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CP 2000-07-11 NOTICE OF CITY COUNCIL MEETING AND AGENDA JULY 3.1, 2000 CANDY SHEEHAN, LARRY WHEELER, Place 6 Mayor Mayor Pro Tern GREG GARCIA, Place i MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 DOUG STOVER, Place 5 PAT KEENAN, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Executive Session6:00 p.m. 1st FI. Conf. Room(Closed to the Public) Work Session Immediately Following Ist Fl. Conf. Room(Open to the Public) Regular Session 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, July 11, 2000, at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag07112000 Page I of 7 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code Consultation with City Attorney. 1. Update on Cerulean regarding possible settlement. 2. Zoning Case #ZC-605(CH). B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Deliberation on Exchange and Value of Real Property on East Sandy Lake for Water Utility Purposes. WORK SESSION (Open to the Public) 3. Convene Work Session A. Budget Update - General Fund and Capital Improvements. B. Freeport Exemption Update. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Report by Coppell Economic Development Committee. 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: June 27, 2000. j..) ¢r''''r3 B. Consider award of Bid No. Q-0500-02 to supply Fertilizer and f--~ Chemicals for the Parks, Rights-of-Ways and Ballfields. ~ C.1 ~(.~ C. Consider approval of an Ordinance for the proposed amendments to the Land Use Map of the Comprehensive Plan, and authorizing the Mayor to sign. I 3 ¢~-j~C-5 D. Consider approval of an Ordinance for Case No. PD-185, Coppell Industrial Addition, zoning change request from LI (Light Industrial) agO7112000 Page 2 of 7 ITEM # ITEM DESCRIPTION to PD-185-LI (Planned Development-185, Light Industrial), to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. PD-133R2, Magnolia Village (known as Magnolia Park), by amending the planned development conditions to attach a detail site plan to allow the development of a 15,600 square foot retail building on approximately 2.10 acres of property along the west side of N. Denton Tap Road and south of S.H. 121, and authorizing the Mayor to sign. F. Consider approval of correcting Ordinance No. 2000-910, pertaining ~ ~,~-~ to the renaming of Hawken Drive, by changing all references to Lot 16A to 16B, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for a proposed text change to amend a portion of Section 27-1 of the Coppell Zoning Ordinance, PD Regulations, to allow the Board of Adjustment to grant variances 3F)~3C_5 as they relate to placement of fences within Planned Development Districts, and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. S-1173, Sprint PCS Antenna, zoning change request from C (Commercial) to C-S.U.R (Commercial, Special Use Permit) to allow the construction of a 65'- iO~.~)t,-~ high monopole to accommodate the Sprint PCS wireless communication antennae and CISD two-way radio antennae, as well as 4 equipment cabinets at the base of the tower at Coppell Middle School West Campus, 1301 Wrangler Road, and authorizing the Mayor to sign. -~p~D~.,~ I. Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and AT&T for use of the right-of-way to install telecommunications lines and related appurtenances; and authorizing the Mayor to sign. END OF CONSEN"I: 9. Consider approval of an Ordinance for Case No. PD-183, Coppell High School, zoning change request from C and SF-12 (Commercial and Single- a 6' screening fence with landscaping along the northern edge of the new agO71120O0 Page 3 of 7 ITEM # ITEM DESCRIPTION parking lot, the construction of concession stands and a press box, the expansion of the football stadium, construction of a multipurpose building, tennis court, tennis center, storage facility and additional parking on property located at 185 W. Parkway Boulevard, and authorizing the Mayor to sign. 10. Consider approval of an Ordinance for Case No. ZC-609(CH) to consider a change in zoning from TC (Town Center) to SF-7 (Single Family-7) on pc~-~ approximately 26 acres of property located east of Heartz and north of Sandy Lake Roads, and authorizing the Mayor to sign. 11. Consider approval of an Ordinance for Case No. ZC-607(CH), zoning change from LI (Light Industrial) to R (Retail) on 8.7 acres of property (~,~c~) located at the southeast corner of Sandy Lake Road and State Road, and authorizing the Mayor to sign. 12. Consider approval of an Ordinance for Case No. ZC-606(CH), zoning change from A (Agriculture) to SF-12 (Single Family-12) on approximately (:~D,,~,.