQ. FT. 4" (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY SIGN TO ATTACH WITH 3/8" LAG BOLTS B1 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 19'-1 3/8"3'-5 1/2" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 2 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS 81 SQ. FT. (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS SIGN TO ATTACH WITH 3/8" LAG BOLTS .177" TRANSLUCENT CLEAR BACKS 4" A 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 23'-5"3'-5 1/2" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 3 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS .177" TRANSLUCENT CLEAR BACKS 50 SQ. FT. 4" (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY SIGN TO ATTACH WITH 3/8" LAG BOLTS B3 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 16'-7 5/8" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ MONUMENT R3 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/4"=1'-0" COPPELL, TX CLA-TXxxx-02 BORAL CULTURED STONE - COBBLEFIELD “TEXAS CREAM” MASONRY BORAL CULTURED STONE COBBLEFIELD “TEXAS CREAM” ALUMINUM PANEL PAINTED WHITE C 10'-0"6'-0"D/F HALO ILLUMINATED MONUMENT SIGN 60 SQ. FT. (1) REQUIRED END VIEW CULTURED STONE CORNICE TO MATCH ARCHITECTURE CULTURED STONE CAP TO MATCH ARCHITECTURE ALUMINUM PANEL PAINTED WHITE 5.2.13 WAMREVISE BOTTOM PANEL LAYOUT 5.6.13 WAMREVISE MATERIAL, CONSTRUCTION 5.7.13 WAMREVISE TRIM MATERIAL - CULTURED STONE 1'-2" 3" 3" 1 1/2" 1 1/2" REVERSE CHANNEL LETTERS 3" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL REVERSE CHANNEL LETTERS 3" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL REVERSE CHANNEL LETTERS 1 1/2" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL ALUMINUM PANEL PAINTED WHITE8"1'-2 3/4"4 7/8" Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1102 File ID: Type: Status: 2013-1102 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Vista Point II, Lot 6R, Blk A, RPFile Name: Title: PUBLIC HEARING: Consider approval of the Vista Point II, Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Notes: Agenda Date: 06/11/2013 Agenda Number: 24. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing 06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, to close the Public Hearing, deny the Agenda Item and direct the applicant to resubmit with the Public Hearing on July 9th. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1102 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1102) PUBLIC HEARING: Consider approval of the Vista Point II, Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Summary The following P&Z condition remains outstanding: 1.There may be additional comments upon Detail Engineering review. Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this REPLAT (4-0), subject to the above-stated condition. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Date: Referenc 2030: Introduc This is a the Vista allow the Analysis On May subject to 1 Legal Re This item Fiscal Im None Recomm The Plan Council m Attachm Staff Rep Mayo Gary L June 1 ce: Consi Sense ction: companion a Point II A e developme s: 16, 2013, t o the followi . There ma eview: m did not req mpact: mendation: nning Depart meeting. ments: port with Re r and City C L. Sieb, Dire 11, 2013 ider approva e of Commu request to th ddition, into nt of a Day the Planning ing condition y be addition quire City At tment recom plat MEM Council ector of Plan al Vista Point unity he PD Amen o one lot an Care Center g & Zoning n: nal commen ttorney revie mmends this r 1 MORANDU nning t II, Lot 6R, ndment. Thi nd to establis r. Commission nts upon Deta ew replat be den UM Block A, R is is a replat sh easement n recommen ail Engineer nied and resu Replat t of Lots 6 an ts, fire lanes nded approv ring review. ubmitted for nd 7, Block s and setbac val of the Re r the July 9, A, of cks to eplat, 2013 ITEM # 10 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Point II, Lot 6R, Block A, Replat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: NWC MacArthur Boulevard & Forest Hill Drive SIZE OF AREA: 2.6 acres of property CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: A replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center. APPLICANT: Prospective Purchaser: Property Owner: David Newton Simon Beakley Children's Learning Adventure 121 Crossing LTD Childcare Centers (CLA) 6900 Dallas Parkway 3131 E Camelback Rd, Suite 420 Suite 780 Phoenix, AZ 85016 Plano, Texas 75024 602-707-6991 972-698-5399 dnewton@childrenslearningadventure.com HISTORY: The subject property lies within Denton County and was originally part of the city of Lewisville when the original plat for Vista Ridge Business Park was recorded in September of 1986. Since that time, the city of Coppell has annexed this and other portions of that Business Park. On December 16, 1999, the Planning and Zoning Commission recommended denial of a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard. This recommendation was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres. That building was never built and the site plan expired. On April 13, 2004, Council approved a Concept Planned Development to allow the construction of 210,000-square feet of office/warehouse/assembly buildings (total of 6 buildings) and five retail pad sites. In August 2004, Council approved the Detail ITEM # 10 Page 2 of 3 Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. The second three buildings were approved in April 2006. Also in 2004, with the original Concept Plan, an SUP for a gas station and car repair on Lot 4 of this PD was approved, which subsequently expired. A modified SUP for the same uses was again approved in May 2005. On April 12, 2005, Council approved an amendment to this PD to allow the development of the Bank of Texas on Lot 5, which abuts the subject property to the north. On November 14, 2006, Council approved a Site Plan to allow a 9,300-square- foot retail building replacing the previously approved gas station/convenience store at the corner of SH 121 and MacArthur Blvd. Firestone Auto Repair was completed in April of 2007 on the land adjacent to the retail building. On October 13, 2009, Council approved a PD Amendment and a replat which allowed that lot to be subdivided into two lots to allow the existing buildings (the retail and the Firestone) to be on individual lots to permit separate ownership. Zimmer purchased the retail building, and was denied a PD amendment to allow for attached signage which was not in accordance with the sign regulations. Since that time, the citywide Sign Ordinance has been revised, and Zimmer was allowed their desired sign. There has been no zoning or platting activity on this property currently being proposed for a day care center since the Concept PD was originally established in 2004. TRANSPORTATION: MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six- lane divided street contained within a 120-foot right-of-way. SURROUNDING LAND USE AND ZONING: North- Bank of Texas; PD-199-R2-HC South- Levee and Trail System (approx.330 foot wide) and The Peninsulas; PD- 132-SF-9 East-Villas of Lake Vista; PD-202-TH-1 West-Office/warehouse/showroom; PD-199R3-HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area for Freeway Special District. DISCUSSION: This is a companion request to the PD amendment to allow the development of a day care center. This request is to replat two lots into one to accommodate this development. There are several easements that needed to be relocated and setbacks established. The overall plat establishes mutual access that allows for internal ITEM # 10 Page 3 of 3 circulation as well as access to abutting street system. The front building lines along both MacArthur and Forest Hill Drive have been established at 60 feet. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the replat of Vista Point II, Lot 6R, subject to the following conditions 1. There may be additional comments upon Detail Engineering review. 2. Add “Lot 6R, Block A” to the City Secretary’s signature block. 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. Replat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1097 File ID: Type: Status: 2013-1097 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 06/11/2013Final Action: Gateway Business Park II, Lot 1R, Blk B - BMSC/Naterra Corp. Headquarters, RP File Name: Title: PUBLIC HEARING: Consider approval of the Gateway Business Park II, Lot 1R, Block B, - BMSC/Naterra Corp. Headquarters, Replat, to establish setback lines and necessary easements to allow the construction of a 317,212-square-foot, two-story office/warehouse/manufacturing building on 18.4 acres of property located at the southeast corner of Freeport Parkway and Wrangler Drive. Notes: Agenda Date: 06/11/2013 Agenda Number: 25. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Clayton Strolle, representing the applicant, was available for questions. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Gary Roden, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1097) Text of Legislative File 2013-1097 Title PUBLIC HEARING: Consider approval of the Gateway Business Park II, Lot 1R, Block B, - BMSC/Naterra Corp. Headquarters, Replat, to establish setback lines and necessary easements to allow the construction of a 317,212-square-foot, two-story office/warehouse/manufacturing building on 18.4 acres of property located at the southeast corner of Freeport Parkway and Wrangler Drive. Summary Staff Recommendation: On May 16, 2013, the Planning Commission unanimously recommended approval of this REPLAT (4-0). Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Gary L. Sieb, Director of Planning Date: June 11, 2013 Reference: Gateway Business Park II, Lot 1R, Block B, - BMSC/Naterra Corp. Headquarters, Replat 2030: Business Prosperity, Sense of Community Introduction: The owner/occupant of this building will be BMSC/Naterra who is consolidating their facilities and relocating their headquarters, manufacturing and warehouse functions to this new 317,212- square foot building. BMSC (Beauty Manufacturing Solutions, Corp) formulates and manufactures an extensive range of cosmetics and personal care products for men, women, and children. Naterra manufactures skin care products, including Tree Hut, Baby Magic and phase+. Analysis: On May 16, 2013, the Planning & Zoning Commission unanimously recommended approval of this replat, there were no outstanding conditions. On April 18, 2013, the Planning & Zoning Commission approved a site plan for a two-story, 317,212-square-foot office/manufacturing/warehouse building with phased parking on this 18.4 acre tract of land subject to a replat being submitted to establish all necessary fire lanes and easements to support this proposed development and confirmation of a Spill Containment Plan by the Fire Marshal. Legal Review: This item does not require legal review. Fiscal Impact: None Recommendation: The Planning Department recommends Approval 2 Attachments: Staff Report with Replat ITEM # 06 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Gateway Business Park II, Lot 1R, Block B, - BMSC/Naterra Corp. Headquarters, Replat P&Z HEARING DATE: May 16, 2013 C.C. HEARING DATE: June 11, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: SEC of Freeport Parkway & Wrangler Drive SIZE OF AREA: 18.4 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A replat to establish setback lines and necessary easements to allow the construction of a 312,212-square-foot, two-story office/warehouse building. APPLICANT: Owner: Engineer: SFPLP Holdings Management, LLC Clayton Strolle, P.E. 137525 Denton Drive Pacheco Koch, LLC Dallas, Texas 75234 8350 N. Central Expressway 972-241-9665 Dallas, Texas 75206 972-235-3031 cstrolle@pkce.com HISTORY: In 1998 a PID was established for Gateway Business Park, which provided landscaping and business park signage for this development. In 1990, a preliminary plat for 225 acres was approved. Since that time, approximately one- half of the park has been developed and is home to companies such as Brinks, Avaya, UPS, Haverty’s, and is the future home of AAA which will be occupying the two, a two-story office buildings on the west side of Freeport Parkway at IH 635. In 1999, the subject property was part of a three-lot Final Plat of 32.8 acres to allow the development of a two-story, 104,000-square-foot office building on IH 635 and Freeport Parkway. On April 18, 2013, the Planning and Zoning Commission approved a site plan for a two-story, 317,212-square-foot office/manufacturing/warehouse building with phased parking on this 18.4 acre tract of land subject to a replat being submitted to establish all necessary fire lanes and easements to support this proposed development and confirmation of a Spill Containment Plan by the Fire Marshal. ITEM # 06 Page 2 of 2 TRANSPORTATION: Freeport Parkway is a four-lane divided thoroughfare, built within a 110-foot R.O.W. Wrangler Drive is a four-lane undivided thoroughfare, built within 70 feet of R.O.W., and Dividend is a four-lane divided thoroughfare, built within 75 foot R.O.W. SURROUNDING LAND USE & ZONING: North- Vacant land and Office/warehouse; LI (Light Industrial) South - Vacant and Office Buildings; LI (Light Industrial) East - Coppell Middle School East and Athletic Fields; C (Commercial) West - Future Home of AAA, Office; LI (Light Industrial) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as suitable for Industrial Special District uses. DISCUSSION: As discussed in the History section of this staff report, on April 18th the Planning and Zoning Commission approved a site plan to allow construction of an office/manufacturing/warehouse building. The owner/occupant will be BMSC/Naterra who is consolidating their facilities and relocating their headquarters, manufacturing and warehouse functions to this new 317,000-square foot building. BMSC (Beauty Manufacturing Solutions, Corp) formulates and manufactures an extensive range of cosmetics and personal care products for men, women, and children. Naterra manufactures skin care products, including Tree Hut, Baby Magic and phase+. Per the Planning and Zoning Commission’s recommendation, staff has forwarded the applicant information concerning permit process from the Trinity River Authority relating Industrial Discharge into the Sanitary Sewer. This replat establishes setback lines and utility and fire lane easements to support this development. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Gateway Business Park II, Lot 1R, Block B, (BMSC/Naterra Corp), Replat, with no conditions ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat DALLAS COUNTYMAPSCO 11MNEC FREEPORT PARKWAY AND DIVIDEND DR. DALLAS COUNTYMAPSCO 11MNEC FREEPORT PARKWAY AND DIVIDEND DR. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1120 File ID: Type: Status: 2013-1120 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: Northlake 1File Name: Title: Consider approval of settlement and release agreement(s) by and between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Notes: Agenda Date: 06/11/2013 Agenda Number: 26. Sponsors: Enactment Date: Resolution.pdf, Exhibits.pdfAttachments: Enactment Number: 2013-0611.3 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Bob Hager, City Attorney, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1120 Title Consider approval of settlement and release agreement(s) by and between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1120) Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 TM 60776 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A SETTLEMENT AGREEMENT BY AND BETWEEN LUMINANT GENERATION COMPANY LLC AND THE CITY OF COPPELL; APPROVING THE TERMS AND CONDITIONS OF A RELEASE OF MEMORANDUM OF LEASE BY AND BETWEEN COPPELL LAND, LLC, CYPRESS WATERS LAND B, LTD, CYPRESS WATERS LAND C, LTD, THE CITY OF COPPELL AND LUMINANT GENERATION COMPANY LLC; APPROVING THE TERMS AND CONDITIONS OF A RELEASE OF MEMORANDUM OF ENVIRONMENTAL REMEDIATION AGREEMENT BY AND BETWEEN CBIC COPPELL LAND, LLC, CYPRESS WATERS LAND B, LTD, CYPRESS WATERS LAND C, LTD, THE CITY OF COPPELL AND LUMINANT GENERATION COMPANY LLC; AUTHORIZING THE CITY MANAGER TO SIGN, WHICH ARE ATTACHED HERETO AS EXHIBIT 1, 2 AND 3, RESPECTIVELY; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has entered into a Settlement Agreement by and between Luminant Generation Company LLC; and WHEREAS, the City has entered into a Release of memorandum of Lease and a Release of memorandum of Environmental Remediation Agreement by and between Coppell Land, LLC, Cypress Waters Land B, LTD, Cypress Waters Land C, LTD and Luminant Generation Company LLC; and WHEREAS, the City Council find it is in the best interest of the City of Coppell and its citizens to approve said agreement(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION 1. The City Council hereby approves the terms and conditions of Settlement Agreement by and between the City of Coppell and Luminant Generation Company, LLC. and hereby authorizes the City Manager to execute said agreement, as provided in Exhibit 1 which is attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby approves the terms and conditions of a Release of Memorandum of Lease and Release of Memorandum of Environmental Remediation Agreement by and between the Coppell Land, LLC, Cypress Waters Land B, LTD, Cypress Waters Land C, LTD and Luminant Generation Company LLC. and hereby authorizes the City Manager to execute said releases, as provided in Exhibit 2 and 3, which are attached hereto and incorporated herein by reference. TM 60776 SECTION 3. Any prior resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. Should any part of this resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 5. This resolution shall take effect immediately from and after its passage, and it is duly resolved. