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MEMORANDUM
To:Mike Land, City Manager
From: Ashley Owens, Deputy City Secretary
Date: January 14, 2020
Subject: Discussion regarding Board & Commission appointment
The Coppell Recreation Development Corporation had a member resign from the board mid-year
2019. During the application process last fall, staff failed to advertise for the open seat along with
the other boards that were holding interviews. Applications were not taken for any CRDC seats
because the terms for all board members expire December 2020. The open seat must be filled to
maintain a quorum for future meetings.
Aaron Straach hasserved on the Economic Development Committeesince 2011 and volunteeredto
serve on the Economic Development Foundation beginning in 2014.In December 2019, Mr.
Straach applied and was appointed to the Economic Development Foundation for a three-year term.
We recommend Mr. Straachbe appointed to the Coppell Recreation and Development Corporation
to fulfill the remainder of the unexpired term which will end in December 2020.
1
MEMORANDUM
To: Mayor and City Council
From: Kent Collins, P.E., Director of Public Works
Date: January 14, 2020
Reference: Discussion Regarding the Drainage Utility District
General Information:
The City is responsible for maintaining conveyance in streams
The City is responsible for maintaining storm drain infrastructure located in drainage
easements
The City needs to implement drainage improvement projects to preserve conveyance
and maintain drainage infrastructure
The Drainage Utility District generates revenue for the operation and maintenance of
the drainage system
Staff presented an overview of the Drainage Utility District and drainage
projects/activities during the Work Session on September 24, 2019.
This is the second discussion regarding revenue needs and possible changes to the
Drainage Utility District rates.
Dan Jackson of Wildan will present the item related to the draft rate study.
Introduction/Analysis:
Staff and the rate consultant (Dan Jackson with Wildan) will present a draft rate model for the
Drainage Utility District to cover the project and maintenance needs. Staff is requesting feedback on
the draft rate model for future discussion and/or presentation to adopt an amended rate structure.
Legal Review:
No legal review was required.
Fiscal Impact:
There is no fiscal impact related to this item.
Recommendation:
This item is presented for discussion only.
1
MEMORANDUM
To: Mayor and City Council
From: Kent Collins P.E., Director of Public Works
Date: January 14, 2020
Reference: Parkway Boulevard Reconstruction Update
General Information:
Staff will present an update on the Parkway Boulevard Reconstruction project. Specific items to be
discussed will include status, schedule, landscaping/trees, and changes to the side path cross-section.
Legal Review:
No legal review was required for this item.
Fiscal Impact:
There is no fiscal impact.
Recommendation:
This item is presented for discussion only.
1
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WHEREAS, Coppell is “A Family Community for a Lifetime”; and Coppell citizens choose
to live here for the high quality of life and sense of community; and
WHEREAS, “Living Well in Coppell” is a volunteer-based initiative focused on providing a
healthy community environment for citizens, students, organizations and local businesses through
awareness and participation by means of education, advocacy, events, programs and partnerships with
other wellness organizations and businesses; and
WHEREAS,beingnamedthe2017CommunityChallengeWinnerformid-sizedcities,
Coppellembraces “It’s Time Texas” and the H-E-B Community Challenge for being a one-of-a-kind
competition that challenges communities across the state of Texas to demonstrate a commitment to
healthy living;and
WHEREAS, The H-E-B Community Challenge unites and mobilizes schools, businesses,
organizations, community members, and leaders toward the common goal of transforming their
community’s health.
NOW, THEREFORE, I,Karen Selbo Hunt, Mayor of the City of Coppell do hereby proclaim
the months of January 2020 through March 2020 as
“H-E-B COMMUNITY CHALLENGE MONTHS”
and challenge the entire community to participate in representing Coppell and participate in this
initiative.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to
be affixed this 14th day of January 2020.
Karen Selbo Hunt, Mayor
ATTEST:
_
Christel Pettinos, CitySecretary
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: January 14, 2020
Reference: Consider approval of an Economic Development Agreement by and between the
City of Coppell and Los Kellys, LLC, and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
Los Kellys, LLC is operating Kellys Texican Bar, Grill & Patio located at 110 W. Sandy Lake
Road, Suite 150. The restaurant is receiving a cash grant to help with relocation and expansion
costs and a sales tax rebate.
Introduction:
Lawrence Kelly previously operated Oles Restaurant in Coppell. In 2018, Mr. Kelly decided to
relocate that restaurant for more visibility. City Council expressed a desire to retain Mr. Kelly as a
restaurant operator in Coppell by providing a grant to help with his relocation and expansion costs
and a sales tax rebate. In 2019, Mr. Kelly selected to relocate his restaurant to 110 W. Sandy Lake
Road, Suite 150, and he also decided to change the name. He created the legal entity name of Los
Kellys, LLC, but he is doing business as Kellys Texican Bar, Grill & Patio. He has expanded the
menu offerings to appeal to a broader audience today.
Analysis:
This Economic Development Incentive Agreement grants a cash grant of $23,000 and a sales tax
rebate of 100% of the 1% collected by the Citys general fund for a period of 3 years.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
$23,000 cash grant and sales tax rebate.
Recommendation:
Staff recommends approval.
1
2
STATE OF TEXAS §
§ E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
COUNTY OF DALLAS §
doing business as Kellys Texican
Bar Grill & Patio
their respective authorized officers.
W I T N E S S E T H:
WHEREAS, Lessee has or intends to enter a lease of 110 W. Sandy Lake Road Suite 150
Coppell, Texas (the Leased Premises), for a period of at least five (5) years (the Lease), and
intends to operate a restaurant known as Kellys Texican Bar Grill & Patio (hereinafter defined as
at the Leased Premises for operating a new facility; and
WHEREAS, Lessee has advised the City that a contributing factor that would induce the
Lessee to enter into the Lease and occupy the Leased Premises would be an agreement by the City
to provide an economic development grant to the Lessee as set forth herein; and
WHEREAS, the City has adopted programs for promoting economic development and
this Agreement and the economic development incentives set forth herein are given and provided
by the City pursuant to and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and Chapter
380 of the Texas Local Government Code to provide economic development grants to promote
local economic development and to stimulate business and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Lessee in accordance with this Agreement is in accordance with the City Economic Development
Program and will: (i) further the objectives of the City; (2)
inhabitants; and (iii) promote local economic development and stimulate business and commercial
activity in the City.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
Article I
Term
and shall continue until the Expiration Date, unless sooner terminated as provided herein.
P AGE 1 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND K ELLY L AWRENCE (TM111648)
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
existence as a going business, insolvency, appointment of receiver for any part of such
such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against
such Party and such proceeding is not dismissed within ninety (90) days after the filing
Premises and otherwise to meet its obligations under this Agreement.
occupancy for Lessee to occupy the Leased Premises.
321.203, or its successor.
shall mean the date of payment of the last of the Grants, unless
sooner terminated as provided herein.
ncy 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.
vely mean the Expansion Grant and the Sales Tax Grants.
charges,
excises, license and permit fees, and other charges by public or governmental authority,
general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may
be assessed, charged, levied, or imposed by any public or governmental authority on the
Lessee or any property or any business owned by Lessee within the City.
than five (5) years commencing on the Lease Inception Date.
the Lease, but no later than March 25, 2019.
P AGE 2 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
110 W. Sandy Lake Road Suite 150 Coppell, Texas
Bar Grill
& Patio.
: (i) with respect to a Sales Tax Grant, a written
request from Lessee to the City for payment of a Sales Tax Grant accompanied by the Sales
Tax Certificate for the applicable Sales Tax Reporting Period; and (ii) with respect to the
Expansion Grant, a written request from Lessee to the City for payment of the Expansion
Grant, which request shall be accompanied by copies of records, receipts and other
evidence reasonably satisfactory to the City to document the costs incurred and paid for
the renovation of the Leased Premises.
any agreement (other than this Agreement) by and
between the City and Lessee and/or any of its affiliated or related entities.
Expansion mean an economic development grant in the amount of
Twenty-Three Thousand Dollars ($23,000.00) to be paid as set forth herein.
a full service restaurant operating under the name of Kellys
Texican Bar Grill & Patio.
and the continuous operation of the Restaurant open for business and serving the public.
imposed pursuant to Chapter 321 of the Texas Tax Code on the sale of Taxable Items by
Lessee Consummated at the Leased Premises.
Sales Tax Certificate shall mean a report provided by the State of Texas to the
City in accordance with Texas Tax Code, Section 321.3022, (or other applicable provision
of the Texas Tax Code) which lists the amount of Sales and Use Tax paid (including any
refunds, credits or adjustments) received by the City from the State of Texas from the sale
of Taxable Items by the Lessee Consummated at the Leased Premises for the applicable
Sales Tax Reporting Period, or if such report is not available, a certificate or other statement
in the form reasonably approved by the City, setting forth the collection of Sales and Use
Tax (including any refunds, credits or adjustments) by the Lessee received by the City from
the State of Texas, for the sale of Taxable Items by the Lessee Consummated at the Leased
Premises for the applicable Sales Tax Reporting Period, and the total sales of Taxable Items
by Lessee consummated at the Leased Premises for the applicable Sales Tax Reporting
Period, which are to be used to determine eligibility of the Lessee for the Sales Tax Grants,
together with such supporting documentation required herein, and as the City may
reasonably request.