$ 15.75 acres of property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor, and authorizing the Mayor to sign. 13. Consider approval of an Ordinance for Case No. ZC-605(CH), zoning change request from A (Agriculture) and R (Retail) to SF-12 (Single Family- p,~,~t.,5 12) on approximately 24.7 acres of property located along the north side of DeForest Road, east of MacArthur Boulevard, and authorizing the Mayor to sign. 14. Consider approval of an Ordinance for Case No. S-1176, Jack In The Box Restaurant, zoning change request from (LI) Light Industrial to LI-S.U.R (Light Industrial, Special Use Permit), to allow the construction of a 2,742 F)<:x~¢5 square foot fast food drive throueh restaurant on approximately i acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road, and authorizing the Mayor to sign. 15. Consider approval of an Ordinance for Case No. PD-176R, McMillan Estates, zoning change request for property zoned PD-176, (Planned Development-176, Single Family-9), by amending the planned development conditions to permit an extension of a 54" reinforced concrete pipe ~""% eastward for an approximate distance of 155' and the installation of a stone headwall on 1.49 acres of property located along the north side of Bethel Road, approximately 120' east of Hearthstone Lane, and authorizing the Mayor to sign. agO7112000 Page 4 of 7 ITEM # ITEM DESCRIPTION 16. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. ZI~A~'5 The property to be considered for Reinvestment Zone designation is that property owned by PSI Net Realty Inc., described as Northlake 635 Business Park, a minor plat, Block B Lot 2 (6.527 acres) and located at 1333 Crestside Drive, Coppell, Texas. 17. Consider approval of an Ordinance designating the PSINet Realty Inc. ~'~C,S; property as Reinvestment Zone No. 27, and authorizing the Mayor to sign. 18. PUBLIC HEARING: Consider approval of Case No. ZC-604(CH) zoning change from MF-2 (Multi 6) ,,~f,,5 Family-2) to PD-MF-2 (Planned Development, MF-2) on approximately 3.6 acres of property located along the west side of Harris Street, north of Bethel School Road. 19. PUBLIC HEARING: Consider approval of Case No. PD-176R2, McMillan Estates, PD , Amendment, to allow the development of two (2) single-family homes on C,~ approximately 1.04 acres of property and to establish SF-9 zoning on approximately 0.46 acres to allow two tracts to be incorporated into existing adjacent lots in the Old Coppell Estates subdivision located along the north side of Bethel Road. 20. Consider approval of the Bethel Road Estates, Phase II Lots I and 2, Block 1, Minor Plat, to allow the development of two (2) single-family homes on ~:~)~__~ approximately 1.04 acres of property along the north side of Bethel Road, approximately 120 feet east of Hearthstone Lane. 21. PUBLIC HEARING: Consider approval of the Old Coppell Estates, Replat of Lots 15 and 16, 3pe,,,~ Block 1, to allow the incorporation of approximately 0.093 of an acre of prop.erty to Lot 15R and approximately 0.25 of an acre of property to Lot 16R located east of Hearthstone Lane; north of Bethel Road. 22. PUBLIC HEARING: Consider approval of the Lake Park Addition, Replat of Lot 15, Block E, to 3,~--,~ allow for the incorporation of approximately 0.5 of an acre of property into Lot 15R located at 579 Lake Park Drive. 23. PUBLIC HEARING: Consider approval of the Riverside Church of Christ Addition, Replat, to r,~ allow the construction of a two-story addition to the existing church and ag07112000 Page 5 of 7 ITEM # ITEM DESCRIPTION additional parking spaces on 6.5 acres of property located at 150 E. Beltline Road. 24. Consider approval of the Coppell Center for the Arts, Amended Site Plan, to /O,~3t,,,~ allow for an amendment to the parking plan on approximately one acre of property located on the west side of Moore Road; south of Sandy Lake Road. 25. Consider approval of accepting the resignation of Pamela Kurtzman from p~ Or"~J¢'~ the Coppell Economic Development Committee and appointing a replacement. I L/, i0~,.