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the ____ day of , 2013. APPROVED: Karen Selbo Hunt, Mayor ATTEST: Christel Pettinos, City Secretary APPROVED AS TO FORM: _________________________________ Robert E. Hager, City Attorney (REH/mpm) Exhibit 1 Settlement Agreement TM 60776 Exhibit 2 Release of Memorandum of Lease TM 60776 Exhibit 3 Release of Memorandum of Environmental Remediation Agreement TM 60776 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1121 File ID: Type: Status: 2013-1121 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: Northlake 2File Name: Title: Consider approval of a surface use agreement by and between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Notes: Agenda Date: 06/11/2013 Agenda Number: 27. Sponsors: Enactment Date: Resolution.pdf, Surface Use Agreement.pdfAttachments: Enactment Number: 2013-0611.4 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Bob Hager, City Attorney, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1121 Title Consider approval of a surface use agreement by and between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1121) Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 TM 60133 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A REVISED SURFACE USE AGREEMENT BY AND BETWEEN LUMINANT GENERATION COMPANY, LLC., TRAMMELL CROW NO. 43, LTD., COPPELL INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COPPELL COVERING APPROXIMATELY 1,700 ± ACRES OF LAND LOCATED AT NORTHLAKE AS PROVIDED IN SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN, WHICH IS ATTACHED HERETO AS EXHIBIT 1, FOLLOWING REVIEW BY THE CITY ATTORNEY; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has previously approved a Surface Use Agreement on , 2013 by and between Luminant Generation Company, LLC, Trammell Crow No. 43, Ltd. and Coppell Independent School District (CISD); and WHEREAS, the terms and conditions, at the request of Luminant and CISD, have been modified; and, WHEREAS, the City Council find it is in the best interest of the City of Coppell and its citizens to approve said agreement, as modified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION 1. The City Council hereby approves the modified terms and conditions of Surface Use Agreement by and between Luminant Generation Company, LLC, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land generally located at Northlake as provided in said agreement; and, hereby authorizes the City Manager to execute such agreement, as provided in Exhibit 1, which is attached hereto and incorporated herein by reference. SECTION 2. The City Manager of the City of Coppell, Texas, is hereby authorized to execute said agreement, which is attached hereto as Exhibit 1, subject to release of any and all easements in favor of Oncor Electric Delivery Company LLC following review by the City Attorney. SECTION 3. Any prior resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. Should any part of this resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 5. This resolution shall take effect immediately from and after its passage, and it is duly resolved. TM 60133 DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the ____ day of , 2013. APPROVED: Karen Selbo Hunt, Mayor ATTEST: Christel Pettinos, City Secretary APPROVED AS TO FORM: _________________________________ Robert E. Hager, City Attorney (REH/mpm) Exhibit 1 TM 60133 1 After Recording, Return To: Chicago Title Insurance Company 2828 Routh, Suite 800 Dallas, TX 75201 Attn: Joycelyn Armstrong SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT (this “Surface Use Agreement”) is made effective June ___, 2013 (the “Effective Date”) among LUMINANT MINERAL DEVELOPMENT COMPANY LLC, a Texas limited liability company (including its successors and assigns, “Mineral Owner”), LUMINANT GENERATION COMPANY LLC, a Texas limited liability company (including its successors and assigns, “Luminant Generation”), and the following parties (including each of their successors and assigns, collectively, the “Surface Owners”): TRAMMELL CROW COMPANY NO. 43 LTD., a Texas limited partnership (“TCC No. 43”), in its capacity as managing agent for the parties for which TCC No. 43 is shown to be acting in such capacity on the signature pages of this Surface Use Agreement (hereafter the “Billingsley Surface Owners”), the CITY OF COPPELL, TEXAS, a political subdivision of the State of Texas (“Coppell”) and the COPPELL INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas (“CISD”). RECITALS: A. Surface Owners are the owners of (or simultaneously with the execution of this Surface Use Agreement will become the owners of) the surface estate in the real property located in Dallas County, Texas described on Exhibit A attached hereto and made a part hereof (the “Conveyed Northlake Premises”). B. Mineral Owner is the owner of the mineral estate in the Conveyed Northlake Premises (the “Mineral Estate”). C. The portions of the conveyed Northlake Premises that were conveyed in 2006 and 2008 included limited surface waivers in favor of the grantees which may not be effective because the Mineral Estate had already been conveyed to Mineral Owner (or its predecessors) and Mineral Owner and the Surface Owners desire to ensure that the limited surface waiver applies to the entire Conveyed Northlake Premises. D. Luminant Generation is the owner of the parcels described on Exhibit B attached hereto and made a part hereof (the “Drill-site Tracts”) that it intends to make available to Mineral Owner for the purpose of mining, drilling, testing, exploring, fracture stimulating, producing, operating, completing, storing, processing, removing, transporting, marketing and developing oil, gas and other minerals on the Drill-site Tracts (“Mineral Development Operations”). E. Surface Owners, Mineral Owner and Luminant Generation desire to provide for orderly Mineral Development Operations. F. Simultaneously with the execution of this Surface Use Agreement, Luminant Generation is releasing certain surface and subsurface easements reserved over a portion of the Conveyed Northlake Premises for oil and gas transmission purposes and certain of the Billingsley Surface Owners and Mineral Owner desire to provide for the grant to Mineral Owner of surface and subsurface easements over the portion of the Conveyed Northlake Premises described herein as the “Oil and Gas Transmission Easement Area” for oil and gas transmission purposes. 1541516v.14 EFH100/52002 2 NOW, THEREFORE, for and in consideration of the covenants of the parties set forth in this Surface Use Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Oil and Gas Transmission 1.1 Oil and Gas Transmission Easement Area. Access and oil and gas transportation supporting Mineral Development Operations shall be confined to the property described on Exhibit C-1 and Exhibit C-2 attached hereto and made a part hereof (the “Oil and Gas Transmission Easement Area”), or publicly dedicated streets and roads, subject to the terms of this Surface Use Agreement. Any pipelines installed in the Oil and Gas Transmission Easement Area shall be located only in or on the property described on Exhibit C-1 hereto and shall be constructed in accordance with applicable Department of Transportation regulations and any applicable State of Texas regulations adopting such federal standards, establishing minimum construction standards for pressurized natural gas pipelines. Mineral Owner shall not construct pits on the Oil and Gas Transmission Easement Area for any purpose. 1.2 Grant of Oil and Gas Transmission Easement. Coppell, CW Shoreline Land, Ltd. and Trammell Crow Company No. 43, Ltd. (collectively, “Grantor”) hereby grant and convey to Mineral Owner perpetual nonexclusive easements over, through, on, under and across the Oil and Gas Transmission Easement Area for the following purposes (collectively, the "Oil and Gas Transmission Easement"), subject to easements, covenants, conditions, and restrictions of record existing as of the Effective Date: 1.2.1 Transportation of hydrocarbons and/or natural gas plus water and byproducts used in, or produced by, operations for extraction of minerals (“Pipeline Operations”); and 1.2.2 Vehicular access and use as well as rights of ingress and egress in connection with Mineral Owner’s Pipeline Operations. 1.2.3 In connection with the foregoing, Mineral Owner shall have the right within the Oil and Gas Transmission Easement Area: (a) to lay, repair, maintain, operate and remove pipelines and to replace existing lines with other lines for the transportation of oil or gas (and their products), water or any other fluid or substance; (b) to install valves, fittings, meters and similar appurtenances, including, without limitation, above-ground appurtenances, as may be necessary or convenient for the operation of the lines installed by Mineral Owner; (c) to erect, repair, maintain, operate, patrol and remove electric lines, graphite and steel anodes and other devices for the control of pipeline corrosion, over, through, on, under and across the Oil and Gas Transmission Easement Area; (d) to select the route of all pipelines, electric lines and other lines; (e) to enter the Oil and Gas Transmission Easement Area for purposes of exercising the rights granted to Mineral Owner in this Surface Use Agreement; and (f) to do any and all things that may be required for the enjoyment of the rights granted to Mineral Owner in this Surface Use Agreement. 3 1.3 Reservations. Grantor reserves for Grantor and Grantor’s successors and assigns, the right to convey rights and/or easements encumbering or which may encumber the Oil and Gas Transmission Easement Area to others and to pave and landscape the surface of the Oil and Gas Transmission Easement Area for drives, curbing, and medians, and to construct fences as permitted by Applicable Law, so long as such additional transfer is subject to the Oil and Gas Transmission Easement, subordinate to the Mineral Owner’s rights hereunder and, so long as Grantor’s exercise of such rights does not interfere with Mineral Owner’s construction, reconstruction, repair or maintenance of facilities on and under the Oil and Gas Transmission Easement Area, and is not for the purpose of installing or operating an oil and/or natural gas pipeline or appurtenances thereto. After doing any work in connection with the construction, operation, or repair of facilities within the Oil and Gas Transmission Easement Area, Mineral Owner shall repair the surface of the Conveyed Northlake Premises affected by such work to as close to the condition in which it was found before such work was undertaken to the extent reasonably practicable. 2. Limited Surface Waivers. Subject to the terms and conditions of this Surface Use Agreement, Mineral Owner hereby waives, releases and relinquishes the right to enter upon or use the surface of the Conveyed Northlake Premises or any portion of the surface estate thereof for any purpose including, without limitation, for the purpose of Mineral Development Operations on the surface. Notwithstanding anything herein to the contrary, the foregoing shall not be construed as waiving, releasing or relinquishing in any way any of the Mineral Estate or Mineral Owner’s rights to use, explore for, develop and produce from the Mineral Estate, by pooling, or by wells drilled and other subsurface operations in and under the Conveyed Northlake Premises (including, without limitation, directional or horizontal drilling techniques, fracturing and other completion operations) originating from surface locations (including, without limitation, the Drill-site Tracts) not on the Conveyed Northlake Premises; provided, however, that the well bore for any underground oil or gas well that enters the subsurface of the Conveyed Northlake Premises shall be at a depth of at least 3,000 feet below the surface of the Conveyed Northlake Premises. The foregoing waiver shall not, however, affect or impair Mineral Development Operations or Pipeline Operations in or on the Drill-site Tracts or the Oil and Gas Transmission Easement Area, respectively. In the event of any conflict between this Section 2 and any other covenant, condition or restriction between or among Mineral Owner and any of the Surface Owners, the terms and conditions of this Section 2 shall control. Subject to the terms and conditions of this Surface Use Agreement, Surface Owners hereby waive, release and relinquish the right to use the portion of the Conveyed Northlake Premises lying at or below 3,000 feet below the surface for the drilling, completion or operation of groundwater production wells for non-potable water (“Groundwater Operations”), it being expressly agreed and acknowledged by Surface Owners that Groundwater Operations shall be limited to the surface of the Conveyed Northlake Premises and the portion of the Conveyed Northlake Premises located above 3,000 feet below the surface of the Conveyed Northlake Premises. 3. Offsite Operations Easements. The Surface Owners, for adequate consideration, hereby grant, sell and convey to Mineral Owner exclusive subsurface easements (the “Offsite Operations Easements”) under and across the lands comprising the Conveyed Northlake Premises, subject to easements, covenants, conditions, and restrictions of record existing as of the Effective Date, as follows: 3.1 Subsurface easements for purposes of mining, drilling, testing, exploring, fracture stimulating, producing, operating, completing, storing, processing, removing, transporting, marketing or developing oil, gas and other minerals from wells the surface locations of which are upon any of the Drill- site Tracts, such subsurface easements extending from each of the Drill-site Tracts across any portion of the subsurface of the Conveyed Northlake Premises lying at least 3,000 feet below the surface. 3.2 The Offsite Operations Easements herein granted will continue for so long as such Offsite Operations Easements are utilized or required by Mineral Owner. 4. Surface Operations. Mineral Owner shall strictly comply with the following obligations: 4 (a) WATER AND SURFACE PROTECTION: Mineral Owner’s operations on or near the Conveyed Northlake Premises shall be conducted in such a manner as to prevent damage to, or contamination of (i) any and all waters in, under or on the Conveyed Northlake Premises and any adjoining lands, whether the water be found in surface tanks or any other type of storage, in creek beds or river beds, or in surface or subsurface water-bearing strata or formations, and (ii) the surface and subsurface of the Conveyed Northlake Premises and any adjoining lands, from salt water or other noxious, deleterious or contaminating substance flowing over or leaking or seeping onto, or penetrating such land. (b) SALT WATER AND DRILLING MUD DISPOSAL: No salt water, drilling mud, produced fluids or other waste substance shall be disposed of on or under the Drill-site Tracts or on the Conveyed Northlake Premises. (c) SEISMOGRAPHIC OPERATIONS: Mineral Owner will notify Coppell, CISD and TCC No. 43 (but not any of their successors or assigns) in writing prior to conducting any seismographic exploration under the Conveyed Northlake Premises. No seismographic operations using dynamite or explosives shall be conducted on the Conveyed Northlake Premises. Mineral Owner’s exploration and operations shall not create any subsurface movement, vibration, void, or other condition which affects in any way the structural strength or integrity of the dam and spillway serving the lake known as “North Lake” located on the Conveyed Northlake Premises (the “Lake”). (d) TRASH: Mineral Owner will prevent papers, boxes, sacks and containers and scrap, trash and waste materials of any kind from being discarded on or littering the Conveyed Northlake Premises. After the commencement of Mineral Development Operations, Mineral Owner shall maintain the Drill-site Tracts and any portion of the Conveyed Northlake Premises adversely affected by Mineral Development Operations in a neat and clean condition at all times. (e) ENVIRONMENTAL: As used in this Surface Use Agreement, the term “Hazardous Materials” means any substance defined or identified as a hazardous, extra hazardous or toxic substance, waste, or material under any applicable federal, state, or local statute or regulation. “Remedial Work” is defined as any site investigation or monitoring, any cleanup, containment, remediation, removal, or restoration work performed in response to any federal, state or local government authority or private party action, or pursuant to any federal, state or local statute, rule, regulation or other laws. Mineral Owner agrees (1) to remove from the Conveyed Northlake Premises, if, as and when required by law, any Hazardous Materials placed or released thereon by Mineral Owner, (2) to perform Remedial Work where the need therefor arises in connection with Mineral Owner’s operations or activities, and (3) to comply in all respects with all federal, state and local governmental laws and regulations (“Applicable Law”) governing operations by Mineral Owner and Remedial Work on or associated with the Conveyed Northlake Premises. (f) DISCHARGES: Mineral Owner shall not purposefully discharge any oil, condensate, saltwater, or any substance used in drilling or production onto the Conveyed Northlake Premises or Lake under any circumstances, and in order to prevent undue deterioration of streets, shall keep paved streets on the Conveyed Northlake Premises free of material discharges through spillage or leakage from Mineral Owner’s trucks. Prior to commencing production from any well on the Drill-site Tracts, tanks and other storage vessels shall be enclosed by an earthen berm or man-made structure of sufficient height to contain any discharge associated therewith which might occur. In the event that there is a discharge from a Drill-site Tract, the affected area shall be restored to its original condition insofar as reasonably practicable. Such restoration shall include correction of any erosion damage on the Drill-site Tract and removal of any contaminated soil, and replacement with uncontaminated soil, regardless of whether the discharge occurred through the negligence of Mineral Owner or otherwise. The provisions of this Subsection are cumulative of other provisions in this Surface Use Agreement relating to Mineral Owner’s remedial obligations for environmental contamination. 5 (g) TREES: Mineral Owner shall not cut or destroy any oaks or hardwood trees on the Oil and Gas Transmission Easement Area having a caliper diameter in excess of eight (8) inches without the prior consent of the overlying Surface Owner, which shall not be unreasonably withheld, delayed or conditioned. Tree removal on the Oil and Gas Transmission Easement Area shall be subject to tree replacement obligations imposed by Applicable Law (determined without regard to Mineral Owner’s use of the Drill-site Tracts or Oil and Gas Transmission Easement Area for any industrial use or alternative methods otherwise available pursuant to Chapter 51A-10.135 of the Code of Ordinances of the City of Dallas) and any Applicable Permits. (h) CATTLE FENCES: Mineral Owner shall obtain the consent of the overlying Surface Owner prior to cutting any livestock fence on the Oil and Gas Transmission Easement Area, such consent not to be unreasonably withheld, delayed or conditioned. If Mineral Owner cuts a fence, Mineral Owner, at its cost, must install a stretch post at each corner of the cut fence. Mineral Owner shall install and maintain cattle guards at every livestock fence crossing (using metal cattle guards of similar quality and structure currently located on the Oil and Gas Transmission Easement Area). With respect to fences cut by Mineral Owner (with Surface Owner’s consent), Mineral Owner shall also install a 12-foot gate (using gate of similar quality and structure currently located on the Oil and Gas Transmission Easement Area) and cattleguard at the crossing, which gate shall remain locked. Mineral Owner shall provide the Surface Owner a key to all keyed locks securing gates and with the combination for all combination locks. All livestock fencing installed by Mineral Owner shall be constructed with 5-strand barbed wire with metal T posts set at intervals not exceeding thirty (30) feet. (i) SITE RESTORATION: Within sixty (60) days of the completion and equipping by Mineral Owner of a well (or series of wells permitted by the applicable drilling permit) on a Drill-site Tract as a producing well or the plugging and abandonment thereof, Mineral Owner, at its sole cost and expense, shall: (1) remove all unnecessary surface equipment, flow lines and tankage, all drilling mud, chemical mud, saltwater, surface oil and other materials; (2) remove all materials stored in any earthen pits, together with any contaminated soil, and refill any such pits; (3) repair in accordance with the provisions of Applicable Law and any Applicable Permit, any potholes or other paving damage to any public roads on the Conveyed Northlake Premises; and (4) All tank batteries and other surface equipment located on the Southern Drill-site Tract will be maintained in good repair and all such items which are of a permanent nature shall be painted. (j) CGL INSURANCE: Each policy of commercial general liability and environmental impairment or pollution legal liability insurance covering handling, removal, seepage, storage, testing, transportation, and disposal of materials which Mineral Owner is obligated to secure and maintain under Applicable Law shall (so long as coverage for additional insureds shall be generally available in the market on commercially reasonable terms) name as additional insureds the Surface Owners named as parties to this Surface Use Agreement and any assignee, successor or assign thereof of which Mineral Owner is notified in writing by a Surface Owner. 5. Special Terms and Conditions Applicable to the Southern Drill-Site. Except as specified in subsection (a), within 270 days following written notice from TCC No. 43 that one or more of the Billingsley Surface Owners intend to commence construction of the Olympus Boulevard extension, Luminant Generation will commence and diligently pursue to completion the landscape improvements (excepting the Dirt Work described in subsection (a), the “Landscape Improvements”) identified in the 6 landscaping plan (the “Landscaping Plan”) attached hereto as Exhibit D on the Drill-site Tract identified as Pad Site F on Exhibit B (the “Southern Drill-site Tract”): (a) SITE PREPARATION WORK: Within 270 days following TCC No. 43’s delivery to the Southern Drill-site Tract at temporary storage locations designated by Luminant Generation, at TCC No. 43’s sole cost and expense, of fill sufficient to complete the Dirt Work (defined below), Luminant Generation or Mineral Owner will commence and diligently pursue to completion grading the portions of the Southern Drill-site Tract outside the boundaries of the limits of the Special Use Permit for a drilling permit on the Southern Drill-site Tract issued by the City of Dallas (the “SUP Boundary”) and will install and seed with grass berms ranging from three to six feet tall with a 3/1 maximum slope at the locations generally identified in the Landscaping Plan. All grading and drainage work shall be done in accordance with standard engineering practices, with the goal of retaining natural drainage patterns in the area, as determined by Luminant Generation’s consulting engineer. The grading and berming described in this subsection (a) is herein referred to as the “Dirt Work.” (b) LANDSCAPING: Luminant Generation or Mineral Owner will plant and use commercially reasonable efforts to establish and maintain outside the SUP Boundary Bermuda grass and evergreen shrubs at the locations shown on the Landscaping Plan. The evergreen shrubs shall be installed in three foot-wide mulched planting beds no greater than five feet on-center. The evergreen shrubs shall be at least 20 gallon container sized at planting, and will be capable of obtaining a solid appearance and a minimum height of eight feet within three years from date of planting. (c) FENCES AND SCREENING: Within 90 days following completion of drilling operations on the Southern Drill-site Tract, Luminant Generation or Mineral Owner will commence and diligently pursue installation of a minimum eight (8) foot-tall green vinyl coated fence generally at the location of the SUP Boundary (the “Screening Fence”). (d) MAINTENANCE: Luminant Generation or Mineral Owner, at its sole cost and expense, shall use commercially reasonable efforts to repair, maintain and replace the Screening Fence and the Landscape Improvements. All plant materials required herein must be maintained in a healthy, growing condition at all times. Luminant Generation’s and Mineral Owner’s obligations pursuant to this Section 5 and to obtain TCC No. 43’s consent pursuant to the second sentence of Section 7.2 shall terminate upon the occurrence of any of the following: (a) any taxes, assessments or other charges are levied or imposed by Cypress Waters Municipal Management District, a political subdivision of the State of Texas (the “District”) on the Mineral Estate or the Southern Drill-site Tract and the District has not, pursuant to and in accordance with an economic development grant approved by the City of Dallas and the District, rebated such amounts to the payor; (b) the District regulates, controls, limits or otherwise exercises rule-making authority over the Mineral Estate or the Southern Drill-site Tract; or (c) the Billingsley Surface Owners, any of the Billingsley Surface Owners parents, affiliates, assignees, associated companies, and the successor entities for each and every one of those entities, Henry or Lucy Billingsley, or any affiliate or relative by blood or marriage of Henry or Lucy Billinglsey, or any attorney or advisor to any of the foregoing petitions or advocates for the District to take any of the actions described in subsections (a) or (b) above. 