P AGE 3 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
three (3) annual grants economic development
grants to be paid by City to Lessee each in the amount equal to one hundred percent (100%)
of the Sales Tax Receipts for the applicable Sales Tax Reporting Period, to be paid to the
Lessee as set forth herein. The amount of each Sales Tax Grant shall be computed by
multiplying the Sales Tax Receipts received by the City for a given Sales Tax Reporting
Period by the one hundred percent (100%) less any administrative fee charged to City by
the State of Texas for collection of the Sales and Use Taxes pursuant to Tax Code Section
321.503 or other applicable law.
the State
collection of Sales and Use Tax (it being expressly understood that
for its use of general funds to make a grant for economic development purposes) as a result
of sale of Taxable Items by Lessee for the applicable Sales Tax Reporting Period
Consummated at the Leased Premises.
nth period during the
term of this Agreement provided however the first Sales Tax Reporting Period shall begin
the January following the Commencement Date.
Article III
Economic Development Grant
3.1 Expansion Grant. Subject to the continued satisfaction of all the terms and
conditions of this Agreement by Lessee, and the obligation of Lessee to repay the Grants in
accordance with Article V hereof, City agrees to provide Lessee with the Expansion Grant to be
paid within thirty (30) days after receipt of a Payment Request following the Effective Date. Lessee
shall submit the Payment Request for the Expansion Grant no earlier than thirty (30) days after the
Effective Date and no later than sixty (60) days after the Effective Date. Failure to timely submit
a Payment Request shall operate as a forfeiture of the payment of Expansion Grant.
3.2 Sales Tax Grants.
(a) Sales Tax Grant. Subject to the continued satisfaction of all the terms and
conditions of this Agreement by Lessee, and the obligation of Lessee to repay the
Grants in accordance with Article V hereof, City agrees to provide Lessee with
three (3) annual Sales Tax Grants. The Sales Tax Grants shall be paid within ninety
(90) days after receipt of a Payment Request following the end of the applicable
Sales Tax Reporting Period beginning with the first Sales Tax Reporting Period.
Each Payment Request shall be submitted to City not later than sixty (60) days after
the end of each Sales Tax Reporting Period. Failure to timely submit a Payment
Request for a Sales Tax Reporting Period shall operate as a forfeiture of the Sales
Tax Grant for such Sales Tax Reporting Period.
P AGE 4 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
(b) Adjustment Notification. Lessee shall promptly notify City in writing of any
adjustments found, determined or made by Lessee, the State of Texas, or by an
audit that results, or will result, in either a refund or reallocation of Sales Tax
Receipts or the payment of Sales and Use Tax or involving amounts reported by
Lessee as subject to this Agreement. Such notification shall also include the amount
of any such adjustment in Sales and Use Tax or Sales Tax Receipts. Lessee shall
notify City in writing within thirty (30) days after receipt of notice of the intent of
the State of Texas, to audit Lessee. Such notification shall also include the period
of such audit or investigation.
(c) Amended Returns. In the event Lessee files an amended sales and use tax return,
or report with the State of Texas, or if additional Sales and Use Tax is due and
owing by Lessee to the State of Texas, as determined or approved by the State of
Texas, affecting Sales Tax Receipts for a previous Sales Tax Reporting Period, then
the Sales Tax Grant payment for the Sales Tax Reporting Period immediately
following such State of Texas approved amendment shall be adjusted accordingly
(i.e., up or down, depending on the facts), provided City has received Sales Tax
Receipts attributed to such adjustment. As a condition precedent to payment of
such adjustment, Lessee shall provide City with a copy of any such amended sales
and use tax report or return, and the approval thereof by the State of Texas. Copies
of any amended sales and use tax return or report or notification from the State of
Texas that additional Sales and Use Tax is due and owing by Lessee to the State of
Texas, as determined by the State of Texas, affecting Sales Tax Receipts for a
previous Sales Tax Reporting Period shall be provided to City with the Payment
Request for the next Sales Tax Reporting Period.
(d) Refunds and Underpayments of Sales Tax Grants. In the event the State of Texas
determines that City erroneously received Sales Tax Receipts, or that the amount
of Sales and Use Tax paid to Lessee exceeds (or is less than) the correct amount of
Sales and Use Tax for a previous Sales Tax Reporting Period, for which Lessee has
received a Sales Tax Grant, Lessee shall, within sixty (60) days after receipt of
notification thereof from City specifying the amount by which such Sales Tax Grant
exceeded the amount to which Lessee was entitled pursuant to such State of Texas
determination, adjust (up or down, depending on the facts) the amount claimed due
for the Sales Tax Grant payment for the Sales Tax Reporting Period immediately
following such State of Texas determination. If Lessee does not adjust the amount
claimed due for the Sales Tax Grant payment for the Sales Tax Reporting Period
immediately following such State of Texas determination City may, at its option,
adjust the Sales Tax Grant payment for the Sales Tax Reporting Period immediately
following such State of Texas determination. If the adjustment results in funds to
be paid back to City, Lessee shall repay such amount to City within sixty (60) days
after receipt of such State of Texas determination. The provisions of this Section
shall survive termination of this Agreement.
(e) Sales Tax Grant Payment Termination; Suspension. The payment of Sales Tax
Grants shall terminate on the effective date of determination by the State of Texas
P AGE 5 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
or other appropriate agency or court of competent jurisdiction that the Leased
Premises is not a place of business resulting in Sales and Use Taxes being due the
City from the sale of Taxable Items by Lessee at the Leased Premises. In the event
the State of Texas seeks to invalidate the Leased Premises as a place of business
where Sales and Use Tax was properly remitted to the State of Texas (the
City hereunder shall
be suspended until such Comptroller Challenge is resolved in whole favorably to
City. In such event, Lessee shall not be required to refund Sales Tax Grants
previously received from City provided Lessee is actively defending against and/or
contesting the Comptroller Challenge and Lessee promptly informs City in writing
of such Lessee actions and with copies of all documents and information related
thereto. In the event the Comptroller Challenge is not resolved favorably to City
and/or in the event the State of Texas determines that the Improvements is not a
place of business where the Sales and Use Tax was properly remitted to the State
of Texas, and Sales and Use Tax Receipts previously paid or remitted to City
relating to the Leased Premises are reversed and required to be repaid to the State
of Texas, then the obligation to pay the Sales Tax Grants shall terminate and Lessee
shall refund all Sales Tax Grants received by Lessee from City that relate to the
Comptroller Challenge, which refund shall be paid to City within sixty (60) days
of the date that the Comptroller Challenge required City to repay Sales and Use Tax
Receipts.
(f) Indemnification. THE LESSEE AGREES TO DEFEND, INDEMNIFY AND
HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES
HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE
LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS,
ATTORNEY FEES, COSTS, EXPENSES, AND DEMANDS BY THE STATE
OF TEXAS THAT THE CITY HAS BEEN PAID ERRONEOUSLY, OVER-
PAID OR INCORRECTLY ALLOCATED SALES AND USE TAX
ATTRIBUTED TO THE SALE OF TAXABLE ITEMS BY THE LESSEE
CONSUMMATED AT THE LEASED PREMISES FOR ANY SALES TAX
REPORTING PERIOD DURING THE TERM OF THIS AGREEMENT
OF THE PARTIES THAT THE
LESSEE SHALL BE RESPONSIBLE FOR THE REPAYMENT OF SALES TAX
GRANTS PAID TO LESSEE HEREIN BY CITY THAT INCLUDES SALES
AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS
DETERMINED WERE ERRONEOUSLY, PAID, COLLECTED,
DISTRIBUTED, OR ALLOCATED TO THE CITY.
THE INDEMNIFICATION PROVIDED ABOVE SHALL NOT APPLY TO ANY
LIABILITY RESULTING SOLELY FROM THE ACTIONS OR OMISSIONS
OF THE CITY. THE LESSEE SHALL BE OBLIGATED TO PAY
REASONABLE ATTORNEY FEES AND OTHER THIRD-PARTY COSTS
INCURRED BY THE CITY TO DEFEND OR CONTEST A CLAIM
P AGE 6 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF
THIS AGREEMENT. THE PROVISIONS OF THIS SECTION ARE SOLELY
FOR THE BENEFIT OF THE PARTIES HERETO AND DO NOT CREATE
ANY OBLIGATIONS FROM OR GRANT ANY CONTRACTUAL OR OTHER
RIGHTS TO ANY OTHER PERSON OR ENTITY, OTHER THAN
OBLIGATIONS, IF ANY, THAT ARISE FROM LESSEE TO CITY TO
PERFORM OBLIGATIONS CREATED BY THIS SECTION.
3.3 Current Revenue. The Grants shall be paid solely from annual appropriations from
the general funds of the City or from such other funds of the City as may be legally set aside for
such purpose consistent with Article III, Section 52(a) of the Texas Constitution. Further, the City
shall not be obligated to pay any commercial bank, lender or similar institution for any loan or
credit agreement made by Lessee.
3.4 Grant Limitations. Under no circumstances shall the obligations of the City
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision; provided; however, the City agrees during the term of this Agreement to make a good
faith effort to appropriate funds each year to pay the Grants for the then ensuing fiscal year.
Further, the City shall not be obligated to pay any commercial bank, lender or similar institution
for any loan or credit agreement made by the Lessee. None of the obligations of the City under
this Agreement shall be pledged or otherwise encumbered by the Lessee in favor of any
commercial lender and/or similar financial institution.
Article IV
Conditions to Grant
The obligation of the City to pay the Grants shall be conditioned upon the compliance and
satisfaction by the Lessee of the terms and conditions of this Agreement and each of the conditions
set forth in Article IV.
4.1 Payment Request. Lessee shall, as a condition precedent to the payment of
Expansion Grant and the applicable Sales Tax Grant, timely provide City with the applicable
Payment Request.
4.2 Good Standing. The Lessee shall not have an uncured breach or default of this
Agreement, or a Related Agreement.
4.3 Required Use. During the term of this Agreement beginning on the Commencement
Date and continuing until the Expiration Date, the Leased Premises shall not be used for any purpose
other than the Required Use, and the operation of the Leased Premises in conformance with the
Required Use shall not cease for more than thirty (30) continuous days except in connection with,
and to the extent of an event of Force Majeure or Casualty.
P AGE 7 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
4.4 Continuous Lease and Occupancy. The Lessee shall, beginning on the
Commencement Date and continuing thereafter until the Expiration Date, continuously lease and
occupy the Leased Premises.
4.5 Lease. The Lessee shall have entered the Lease on or before March 25, 2019 and
the Lessee shall occupy the Leased Premises on or before March 25, 2019.
4.6 Sales Tax Certificate. Lessee shall during the term of this Agreement, provide to
City a Sales Tax Certificate thirty (30) days after the end of each Sales Tax Reporting Period. The
Sales Tax Certificate shall at a minimum contain, include or be accompanied by the following:
(a) A schedule detailing the amount of the Sales and Use Tax collected and paid to the
State of Texas as a result of the sale of Taxable Items by Lessee Consummated at
the Leased Premises for the then ending Sales Tax Reporting Period;
(b) A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by Lessee for the then ending Sales Tax Reporting Period
showing the Sales and Use Tax collected (including sales and use tax paid directly
to the State of Texas pursuant to a direct payment certificate) by Lessee for the sale
of Taxable Items by Lessee Consummated at the Leased Premises, including any
supporting work papers;
(c) A copy of all direct payment and self-assessment returns, including amended
returns, filed by Lessee for the previous ending Sales Tax Reporting Period
showing the Sales and Use Tax paid for the sale of Taxable Items by Lessee
Consummated at the Leased Premises;
(d) Information concerning any refund or credit received by Lessee of the Sales or Use
Taxes paid or collected by Lessee which has previously been reported by Lessee as
Sales and Use Tax paid or collected; and information concerning any Sales and Use
Tax adjustments made pursuant to any sales and use tax audits by the State of Texas
of either Lessee and its customers involving amounts reported by Lessee as subject
to this Agreement;
(e) A schedule detailing the total sales of Taxable Items by Lessee Consummated at
the Lessee for the then ending Sales Tax Reporting Period.
Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the Parties;
(b) Expiration Date;
P AGE 8 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
(c) upon written notice, by either Party in the event the other Party breaches any of the
terms or conditions of this Agreement, or a Related Agreement, and such breach is
not cured within thirty (30) days after the nonbreaching Party sends written notice
to the breaching Party of such breach;
(d) upon written notice, by the City, if Lessee suffers an event of Bankruptcy or
Insolvency;
(e) upon written notice, by the City, if any Impositions owed to the City or the State of
Texas by Lessee shall become delinquent (provided, however, the Lessee retains
the right to timely and properly protest and contest any such Impositions); or
(f) upon written notice, by either Party, if any subsequent Federal or State legislation or
any decision of a court of competent jurisdiction declares or renders this Agreement
invalid, illegal or unenforceable.
5.2 Repayment. In the event the Agreement is terminated by the City pursuant to
Section 5.1 (c), (d), (e) or (f), the Lessee shall immediately refund to the City an amount equal to
the Grants paid by the City to the Lessee preceding the date of such termination, plus interest at the
rate of interest periodically announced by the Wall Street Journal as the prime or base commercial
lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or
base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A.
(or by any other New York money center bank selected by City) as its prime or base commercial
lending rate) from the date on which each Grant is paid by the City until each such Grant is
refunded by the Lessee. The repayment obligation of Lessee set forth in this section shall survive
termination.
5.3 Right of Offset. The City may, at its option, offset any amounts due and payable
under this Agreement or a Related Agreement against any debt (including taxes) lawfully due to
the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this
Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due the
City has been reduced to judgment by a court.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager.
6.2 Limitation on Liability. It is understood and agreed between the Parties that the
Lessee, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Lessee agrees to indemnify and hold harmless the City from all such claims, suits, and causes of
actions, liabilities and expenses of any nature whatsoever by a third party arising out of the
P AGE 9 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the Parties.
6.4 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the Party at the address set forth below or on the day actually
received if sent by courier or otherwise hand delivered.
If intended for City, to: With a copy to:
Attn: City Manager Peter G. Smith
City of Coppell, Texas City Attorney
P. O. Box 478 Nichols, Jackson, Dillard, Hager
Coppell, Texas 75019 & Smith, L.L.P.
1800 Ross Tower
500 N. Akard
Dallas, Texas75201
If intended for Lessee, to:
Attn:
Kellys Texican
110 W. Sandy Lake Rd.
Suite 150
Coppell, Texas
6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the Parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas without regard to any conflict of law rules. Exclusive venue for any action concerning this
Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
P AGE 10 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination. For the avoidance
of doubt, it is expressly agreed by the Parties that the right of Lessee to make any Payment Request
and the obligation of City to pay any Grant to which Lessee may have otherwise been entitled prior
to the termination of this Agreement shall survive termination of this Agreement.
6.13 Employment of Undocumented Workers. During the term of this Agreement the
Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation
under 8 U.S.C. Section 1324a (f), the Lessee shall repay the amount of the Grants and any other
funds received by the Lessee from City as of the date of such violation within one hundred twenty
(120) days after the date the Lessee is notified by City of such violation, plus interest at the rate of
four percent (4%) compounded annually from the date of violation until paid. The Lessee is not
liable for a violation of this section in relation to any workers employed by a subsidiary, affiliate,
or franchisee of the Lessee or by a person with whom the Lessee contracts.
6.14 Conditions Precedent. This Agreement is expressly subject to and contingent upon:
(i) the Lessee entering the Lease on or before January 31, 2019; and (ii) the Lessee occupying the
Leased Premises on or before the Lease Inception Date.
(signature page to follow)
P AGE 11 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
EXECUTED on this _______ day of _____________________, 2020.
C ITY OF C OPPELL, T EXAS
By:
Karen Hunt, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:
City Attorney
EXECUTED this the _________ day of ______________________, 2020.
L AWRENCE K ELLY, DOING BUSINESS AS K ELLYS T EXICAN
B AR G RILL & P ATIO
By:
Name:
Title:
P AGE 12 E CONOMIC D EVELOPMENT I NCENTIVE A GREEMENT
C ITY OF C OPPELL AND L AWRENCE K ELLY (TM 111648)
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: January 14, 2020
Reference: Consider approval of an ORDINANCE for a zoning change to S-1166R-LI (Special Use
Permit-1166 Revised -Light Industrial), to approve a revised site and landscape plans and
building elevations for the for the addition of a car wash, and revising the canopies and
l Lane,
and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
This
Introduction:
This property has
car wash to enhance their customers experience, a service they are introducing nationwide in order to
remain competitive. Several customer parking spaces are proposed to be removed to accommodate the
car wash and proposed landscaping. Additional improvements to the property include improving fire
access by reconfiguring the gated access to the canopy section of the site and moving the canopies back
in certain areas. The revised Landscape Plan indicates all existing landscaping to remain and new
landscaping proposed around the car wash area. An additional 21 trees and shrubs will be planted around
the outer perimeter of the site where there are gaps currently, and these areas will be irrigated.