6. Incorporation of Applicable Laws. To the extent Mineral Development Operations may be regulated by City of Dallas and Texas Railroad Commission, the parties hereby acknowledge their intention that the provisions of Applicable Law pertaining to Mineral Development Operations and Remedial Work, and any provisions of Mineral Owner’s permits issued by governmental authorities with jurisdiction over Mineral Development Operations (the “Applicable Permits”) for work conducted on the Drill-site Tracts and Oil and Gas Transmission Easement Area, are hereby incorporated into this Surface Use Agreement. Operating and remedial standards established by Applicable Law or Applicable Permits, to the extent they may provide restrictions, covenants, and standards applicable to Mineral Development Operations beneath the Conveyed Northlake Premises or in the Oil and Gas Transmission Easement Area 7 more stringent than those set forth in the Surface Use Agreement shall be enforceable by the parties hereto and Surface Owners impacted by Mineral Development Operations to the same extent as if such restrictions, covenants, and standards were expressly set forth in this Surface Use Agreement. 7. Miscellaneous. 7.1 Notices. Any and all notices, demands, consents and approvals required under this Surface Use Agreement shall be sent by certified or registered mail, postage prepaid, return receipt requested, or by reputable overnight delivery service (e.g. Fed Ex or Airborne) addressed to the party at the address shown on the signature pages to this Surface Use Agreement. Such address for notices may be changed and additional notice addresses added to reflect additional Surface Owners upon a minimum of ten (10) days prior written notice, delivered to all parties to this Surface Use Agreement at the then effective addresses for such parties. Any notice to the Billingsley Surface Owners shall be sufficient if sent only to TCC No. 43. All notices shall be deemed to have been given upon receipt (or refusal of receipt) thereof. 7.2 General. This Surface Use Agreement may only be amended in writing with the consent of the Mineral Owner and the Surface Owner affected by such amendment (it being expressly agreed and acknowledged that any Surface Owner located within 500 feet of any modified or proposed surface use shall be deemed to be affected by such use). The invalidation of any provision in this Surface Use Agreement by any court shall in no way affect any other provision, which shall remain in full force and effect, and to this end the provisions are declared to be severable. If any inconsistency exists or arises between the provisions contained in this Surface Use Agreement and the exhibits attached hereto, the provisions contained in this Surface Use Agreement shall control. 7.3 Covenants Run with the Land. Except as otherwise expressly provided in this Surface Use Agreement, the provisions of this Surface Use Agreement are hereby declared covenants running with the land and shall be perpetual and are fully binding on all successors, heirs, and assigns of the Surface Owners, Mineral Owner and Luminant Generation, respectively, who acquire any right, title, or interest (including, without limitation, any leasehold interest) in or to the Conveyed Northlake Premises, the Mineral Estate, the Drill-site Tracts or the Oil and Gas Transmission Easement or any part thereof. Any person who acquires any right, title, or interest in or to Conveyed Northlake Premises, the Mineral Estate, the Drill-site Tracts or the Oil and Gas Transmission Easement or any part thereof, thereby agrees and covenants to abide by and fully perform the provisions of this document. This Surface Use Agreement shall replace and supersede the following rights, restrictions, limitations, terms and conditions with respect to the Drill-site Tracts, the Conveyed Northlake Premises, the Oil and Gas Transmission Easement, the Mineral Estate, and the development of the Mineral Estate on the Drill-site Tracts and the Conveyed Northlake Premises: (a) the “Oil and Gas Transmission Easement” described in paragraph C. and Exhibit C of each of the following deeds recorded in the Real Property Records of Dallas County, Texas (the “Real Property Records”): (i) Special Warranty Deed with Easement Reservation dated November 21, 2008 and recorded as Instrument No. 20080370202, (ii) Special Warranty Deed with Easement Reservation dated November 21, 2008 and recorded as Instrument No. 20080370203, and (iii) Special Warranty Deed with Easement Reservation dated November 21, 2008 and recorded as Instrument No. 20080370204; together with the references to such easement in Exhibit B to the Special Warranty Deed with Reserved Right of First Refusal and Restrictive Covenants dated October 28, 2009 and recorded as Instrument No. 200900305881 in the Real Property Records and in Exhibit B to the Special Warranty Deed with Reserved Right of First Refusal and Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370218 in the Real Property Records; 8 (b) the oil and gas pipeline easement reserved in paragraph E. of the Special Warranty Deed dated October 31, 2008 and recorded as Instrument No. 20080320976 in the Real Property Records, as superseded by Correction Special Warranty Deed dated November [undated], 2008 and recorded as Instrument No. 20080370170 in the Real Property Records; (c) all references to that certain Oil and Gas Lease dated November 1, 2007 (the “Oil & Gas Lease”), a Memorandum of which is filed of record as Instrument No. 20070397856 in the Real Property Records, as amended by instrument filed of record as Instrument No. 20080339597 in the Real Property Records and as further amended by that certain Second Amendment to Oil and Gas Lease (the “Second Amendment”) contained in paragraph B. in each of the following deeds recorded in the Real Property Records: (i) Special Warranty Deed with Easement Reservation and Restrictive Covenants dated November 21, 2008 and recorded in the Real Property Records as Instrument No. 20080370202, (ii) Special Warranty Deed with Easement Reservation and Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370203, (iii) Special Warranty Deed with Easement Reservation and Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370204, and (iv) Special Warranty Deed with Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370205 (it being expressly agreed and acknowledged by the parties that this Surface Use Agreement shall govern the rights, obligations and restrictions between the parties with respect to the Drill-site Tracts, the Conveyed Northlake Premises, the Oil and Gas Transmission Easement, the Mineral Estate, and the development of the Mineral Estate on the Drill-site Tracts and the Conveyed Northlake Premises); (d) the Second Amendment, which is hereby released and superseded in all respects; (e) that certain Omnibus Agreement for Exchange of Land and Easements for Minerals dated December 28, 2006 between TXU Generation Co., L.P., TXU Mineral Development Company II LP, and TCC No. 43, as amended (which has been released by the parties thereto), and any references thereto of record; and (f) the Declarations of Covenants, Conditions, and Restrictions (each of which Declaration of Covenants, Conditions, and Restrictions is hereby released, satisfied and discharged in all respects) recorded as Instrument Nos. 20070001183 and 20070001184 in the Real Property Records. For the avoidance of doubt, in no event will any rights or easements contained or granted within the Special Warranty dated December 14, 2001 and recorded at Volume 2001248, Page 11540 of the Real Property Records be released or superseded in any respect, and such rights and easements are not affected hereby. 7.4 Severability. In case any one or more of the provisions contained in this Surface Use 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 hereof, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. 7.5 Change in Use; Division. The rights granted pursuant to this Surface Use Agreement shall not terminate or be in any way impaired by reason of a change of the present uses of the Conveyed Northlake Premises or the present improvements or fixtures thereon. If any portion of the Conveyed Northlake Property is hereafter divided into two or more parts by separation of ownership or lease, each portion shall enjoy the benefits and be subject to the burdens, as applicable, of the rights, easements and restrictions created hereby. 9 7.6 No Strict Construction. The rule of strict construction does not apply to the grant of rights contained herein. These grants shall be given a reasonable construction in order that the intention of the parties to confer a commercially useable right of enjoyment to Mineral Owner and Luminant Generation with respect to such rights shall be effectuated. The parties acknowledge that the parties and their counsel have reviewed and revised this Surface Use Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Surface Use Agreement or any exhibits or amendments hereto. 7.7 No Waiver. The failure of either party to enforce at any time any provision of this Surface Use Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Surface Use Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Surface Use Agreement shall be held to constitute a waiver of any other or subsequent breach. 7.8 Authority; Multiple Originals; No Oral Change. The individuals who sign below represent and warrant that they are authorized to execute this Agreement on behalf of the named Party. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. This Surface Use Agreement cannot be changed orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to waive, change, modify or discharge it in whole or in part unless the same is in writing and is signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. 7.9 Remedies; Attorneys’ Fees. The breach of any of the agreements, covenants, conditions and restrictions contained herein may not only give rise to an action for damages at law, but also may be made subject to an action for injunctive relief and or specific performance in equity in any court of competent jurisdiction. If any party breaches this Surface Use Agreement (the “Breaching Party”), (2) as a result of such breach, it becomes necessary for the another party (the “Enforcing Party”) to institute or defend legal proceedings against the Breaching Party, and (3) the Enforcing Party employs an attorney to enforce this Surface Use Agreement against the Breaching Party, obtain injunctive relief or collect damages against the Breaching Party, then the Breaching Party will pay to Enforcing Party all reasonable out-of-pocket attorneys’ fees, court costs and expenses in connection with the foregoing. It is expressly agreed that no breach of this Surface Use Agreement shall entitle any party to cancel, rescind or otherwise terminate this Surface Use Agreement. 7.10 Texas Law and Venue. This Agreement shall be construed and enforced according to the laws of the State of Texas. Any suit to enforce the rights conveyed by this Agreement shall be brought in Dallas County, Texas. 7.11 Special Provisions Concerning Coppell and CISD. 7.11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW THE PARTIES ACKNOWLEDGE THAT IMMUNITY FROM SUIT IS WAIVED WITH RESPECT TO ENFORCEMENT OF THIS SURFACE USE AGREEMENT. 7.11.2 Notwithstanding anything to the contrary contained in this Surface Use Agreement, neither Coppell nor CISD shall have the obligation to perform any covenant or agreement under this Surface Use Agreement that is found by a court of competent jurisdiction in a final, non- appealable judgment to violate applicable law or such entity’s charter or other governing document, if any, as of the date hereof (but nothing contained in this Section 7.11.2 shall prevent an enforcing party from seeking recovery under quantum meruit or seeking or exercising other equitable remedies). THIS SURFACE USE AGREEMENT is executed in multiple originals as of the day and year first above written. 1541516 Signature Page to Surface Use Agreement THE CITY OF COPPELL, TEXAS By: Name: Title: Date: Address for Notice: The City of Coppell, Texas 255 Parkway Blvd. Coppell, TX 75019-9478 Attention: City Manager with a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 THE STATE OF TEXAS § § COUNTY OF DALLAS § The foregoing instrument was acknowledged before me on _______________________, 2013, by ____________________, _______________ of the City of Coppell, a political subdivision of the State of Texas, on behalf of the City of Coppell. ____________________________________________ Notary Public, State of Texas Printed Name: _______________________________ My commission expires: _________________________ 1541516 Signature Page to Surface Use Agreement COPPELL INDEPENDENT SCHOOL DISTRICT By: Name: Title: Date: Address for Notice: Coppell Independent School District 200 S. Denton Tap Road Coppell, Texas 75019 Attention: Superintendent with a copy to: Robert E. Luna Law Offices of Robert E. Luna, P. C. 4411 N. Central Expressway Dallas, Texas 75205 THE STATE OF TEXAS § § COUNTY OF DALLAS § The foregoing instrument was acknowledged before me on _______________________, 2013, by ____________________, _______________ of the Coppell Independent School District, a political subdivision of the State of Texas, on behalf of the Coppell Independent School District. ____________________________________________ Notary Public, State of Texas Printed Name: _______________________________ My commission expires: _________________________ 1541516 Signature Page to Surface Use Agreement LUMINANT GENERATION COMPANY LLC By: Name: Title: Date: Address for Notice: Luminant Generation Company LLC 1601 Bryan Street, 22nd Floor Dallas, TX 75201 Attention: General Counsel Luminant Generation Company LLC 1601 Bryan Street, EP 22-110C Dallas, TX 75201 Attention: Director - Real Estate Development THE STATE OF TEXAS § § COUNTY OF DALLAS § The foregoing instrument was acknowledged before me on _______________________, 2013, by ____________________, _______________ of Luminant Generation Company LLC, a Texas limited liability company, on behalf of said limited liability company. ____________________________________________ Notary Public, State of Texas Printed Name: _______________________________ My commission expires: _________________________ 1541516 Signature Page to Surface Use Agreement LIMITED JOINDER BY NCA DEVELOPMENT COMPANY LLC NCA DEVELOPMENT COMPANY LLC, a Texas limited liability company (“Joinder Party”), as successor to Chief Exploration & Development LLC under the Oil & Gas Lease, is executing this Surface Use Agreement solely to evidence its agreement to release the Second Amendment, as set forth in Section 7.3(d) herein, and for no other purpose. JOINDER PARTY: NCA DEVELOPMENT COMPANY LLC, a Texas limited liability company By: _________________________________________ Name: _______________________________________ Title: ________________________________________ A-1 EXHIBIT A CONVEYED NORTH LAKE PREMISES All of the parcels described in the following deeds, SAVE AND EXCEPT the Drill-site Tracts described on Exhibit B hereto: 1. Special Warranty Deed and Drainage Easement dated September 8, 2004 and recorded as Volume 2004178 Page 4 in the Real Property Records of Dallas County, Texas 2. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001188 in the Real Property Records of Dallas County, Texas 3. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001190 in the Real Property Records of Dallas County, Texas, as superseded by the Correction Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070084853 in the Real Property Records of Dallas County, Texas 4. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001189 in the Real Property Records of Dallas County, Texas 5. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001191 in the Real Property Records of Dallas County, Texas 6. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001192 in the Real Property Records of Dallas County, Texas 7. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001193 in the Real Property Records of Dallas County, Texas 8. Special Warranty Deed dated December 29, 2006 and recorded as Instrument No. 20070001194 in the Real Property Records of Dallas County, Texas 9. Special Warranty Deed with Easement Reservation and Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370202 in the Real Property Records of Dallas County, Texas 10. Special Warranty Deed with Easement Reservation and Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370203 in the Real Property Records of Dallas County, Texas 11. Special Warranty Deed with Easement Reservation and Restrictive Covenants dated November 21, 2008 and recorded as Instrument No. 20080370204 in the Real Property Records of Dallas County, Texas 12. Special Warranty Deed with Restrictive Covenant dated November 21, 2008 and recorded as Instrument No. 20080370205 in the Real Property Records of Dallas County, Texas 13. Special Warranty Deed dated November 21, 2008 and recorded as Instrument No. 20080370213 in the Real Property Records of Dallas County, Texas A-2 14. Special Warranty Deed dated November 21, 2008 and recorded as Instrument No. 20080370212 in the Real Property Records of Dallas County, Texas 15. Special Warranty Deed dated November 21, 2008 and recorded as Instrument No. 20080370211 in the Real Property Records of Dallas County, Texas 16. Special Warranty Deed dated November 21, 2008 and recorded as Instrument No. 20080370209 in the Real Property Records of Dallas County, Texas 17. Special Warranty Deed dated October 31, 2008 and recorded as 20080320976 in the Real Property Records of Dallas County, Texas as superseded by Correction Special Warranty Deed dated November __, 2008 and recorded as 20080370170 in the Real Property Records of Dallas County, Texas 18. Special Warranty Deed dated November 21, 2008 and recorded as 20080370207 in the Real Property Records of Dallas County, Texas 19. Special Warranty Deed dated November 21, 2008 and recorded as 20080370206 in the Real Property Records of Dallas County, Texas 20. Special Warranty Deed with Reserved Right of First Refusal and Restrictive Covenants dated November 21, 2008 and recorded as 20080370218 in the Real Property Records of Dallas County, Texas 21. Special Warranty Deed with Reserved Right of First Refusal and Restrictive Covenants dated October 28, 2009 and recorded as 200900305881 in the Real Property Records of Dallas County, Texas The parcels described in Exhibit A-1 (Dam Property) and Exhibit A-3 (Pad Site Property) in that certain Special Warranty Deed and Right of First Refusal Agreement with Luminant Generation Company LLC as “Grantor” and the City of Coppell, Texas as “Grantee” dated on or about the date hereof and recorded on or about the date hereof in the Real Property Records of Dallas County, Texas. B-1 EXHIBIT B DRILL-SITE TRACTS B-2 PAD SITE B ATTACHED B-3 FIELD NOTES DESCRIBING A WELL PAD SITE NEAR BELT LINE ROAD, OFFICIAL CITY OF DALLAS BLOCK NO. 8461, IN THE JACOB G. CARLOCK SURVEY, ABSTRACT NUMBER 312, CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a 15.96 acre tract of land situated in the Jacob G. Carlock Survey, Abstract Number 312, and in Official City of Dallas Block number 8461, in the City of Dallas, Dallas County, Texas, and being a part of that tract of land described in Warranty Deed to Dallas Power & Light Company, as recorded in Volume 4414, Page 82, of the Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at 1/2 inch found iron rod with yellow plastic cap stamped "HALFF ASSOC INC." (hereinafter referred to as "with cap") for the northeast corner of said Dallas Power & Light Company tract in Volume 4414, Page 82, said point being on the west line of that tract of land described in deed to Dallas Power & Light Company, as recorded in Volume 4404, Page 321, D.R.D.C.T.; THENCE South 00 degrees 00 minutes 46 seconds West, passing the southeasterly right-of-way line of Belt Line Road (a variable width right-of-way) at a distance of 132.72 feet, continuing in all a total distance of 663.10 feet to a 1/2 inch found iron rod with cap stamped "RPLS 6013 TX" for the POINT OF BEGINNING; THENCE South 00 degrees 00 minutes 00 seconds East, a distance of 846.81 feet to a found "X" cut for corner; THENCE South 90 degrees 00 minutes 00 seconds West, a distance of 755.00 feet to a 1/2 inch found iron rod with cap stamped "RPLS 6013 TX" for corner; THENCE North 00 degrees 00 minutes 00 seconds West, a distance of 226.75 feet to a 1/2 inch set iron rod with cap for corner; THENCE South 90 degrees 00 minutes 00 seconds West, a distance of 284.70 feet to a 1/2 inch set iron rod with cap for corner; THENCE North 00 degrees 00 minutes 00 seconds West, a distance of 369.22 feet to a 1/2 inch set iron rod with cap for corner; THENCE North 72 degrees 51 minutes 50 seconds East, a distance of 297.92 feet to a 1/2 inch found iron rod with cap stamped "RPLS 6013 TX" for corner; THENCE North 77 degrees 48 minutes 48 seconds East, a distance of 772.40 feet to the POINT OF BEGINNING and CONTAINING 695,398 square feet or 15.96 acres of land, more or less. The Basis of Bearing of this Survey is NAD 83 (1993) Texas State Plane North Central Zone 4202 as observed by GPS from "DALLAS CORS ARP", "COLLIN CORS ARP", "ARLINGTON CORS", "DENTON CORS ARP". Convergence angle at "DALLAS CORS ARP" is - 03 degrees 01 minutes 49.9 seconds as computed by Corpscon for Windows Version 6.0. All coordinates shown are surface and may be converted to grid by dividing by the conversion factor of 0.99983043. B-4 B-5 PAD SITE F ATTACHED B-6 B-7 B-8 B-9 C-1-1 EXHIBIT C-1 OIL AND GAS TRANSMISSION EASEMENT AREA ATTACHED C-1-2 C-1-3 C-1-4 C-1-5 C-1-6 C-1-7 C-1-8 C-1-9 C-1-10 C-1-11 C-1-12 C-1-13 C-2-1 EXHIBIT C-2 OIL AND GAS TRANSMISSION EASEMENT AREA ATTACHED C-2-2 C-2-3 C-2-4 C-2-5 C-2-6 C-2-7 C-2-8 C-2-9 C-2-10 C-2-11 C-2-12 C-2-13 C-2-14 C-2-15 D-1 EXHIBIT D LANDSCAPING PLAN ATTACHED D-2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2012-0754 File ID: Type: Status: 2012-0754 Resolution Passed 1Version: Reference: In Control: Administration 09/29/2012File Created: 06/11/2013Final Action: Arosh, LLC - ResolutionFile Name: Title: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Arosh, LLC, and authorizing the Mayor to sign. Notes: Agenda Date: 06/11/2013 Agenda Number: 28. Sponsors: Enactment Date: Resolution Memo.pdf, Resolution.pdf, Tax Abatement Agreement.pdf Attachments: Enactment Number: 2013-0611.1 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Resolution be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2012-0754 Title Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Arosh, LLC, and authorizing the Mayor to sign. Summary Executive Summary: City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 72 on October Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2012-0754) 9, 2012. Arosh, LLC will construct one select service hotel with an attached conference center. The duration of the tax abatement will be10 years, and it will be applied to the real and business personal property for Arosh, LLC. The percentage abated will be as follows: 100% for years 1 and 2, 75% for years 3 through 8 and 50% for years 9 and 10. Fiscal Impact: Staff Recommendation: Staff recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: June 11, 2013 Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Arosh, LLC, and authorizing the Mayor to sign. 2030: Business Prosperity Introduction: Arosh, LLC is proposing to construct a select service hotel with an attached conference center containing 10,000 sq. ft. of space. Reinvestment Zone No. 72 was created by ordinance for Sava Holdings, Ltd. on October 9, 2012. The resolution and tax abatement that coincide with that reinvestment zone will abate the real and business personal property for Arosh, LLC. Analysis: The tax abatement will abate real and business personal property taxes as follows: Years 1 – 2: 100% abated Years 3 – 8: 75% abated Years 9 – 10: 50% abated. This will be Coppell’s first hotel and conference center. The conference center will operate as a civic center for the City. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND AROSH, LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas, and Arosh, LLC, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice 2 that the City of Coppell, Texas, intends to enter into the Agreement. The noti ce given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the Cit y of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2013. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:7-10-12:56312) 3 Exhibit “A” (copy of Tax Abatement Agreement to be attached) Page 1 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City of Coppell, Texas (the “City”), and Arosh, LLC, a Texas limited liability company (the “Owner”) (collectively the “Parties,” or singularly as a “Party”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas (the “City Council”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 72 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code and were adopted within two (2) years of the date hereof; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase land located at the intersection of Divided Drive and Point West Boulevard, Coppell, Texas, being further described in Exhibit “A” (“Land”), and intends to construct or cause to be constructed thereon a select service hotel consisting of a minimum of six (6) stories in height and containing at minimum of one hundred fifty (150) guest rooms (“Select Service Hotel”), with a conference center containing not less than ten thousand (10,000) gross square feet of conference space attached to the Select Service Hotel and serving the Select Service Hotel (“Conference Center”)(collectively, “Select Service Hotel” and “Conference Center”, referred to as the “Improvements”), , as generally depicted on the site plan attached as Exhibit “B”; and WHEREAS, Owner’s development efforts described herein will create permanent new jobs in the City; and Page 2 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), and the contemplated Improvements are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the Improvements are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Approved Franchise” shall mean franchise agreements with Approved Franchisors whereby the Owner is permitted to operate the Improvements as a Select Service Hotel and Conference Center using the name and reservation system of the Approved Franchisor. “Approved Franchisor” shall mean a national or international hotel franchisor, for a specific hotel product, approved by the City; provided, however, that the City shall not unreasonably withhold its consent to a franchisor of a Select Service Hotel and Conference Center, and which is one of the five (5) largest national or ten (10) largest international hotel chains as of such date. The City has approved Intercontinental Hotel Group, Hilton and Sheraton as the initial Approved Franchisor. “Bankruptcy or Insolvency” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within one hundred eighty (180) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within one hundred eighty (180) days after the filing thereof. Page 3 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed. “Casualty” shall mean the Premises is wholly or partially destroyed by fire, tornado, hurricane, earthquake, flood or similar casualty that renders the Premises unfit for the int ended purpose. “City” shall mean the City of Coppell, Texas. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements on the Land pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Completion of Construction” shall mean: (i) substantial completion of the Select Service Hotel and the Conference Center; and (ii) a final certificate of occupancy has been issued for Select Service Hotel and the Conference Center. “Conference Center” shall mean a full service, upscale, conference center containing not less than ten thousand (10,000) gross square feet of conference space, including at least four (4) separate meeting rooms attached to, and serving the Select Service Hotel and operated pursuant to an Approved Franchise. “Effective Date” shall mean the last date of execution of this Agreement, unless the context indicates otherwise. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the first anniversary date of Completion of Construction of the Improvements, unless the Owner elects to delay the First Year of Abatement until January 1 of the calendar year following the second anniversary date of the Completion of Construction of the Improvements by delivery of written notice of such election to the both the City and the Dallas Central Appraisal District on or before January 1 of the calendar year immediately following the first anniversary date of Completion of Construction of the Improvements.. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253. Page 4 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) “Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253. “Improvements” shall mean collectively, the Select Service Hotel and attached Conference Center. “Land” means the real property described in Exhibit “A”. “Owner” shall mean Arosh, LLC, a Texas limited liability company. “Premises” shall mean collectively, the Land and Improvements following construction thereof. “Required Use” shall mean the operation of the Select Service Hotel and Conference Center and related amenities open to the public and serving the adjacent business community and the citizens of the City, under and in accordance with the standards of an Approved Franchise. “Related Agreement” shall mean that certain Civic Center Agreement by and between the Parties dated approximate date herewith, and any other agreement by and between the City and the Owner, its parent company, and any affiliated or related entity owned or controlled by the Owner or its parent company. “Select Service Hotel” shall mean the construction of a first class select service hotel consisting of a minimum of six (6) stories in height and containing at least a minimum of one hundred fifty (150) guest rooms, and restaurant facilities at which food and beverages are prepared on site for at least two (2) meals per day (including breakfast) operated pursuant to an Approved Franchise on the Land (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit). “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures, other than inventory or supplies owned or leased by the Owner and located at the Improvements subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 Owner is the owner of the Land, or is under contract to purchase the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct the Select Service Hotel and attached Conference Center on the Land. 2.2 The Premises are not in an improvement project financed by tax increment bonds. Page 5 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. 2.5 Owner shall, before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article III Tax Abatement Authorized 3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value of the Improvements, excluding the Land, is at least $5.5 Million as of the First Year of Abatement and as of January 1 of each calendar year thereafter for a total period of ten (10) consecutive years, the City hereby grants Owner an abatement of the Taxable Value of the Select Service Hotel and Conference Center (excluding the Land), and an abatement of the Taxable Value of the Tangible Personal Property located therein for a period of ten (10) consecutive years beginning with the First Year of Abatement in accordance with the schedule set forth below. The actual percentage of Taxable Value of the Select Service Hotel and Conference Center subject to abatement will apply only to the portion of the Taxable Value of the Select Service Hotel and Conference Center that exceeds the Base Year Taxable Value. The actual percentage of Taxable Value of the Tangible Personal Property located within the Select Service Hotel and Conference Center subject to abatement will apply only to Tangible Personal Property added to the Select Service Hotel and Conference Center after this Agreement is executed. Year Percentage of Abatement 1 100% 2 100% 3 75% 4 75% 5 75% 6 75% 7 75% 8 75% Page 6 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) 9 50% 10 50% 3.3 The tax abatement herein authorized shall be for a period of ten (10) consecutive years. 3.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land. 3.5 During the term of this Agreement beginning on the date of Completion of Construction of the Improvements and continuing thereafter until the expiration of the term, or earlier termination, the Premises shall not be used for any purpose other than the Required Use and the Owner shall not allow the operation of the Premises in conformance with the Required Use to cease for more than thirty (30) days, except in connection with and to the extent of an event of Force Majeure. 3.6 The term of this Agreement shall begin on the Effective Date and shall continue until March 1 of the calendar year following the eleventh (11th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. Article IV Improvements 4.1 Owner owns or is under contract to purchase the Land and intends to construct or cause to be constructed thereon the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement pursuant to this Agreement. 4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to this Agreement for the Select Service Hotel and Conference Center and the Tangible Personal Property located therein, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Select Service Hotel and Conference Center to occur within eighteen (18) months after the Effective Date and subject to events of Force Majeure to cause Completion of Construction of the Select Service Hotel and Conference Center to occur within forty-eight (48) months after the Effective Date, as good and valuable consideration for this Agreement, and that all construction of the Select Service Hotel and Conference Center will be in accordance with all applicable state and local laws, codes, and regulations (or valid waiver thereof). 4.3 Construction plans for the Select Service Hotel and Conference Center constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 4.4 Owner agrees to maintain the Select Service Hotel and Conference Center during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Page 7 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) 4.5 The City, its agents and employees shall have the right of access to the Premises during construction and following construction to inspect the Select Service Hotel and Conference Center at reasonable times and with reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner, in order to insure that the construction and operation of the Select Service Hotel and Conference is in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). Article V Default: Recapture of Tax Revenue 5.1 In the event Owner: (i) fails to cause Commencement and/or Completion of Construction of the Select Service Hotel and Conference Center in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (i) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has an event of Bankruptcy or Insolvency; or (iv) breaches any of the terms and conditions of this Agreement, or a Related Agreement, then Owner, after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement for the property (the Select Service Hotel, Conference Center and Tangible Personal Property located therein) the subject of this Agreement at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The Parties further agree that any abated tax, including interest, as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Premises, and shall become due, owing and shall be paid to the City within thirty (30) days after notice of termination. 5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall notify Owner in writing, which shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. 5.3 If the Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City, at its sole option, shall have the right to terminate this Agreement by providing written notice to the Owner. 5.4 Upon termination of this Agreement by City for reasons of default by Owner, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has Page 8 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Select Service Hotel and Conference Center and Tangible Personal Property without tax abatement for the years in which tax abatement hereunder was received by the Owner, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor - Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. Article VI Annual Application for Tax Exemption It shall be the responsibility of the Owner, pursuant to the Tax Code, to file an annual exemption application form for the Select Service Hotel and Conference Center and the Tangible Personal Property with the Chief Appraiser for each Appraisal District, or successor, in which the eligible taxable property has situs. A copy of the respective exemption application shall be submitted to the City upon request. Article VII Annual Rendition The Owner shall annually render the value of the Select Service Hotel and Conference Center and the Tangible Personal Property to the applicable Appraisal District, or successor, and shall provide a copy of the same to the City upon written request. Article VIII Miscellaneous 8.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. 8.2 Limitation on Liability. It is understood and agreed between the Parties that the Owner and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Owner agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third Party arising out of the Company’s performance of the conditions under this Agreement. 8.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the Parties. 8.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified Page 9 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 If intended for Owner, to: Attn: Suhas Naik Arosh, LLC 2311 Texas Drive, Suite 105 Irving, Texas 75062 With a copy to: Leonard I. Margolis 1518 Legacy Drive, Suite 270 Frisco, Texas 75034 8.5 Authorization. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. 8.6 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 8.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 8.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.9 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 8.10 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. Page 10 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) 8.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.12 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 8.13 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.14 Assignment. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Owner without the prior written consent of City’s City Manager, which consent shall not be unreasonably withheld, conditioned or delayed. 8.15 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Owner, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 8.16 Employment of Undocumented Workers. During the term of this Agreement, the Owner agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner shall repay the taxes abated herein, and any other funds received by the Owner from the City as of the date of such violation within 120 days after the date the Owner is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. 8.17 Approval of Parties. Whenever this Agreement requires or permits the approval or consent to be given by a Party, the Parties agree that such approval or consent shall not be unreasonably withheld, conditioned or delayed. (Signature page to follow) Page 11 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) EXECUTED in duplicate originals the ____ day of _______________, 2013. CITY OF COPPELL, TEXAS By: ______________________________________ Karen Selbo Hunt, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2013. AROSH, LLC By: Suhas Naik, Manager Page 12 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) Exhibit “A” (Legal Description of the Land) Lot 2R, Block C of the Duke Lesley Addition (5.005 acres). PGS DRAFT 5-17-13 Page 13 Tax Abatement Agreement Select Service Hotel and Conference Center City of Coppell and Arosh, LLC (TM 56301) Exhibit “B’ (Site Plan for Select service Hotel and Conference Center – to be attached) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2012-0755 File ID: Type: Status: 2012-0755 Agenda Item Passed 1Version: Reference: In Control: Administration 10/01/2012File Created: 06/11/2013Final Action: Arosh, LLC - Civic Center AgreementFile Name: Title: Consider approval of an Civic Center Agreement by and between the City of Coppell and Arosh, LLC, and authorizing the City Manager to sign. Notes: Agenda Date: 06/11/2013 Agenda Number: 29. Sponsors: Enactment Date: Civic Center Agreement Memo.pdf, Civic Center Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2012-0755 Title Consider approval of an Civic Center Agreement by and between the City of Coppell and Arosh, LLC, and authorizing the City Manager to sign. Summary Executive Summary: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2012-0755) Arosh, LLC is looking to construct a minimum of one select service hotel with an attached conference center containing 10,000 sq. ft. of space. This will be Coppell’s first hotel and conference center. The Civic Center Agreement grants an expenditure of the Hotel/Motel Occupancy Tax for a period of 10 years. This expenditure is payment to Arosh, LLC for the lease, operation and management of the conference center, which will operate as a civic center and is authorized by Chapter 351 of the Tax Code. The percentage expended is as follows: 100% for years 1 and 2, 75% for year 3, 60% for years 4 through 6, 50% for years 7 and 8, and 25% for years 9 and 10. Fiscal Impact: Staff Recommendation: Staff recommends approval. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: June 11, 2013 Reference: Consider approval of Civic Center Agreement by and between the City of Coppell and Arosh, LLC, and authorizing the City Manager to sign. 2030: Business Prosperity Introduction: Arosh, LLC is proposing to construct a minimum of one select service hotel with an attached conference center containing 10,000 sq. ft. of space. The conference center will operate as a civic center. This development will be located south of Dividend Road and west of Belt Line Road. The Civic Center Agreement is the companion piece to the Tax Abatement Agreement in the proposed incentive package to Arosh, LLC. The City intends to lease the conference center from Arosh, LLC. As a lessee of the conference center, the City will contract with Arosh, LLC to manage and operate the conference center for the City. Analysis: As authorized by Chapter 351 of the Tax Code, the City will expend hotel/motel occupancy tax revenue as payment to Arosh, LLC for the lease, operation and management of the conference center. This Civic Center Agreement outlines the expenditure of hotel/motel occupancy tax revenue as follows: 100% for years 1 and 2, 75% for year 3, 60% for years 4 through 6, 50% for years 7 and 8, and 25% for years 9 and 10. Legal Review: Agenda item did not require legal review. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. Page 1 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) STATE OF TEXAS § § COUNTY OF DALLAS § CIVIC CENTER AGREEMENT This Civic Center Development Agreement (“Agreement”) is made by and among the City of Coppell, Texas (“City”), and Arosh, LLC a Texas limited liability company (the “Company”) (collectively the “Parties,” or singularly as a “Party”), acting by and through their respective authorized officers and representatives. WITNESSETH: WHEREAS, Chapter 351, Tax Code authorizes the City to expend hotel/motel occupancy tax revenue for the acquisition, lease, construction, improvement, enlarging, maintenance, equipping and operation of a convention center facility which includes civic centers, auditoriums, parking areas and auditoriums, owned or managed by the City; and WHEREAS, a civic center located in a hotel and conference center located in the City, will enhance and promote tourism and the hotel and convention industry and will attract visitors from outside the City into the City or its vicinity; and WHEREAS, Company owns or is under contract to purchase approximately 5 acres of land located at the intersection of Dividend Drive and Point West Boulevard, Coppell, Texas, being further described in Exhibit “A” (“Land”); and WHEREAS, Company intends to construct or cause to be constructed on the Land a select service hotel consisting of a minimum of six (6) stories in height and containing a minimum one hundred fifty (150) guest rooms (“Select Service Hotel”), with a conference center containing not less than ten thousand (10,000) gross square feet of conference space attached to the Select Service Hotel and serving the Select Service Hotel (“Conference Center”) collectively, “Select Service Hotel” and “Conference Center”, referred to as the “Improvements”), , as generally depicted on the site plan attached as Exhibit “B”; and WHEREAS, Company intends to allow the City to use the Conference Center as a municipal civic center (the “Civic Center”); and WHEREAS, City intends, as lessee of the Conference Center, to contract with the Company to manage and operate the Civic Center for the City; and WHEREAS, City has found and determined that the expenditure of hotel/motel occupancy tax revenue for the lease, operation, and management of the Conference Center, as a civic center, is authorized by Chapter 351, Tax Code, and will benefit the City; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Page 2 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) Article I Findings and Determinations The City Council hereby finds and determines that: (i) City is authorized to enter into this Agreement; (ii) Chapter 351, Tax Code authorizes the expenditure of City hotel/motel occupancy tax revenue for the lease, operation and management of the Conference Center; (iii) the use and management of the Conference Center as a municipal civic center is authorized by Chapter 351, Tax Code and will enhance and promote tourism and the hotel and convention industry and will attract visitors from outside the City into the City or its vicinity; and (iv) the City is authorized to contract for the management of the Conference Center for use as a civic center. Article II Term The term of this Agreement (“Term”) shall commence on the Effective Date and shall continue until the Expiration Date, unless sooner terminated. Article III Definitions Wherever used in this Agreement, the following terms shall have the meaning ascribed to them unless the context clearly indicates otherwise: “Approved Franchise” shall mean franchise agreements with Approved Franchisors whereby the Company is permitted to operate the Improvements as a Select Service Hotel and Conference Center using the name and reservation system of the Approved Franchisor. “Approved Franchisor” shall mean national or international hotel franchisors, for a specific hotel product, approved by the City; provided, however, that the City shall not unreasonably withhold its consent to a franchisor of a Select Service Hotel and Conference Center, and which is one of the five (5) largest national or ten (10) largest international hotel chains as of such date. The City has or shall approved Intercontinental Hotel Group, Hilton and Sheraton as the initial Approved Franchisors. “Bankruptcy or Insolvency” shall mean the dissolution or termination (other than a dissolution or termination by reason of a Party merging with an affiliate) of a Party’s existence as a going business, insolvency, appointment of receiver for any part of a Party’s property and such appointment is not terminated within one hundred eighty (180) business days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against a Party and in the event such proceeding is not voluntarily commenced by the Party, such proceeding is not dismissed within one hundred eighty (180) business days after the filing thereof. “Casualty” shall mean the Improvements are wholly or partially destroyed by fire, earthquake, flood or similar casualty that renders the Improvements unfit for the intended purpose. Page 3 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) “City” shall mean the City of Coppell, Texas. “Commencement Date” shall mean the date that is six (6) months following the date a final certificate of occupancy has been issued by the City for Company’s occupancy of both the Select Service Hotel and attached Conference Center. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof and permits with respect thereto required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements on the Land, pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) grading of the Land or the construction of the vertical elements of the Improvements has commenced. “Company” shall mean Arosh, LLC, a Texas limited liability company. “Completion of Construction” shall mean: (i) substantial completion of both the Select Service Hotel and Conference Center; and (ii) a final certificate of occupancy has been issued for occupancy of both the Select Service Hotel and Conference Center by the Company. “Conference Center” shall mean a full service, upscale, conference center containing not less than ten thousand (10,000) gross square feet of conference space, including at least four (4) separate meeting rooms. “Effective Date” shall mean the last date of execution of this Agreement. “Expiration Date” shall mean the tenth (10th) anniversary date of the Commencement Date. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Hotel Occupancy Tax” shall mean the City’s receipt of tax imposed by the City pursuant to Chapter 351, Tax Code, as amended, on a person who, under a lease, concession, permit, right of access, license, contract or agreement pays for the use or possession or possession of a room in the Select Service Hotel if Commencement of Construction and Completion of Construction has timely occurred) for the calendar quarter immediately preceding each Rent payment date. “Hotel Tax Report” shall have the same meaning assigned by Tax Code, Chapter 156.151, or if such report is not available then a written certificate or statement authenticated by an appropriate management official of the Company that contains the amount of Hotel Occupancy Tax collected by the Company and paid to the City and to the State Comptroller, or its successor, for the preceding calendar quarter. Page 4 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Improvements, the then owner or operator of the Improvements, the Company or any property or any business owned by Company within the City. “Improvements” shall mean collectively, the Select Service Hotel and attached Conference Center. “Land” means the real property described in Exhibit “A”. “Lease Term” means the period beginning on the Commencement Date and ending on the Expiration Date. “Premises” shall mean the Land and the Improvements following construction thereof. “Rent” shall mean for years 1 and 2 of the Lease Term an amount equal to one hundred percent (100%) of the maximum amount allowed by law of the Hotel Occupancy Tax. For year 3 of the Lease Term, an amount equal to seventy-five percent (75%) of the maximum amount allowed by law of the Hotel Occupancy Tax. For years 4 through 6 of the Lease Term, an amount equal to sixty percent (60%) of the maximum amount allowed by law of the Hotel Occupancy Tax. For years 7 and 8 of the Lease Term, an amount equal to fifty percent (50%) of the maximum amount allowed by law of the Hotel Occupancy Tax. For year 9 and 10 of the Lease Term, Rent shall mean an amount equal to twenty-five percent (25%) of the maximum amount allowed by law of the Hotel Occupancy Tax. “Required Use” shall mean the operation of a Select Service Hotel and attached Conference Center, and related amenities, open to the public and serving the adjacent business community and the citizens of the City, under and in accordance with the standards of an Approved Franchise. “Select Service Hotel” shall mean the construction of a first class select service hotel consisting of at least six (6) stories in height and containing at least a minimum of one hundred (150) guest rooms, and restaurant facilities at which food and beverages are prepared on site for at least two (2) meals per day (including breakfast), operated pursuant to an Approved Franchise on the Land (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Company with the City from time to time in order to obtain a building permit). “Select Service Hotel Tax Abatement Agreement” shall mean that certain tax abatement agreement by and between the City and Company dated of approximate date herewith. “Term” shall mean the initial term as set forth herein and any renewal thereof. Page 5 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) Article IV Select Service Hotel, Extended Stay Hotel and Conference Center 4.1 Select Service Hotel and Conference Center Construction. Company intends but is not obligated to, cause Commencement or Completion of Construction of the Select Service Hotel and Conference Center however Commencement of Construction of the Select Service Hotel and Conference Center to occur within eighteen (18) months after the Effective Date, and to cause Completion of Construction of Select Service Hotel and Conference Center to occur within forty-eight months after the Effective Date, are conditions precedent to this Agreement. 4.2 Required Use. During the term of this Agreement beginning on the Commencement Date, and continuing thereafter until the Expiration Date, or earlier termination, the Premises shall not be used for any purpose other than the Required Use and that the Company shall not allow the operation of the Premises in conformance with the Required Use to cease for more than thirty (30) d ays except in connection with and to the extent of an event of Force Majeure. 4.3 Inspection/Access. The City, its agents and employees, shall have the right of reasonable access to the Premises during construction to inspect the Improvements at reasonable times during normal business hours and with reasonable notice to the Company, and in accordance with their visitor access and security policies, in order to insure that the construction is in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). 4.4 Hotel Tax Report. The Company shall provide the City with the Hotel Report within thirty (30) days after the end of each calendar quarter beginning with the 30th day after the end of the first calendar quarter immediately following the Commencement Date and continuing during thereafter during the term of this Agreement. 4.5 Hotel Tax Records. The Company shall keep and maintain accurate records of the Hotel Occupancy Tax collected by the Company and paid to the City, and to the State Comptroller, or successor agency, during the term of this Agreement that is paid by the occupant of each sleeping room in the Improvements. Such records shall include, but not be limited to, at a minimum, guest folios, tax exemption certificates, and any original documents such as posting ledgers and rate and stay adjustment reports. These records may be retained in any retrievable format, including but not limited to micro form; shall be maintained for a period of not less than five (5) years; and shall be available for inspection upon request by any employee, agent, officer or representative of the City at all reasonable times. Any adjustments or allowances made or granted shall be reported to the City on a form prescribed by the City. Article V Civic Center 5.1 Lease. In consideration of the covenants, agreements and conditions set forth herein the Company does hereby lease, let, demise and rent, for the Lease Term and City does Page 6 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) hereby rent and lease from the Company, the portions of the Conference Center set forth herein for purposes of a municipal civic center. 5.2 Rent. Subject to the continued satisfaction of the terms and conditions of this Agreement by the Company and provided the Company has caused Commencement of Construction of the Select Service Hotel and attached Conference Center to occur within eighteen (18) months after the Effective Date, and has caused Completion of Construction of Select Service Hotel and Conference Center to occur within forty-eight months after the Effective Date, the City shall during the Lease Term pay to the Company or to such person or entity as the Company shall designate in writing, Rent, for the use and occupancy of the Conference Center, and as consideration for the Company’s management of the Conference Center for the City. Any payment made by the City hereunder is limited to the extent of the lawfully available funds from the City’s receipts from the collection of the Hotel Occupancy Tax revenue imposed pursuant to Chapter 351, Tax Code attributable to the occupancy of sleeping rooms at the Select Service Hotel and, if applicable, the Extended Stay Hotel. 5.3 Rent Payment. Subject to the provisions of Section 5.2, and the continued satisfaction of the terms and conditions of this Agreement by the Company and provided the Company has caused Commencement of Construction of the Select Service Hotel and attached Conference Center to occur within eighteen (18) months after the Effective Date, and has caused Completion of Construction of Select Service Hotel and Conference Center to occur within forty-eight months after the Effective Date, the City shall pay the Rent in quarterly installments within sixty (60) days after the end of each calendar quarter (with the cal endar quarters ending March 31, June 30, September 30 and December 31 respectively), beginning on the 60th day after the end of the first calendar quarter immediately following the Commencement Date. As a condition to the payment of Rent, the City shall have received the Hotel Tax Report for the respective calendar quarter; and shall have received Hotel Occupancy Tax for such period. If the Company fails to submit the Hotel Report for any calendar quarter within one (1) year after the end of the applicable calendar quarter the Company shall forfeit payment of Rent by the City for such calendar quarter period. The City shall not be required to pay any Rent for any calendar quarter during the term of this Agreement for so long as the City has not received Hotel Occupancy Tax in full for such period, or if the Company is in breach or default of this Agreement, or in the event of a breach or default of the Select Service Hotel Tax Abatement Agreement. 5.4 Conditions of Use. (a) The Company shall have exclusive use of the Conference Center except the City may use the Conference Center for the purpose of a municipal civic center as follows: City shall be entitled to use of the main ballroom four (4) days per year upon sixty (60) days prior written notice, and at additional times when available and to the use of the other meeting rooms four (4) days per year and at additional times when available. All other use of the main ballroom and the meeting rooms shall be at times mutually approved by the Company and the City. The City’s use of the Conference Center, shall, with the exception of Rent and the cost of food and beverage, set up charges, cleaning charges or other agreed services provided by the Company, if any, be cost free. Uses must conform with the Approved Franchise uses, except that the City is not required to use the food and beverage services of the Select Service Hotel and Conference center during the permitted periods of City use; and the City may bring (or cause to Page 7 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) be brought) food and beverages on the premises of the Conference Center during permitted periods of City use. (b) The Company shall equip and furnish the Conference Center in such manner that it is readily useable by the City as a municipal civic center for the booking of business conventions, meetings, and similar activities. The Company shall keep and maintain the Conference Center in a good state of appearance and repair (except for reasonable wear and tear) at the Company’s own expense. City shall be responsible for, and pay for any damages to, the Conference Center, or promptly repair any such damages that occur during the City’s use of the Conference Center. (c) If the Select Service Hotel and/or Conference Center are damaged or destroyed by Casualty, regardless of the extent of the damage or destruction, the Company must, subject to the availability of adequate insurance proceeds, within one hundred eighty (180) days from the date of such Casualty commence to repair, reconstruct or replace the damaged or destroyed Select Service Hotel and/or Conference Center, as applicable and pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the Select Service Hotel and/or Conference Center to substantially the condition it was in before the Casualty. In the event, the Company fails to timely repair, restore or reconstruct the Select Service Hotel and/or Conference Center and complete the same, this Agreement and the City’s obligation to pay any Rent shall terminate. The City shall not be obligated to pay Rent during any period for the repair, restoration or reconstruction of the Select Service Hotel and/or Conference Center. (d) If the Select Service Hotel and/or Conference Center or any portion of one or more of them are taken for public or quasi public purposes by condemnation as a result of any action or proceeding in eminent domain, or transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, this Agreement and the City’s obligation to pay any Rent shall terminate. 