Analysis:
On November 21, 2019 the Planning and Zoning Commission recommended approval (5-0) of S-1166R-
LI,
On December 10, 2019 the City Council approved S-1166R-LI, with the following conditions which
have been incorporated into the ordinance.
1. Add stop signs to the drive aisle both north and south of the car wash exit.
Legal Review:
This was reviewed by the city attorney.
Fiscal Impact:
None
1
Recommendation:
The Planning Department recommends APPROVAL of S-1166R-LI (Special Use Permit 1166-Revised-
Light Industrial) subject to the conditions listed above.
Attachments:
1. Ordinance
2. Exhibit A Legal Description
3. Exhibit B - Site Plan
4. Exhibit C Landscape Plan
5. Exhibit D Building Elevations
2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM S-1166-LI (SPECIAL USE PERMIT-1166-
LIGHT INDUSTRIAL) TO S-1166R-LI (SPECIAL USE PERMIT-1166
REVISED-LIGHT INDUSTRIAL), TO APPROVE A REVISED SITE AND
LANDSCAPE PLANS AND BUILDING ELEVATIONS FOR THE ADDITION
OF A CAR WASH, AND REVISING THE CANOPIES AND INTERNAL
GATES ALONG THE FIRE LANE ON APPROXIMATELY 16 ACRES OF
PROPERTY LOCATED AT 800 S. ROYAL LANE, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS,
ATTACHED HERETO AS EXHIBITS “B”, “C”, AND “D” RESPECTIVELY;
PROVIDING DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication
and otherwise, and after holding due hearings and affording a full and fair hearing to all property
owners generally, and to all persons interested and situated in the affected area and in the vicinity
thereof, the said governing body is of the opinion that Zoning Application No. S-1166R-LIshould
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 S-1166-LI (Special Use Permit-
1166 -Light Industrial) To S-1166R-LI (Special Use Permit-1166Revised -Light Industrial), to
approve a revised site and landscape plans and building elevations for the addition of a car wash kiosk
1 TM 113019
and revising the canopies and internal security gates along the fire lane on approximately 16 acres of
property located at 800 S. Royal Lane and being more particularly described in Exhibit “A” attached
hereto and made part hereof for all purposes, subject to special conditions.
SECTION 2. That Special Use Permit 1166-LI is hereby revised, and Special Use Permit
1166R-LI is hereby approved subject to the following special conditions:
A. Except as amended herein and as provided in this Ordinance, the property shall be used
and developed in accordance with the Special Use Permit zoned property as set forth in
Ordinance 91500-A-235 which is incorporated herein as set forth in full and hereby
republished.
B. The development shall be constructed, used and maintained in accordance with the Fully
Developed Site Plan and Phase 2 Site Plan; Landscape Plan; and Building Elevations,
and provisions included therein, attached hereto and made part of the ordinance.
C. Any future development of the site shall require a new or amended detailed plan, if not
in strict accordance with concept plan.
SECTION 3. That the Site Plan, Landscape Plan, and Building Elevations and all
comments and notes set forth therein, attached hereto as Exhibits “B”, “C”, and “D” are made a part
hereof for all purposes, and hereby approved as special conditions.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
2 TM 113019
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided
to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2020.
APPROVED:
_____________________________________
KAREN SELBO HUNT, MAYOR
3 TM 113019
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
ROBERT E. HAGER, CITY ATTORNEY
4 TM 113019
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM S-1166-LI (SPECIAL USE
PERMIT-1166 -LIGHT INDUSTRIAL) TO S-1166R-LI (SPECIAL USE
PERMIT-1166 REVISED-LIGHT INDUSTRIAL), TO APPROVE A
REVISED SITE AND LANDSCAPE PLANS AND BUILDING
ELEVATIONS FOR THE ADDITION OF A CAR WASH, AND REVISING
THE CANOPIES AND INTERNAL GATES ALONG THE FIRE LANE ON
APPROXIMATELY 16 ACRES OF PROPERTY LOCATED AT 800 S.
ROYAL LANE, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE
PLAN, AND BUILDING ELEVATIONS, ATTACHED HERETO AS
EXHIBITS “B”, “C”, AND “D” RESPECTIVELY; PROVIDING
DEVELOPMENT REGULATIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2020.
APPROVED:
_____________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
Exhibit "A"
Exhibit "A"
Exhibit "B"
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Coppell, Texas
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LANDSCAPE PLAN
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LANDSCAPE PLAN SCALE: 1" = 50'-0"
addtolandscapelegend:CE3UlmusCrassifolia(CedarElm)3"cal.65gal.container;12'to14'ht.
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nsible for
ath building
ding. IfandEVATIONS
and all
lling landscape
CE/3
ASE THESE FINISHED GRADES WITH LANDSCAPING
All drainage (surface and subsurface) of all landscape areas within the project limits shall be the responsibility of the instafrom building. In no case shall any plant bed be constructed
along edge of building that will impede water flow away from builTHE FINISHED GRADE ELEVATIONS IN THESE CIVIL GRADING PLANS IN ORDER TO DETERMINE THE GROUND EL
Owner's Responsibility For Maintenance Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or impropermaintenance in areas
such as, but not limited to, operation and maintenance of automatic irrigation system, all site drainage planting materials maintenance may result in damage to property or persons.
Client further acknowledges that he is solely respothe results of any lack of or improper maintenance.Landscape Contractor's Responsibilities:contractor and landscape maintenance
company. All grading of areas along all building areas must absolutely have positive slopplanting beds are located at edges of building, landscape contractor shall make sure that these
areas drain properly (surface subsurface-wise). Contractor shall install moisture barrier along building as necessary to keep water from penetrating underneslab."REFER TO FINISHED
GRADES SHOWN ON PROJECT CIVIL GRADING PLAN. IT WILL REPRESENT FINAL ELEVATIONS. CARESHOULD BE TAKEN BY THE LANDSCAPE CONTRACTOR NOT TO INCREOR OTHER ALTERATIONS. THE THICKNESS OF
SOD, GRASS AND LANDSCAPING MATERIALS SHOULD BE DEDUCTED FROMDURING CONSTRUCTION."
for all bare/ unpaved
Size and Plant Requirements Existing trees to be fenced protected.Refer to Tree Protection Detail.3" cal. 65 gal. container; 12' to 14' ht.3" cal. 65 gal. container; 12' to 14' ht.3"
cal. 65 gal. container; 12' to 14' ht.5 gal. planted at 36" o.c. triangularlyspaced.Hydromulch areas between parking curb and rightof way areas along Royal Lane andGateway Boulevard.
3'-0" HEIGHT MIN. METAL POSTOR WOOD POST @ 6'-0" O.C.48" ORANGE MESH FENCEOR CHAIN LINK FENCING.
Waxmyrtles
CommonName Live OakShumardOakMexicanSycamoreDwarfCommonBermuda
2" LAYER OF PINE BARKMULCH INSTALLED IN 3"MIN. HIGH SAUCERSOIL MIX AS SPECIFIEDSHRUB ROOTBALLBACKFILL MIXUNDISTURBED SOIL
TREE DRIPLINEMETAL POST OR WOODPOST @ 6'-0" O.C.ORANGE MESH FENCE ORCHAIN LINK FENCING
POS
THIN OUT INTERIORA 4" LAYER OFTREE ROOTBALL
BRANCHING OF TREE3/4" BLACK RUBBERHOSENO. 12 GAUGE DOUBLESTRAND TWISTEDGALVANIZED WIREMETAL "T" STAKES -(120 DEG. APART)5" HIGH SAUCER WITHSHREDDED PINE BARKMULCHSOIL MIX AS SPECIFIEDCOMPACTED
SOILMOUND
6'-0" O.C.
TREE PRESERVATIONAREAS.
COMPACTION SHALL OCCUR WITHIN THE TREEALL FENCING SHALL BE INSTALLED PRIOR TOSTART OF ALL CONSTRUCTION ACTIVITIES.
NO CUTTING, FILLING, TRENCHING, OR SOILDRIPLINE AREA.
6" TOPSOIL
12"
CRITICAL ROOT ZONE
TREE DRIPLINE
Virginiana
BotanicalName Existing treesQuercusQuercusShumardiiPlatanusMexicanaMyricaPusilaCynodonDactylon
12"
6"
REFER TO
27
SF.
390
(Verify)
SPACING ON LEGEND
WIDTH VARIES
3"TURF SIDE PLANTING BED SIDE Quantities
12"
12"
PROTECTION FENCE
MIN.
CRITICAL ROOT ZONE
TREE DRIPLINE
6"
6"
SHOVEL CUT BED EDGE SCALE: NOT TO SCALE
SINGLE-TRUNK TREE PLANTING SCALE: NOT TO SCALE SHRUB PLANTING SCALE: NOT TO SCALE
2X ROOTBALL DIAMETER (MIN.)
SCALE: NTS
TREE PROTECTION DETAIL
VARIES
4'-0"MIN.
DEPTH 4" MULCH AS DEFINED IN THE LANDSCAPESPECIFICATIONS SHEET 1-1.3, PART 2.HOLD MULCH 4" FROM TRUNK.SHOVEL CUT BED EDGE AT45°-90° ANGLE, 6" DEEPFINISHED GRADEAT TURF
3'-0"
6" TOPSOILSUBGRADE
ABCD EXLO13SO8PM17DWGrassVerify
L1.1L1.1L1.1L1.1
Symbolic
Name
Landscape Legend:
to separate all plant beds from grass areas.
Install weed control barriers in all trees, shrub and groundcover planting
Summer Mix:Cynodon Dactylon (Hulled Common Bermuda Grass) 85% pure live seed at 75 Lbs. Purelive seed per acre.Winter Mix:Cynodon Dactylon (Unhulled - Common Bermuda Grass) 85% pure
live seed at 75 Lbs.Pure live seed per acre. Annual Rye Grass or equal, 85% pure live seed at 175 Lbs. Purelive seed per acre.
specified + fertilizer (13-13-13) 800 pounds.
"Shovel Edge"
acceptable.proportions by weight and meeting the accepted standards of pure live seed content, purityand germination.hydromulched.operation to reduce excessive weed growth and erosion.form
of an aqueous mixture and by using the methods and equipment described herein.uniformly and at the prescribed rate and to guard against miss and overlapped areas.installed prior to
hyromulching process.maintaining of existing grades and repair of any erosion damages.percent 95% of the area planted will be covered with specified planting after sixty days with nobare
spots visible.deep watering program.Final acceptance of lawn establishment shall mean that hydroseed areas are Ninety Fivepercent 95% uniform coverage of grass in excess of one inch
height. No bare spots will beacceptable.
fabric mesh membrane). In addition to fencing, where tree trunks are in jeopardy of being damaged
pedestrian traffic or storage of equipments or materials.allowed around existing trees designated to remain on site.of ail trees to be preserved.by equipments, 2x4 inch boards may be
required to be strapped around the trunks of trees.conditions similar to those of the project for at least twelve months.appearance as to be superior in form, number of branches,
compactness, and symmetry.They shall be free of disease, insects, pests, eggs, or larvae.trunk heights, spread) as specified on the drawings.least six months, but not over two years.
Samples must prove no rootbound conditions exist.line for trees up to four inches (4") in caliper.stakes for all multi-trunk trees.compost + 1 part sharp sand + 4 Lbs. Commercial fertilizer
per CY Or 10 Lbs. Organic fertilizer.enriched mulch + 1 part compost bark mulch + 1 part enriched topsoil + 1 part No. 1 Bank Sand+3 Lbs. Time- released fertilizer, 14-14-14 per CY
or 8 Lbs. Organic fertilizer.permitting the retention of water for more than 24 hours shall be brought to the attention of theOwner.obstructions on the site, or prior work done by another
part, which precludes establishing properdrainage shall be brought to the attention of the Owner in writing.65 gal. Or 100 gal.).unless noted as being pit planted on landscape legend.size
(4" pot or 1 gal.)."Round Up" in all planting areas to eradicate all weed growths on site.areas. Weed barrier fabric shall be back polypropylene sheet 27 mils thick, 4 oz/s.y. grab
tensilestrength per ASTM D-4632; 90 lbs. (machine direction) 50 lbs.(cross machine direction). ProvideDeWitt "Weed Barrier" or approved substitute.shall be for a period of Sixty Days
(60).the Owner.tightening and repair of guys; resetting plants for proper grades or upright position, and furnishingand application of pesticides/herbicides; sprays, and invigorants
as are necessary to keepplantings free of insects and disease and in a thriving condition.(12) after the date of Final Acceptance by Owner. Plants in an impaired, dead, or dying conditionafter
initial acceptance or within 12 months shall be removed and replaced immediately to thesatisfaction of the Owner.
a.Seed which has become wet, moldy and otherwise damaged in transit or in storage will not beb.All grass seed shall be fresh, re-cleaned grass seed of the latest crop, mixed in the followingc.Grass
seed shall have the following minimum ratio:a.Install and spread out a minimum of one inch layer of topsoil over all areas to beb.Bed preparation: Immediately after the finished grade
has been approved, begin hydroseedingc.Apply seed, fertilizer and mulch by spraying them on the previously prepared seedbeds in thed.Particular care shall be exercised by the contractor
to insure that the application is madee.Where slope of areas to be grassed exceed a 3:1 H:V; an erosion control fabric shall bea.Maintenance shall consist of weeding, fertilizing, insect
control, watering, replanting, mowing,b.Guarantee growth and coverage of hydromulch planting shall be a minimum on ninety fivec.Watering: Coordinate with the Owner to properly operate
irrigation system to assure a regular,
to the following:a.Soil compaction in the critical root zones resulting from heavy equipments, vehicular or excessivec.Wounds to exposed roots, trunks or limbs by mechanical equipments.d.Other
activities such as chemical storage, cement truck cleaning, fire, etc. are not acceptable ora.Tree protection devices are to be installed to completely surround the critical root zones
(tree dripline)c.Tree protection fence may be installed around a grouping of existing trees for better control.fences must remain in functioning condition throughout all phases of the
site development/construction.Work shall include required root pruning; removal of dead/dying branches, trimming/thinning out of treeaccording to manufacturer's instructions.outside
the root protection zone and shall be done in conformance with the Texas A & M University,and local authorities in supply, transportation, and installation of materials.water, electrical,
cable, TV, etc.) and all overhead utility easements prior to start of any planting works.a.Plants shall be nursery grown in accordance with good horticultural practices under climaticc.Plants
shall be sound, healthy and vigorous, well branched, and densely foliated when in leaf.d.All plants shall be true of species and variety and shall conform to measurements (caliper size,e.Container
grown stock when specified shall have grown in the container in which delivered for atf.Caliper measurements shall be taken at a point on the trunk six inches (6") above natural groundg.All
trees shall be staked by a minimum of two metal "T" stakes for single trunk trees and threea.Prepared soil as backfill for shade and ornamental trees shall be: 5 part clay loam topsoil
+ 2 parta.Test drainage of plant beds and plant pits by filling with water twice in succession. Conditionsc.Excavate each tree hole 18" deep plus the depth of the tree container size
(15 gal. Or 30 gal. Ord.Excavate entire shrub bed to a depth of 8" plus the depth of the shrub container size (5 gal.)e.Excavate entire groundcover bed to a depth of 6" plus the depth
of the groundcover containera.Prior to installation of any planting works (trees, shrubs,groundcover and grass works); applyc.Used.Spread a minimum two inch layer of pine bark mulch
overall shrub and groundcover bed areas.following:a.The maintenance period shall commence upon inspection and approval at Final Acceptance andc.Maintenance of new plantings shall consist
of watering, cultivating, weeding, mulching, restaking,a.Planting supplied shall be warranted to remain alive and healthy for a period of twelve months
b.Root disturbance due to cuts, fills, or trenching works.b.Tree protection fencing shall consists of chain link fencing or accepted substitutes (orange coloredbranches; repair of tree
cavities and other tree damages. Trees shall be fertilized annually. A 3-1-1 ratio ofnitrogen, phosphorus and potassium containing slow release, non-burning nitrogen should be appliedinside
the protective barrier, upon the root protection zone, nor shall any soil be removed from within thebarrier.preserved shall not be raised or lowered more than one inch. Welling and
retaining methods are allowedExtension Landscape Horticulture, Protecting Existing Landscape Trees from Construction Damage Due toGrade Changes", Everett E. Janne and Douglas F. Welch,
PhD, authors.having jurisdiction over such work and provide all inspections and permits required by Federal, State,b.All plants shall be heavy, symmetrical, tightly knit, so trained
or favored for development andb.Prepared soil as backfill for shrubs and groundcovers and seasonal colors shall be: 1 partb.Work shall include the final responsibility for proper surface
drainage of planted areas. Any b.ADD ALTERNATE: b.The landscape contractor shall coordinate the watering program for all the landscape work with
Special Notes for Protection of Existing Trees:2.Location and types of tree protection devices:3.All tree protection fencing shall be installed prior to any clearing, grubbing or grading.