5.5 Management Duties. The Company shall maintain, manage and operate the Civic Center on behalf of the City. The Company will cause the Civic Center to be operated and maintained according to this Agreement. The Company agrees to provide management services at least equal to those provided for comparable facilities in the DFW Metroplex. Article VI Termination; Repayment 6.1 Termination. This Agreement terminates upon any one or more of the following: (a) by mutual written agreement of all of the Parties; (b) on Expiration Date; (c) by the City if Company defaults or breaches any of the terms or conditions of this Agreement, or in the event of a breach or default of the Select Service Hotel Tax Abatement Agreement, and such default or breach is not cured within thirty (30) days after written notice thereof; Page 8 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) (d) by Company if the City defaults or breaches any of the terms or conditions of this Agreement, and such default or breach is not cured within thirty (30) days after written notice thereof; (e) by the City, if any Impositions owed to the City or the State of Texas by Company shall have become delinquent (provided, however, Company retains the right to timely and properly protest and contest any such taxes or Impositions); (f) by the City, if Company suffers an event of Bankruptcy or Insolvency; and (g) by either Party if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 6.2 In the event this Agreement is terminated by the City pursuant to Section 6.1 (c), (e), (f), or (g), the City shall be relieved of any further obligation to pay any Rent to the Company. Article VII Miscellaneous 7.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the Parties hereto. 7.2 Limitation on Liability. It is understood and agreed between the Parties that the Company and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. 7.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture between the Parties. 7.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered: If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Page 9 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) If intended for Company: Attn: Suhas Naik Arosh, LLC 2311 Texas Drive, Suite 105 Irving, Texas 75062 With a copy to: Leonard I. Margolis 1518 Legacy, Suite 270 Frisco, Texas 75034 7.5 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 7.6 Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the Parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 7.7 Governing Law. This Agreement shall be governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 7.8 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. 7.9 Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties to be attached to and made a part of this Agreement. 7.10 Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 7.11 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 7.12 Amendment. This Agreement may only be amended by the mutual written agreement of the Parties. 7.13 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. Page 10 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) 7.14 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Company without the prior written consent of the City Manager, which consent shall not be unreasonably withheld, conditioned or delayed. 7.15 Right of Offset. The City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. 7.16 Employment of Undocumented Workers. During the term of this Agreement, the Company agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the taxes abated herein, and any other funds received by the Company from the City as of the date of such violation within 120 days after the date the Company is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. 7.17 Approval of Parties. Whenever this Agreement requires or permits the approval or consent to be given by a Party, the Parties agree that such approval or consent shall not be unreasonably withheld, conditioned or delayed. 7.18 Annual Audit. The City shall have the right to audit the books and records of the Company and any operator of the Select Service Hotel and attached Conference Center and the Extended Stay Hotel. The Company agrees to pay the cost of an annual audit of the Hotel Tax Records to be performed by an independent party selected by the City not to exceed the sum of Eighteen Hundred Dollars and No/100 ($1800.00) each year. (Signature page to follow) Page 11 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) EXECUTED on this _______ day of _____________________, 2013. CITY OF COPPELL, TEXAS By: Clay Phillips, City Manager ATTEST: By: Christel Pettinos, City Secretary Approved as to Form: By: City Attorney EXECUTED on this _______ day of _____________________, 2013. AROSH, LLC A TEXAS LIMITED LIABILITY COMPANY. By: Suhas Naik, Manager Page 12 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) Exhibit “A” (Legal Description of the Land) Lot 2R, Block C of the Duke Lesley Addition (5.005 acres). Page 13 Civic Center Development Agreement City of Coppell and Arosh, LLC (TM 56330)) Exhibit “B” (Site Plan of the Select Service Hotel and Conference Center – to be attached) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1123 File ID: Type: Status: 2013-1123 Resolution Passed 1Version: Reference: In Control: Police 06/03/2013File Created: 06/11/2013Final Action: P25 Trunked Radio Systems 2013File Name: Title: Consider approval of a Resolution approving the terms and conditions of the Interlocal Government Agreement between The Town of Addison, The City of Carrollton, The City of Farmers Branch and The City of Coppell to participate in the Metrocrest Quad Cities Public Safety Radio System, authorizing the Mayor to sign; and, to authorize the City Manager to fund $3,186,366, plus a ten percent (10%) contingency to purchase the P25 Trunked Radio System, installation and related accessories for the Metrocrest Quad Cities Public Safety Radio System; and authorizing the City Manager to execute any and all appropriate purchase order(s), change order(s) and/or related documents. Notes: Agenda Date: 06/11/2013 Agenda Number: 30. Sponsors: Enactment Date: Cover Memo.pdf, Interlocal Agreement.pdf, Resolution.pdf Attachments: Enactment Number: 2013-0611.2 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Presentation: Mac Tristan, Police Chief, made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Resolution be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1123 Title Consider approval of a Resolution approving the terms and conditions of the Interlocal Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1123) Agreement between The Town of Addison, The City of Carrollton, The City of Farmers Branch and The City of Coppell to participate in the Metrocrest Quad Cities Public Safety Radio System, authorizing the Mayor to sign; and, to authorize the City Manager to fund $3,186,366, plus a ten percent (10%) contingency to purchase the P25 Trunked Radio System, installation and related accessories for the Metrocrest Quad Cities Public Safety Radio System; and authorizing the City Manager to execute any and all appropriate purchase order(s), change order(s) and/or related documents. Summary Fiscal Impact: Funds are available in designated fund balance for this Interlocal Agreement and the radio project. Staff Recommendation: Approval Recommended Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Mac Tristan, Chief of Police Date: June 11, 2012 Reference: Interlocal Agreement between City of Coppell and Farmers Branch for the Purchase of a Public Safety Radio System and Equipment 2030: Coppell 2030, Healthy Neighborhoods Introduction: The Metrocrest cites of Addison, Carrollton and Farmers Branch share an 800MHz trunked analog simulcast two-way radio system for Public Safety. The City of Coppell is currently served by a similar system operated by the City of Lewisville. The system equipment manufacturer, Motorola, has announced the end of lifecycle for manufacturing equipment for the existing system in 2011, with support ending in 2018 as radio technology migrates from analog to digital. The four Metrocrest cities have shared costs to engage RCC Consultants, Inc. to evaluate and provide options and recommendations for Public Safety radio communication services. Their final report was provided in September of 2011 with a recommendation to replace the existing system with a new digital radio system that complies with a newly established nationally-recognized standard commonly referred to as a P25 system. Analysis: The four cities engaged RCC to assist with an RFP process for a P25 radio system, including vendor selection and contractor negotiations. The City of Farmers Branch handled the RFP process. Based on the RFP process and stated evaluation criteria, Harris Corporation was selected to engage in contract negotiations to determine final system design and services with pricing. Fiscal Impact: The final pricing from Harris for a complete turnkey purchase and installation of a six radio antenna site P25 system with four separate 911 dispatch centers, including a point-to-point redundant microwave communication system with new mobile and portable radios is $12,746,464.00. The cost for the City of Coppell for this system is not expected to exceed $3,186,616.00. The final cost should be lower for Coppell as the entire cost of the system will not be split equally among the four cities due to various needs by the other cities that Coppell does not have. In preparation for this purchase, the City has budgeted the necessary funds over the last two fiscal years. 2 Legal Review: Agenda item was reviewed by Robert Hager on June 4, 2013. Recommendation: The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in Maintaining Healthy and Safe Neighborhoods. As such, staff recommends City Council approval to enter into an Interlocal Agreement (ILA) between the City of Coppell and the City of Farmers Branch. The ILA is related to the purchase of P25-compliant radio equipment from Harris Corporation, with Farmers Branch acting as the purchasing entity for their city as well as Coppell, Addison, and Carrollton at an amount not expected to exceed $$3,186,616.00 and authorizing the City Manager to sign. PAGE 1 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT This METROCREST QUAD CITIES RADIO SYSTEM INTERLOCAL AGREEMENT (“Agreement”) is entered into as of the Effective Date by and among the TOWN OF ADDISON, TEXAS, (“Addison”), the CITY OF CARROLLTON, TEXAS (“Carrollton”), the CITY OF COPPELL, TEXAS (“Coppell”) and the CITY OF FARMERS BRANCH, TEXAS, (“Farmers Branch”), all of whom are Texas home rule municipalities operating under the authority of their respective governing bodies (Addison, Carrollton, Coppell, and Farmers Branch, are hereinafter sometimes referred to collectively as “the Cities” or the “Parties” or individually as a “City” or a “Party”). RECITALS WHEREAS, the Cities are political subdivisions within the State of Texas engaged in the provision of governmental services for the benefit of its citizens; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the “Act”) provides authority for local governments of the State of Texas to enter into interlocal agreements with each other for the purpose of performing governmental functions and services as set forth in the Act; and WHEREAS, since 2001, Addison, Carrollton, and Farmers Branch have been parties to an agreement wherein Addison and Farmers Branch have paid Carrollton an annual fee in exchange for use of a portion of Carrollton’s trunked radio system for public safety communications; and WHEREAS, in order to increase the functional radio system coverage area for use by the Cities and their respective users (which radio system coverage is essential and a necessary component of providing certain vital governmental services by each City, including, without limitation, police, fire, emergency medical, and public works protection provided by each City for its citizens), the Cities retained the services of RCC Consultants, Inc. (“RCC”) to study and make a recommendation with respect to such coverage (“the RCC Study”); and WHEREAS, based on the findings and recommendations contained in the RCC Study, the Cities desire to implement a wide area, multi-site (“simulcast”) digital trunked simulcast radio system compliant with P-25 interoperability standards; and WHEREAS, the Cities desire to enter this Agreement for the purpose of establishing the agreement of the Cities regarding the purchase, installation, maintenance, operation, management, and use of the System. NOW, THEREFORE, for and in consideration of the mutual benefits and obligations set forth in this Agreement, the Cities agree as follows: PAGE 2 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) I. DEFINITIONS Unless the context clearly indicates a different meaning, the words and phrases set forth in this Article I shall have the following meanings when used in this Agreement: “Acceptance Date” shall have the same meaning as set forth in the SPA. “Business Day” means any day other than a Saturday, Sunday, or official city holiday in which Farmers Branch’s city hall offices are closed for business. “FCC” means the Federal Communications Commission. “FCC Licenses” means the radio communications licenses granted by the FCC to Carrollton and Coppell, respectively, listed in Exhibit _B. “Effective Date” means the date this Agreement has been approved by the governing bodies of all of the Cities and signed by the authorized representatives of each City. “Harris” means Harris Corporation, a Delaware corporation, as defined in the SPA. “Non-Shared Components” means the equipment, materials, hardware, firmware, structures, and other items comprising a portion of the System described in Exhibit A which are purchased by each of the respective Cities. “Non-Shared Costs” means the expenses identified in Exhibit A as costs to be incurred by the respective Cities relating to Non-Shared Components purchased by the respective Cities and certain Shared Components as identified in Exhibit A. “RFP” means collectively (i) that certain Request for Proposal dated August 10, 2012 and titled P25 Trunked Radio System RFP No. 12-12: Metrocrest Quad Cities (MQC), (ii) that certain Request for Competitive Sealed Proposals for P25 Trunked Radio System - Addendum 1 published and distributed by Farmers Branch on or about September 27, 2012, and (iii) that certain Request for Competitive Sealed Proposals for P25 Trunked Radio System - Addendum 2 published and distributed by Farmers Branch on or about October 25, 2012, advertised by Farmers Branch for the purpose of seeking proposals from qualified vendors relating to the purchase, installation, and maintenance of a public safety radio communications system and related services as described therein. “Shared Components” means the equipment, materials, hardware, firmware, structures, and other items comprising a portion of the System described in Exhibit A. “Shared Costs” means those costs relating to purchase, installation, operation, repair, and/or maintenance of the Shared Components and Non-Shared Components of the System including, but not limited to, all amounts to be paid pursuant to the SMA relating to repair and maintenance of the Shared Components and Non-Shared Components of the System identified in Exhibit _A. Shared Costs shall also include out of pocket costs incurred by Farmers Branch PAGE 3 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) prior to the Effective Date of the SPA relating to the preparation and advertising of the RFP, and costs related to negotiating and preparing the SPA, including reasonable legal fees incurred by Farmers Branch on behalf of all of the Cities. “System” means a wide area, multi-site (“simulcast”) digital trunked radio system compliant with P-25 interoperability standards as more expressly defined in the SPA and shall include the Shared Components and Non-Shared Components. “System Maintenance Agreement” or “SMA” means the System Maintenance Agreement between Harris (as Seller) and Farmers Branch (as Customer) set forth in Exhibit D to the SPA. “System Purchase Agreement” or “SPA” means that certain System Purchase Agreement dated June ___, 2013, between Farmers Branch (as Buyer) and Harris (as Seller) relating to the purchase, installation, maintenance, and operation of the System. “Term” means, collectively, the Initial Term as defined in Section 2.01, together with each Renewal Term, as defined in Section 2.02. “User Equipment” means handheld radios and radios installed at fixed locations or in the Cities’ motor vehicles designed to be compatible for use with the System. II. TERM 2.01 Initial Term. This Agreement shall commence on the Effective Date and end at 11:59:59 p.m. Central Time on the day prior to the fifth (5th) anniversary of the Acceptance Date (“the Initial Term”), unless extended or terminated earlier as provided in this Agreement. 2.02 Renewal Term. This Agreement shall be extended automatically for additional periods of one (1) year each (“Renewal Term”), the first Renewal Term commencing on the fifth (5th) anniversary of the Acceptance Date, with each Renewal Term commencing on each subsequent anniversary of the Acceptance Date; provided, however, except for provisions of this Agreement that expressly survive termination of this Agreement, this Agreement shall terminate with respect to a City that notifies the other Cities not later than seventy-five (75) days prior to the end of the Initial Term or the then current Renewal Term of its desire to no longer remain a party to this Agreement after the end of the Initial Term or the then current Renewal Term, as applicable. 