Tree protection4.The contractor shall provide Class One Tree works for ail trees designated to remain on the project site.5.All existing trees to remain shall be maintained bv a certified
tree arborist.6.During construction, no excess soil, additional fill, equipment, liquids or construction debris shall be placed7.The proposed finished grade and elevation of land within
the root protection zone of any tree to be2.The contractor shall be responsible for the verification of all underground utility lines (telephone, gas,3.All plant materials shall possess
the following minimum qualities:4.Planting mix shall be thoroughly mixed in the following proportions:5.Excavation work and Surface drainage works shall conform to the following requirements:6.Addit
ional work requirements on landscape areas:7.Landscape maintenance work by the Landscape Contractor after final acceptance shall include the8.Warranty Periods, Plant Guarantees, and
Replacements:Grass Hydromulching Work Requirements:2.Slurry Mix Component per Acre shall be Wood cellulose fiber mulch = 2,000 pounds + Grass Seed as3.Hydromulched seeding on Prepared
finished grades:4.Maintenance:5.Inspection and Final Acceptance:
1.Tree protection fencing shall be installed to eliminate activities detrimental to trees including but not limited Landscape Requirements:1Perform all work in accordance with all applicable
laws, codes, and regulations required by authorities1.Grass works:
Exhibit "C"
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: January 14, 2020
Reference: Consider approval of the ORDINANCE for PD-298-HC, Feathers Smash, a zoning change
HC (Highway Commercial) and LI (Light Industrial) to PD-298-HC (Planned
request from
Development-298- Highway Commercial) to attach a site plan for a parking lot containing
107 parking spaces to be constructed on approximately 2.5 acres of a 3.77- acre lot located
in Coppell, with an a badminton facility constructed on the remainder of the lot located in
the City of Lewisville; on property located on the south side of Vista Ridge Mall Drive
approximately 1,400 feet east of Business SH 121, and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
This proposal is part of a larger project between the City of Coppell and the City of Lewisville, where a
badminton facility is to be located on a portion of land located in Lewisville and the associated parking is to
be located on the portion of land located in Coppell. An Interlocal Agreement has been approved by both
cities.
Introduction:
This is an oddly shaped piece of property made up of multiple parcels with portions located in Coppell and
other portions located in Lewisville. The parcels in Coppell have no street access, and this development will
combine the various parcels to create one lot, providing street access from Vista Ridge Mall Drive in
Lewisville. An Interlocal Agreement between the City of Coppell and the City of Lewisville has been
approved by both cities. The site will contain 107 parking spaces as well as a detention pond. A variance
was granted to provide a living screen in lieu of a masonry screening wall along the eastern side of the
property.
Analysis:
On November 21, 2019 the Planning and Zoning Commission recommended APPROVAL (5-0) of PD-298-
HC, Feathers Smash, subject to conditions that were brought forward to City Council.
On December 10, 2019, City Council unanimously APPROVED this Planned Development District subject
to the following conditions that have been incorporated into the Ordinance.
1. The property shall be platted prior to the issuance of a building permit.
2. A tree removal permit shall be required prior to the removal of any trees on the site.
3. The following PD Conditions shall be made part of the Ordinance:
a. No parking lot shall be permitted without the construction of a building.
1
b. To allow a living screen in lieu of a masonry screening wall. The living screen shall be
irrigated and maintained in a healthy and growing condition.
c. The storm sewer line and water line located on Lot 45X, Block A, of Coppell Greens
Phase 2 shall be extended through this proposed lot with this phase of construction.
d. Property development is subject to an inter-local agreement between the City of Coppell
and the City of Lewisville.
e. All lighting on the building and in the parking lot shall comply with photometric and site
lighting requirements of the City of Coppell and City of Lewisville on their respective
areas and lighting will be shielded.
Legal Review:
The City Attorney reviewed this Ordinance
Fiscal Impact:
None
Recommendation:
The Planning Department recommends APPROVAL.
Attachments:
1. Ordinance
2. Exhibit A – Legal Description
3. Exhibit B - Site Plan
4. Exhibit C – Landscape Plan & Cross-Section
5. Exhibit D – Photometrics
2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM HC (HIGHWAY
COMMERCIAL) AND LI (LIGHT INDUSTRIAL) TO PD-298-HC
(PLANNED DEVELOPMENT-298- HIGHWAY COMMERCIAL) TO
ATTACH A SITE PLAN FOR A SURFACE PARKING FACILITY
CONTAINING 107 PARKING SPACES TO BE CONSTRUCTED ON
APPROXIMATELY 2.5 ACRES OF A 3.77- ACRE LOT LOCATED IN
COPPELL, IN CONNECTION WITH THE DEVELOPMENT OF INDOOR
BADMINTON FACILITY CONSTRUCTED ON THE REMAINDER OF
THE LOT LOCATED IN THE CITY OF LEWISVILLE; ON PROPERTY
LOCATED ON THE SOUTH SIDE OF VISTA RIDGE MALL DRIVE
APPROXIMATELY 1,400 FEET EAST OF BUSINESS SH 121, AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED
HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL
OF THE SITE PLAN, LANDSCAPE PLAN AND CROSS-SECTION AND
PHOTOMETRICS, ATTACHED HERETO AS EXHIBITS “B” THROUGH
“D”; AND PROVIDING FOR DEVELOPMENT REGULATIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. PD-298-HC should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended by granting a change in zoning from HC (Highway Commercial) and LI
(Light Industrial) to PD-298-HC (Planned Development-298- Highway Commercial) to attach a site
City of Coppell Ordinance Pg 1 TM 113020
plan for a surface parking facility containing 107 parking spaces to be constructed on approximately 2.5
acres of a 3.77- acre lot located in Coppell, with an indoor badminton facility constructed on the
remainder of the lot located in the City of Lewisville; on property located on the south side of Vista
Ridge Mall Drive approximately 1,400 feet east of Business SH 121, for the property described in
Exhibit “A” attached hereto and made a part hereof for all purposes.
SECTION 2. That the Property will be used and developed for Commercial uses and as a
parking lot as defined and provided in the Code of Ordinances, is hereby approved subject to the
following development regulations:
1. The property shall be platted prior to the issuance of a building permit.
2. A tree removal permit shall be required prior to the removal of any trees on the site.
3. The following PD Conditions shall be made part of the Ordinance:
a. No parking lot shall be permitted without the construction of a building.
b. To allow a living screen in lieu of a masonry screening wall. The living screen shall
be irrigated and maintained in a healthy and growing condition.
c. The storm sewer line and water line located on Lot 45X, Block A, of Coppell Greens
Phase 2 shall be extended through this proposed lot with this phase of construction.
d. Property development is subject to an inter-local agreement between the City of
Coppell and the City of Lewisville.
e. All lighting on the building and in the parking lot shall comply with photometric and
site lighting requirements of the City of Coppell and City of Lewisville on their
respective areas and lighting will be shielded.
SECTION 3. That the Site Plan, Landscape Plan and Cross-Section, and Photometrics
attached hereto as Exhibits “B” though “D”; respectively shall be deemed as development regulations
to this development.
City of Coppell Ordinance Pg 2 TM 113020
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with building
regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or
amended herein.
SECTION 6.That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7.That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
City of Coppell Ordinance Pg 3 TM 113020
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2020.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
___________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
City of Coppell Ordinance Pg 4 TM 113020
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND
MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE
AMENDED, BY GRANTING A CHANGE INZONING FROM HC
(HIGHWAY COMMERCIAL) ) AND LI (LIGHT INDUSTRIAL) TO
PD-298-HC (PLANNED DEVELOPMENT-298- HIGHWAY
COMMERCIAL) TO ATTACH A SITE PLAN FOR A SURFACE
PARKING FACILITY CONTAINING 107 PARKING SPACES TO BE
CONSTRUCTED ON APPROXIMATELY 2.5 ACRES OF A 3.77-ACRE
LOT LOCATED IN COPPELL, IN CONNECTION WITH THE
DEVELOPMENT OF INDOOR BADMINTON FACILITY
CONSTRUCTED ON THE REMAINDER OF THE LOT LOCATED IN
THE CITY OF LEWISVILLE; ON PROPERTY LOCATED ON THE
SOUTH SIDE OF VISTA RIDGE MALL DRIVE APPROXIMATELY
1,400 FEET EAST OF BUSINESS SH 121, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF
THE SITE PLAN, LANDSCAPE PLAN AND CROSS-SECTION AND
PHOTOMETRICS, ATTACHED HERETO AS EXHIBITS “B”
THROUGH “D”; AND PROVIDING FOR DEVELOPMENT
REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2020.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
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MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: January 14, 2020
Reference: Consider approval of the ORDINANCE for PD-214R9-C, 151 Coffee, a zoning change
request from PD-214R8-C (Planned Development-214 Revision 8-Commercial) to PD-
214R9-C (Planned Development-214 Revision 9 - Commercial) to attach a Detail Site Plan
for a 581-square foot building with drive-thru on 0.7 acres of land, located on the west side of
S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road and authorizing
the Mayor to sign.
2030: Business Prosperity
Executive Summary:
This proposal is to construct a 581-
drive-thru on property that sits between the McDonalds and the Schlotzsky parcels on Denton Tap Road.
Introduction:
A portion of the lot is developed, with existing parking along the Denton Tap Road frontage. This infill lot
has some challenges. It is rather narrow, irregularly shaped, partially developed and approximately 45% of it
is covered with existing access easements. The request is to allow a coffee shop with a 581-square foot
building and a dual drive-thru. The proposed store hours are from 6 am to 10 pm daily. The typical peak
time is from 7:45 a.m. to 10:00 a.m. The four PD Conditions requested by the applicant are recommended
by staff. These relate to perimeter and overall landscape area, sign area and masonry requirements for the
menu board and are outlined below in more detail.
1. The perimeter landscaping is requested to be reduced because the majority of it is constrained due to
existing site conditions.
2. The landscape area provided is roughly 23% landscape area as opposed to the 30% landscape area
required. The applicant is proposing to use 470 square feet (1.5%) of colored enhanced paving on the
sidewalks adjacent to the building. This will bring their total area to 24.5%. The irregular shape of
landscaping) is an existing condition that significantly impedes the ability to meet the 30%
requirement.
3. The applicant is requesting two 60-square-foot attached signs (one on the north and south elevations).
Typically, the sign area would only be allowed to be one square foot per linear foot width of the
building fronting a dedicated street which in this case is 15 square feet. A 15 square foot sign would
not be visible from Denton Tap. The building is longer than it is wide. Staff is recommending that
the length of the building be used for this measurement. (62-feet). We would also recommend that
both the north and south sides be granted this exception.
4. The applicant is requesting a variance to the masonry requirement for the two menu boards. The ones
proposed for this site will be painted a grey color and will be simple in design.
1
Analysis:
On November 21, 2019 the Planning and Zoning Commission recommended APPROVAL (5-0) of PD-
214R9-C, 151 Coffee, subject to numerous conditions that were brought forward to City Council.
On December 10, 2019, City Council unanimously APPROVED this Planned Development District subject
to the following conditions that have been incorporated into the Ordinance.
1. Except as amended herein and as provided in this Ordinance, the property shall be developed and use
-A-733
which is incorporated herein as set forth in full and hereby republished.
2. Ensure that all lights are shielded from the residential properties to the west and all onsite lighting
meets the glare and lighting standards within Article 36 of the Zoning Ordinance.
3. Allow two 60-square-foot building signs as depicted on the Sign Plan.
4. Allow two menu boards without masonry construction as depicted on the Sign Plan.
5. The hours of operation shall not exceed 5:00 a.m. to 10:00 p.m. Sunday through Saturday.
6. Allow an exception to the interior (parking lot), perimeter and overall 30% landscape area
requirements with 24.5% proposed as depicted on the Landscape Plan.
7. Tree Removal Permit required prior to start of construction.
8. The speakers on the north and south elevations below the drive-thru canopies shall face east toward
Denton Tap. The sound shall be kept at a level that is non-offensive to the neighboring properties and
played only between the hours of 7:30 a.m. and 8:00 p.m.
Legal Review:
The City Attorney reviewed this Ordinance
Fiscal Impact:
None
Recommendation:
The Planning Department recommends APPROVAL.
Attachments:
1. Ordinance
2. Exhibit A Legal Description
3. Exhibit B - Site Plan
4. Exhibit C Landscape Plan & Tree Survey
5. Exhibit D Elevations
6. Exhibit E Sign Plan
2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE INZONINGFROM PD-214R8-C (PLANNED
DEVELOPMENT-214-REVISION 8-COMMERCIAL) TO PD-214R9-C
(PLANNED DEVELOPMENT-214-REVISION9-COMMERCIAL) TO
ATTACH A DETAIL SITEPLAN FOR A 581-SQUARE FOOT BUILDING
WITH DRIVE-THRU ON0.7 ACRES OF LAND, LOCATED ON THE
WEST SIDE OF S. DENTON TAP ROAD,APPROXIMATELY 400 FEET
SOUTH OF W. SANDY LAKE ROAD,ANDBEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN;PROVIDING FOR APPROVAL OF THE
DETAIL SITE PLAN, LANDSCAPE PLAN,BUILDING ELEVATIONS, AND
SIGNPLAN,ATTACHED HERETO AS EXHIBITS “B” THROUGH“E”;
AND PROVIDING FOR DEVELOPMENT REGULATIONS;PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices bypublication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No.PD-214R9-Cshouldbe approved, and
in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended by granting a change in zoningfrom PD-214R8-C (Planned Development-
214-Revision 8-Commercial) to PD-214R9-C (Planned Development-214-Revision 9-Commercial) to
attach a Detail Site Plan for a 581-square foot buildingwith drive-thru on 0.7 acres of land, located on
the west side of S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road,for the
property describedin Exhibit “A” attached hereto and made a part hereof for all purposes.
City of Coppell OrdinancePg 1TM112858
SECTION 2.That the Property will be used,developedand maintainedfor Commercial uses
andasa restaurant,asdefined andprovided in the Code of Ordinances, is hereby approved subject to
the following development regulations:
A.Except as amended herein and as provided in this Ordinance, the property shall be
developed, used and maintained in accordance with “C” Commercial District
Regulations as set forth in Ordinance 91500-A-733 which is incorporated herein as set
forth in full and hereby republished.
B.The speakers on the north and south elevations below the drive-thru canopies shall face
east toward Denton TapRoad. The sound volume shall be kept at a level that is non-
offensiveto the neighboring propertiesand played only between the hours of 7:30 a.m.
and 8:00 p.m.
C.That all external operated lighting shall be shielded eastward from the residential
properties to the west;and,allexternalonsite lighting meets the glare and lighting
standards within Article 36 of the Zoning Ordinance.
D.Allow two 60-square-foot building signs as depicted on the Sign Plan, Exhibit E.
E.Allow two menu boards without masonry construction as depicted on the Sign Plan,
Exhibit E.
F.The hours of operation shall be between the hours 5:00 a.m.to 10:00 p.m. Sunday
through Saturday.
G.Landscaping shall be installed and maintained in accordance with the Landscape Plan, as
depicted in Exhibit C.
H.Tree Removal Permit required prior to start of constructionin compliance with the
Coppell Code of Ordinances.
City of Coppell OrdinancePg 2TM112858
SECTION 3.That theDetail Site Plan,Landscape Plan Building Elevations, and Sign Plan
attached heretoand incorporated herein as Exhibits “B” though “E”;respectively; and, are hereby
deemed as development regulationsto this development.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with building
regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or
amended herein.
SECTION 6.That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7.That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, andshall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8.An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
City of Coppell OrdinancePg 3TM112858
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSEDby the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2020.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
___________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
City of Coppell OrdinancePg 4TM112858
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 GRANTINGA CHANGE INZONINGFROM PD-214R8-
C (PLANNED DEVELOPMENT-214-REVISION 8-COMMERCIAL) TO
PD-214R9-C (PLANNED DEVELOPMENT-214-REVISION9-
COMMERCIAL) TOATTACH A DETAIL SITEPLAN FOR A 581-
SQUARE FOOT BUILDINGWITH DRIVE-THRU ON0.7 ACRES OF
LAND, LOCATED ON THEWEST SIDE OF S. DENTON TAP ROAD,
APPROXIMATELY 400 FEET SOUTH OF W. SANDYLAKE ROAD,
AND BEING MORE PARTICULARLYDESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN;PROVIDING
FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN,
BUILDING ELEVATIONS, AND SIGN PLAN, ATTACHED HERETO AS
EXHIBITS “B” THROUGH “E”;AND PROVIDING FOR
DEVELOPMENT REGULATIONS;PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVEDATE.
.
DULY PASSEDby the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2019.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
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MEMORANDUM
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Date: January14, 2020
Reference: Consider an ordinance of the City of Coppell, Texas, Amending the Code of Ordinances
by amending Chapter 1 ‘Administration’, by adding Article 1-17 ‘Coppell Arts Center’;
providing for establishment, providing for operation by City Manager, providing for
authority and reporting; providing a repealing clause; providing a severability clause; and
providing an effective date; and authorizing the Mayor to sign
2030: Excellent City Services with a High Level of Customer Satisfaction and Experience
Introduction:
The Parks and Recreation Department requests an ordinance change which establishes the Coppell
Arts Center, formalizing the authority for the City Manager to operate and maintain the Arts Center
in Old Town Coppell, including entering into agreements to benefit the daily operation, enhancing
the experiences and programs at the facility and hiring the staff to properly operate the venue.
Legal Review:
Agenda item has been created by legal counsel.
Fiscal Impact:
This item does not have a known fiscal impact.
Recommendation:
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 1
‘ADMINISTRATION’, BY ADDING ARTICLE 1-17 ‘COPPELLARTS
CENTER’; PROVIDING FOR ESTABLISHMENT, PROVIDING FOR
OPERATION BY CITY MANAGER, PROVIDING FOR AUTHORITY AND
REPORTING; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 1 “Administration” of the Code of Ordinances be, and the same
is hereby amended by adding Article 1-17 “Coppell Arts Center”, which shall read as follows:
“Chapter 1 –ADMINISTRATION
. . . . .