2.03 Early Termination During Initial Term. Notwithstanding anything to the contrary herein, a City may terminate without cause its participation as a party to this Agreement prior to the end of the Initial Term subject to the following: A. The termination date must fall on September 30 of the year of termination; PAGE 4 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) B. The City desiring to terminate its participation in this Agreement must deliver notice to the other Cities not later than two (2) years prior to the date of termination; C. The City terminating its participation in this Agreement shall not be entitled to reimbursement from the non-terminating Cities for expenditures related to the purchase, installation, or maintenance of the System paid by the terminating City prior to the date of termination; provided, however: (1) the terminating City shall be entitled to a proportionate share of the proceeds from the sale of any of the Shared Components by the non-terminating Cities to third parties; and (2) the terminating City shall be entitled to receive a refund of payments for pre-paid preventative maintenance services, but only to the extent such refunds may be obtained and received from Harris or other person or entity providing maintenance services for the System (and each of (1) and (2) of this subsection C. shall survive termination by the City terminating its participation in this Agreement); and D. The non-terminating Cities shall have the right to continue to access, use, maintain, and repair the Shared Components located on property owned or leased by the terminating City without compensation to or interference by the terminating City, it being understood, acknowledged, and agreed by the Cities that, because of (i) the critical function of the System as originally designed and installed relative to providing communication across jurisdictional lines during events in which public safety mutual aid is provided between and/or among the Cities for the benefit of the City receiving the assistance from one or more of the other Cities and (ii) the need to provide system redundancy to better ensure continued operation of the System in the event one or more of the Shared Components is temporarily non-operational, the continued use of the Shared Components located on property owned, leased, or licensed by the terminating City by the non-terminating Cities serves the public purpose of the terminating City; and E. Prior to the date of termination, the terminating City must pay any remaining financial obligations related to its share of Shared Costs incurred or accrued prior to the date of the termination of the terminating City’s participation in this Agreement. Except as set forth in this Section 2.03, the terminating City shall have no obligation to pay any amounts which come due under this Agreement following the effective date of said City’s termination of its participation in this Agreement. III. PURCHASE AND INSTALLATION OF SYSTEM 3.01 Ratification of Prior Acts of Farmers Branch. The Cities understand, acknowledge, and agree that Farmers Branch, at the request of and following consultation with PAGE 5 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) and review by representatives of all of the Cities, issued the RFP and received proposals from Harris and other vendors with respect to purchase, installation and maintenance of the System. The other Cities hereby ratify and affirm the actions of Farmers Branch in issuing the RFP and receiving proposals in response to the RFP. 3.02 Representations Regarding Negotiation of the SPA. The Cities hereby warrant and represent to each other that: A. Representatives of all of the Cities have had a fair and equal opportunity to review the proposals received by Farmers Branch in response to the RFP; and B. Representatives of the Cities unanimously agreed that, following review of the proposals received in response to the RFP, Harris provided the best and most advantageous proposal to the Cities in response to the RFP; and C. Representatives of all of the Cities have participated, or been provided an opportunity to participate in negotiating the best and final offer from Harris and the terms and conditions of the SPA; and D. A true and correct copy of the SPA was provided to the Cities prior to execution of this Agreement by the Cities, including, but not limited to all provisions affecting Shared Costs and Non-Shared Costs; and E. To the best of their knowledge and belief, the Cities have complied with all applicable provisions of state law relating to the procurement of proposals for the purchase, installation, and maintenance of the System and the award of the SPA and related agreements. 3.03 Execution of SPA by Farmers Branch; Reliance on the Cities Performance. Pursuant to this Agreement, Farmers Branch agrees to sign the SPA as “Buyer.” The other Cities understand and acknowledge that Farmers Branch would not have signed the SPA but for the agreements by the Cities including but not limited to the Cities’ agreement to pay their portions of the Shared Costs and Non-Shared Costs. 3.04 Current Funds Appropriated. The Cities hereby warrant and represent they have each identified and appropriated current funds as of the Effective Date to pay their respective portion of the Shared Costs and the Non-Shared Costs relating to the purchase and installation (but not maintenance) of the System. The Cities understand, acknowledge, and agree that, unless the Cities agree among themselves subsequent to the Effective Date of this Agreement to prepay Harris the amounts due for maintenance of the System for the full term of the SMA, the funds for maintenance of the System for the second through fifth years of the term of the SMA will be subject to annual appropriations by each of the Cities. 3.05 Invoices from Harris; Payments to Farmers Branch. The Cities understand and acknowledge that Harris will be sending invoices to Farmers Branch as Buyer under the SPA and as Customer under the SMA. Farmers Branch agrees to deliver to each other City copies of PAGE 6 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) each invoice relating to purchase, installation, operation, or maintenance of the System not later than five (5) days following receipt of such invoice with a request to pay to Farmers Branch the City’s portion of Shared Costs and/or the City’s Non-Shared Costs as set forth in the invoice. The City receiving an invoice from Farmers Branch pursuant to this Agreement shall pay to Farmers Branch the amount due from the City based on this Agreement, the SPA and/or the SMA (as applicable), and the contents of the invoice, not later than fifteen (15) days after receipt of the invoice, but in any case not later than five (5) days prior to the date Farmers Branch must pay Harris pursuant to the provisions of the SPA and/or the SMA (as applicable), including, but not limited to, Section 9 of the SPA. 3.06 Disputed Invoices. If a City disputes any amount appearing on an invoice from Harris that constitutes the City’s portion of Shared Costs or Non-Shared Costs, the City disputing the invoice shall provide a written notice to Farmers Branch, with a copy to the other Cities and Harris, not later than ten (10) days following receipt of the invoice, identifying the amount(s) disputed and the basis for the dispute. A City disputing an amount on an invoice shall pay any undisputed amount as required by Section 3.05, above, in accordance within the due date for such amount. If any amount that is disputed by a City shall, in fact, be determined to be due, the City disputing the amount shall be solely responsible for also paying any late fees and/or interest accrued on delinquent payments pursuant to the SPA, which amounts said City shall pay directly to Harris. 3.07 Cooperation Regarding Installation, etc.; Mutual Right of Entry. Each City agrees to reasonably cooperate with Harris and the other Cities with respect to the installation, operation, and maintenance of the System and to take such actions that are reasonable and necessary to ensure that Harris is able to timely perform its obligations under the SPA and SMA. Each City hereby grants to each other City the right to enter those portions of each City’s property on which is located any component of the System for the purpose of securing the installation, repair, operation, and/or maintenance of the System. Each City further agrees to grant Harris, its employees, agents, and/or subcontractors entry onto the City’s property for the purpose of installing and, as long as the SMA is in effect, operating, repairing, and maintaining the System. Notwithstanding the foregoing, each City may enforce reasonable and necessary security measures with respect to access to the City’s facilities (including, without limitation, requirements that reasonable notice be given prior to such access) to the extent necessary to protect the City’s property or facilities, the health and safety of the City’s employees, residents, citizens, and/or businesses, or to comply with applicable state and/or federal laws and/or regulations. In the event access to a City’s particular facility or property requires an escort, the City on whose property the System component is located shall provide, at said City’s sole cost, an employee or other authorized person for such escort within a reasonable time after the request for an escort is received. 3.08 Timely Performance by the Cities Under SPA. Notwithstanding that Farmers Branch is named as “Buyer” in the SPA, the Cities understand and acknowledge that timely performance by all of the Cities with respect to reviewing documents, especially the Detailed Design Documents as described in Section 3.F. of the SPA, is necessary to avoid additional costs resulting from a delay in performance under the SPA. The Cities agree to make every reasonable effort to perform all review of documents, provide such consents as needed and required, and PAGE 7 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) provide access to the Cities’ properties in a timely manner. If the failure of a City to timely perform a document review, grant a consent, or provide access to property results in Harris being entitled to an increase in the contract price set forth in the SPA, the City failing to timely perform shall be solely responsible for such increased cost notwithstanding that such increased cost relates to a Shared Cost. 3.09 Ownership of System. The Cities agree that title to the System shall be as follows: A. Shared Components shall be jointly owned by the Cities in the following shares: (1) Addison: 1/6 undivided interest. (2) Carrollton: 1/2 undivided interest. (3) Coppell: 1/6 undivided interest. (4) Farmers Branch: 1/6 undivided interest. B. A Non-Shared Component shall be owned 100% by the City paying for the purchase of the Non-Shared Component. Nothing herein shall be construed as (i) granting a City any interest in real property owned by another City merely because a component of the System is located on or attached to the real property of one of the Cities or (ii) granting a City an ownership interest in personal property paid entirely for and owned by another City merely because said personal property constitutes a component of the System or the cost for operation, maintenance, or repair of the personal property constitutes a Shared Cost. 3.10 Division of Costs for Shared Components. The Cities agree that the costs for payment of the purchase and installation of the Shared Components shall be allocated as follows: A. Addison: 1/6 B. Carrollton: 3/6 C. Coppell: 1/6 D. Farmers Branch: 1/6 The Cities agree to forward funds to Farmers Branch for their respective shares of the cost of the Shared Components in a timely manner in accordance with Section 3.05, above. 3.11 Shared Costs. The Cities agree to pay the Shared Costs in accordance with the same allocation set forth in Section 3.10, above, established for the costs of the Shared PAGE 8 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) Components. The Cities agree to forward funds to Farmers Branch for their respective shares of the Shared Costs in a timely manner in accordance with Section 3.05, above. 3.12 Non-Shared Costs. The Cities agree to pay in a timely manner their respective Non-Shared Costs directly to the vendors with whom the Cities contract to provide services, equipment, or facilities related to operation, repair, and/or maintenance of the System. 3.13 Right to Use Property for System Facilities. The Cities warrant and represent they each own, respectively, a sufficient real property interest (including, but not limited to, a fee simple interest, a fee simple determinable interest, a leasehold interest, and/or an easement) or a license and/or right of entry which will allow the System to be installed, operated, and maintained in accordance with the SPA and the SMA. The Cities agree to retain such real property interest at the sole cost of the respective Cities, which cost shall be considered a Non- Shared Cost. If after installation of the System it becomes necessary to relocate any System facilities or equipment because a City loses the right to use the City’s property for location of those System facilities or equipment, such City shall be responsible for all costs related to relocating those System facilities or equipment and any expenses related to modifying the System so that the System continues to provided substantially the same coverage and work in substantially the same manner as designed and accepted by the Cities pursuant to the SPA. 3.14 Addison Tower License/Lease. The Cities understand and acknowledge that Addison’s tower site is subject to a license agreement with the owner of the property where the Addison tower is located. Addison shall use its best efforts to continue to keep in full force and effect a license or lease agreement with the owner of the Addison tower site at Addison’s sole cost and expense. In negotiating any new or extended license or lease agreement for the Addison tower site, Addison agrees to use its best efforts to seek to include a provision that will allow the license agreement to be assigned to any one of the other Cities without the consent of the owner of the property provided the owner receives notice of such assignment and the City to which the license/lease agreement is assigned agrees to assume all of Addison’s obligations under the license/lease agreement. If Addison terminates its participation in this Agreement prior to the end of the Term, Addison shall, upon request of the Cities, and subject to the provisions of the license/lease agreement with the owner of the Addison tower site, assign said license/lease agreement to another of the Cities as identified in the request. 3.15 FCC Licenses; Frequency Assignment. Carrollton and Coppell agree that during the Term of this Agreement, the Cities shall be jointly authorized to use the FCC Licenses for the purpose of communicating through the System without compensation to Carrollton or Coppell. The System Operations Committee (as described in Section 4.03.B. below) shall allocate and assign to each City the frequency or frequencies that the City will use for transmitting and receiving radio communications with the respective City’s police, fire, and such other departments of the respective Cities as may be determined by the System Operations Committee and the frequency to be used for inter-agency communications among the departments of the respective Cities using the System. 3.16 City System Project Representatives. Not later than five (5) days after the Effective Date, each City shall designate a System Project Representative who shall be the City’s PAGE 9 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) primary contact person with Harris and the other Cities during the installation and acceptance testing of the System. 3.17 Farmers Branch Administrative Fee. The other Cities agree to pay Farmers Branch the following amounts to reimburse Farmers Branch for the costs incurred by Farmers Branch in providing services related to the administration of the SPA up to and through the Acceptance Date and making the final payment to Harris and any other party relating to the purchase and installation of the System: A. Addison: $2,083.33 B. Carrollton: $6,250.00 C. Coppell: $2,083.33 The above amounts shall be paid not later than thirty (30) days after Farmers Branch pays the final payment to Harris for purchase and installation of the System. In lieu of a direct cash payment to Farmers Branch, the other Cities may provide a credit to Farmers Branch against any amounts due and owing from Farmers Branch to the respective City under this Agreement or another related agreement between Farmers Branch and the other City. 3.18 Certain Modifications to System. Except where modifications are required by Federal or State law or regulation, no modifications may be made to the System which result in (i) a reduction in the coverage areas for receiving and/or transmitting radio communications or (ii) an increase in the cost to purchase, install, or maintain the System unless approved by a unanimous vote of the System Executive Committee (as described in Section 4.03.A. below); provided, however, the negative vote of a member of the System Executive Committee may be overturned by a vote of the governing body of the City who appointed the committee member who voted against the modification. IV. SYSTEM MAINTENANCE AND OPERATION 4.01 Shared Components. The Cities agree that the System shall be maintained by Harris for not less than five (5) years after the Acceptance Date as provided in the SMA. The other Cities agree to deliver to Farmers Branch their respective shares for services obtained from Harris pursuant to the SMA in accordance with Section 3.05, above, which shares shall allocated in the same manner as allocated for Shared Costs in Section 3.11. 4.02 System Maintenance Administration. The System Executive Committee shall adopt procedures based on the recommendation of the System Operations Committee governing the maintenance and repair of (i) the Shared Components and (ii) those certain Non-Shared Components the maintenance of which is a Shared Cost. Such procedures shall include, but not be limited to, the identification of the job position(s) within each City (by title) that are authorized to initially contact Harris (or other third party with whom the Cities have contracted to repair and/or maintain the System). If the Cities determine to designate a particular City to administer the SMA for all of the Cities, the Cities agree to negotiate and enter into a System PAGE 10 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) Maintenance Administration Agreement setting forth the terms and conditions pursuant to which the designated City shall provide such administrative services and the amount the other Cities shall pay to the designated City to reimburse the designated City for its reasonable costs related to administering the SMA on behalf of all of the Cities. 4.03 Governance Committees. The following committees shall be established for the purpose of administering and operating the System: A. System Executive Committee. There shall be established a System Executive Committee whose members shall be the City Managers of each of the Cities or another employee of the City appointed by the City Manager. The System Executive Committee shall be authorized to: (1) Adopt rules governing the meetings of the System Executive Committee subject to the following: (a) A quorum of the System Executive Committee shall be three (3) members for the purpose of holding meetings and the transaction of business, including voting on any matters considered by the System Executive Committee; and (b) The approval of any matter considered by the System Executive Committee shall require the affirmative vote of three (3) members of the System Executive Committee. (2) Adopt procedures relating to the operation, maintenance, and use of the System; (3) Approve changes orders or amendments to the SPA and/or SMA; provided, however, if pursuant to a City’s policies and/or state law such change order cannot be approved by the City Manager of each City without approval of the City’s respective governing body, the System Executive Committee shall have the authority to recommend approval of the change order or amendment by the Cities’ respective governing bodies; (4) Prepare and recommend an annual budget relating to the operation, maintenance, and repair of the System; and (5) Perform such other tasks and duties as the governing bodies of the Cities may from time to time agree shall be performed by the System Executive Committee. B. System Operations Committee. There shall be established a twelve (12) member System Operations Committee whose members shall be three (3) employees from each of the Cities appointed by the City Managers of each of the Cities. The System Operations Committee shall be authorized to: PAGE 11 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) (1) Adopt rules governing the meetings of the System Operations Committee subject to the following: (a) A quorum of the System Operations Committee shall be seven (7) members; and (b) The approval of any matter considered by the System Operations Committee shall require the affirmative vote of a majority of the members of the System Operations Committee; and (c) No meeting of the Systems Operation Committee shall occur earlier than seventy-two (72) hours after written notice of the time, date, location, and subject matter of the meeting has been provided in writing to all members of the committee. (2) Make recommendations to the System Executive Committee regarding the adoption and/or amendment of the operation, maintenance, and use policies relating to operation, maintenance, and use of the System; (3) Develop and make recommendations to the System Executive Committee regarding the purchase of equipment, materials, hardware, software and services relating to the use, operation, maintenance, and/or repair of the System; (4) Oversee implementation of the System operation, maintenance, and use policies adopted by the System Executive Committee; and (5) Perform such other tasks as may from time to time be assigned by the System Executive Committee. C. User Groups. The System Executive Committee may from time to authorize the creation of specialized user groups for the purpose of obtaining input and recommendations regarding the use and operation of various portions of the System. 4.04 Appropriations of Annual Maintenance Fee. Each City understands and acknowledges that the purchase of maintenance and repair services from Harris pursuant to the SMA during the initial term of the SMA is of significant public importance and agrees to use its best efforts to appropriate funds each fiscal year to pay the City’s share of the Shared Costs under the SMA for the Initial Term. If a City determines that it does not have funds available to appropriate for any Annual Maintenance Period (as defined in the SMA) commencing after the beginning of the City’s fiscal year, the City agrees to notify the other Cities of its intent to not appropriate such funds not later than ninety (90) days prior to the end of the City’s then current fiscal year. PAGE 12 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) 4.05 Right to Access and Use System. Provided a City has complied with the provisions of this Agreement including, but not limited to, payment of all of the City’s share of Shared Costs as required by this Agreement, each City shall have the right to access and use the System in accordance with the policies and procedures established by the System Executive Committee. At no time shall the System Executive Committee be authorized to adopt any rule or procedure which excludes a City from accessing or using the System as long as the City is not in default (after notice of such default has been received by the City and the City has been provided a reasonable opportunity to cure the default) of this Agreement. 4.06 Line of Site Protection. The Cities understand, acknowledge, and agree that the proper operation of the System is dependent on maintaining the line of site between and among the various microwave transmitter/receiver dishes installed as part of the System. The Cities agree to review their respective ordinances governing the location and height of buildings and other structures, and, as soon as reasonably possible after the Effective Date, adopt such ordinances and regulations governing the development of property within their respective Cities to the extent such ordinances and regulations are reasonable and necessary to protect and maintain the System’s microwave signal transmission and reception, provided, however that the City has determined that the adoption of such ordinances and/or regulations is authorized, valid and lawful. V. USER EQUIPMENT 5.01 Selection and Purchase. Each City shall have the right under this Agreement, and shall at its sole cost, select and purchase the User Equipment to be used by that City’s employees and other people authorized by the City to transmit and receive communications using the System. Each City shall be solely responsible for determining the compatibility of the User Equipment selected by the City with the System. 5.02 Purchase from Harris; Cooperative Purchasing. The Cities understand and acknowledge that Farmers Branch has solicited and obtained unit prices in accordance with applicable state laws regarding purchasing for User Equipment from Harris pursuant to its response to the RFP as set forth in the SPA which Harris has agreed to extend to the other Cities pursuant to the provisions of the SPA. The Cities hereby agree that for purpose of purchasing User Equipment under the provisions of the SPA, the Cities shall constitute a local cooperative organization as defined in Tex. Loc. Govt. Code §271.101(1) whose membership is limited to the Cities. Pursuant to this Section 5.02, each City agrees to: A. Designate a person to act under the direction of and on behalf of the City in all matters relating to the purchase of User Equipment from Harris; B. Make payments directly to Harris for the purchase of User Equipment pursuant to the provisions of the SPA; and C. Be solely responsible with respect to enforcing Harris’ compliance with provisions relating to the quality and terms of delivery of the User Equipment purchased by the City from Harris. PAGE 13 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) 5.03 Maintenance and Installation. Each City shall have the right to install and/or maintain the City’s own User Equipment or to contract with a third party to perform such maintenance and/or installation. The Cities understand and acknowledge that Carrollton presently performs installation and/or maintenance of User Equipment for itself as well as Addison and Farmers Branch at Carrollton’s radio shop. In the event a City (other than Carrollton) determines it desirable to obtain the services of a third party relating to the maintenance and/or installation of User Equipment, the City agrees to notify Carrollton that the City is seeking proposals for providing such maintenance and/or installation services and provide Carrollton an opportunity to provide such a proposal. Nothing herein shall be construed as prohibiting Carrollton and one or more of the other Cities from negotiating and signing an agreement pursuant to the Act to provide maintenance and/or installation services relating to the User Equipment. VI. JOINT DISPATCH CENTER The Cities understand, acknowledge, and agree that this Agreement does not include provisions relating to the design, construction, and/or operation of a joint public safety dispatch center or facility. The Cities agree to engage in good faith negotiations regarding the design, construction, and operation of a joint public safety dispatch center in sufficient time to make any modifications to the SPA necessary to install the System based on a joint dispatch center concept. VII. TERMINATION OF EXISTING INTERLOCAL AGREEMENT Addison, Carrollton, and Farmers Branch agree that the Metrocrest Radio System Interlocal Agreement signed and dated September 11, 2001, (“the Old ILA”) a copy of which is attached hereto as Exhibit C, will be terminated in accordance with and subject to the following: A. The termination date of the Old ILA shall be the date the Metrocrest Radio System purchased, installed, and operated pursuant to the provisions of the Old ILA ceases to be used by Addison, Carrollton, and Farmers Branch for radio communications; B. Carrollton agrees to continue to maintain the existing Metrocrest Radio System pursuant to the Old ILA until the termination date of the Old ILA; C. Commencing with the Renewal Year (as defined in the Old ILA) beginning on October 1, 2014 (“the 2014 Renewal Period”), Addison and Farmers Branch may elect to pay Carrollton the System Management Fee described in Section 7.03 of the Old ILA in monthly installments equal to 1/12th of the amount of the System Management Fee due for the 2014 Renewal Period. Such installments shall be due on the first day of each month commencing October 1, 2014, and continuing thereafter until the first day of the month during which the termination date of the Old ILA occurs; D. Notwithstanding Section 7.03 of the Old ILA, Addison and Farmers Branch shall be required to pay Carrollton only the installments of the System PAGE 14 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) Maintenance Fee that are due prior to the termination date of the Old ILA and not the full annual amount of the Annual System Management Fee (as defined in the Old ILA) due for the Renewal Period during which the Old ILA is terminated; E. This Article VII shall constitute the notice of termination required by Section 9.02 of the Old ILA; and F. Carrollton acknowledges and agrees that no reimbursement is or shall be due from Addison and/or Farmers Branch pursuant to Section 9.03 of the Old ILA as the result of the termination of the Old ILA pursuant to this Article VII. VIII. MISCELLANEOUS 8.01 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, by hand-delivery or facsimile transmission and addressed to the respective City at the following address: If intended for Town of Addison: Town of Addison Attn: City Manager 5300 Belt Line Road Dallas, Texas 75254 With copy(ies) to: City Attorney Town of Addison 5300 Belt Line Road Dallas, Texas 75254 If intended for City of Carrollton: City of Carrollton Attn: City Manager 1945 E. Jackson Road Carrollton, Texas 75006 With copy(ies) to: City Attorney City of Carrollton 1945 E. Jackson Road Carrollton, Texas 75006 If intended for City of Coppell: City of Coppell Attn: City Manager 255 E. Parkway Boulevard Coppell, Texas 75019 With copy(ies) to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 If intended for City of Farmers Branch: City of Farmers Branch Attn: City Manager 13000 William Dodson Parkway Farmers Branch, Texas 75234 With copy(ies) to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 75201 PAGE 15 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) 8.02 Governing Law. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the Cities 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. The Cities agree to submit to the personal and subject matter jurisdiction of said court. 8.03 Party Responsibility. To the extent allowed by law, and without waiving any governmental immunity available to the Cities under Texas law, or any other defenses the Cities are able to assert under Texas law, each City agrees to be responsible for its own negligent or otherwise tortious acts or omissions in the course of performance of this Agreement. 8.04 Immunity. It is expressly understood and agreed that, in the performance of this Agreement, none of the Cities waive, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Cities do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in any persons or entities who are not parties to this Agreement. 8.05 Entire Agreement. This Agreement represents the entire agreement among the Cities with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 8.06 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 8.07 Recitals. The recitals to this Agreement are incorporated herein. 8.08 Amendment. This Agreement may be amended by the mutual written agreement of all Cities. 8.09 Place of Performance. Performance and all matters related thereto shall be in Dallas County, Texas. 8.10 Authority to Enter Agreement. Each City has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each City has been properly authorized and empowered to sign this Agreement. The persons signing this Agreement hereby represent that they have authorization to sign on behalf of their respective City. 8.11 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. PAGE 16 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) 8.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.13 Assignment. No City may assign, transfer, or otherwise convey this Agreement without the prior written consent of the other Cities. 8.14 Consents. Unless expressly stated otherwise, whenever the consent or the approval of a City is required herein, such City shall not unreasonably withhold, delay or deny such consent or approval. 8.15 Good Faith Negotiation; Dispute Mediation. Whenever a dispute or disagreement arises under the provisions of this Agreement, the Cities agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved, the Cities shall refer the matter to outside mediation, the costs of which shall be shared equally, prior to engaging in litigation (unless delaying the filing of a lawsuit might result in the lawsuit being barred, including but not limited to a bar by a statute of limitations). The provisions of this Section 8.15 shall survive termination. 8.17 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the Cities, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.18 Source of Payment. Each City paying for the performance of governmental functions or services pursuant to this Agreement must make those payments from current revenues available to the paying City or from funds otherwise lawfully available to the City for use in the payment of the City’s obligations pursuant to this Agreement. 8.19 Force Majeure. No City shall be liable to any or all of the other Cities for any failure, delay, or interruption in the performance of any of the terms, covenants, or conditions of this Agreement due to causes beyond the City’s respective control or because of applicable law, including, but not limited to, war, nuclear disaster, strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of superior governmental authority, floods, riots, rebellion, sabotage, terrorism, or any other circumstance for which a party is not legally responsible or which is not reasonably within its power to control. The affected City's obligation shall be suspended during the continuance of the inability then claimed, but for no longer period. To the extent possible, the City shall endeavor to remove or overcome the inability claimed with all reasonable dispatch. (Signatures on Following Pages) PAGE 17 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) SIGNED AND AGREED this ________ day of June, 2013. TOWN OF ADDISON By:___________________________________ Ron Whitehead, City Manager ATTEST: _______________________________ Chris Terry, City Secretary APPROVED AS TO FORM: ________________________________ City Attorney SIGNED AND AGREED this ________ day of June, 2013. CITY OF CARROLLTON By:___________________________________ Leonard Martin, City Manager ATTEST: _______________________________ Ashley D. Mitchell, City Secretary APPROVED AS TO FORM: ________________________________ City Attorney PAGE 18 METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) SIGNED AND AGREED this ________ day of June, 2013. CITY OF COPPELL By:___________________________________ Clay Phillips, City Manager ATTEST: _______________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: ________________________________ City Attorney SIGNED AND AGREED this ________ day of June, 2013. CITY OF FARMERS BRANCH By:___________________________________ Gary D. Greer, City Manager ATTEST: _______________________________ Angela Kelly, City Secretary APPROVED AS TO FORM: ________________________________ City Attorney PAGE 1 EXHIBIT “A AGREEMENT A” TO METR T Shared a ROCREST QUA E and Non-Sh AD CITIES PU Exhibit A ared Compo UBLIC SAFETY onents and C Y RADIO SY Costs STEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “B” TO METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM INTERLOCAL AGREEMENT (kbl:6/7/13:60745) Exhibit “B” Carrollton and Coppell FCC Licenses Carrollton FCC Licensed Frequencies: 854.2875 854.7875 856.2625 856.7625 857.2625 857.7625 858.2625 858.7625 859.2625 859.7625 PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T Cop ROCREST QUA Ex py of Existin AD CITIES PU xhibit “C” ng Interlocal UBLIC SAFETY l Agreement Y RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) PAGE 1 EXHIBIT “C AGREEMENT C” TO METR T ROCREST QUAAD CITIES PU UBLIC SAFETYY RADIO SYSTEM INTERL (kbl:6/7/13 LOCAL 3:60745) TM 60899 RESOLUTION _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE INTERLOCAL GOVERNMENT AGREEMENT BETWEEN THE TOWN OF ADDISON, THE CITY OF CARROLLTON, THE CITY OF FARMERS BRANCH AND THE CITY OF COPPELL TO PARTICIPATE IN THE METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM, ATTACHED HERETO AS EXHIBIT “A”, AUTHORIZING THE MAYOR TO SIGN; AND, TO AUTHORIZE THE CITY MANAGER TO FUND $3,186,366, PLUS A TEN PERCENT (10%) CONTINGENCY TO PURCHASE THE P25 TRUNKED RADIO SYSTEM, INSTALLATION AND RELATED ACCESSORIES FOR THE METROCREST QUAD CITIES PUBLIC SAFETY RADIO SYSTEM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL APPROPRIATE PURCHASE ORDER(S), CHANGE ORDER(S) AND/OR RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas has been presented a proposed Interlocal Agreement by and between the City of Carrollton, City of Farmers Branch and the Town of Addison; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Coppell, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the Metrocrest Quad Cities Public Safety Radio System Interlocal Agreement by and between the City of Coppell, City of Carrollton, City of Farmers Branch and the Town of Addison is hereby approved under the terms and conditions as provided therein, which is attached hereto and incorporated herein as Exhibit A; and, the Mayor is hereby authorized to execute said Agreement. SECTION 2. That the City Manager is authorized to fund the purchase of the P25 Trunked Radio System, installation and related accessories for the Metrocrest Quad Cities Public Safety Radio System Interlocal Agreement in an amount, not to exceed three million one TM 60899 hundred eighty-six thousand six hundred sixteen dollars ($3,186,616) plus a ten percent (10%) contingency; and, authorized to execute any and all necessary purchase order(s), change order(s) and/or related documents. SECTION 3. That this resolution shall become effective immediately from and after its passage, and it is accordingly so resolved. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the _____ day of __________________________, 2013. APPROVED: Karen Selbo Hunt, Mayor ATTEST: Christel Pettinos, City Secretary APPROVED AS TO FORM: _________________________________ Robert E. Hager, City Attorney (REH/mpm) TM 60899 Exhibit “A” Interlocal Agreement (to be attached) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1124 File ID: Type: Status: 2013-1124 Agenda Item Passed 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: Council Committee ApptsFile Name: Title: Consider appointments to Council Committees. Notes: Agenda Date: 06/11/2013 Agenda Number: 31. Sponsors: Enactment Date: Council Committees.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved06/11/2013City Council Mayor Hunt made the following Committee Appointments: CFBISD/LISD Liaison - Billy Faught and Wes Mays CISD Liaison - Bob Mahalik and Aaron Duncan Coppell Seniors - Tim Brancheau and Billy Faught Dallas Regional Mobility Coalition - Karen Hunt and Gary Roden Regional Green Team - Tim Brancheau Metrocrest Community Clinic - Wes Mays Metrocrest Medical Foundation - Bob Mahalik Metrocrest Social Services/Senior Adult Services - Marvin Franklin North Texas Council of Governments - Aaron Duncan North Texas Commission - Gary Roden A motion was made by Councilmember Gary Roden, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1124 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1124) Title Consider appointments to Council Committees. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Name _________________________________________ COUNCIL COMMITTEE PREFERENCES Please place a 1, 2, 3, etc. in the blanks indicating your preference of Committees on which to serve. C/FBISD/LISD Liaison _________________ CISD Liaison _________________ Coppell Seniors _________________ Dallas Regional Mobility Coalition _________________ ecoCoppell _________________ Metrocrest Community Clinic _________________ Metrocrest Medical Foundation _________________ Metrocrest Social Services _________________ North Texas Council of Governments _________________ North Texas Commission _________________ Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1115 File ID: Type: Status: 2013-1115 Agenda Item City Manager Reports 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: City Manager's ReportFile Name: Title: Project Updates and Future Agendas. Notes: Agenda Date: 06/11/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 06/11/2013City Council City Manager Clay Phillips reported that the Canal Work at Andy Brown Park East continues and the Biodiversity Center is nearing the concrete pouring stage. The Contractors at The Square at Main Street in Old Town Coppell are working on the fountain and establishing the foundation for the pavllion. The Sandy Lake Road project will begin on July 8th. Mr. Phillips also reminded Council that there are no further Council Meetings for June. The next City Council Meeting will be July 9th. Action Text: Text of Legislative File 2013-1115 Title Project Updates and Future Agendas. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1115) Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1116 File ID: Type: Status: 2013-1116 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Secretary 06/03/2013File Created: 06/11/2013Final Action: Mayor and Council ReportsFile Name: Title: A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding Spirit of Coppell 2013. Notes: Agenda Date: 06/11/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 06/11/2013City Council A) Mayor Hunt reported on the Metroplex Mayors' Meeting. The newly elected mayors from the surrounding communities were in attendance. They received a Legislative Update from TML. There will be another TML update opportunity in Austin. See the TML website for details. B) Mayor Hunt announced that the Spirit of Coppell Celebration will begin with fireworks on July 3rd. The musical band will be Limelight. Activities include: bounce houses, food vendors galore, face painting, and train rides. All activities will begin at 7pm with the fireworks show at 9:40pm. On July 4th, the parade will begin at 9am with the route including Samuel Blvd. to Parkway Blvd. to Town Center. Action Text: Text of Legislative File 2013-1116 Title A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding Spirit of Coppell 2013. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1116) Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017