ARTICLE 1-17 Coppell Arts Center
Sec. 1-17-1 Established
There is hereby established a Coppell Arts Center at the facility located at 505
Travis, Coppell Texas; and, the same is hereby dedicated for the use of performing and
fine arts, programming and other appropriate events for use and participation by the
citizens and general public.
Sec. 1-17-2 Operation by City Manager / Rental Fees
A. The City Manager shall provide for the operation, maintenance and performance
and/or display of performing and fine arts at the Coppell Arts Center; and, is
authorized to enter into appropriate agreements concerning the operation of such
facility subject to the ordinances and policies adopted by City Council.
B. The City Council shall by resolution authorize the establishment of such rental
fees and charges for use of such facility.
Sec. 1-17-3 Authority / Reporting
TM 113106
The City Manager shall be authorized to enter into appropriate agreements for use,
operation, sponsorship, interim naming rights, and advertising activities at theCoppell
Arts Center and provide to the Council periodic reports and/or advisements concerning
such activities. The City Council shall receive an annual report from the City Manager or
designee, which shall summarize all expenditures and receipts for the Coppell Arts
Center.”
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
and the publication of the 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 January
2020.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
2
TM 113106
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MEMORANDUM
To:Mayor and City Council
From: Danny Barton, Chief of Police
Date:January 7, 2020
Reference:Coppell ISD Interlocal Agreement
The City of Coppell has provided school resource officers to the Coppell Independent School District for
over 20 years. The number of School Resource Officers has expanded over those years. School safety
continues to be a priority of the Coppell Police Department as well as CISD. The partnership between The
City of Coppell and CISD has been and continues to a successful relationship.
Previously, the only agreement between the City of Coppell and CISD was a Memorandum of
Understanding that only addressed the reimbursement of wages earned by police officers at CISD
extracurricular events. The Memorandum of Understanding did not address any of the roles and
responsibilities related to the School Resource Program.
After consulting with City Attorney Bob Hager, an Interlocal Agreement between the City of Coppell and
CISD was drafted and sent to the CISD Board of Trustees. This new agreement defines the roles and
responsibilities of both the City of Coppell and CISDas they pertain to school resource officers. The
extracurricular wage reimbursement is also addressed in this ILA.
The CISD Board of Trustees authorized and signed this Interlocal Agreement on October 28, 2019.
This ILA has no additional financial or operational impact on the current City of Coppell School Resource
Officer Program.
The ILA will be in effect through May 23, 2020. A new interlocal Agreement will be drafted prior to the
beginning of the 2020 – 2021 school year.
1
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RESOLUTION NO. _____________
A RESOLUTION OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, CASTING ITS VOTE
FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL
APPRAISAL DISTRICT.
WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows
for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas
Property Tax Code) as follows:
1. The City of Dallas shall appoint one (1) member to the Board.
2. The Dallas Independent School District shall appoint one (1) member to the Board.
3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member
appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or
the Dallas Independent School District.
4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate
by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities
and towns shall, from the nominations received, elect by a majority vote, with each city and town being
entitled to one (1) vote, the fourth member of the Board of Directors.
5. Each of the School Districts, and the Dallas County Community College District, except the Dallas
Independent School District, shall have the right to nominate by an official resolution one ( 1) candidate as
the fifth member of the Board of Directors. The said school districts shall, from the nominations received,
elect by a majority vote, with each school district and the community college district being entitled to one
(1) vote, the fifth member of the Board of Directors.
The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those
authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and
WHEREAS, the City of Coppell does hereby cast its vote by marking the ballot below: (Check one only)
0 Michael Hurtt
0 Mona Dixon
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS: does hereby confirm its one (1) vote for the election of __________________
as the suburban cities’ representative to the Board of Directors of the Dallas Central Appraisal District.
DULY PASSED AND APPROVED, by the City Council of the City of Coppell, Texas this
_______ day of ________________, 2020.
APPROVED:
___________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________________
ROBERT E. HAGER, CITY ATTORNEY
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MEMORANDUM
To: Mayor and City Council
From: Mike Land, City Manager
Date: January 14, 2020
Reference: Report on Texas Administrative Code Rule 3.334, concerning proposed changes
to local sales and use tax sourcing
General Information:
A 2018 U.S. Supreme Court decision, South Dakota v. Wayfair, Inc., allows local taxing
jurisdictions to require out-of-state remote sellers to collect local sales or use taxes on items that
are delivered into their city. The Texas legislature passed two bills, HB 1525 and HB 2153 bill,
in the 2019 session to address this issue, and the Texas Comptroller of Public Accounts has
already put rules into place to allow the State and local entities to collect interstate generated
sales and use taxes.
Recently, the Texas Comptroller recommended additional policies that would substantially
negatively impact Coppell and many other communities by changing 70 years of traditional sales
and use tax collections.
Currently, Coppell receives the sales and use tax generated by a sale if an individual or another
business orders items from one of the warehouses, distribution or fulfillment centers located
within Coppell, no matter where that person or business resides or is located within the state.
rules, the sales and use tax would instead be designated for
the city where the product is delivered even though the sale is consummated and fulfilled in
Coppell.
The sales and use tax revenue that is currently collected in Coppell is used by the City to provide
all the public services required to not only support the warehouses, distribution and fulfillment
centers that are receiving the sales order and delivering the product, but to also maintain a high
quality of life for Coppell residents. These sales and use tax revenues allow Coppell to provide
residents and businesses with vitally important municipal services such as police, fire protection
and paramedic services, along with well-maintained streets and medians, parks, utilities and
other crucial infrastructure. If this revenue stream, which is estimated to be approximately 60%
eliminated under the
rules, city services will be negatively impacted, which will ultimately impact the Coppell
community.
This is a radical change, not envisioned by the Texas Legislature when they passed HB 1525 and
HB 2153 during the last legislative session. This change would have a devastating impact on
Coppell and many other Texas cities. The approach proposed by the Texas Comptroller would
disrupt decades of established local sales tax sourcing rules. Coppell and other cities are asking
the Comptroller of Public Accounts to reconsider the current proposed rules and to keep the
current origin sourced sales and use tax collection process in place. The City of Coppell is
prepared to take additional steps if necessary, should the State Comptrce not amend
the language as currently published and as requested.
Q&A
How much money would this change cost Coppell?
If the proposed rules went into effect this April, Coppell would lose approximately $6 million in
sales tax revenue, or $12 million annually from the General Fund alone. The total Fiscal Year
2019-2020 budget approved by the Coppell City Council amounts to $73 million. In total, the
annual sales tax revenue reduction for all funds, including the General Fund, the Coppell
Recreation and Development Corporation, the Street Maintenance Fund and the Crime Control
District would be approximately $24 million.
What would this mean for city services?
Twelve million dollars is approximately 16% percent of the C
City of Coppell management team is currently working on strategies to address this reduction in
revenue, should the proposed rule changes be adopted. With such a significant reduction, it is
possible that some services could be eliminated or scaled back, and some projects could be
delayed.
y taxes to make up the difference?
The decision to raise property rests with the Coppell City Council, and, if necessary, Coppell
voters. However, raising property taxes is certainly not the first option being considered to
address this issue.
Ironically, the state legislature, just this past session, made it more difficult for cities to raise
property taxes. Additionally, the annual loss of nearly $12 million in sales and use tax revenue
to the General Fund far exceeds any additional property tax revenue that could be realized as a
result of growth or increased property tax collections on existing property.
What other cities would be impacted?
Unfortunately, it is unclear how many cities would be impacted because neither the State of
Texas nor the State Comptroller have performed any analysis on the impact of this proposed
change. The Speaker of the Texas House of Representatives recently charged the House Ways
and Means Committee to specifically study the
method of sales and use tax collections, from origin based sourcing to destination based
sourcing, as proposed by the State Comptroller with this new rule.
Several cities throughout the State whose economic
have joined together for the purposes of working with the Comp
issue.
Does South Dakota v. Wayfair, Inc. require the comptroller to make these rules?
in the S.D. v. Wayfair case was specific to interstate sales,
allowing states like Texas and their local jurisdictions to collect sales and use tax on purchases
that are consummated with out-of-state remote sellers. During the 2019 legislative session, the
State of Texas Legislature approved two pieces of legislation, HB 1525 and HB 2153 that
addressed these types of interstate transactions. The State of Texas Comptroller of Public
Accounts has already put into place the necessary rules authorizing the collection sales and use
taxes from these interstate sales. The proposed rules, as currently published, go beyond the
intent of the State Legislature. Changing how sales tax is
sourced within the State of Texas is a legislative issue, not a bureaucratic process.
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