~)t,-26.Presentation by Arthur Kwast regarding disabled parking at the Arts Center. 27. Necessary action resulting from Work Session. 28. City Manager's Report. A. Budget Process Schedule. 29. Mayor and Council Reports. A. Report by Mayor Sheehan regarding 4th Of July Parade. B. Report by Mayor Sheehan regarding Grand Opening of the Aquatic/Recreation Center. C. Report by Mayor Sheehan regarding Coppell Animal Services and Adoption Center. D. Report by Councilmember Keenan regarding TU Electric°s street lights that have been out for some time. E. Report by Councilmember Peters regarding National Night Out. 30. Necessary Action Resulting from Executive Session. A. Discussion and consideration of proposed Cerulean settlement. Adjournment. Candy Sheehan, Mayor agO7112000 Page 6 of 7 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this day of , 2000, at Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S WEBSITE (www. ci.coppell.tx. us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make 'arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag07112000 Page 7 of 7 *~' ~' :~~ITY~ COUNCIL MEETING: July 11, 2000 ITEM EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Update on Cerulean regarding possible settlement. 2. Zoning Case #ZC405(CH). B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Deliberation on Exchange and Value of Real Property on East Sandy Lake for Water Utility Purposes. SUBMITtED BY: Jim Witt TITLE: City Manager INITIALS ~' · ~" '~ CITY COUNCIL MEETING: July 11, 2000 ITEM WORK SESSION A. Budget Update - General Fund and Capital Improvements. B. Freeport Exemption Update C. Discussion of Agenda Items. CITY MANAGER'S REVIEW: ~. "' ~- ' ' ~~ C~Y~~ CO~C~ MEET~G: July 11, 2000 ITEM ITEM CAPTION: Report by Coppell Economic Developmere Committee. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIE : AgendaRequestForm- Revised 5/00 DocumentName: %brdreptdoc CITY COUNCIL MEETING: July l 1, 2000 ITEM # 7 CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINlED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1 - 10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE 1-10-6.2.1 Subjects Not Appearing on the Agenda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S REVIEW: CITY COUNCIL MEETING:^ 8~ July 11, 2000 ITEM # j'- ITEM CAPTION: Consider approval of minutes: June 27, 2000. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ 4-\-BID FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER Agenda Request Form o Revised 5100 Document Name: %minutes MINUTES OF JUNE 27, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 27, 2000, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Pat Keenan, Councilmember Councilmember Bill York was absent. Also were City:, Manager Jim Witt, City Secretary Libby Ball and Ci' .... bliC) REGULAR SESSION " :.'" Pu 1. Call to order. Mayor Sheehan aed~ii meetin order and adjourned into Executive g to Session. " . :'..': ' ""' ............ '="5'.':' · .""' :~'..:.. :.' ,ii5.,!,' !':.C ','. :. · '..' EXECUTIVEiLSER~fiOR:'.::5.:';':'. "'/i {Closed to the Public) 2. Convene EX~cutiv~"':Session A. "SectiOn 551.071, Tens Government Code - Consultation with' 'City Attorney. 1. Zoning Case #ZC-605 {CH). Sheehan convened into Executive Session at 6:10 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:58 p.m. and opened the Work Session. CMJune 27, 2000 Page 1 of 6 WORK SESSION {Open to the Public) 3. Convene Work Session A. Discussion of Agenda Items. B. Mayor and Council Budget 1} Discussion of Service Organization Funding Levels 2) Line Item Detail REGULAR SESSION {Open to the Public) 4. Invocation. Pastor Ken Hovland, Rejoice Lutheran Church, led those :~sent in the invocation. i~iiii~ ...: · 5. Pledge of AHegiance. Mayor Sheehan led those present in :~ipledge ~llegiance. 6. Presentation of a plaque honoring Tim Brancheau for being nominated to receive the 2000 Governor's Volunteer Award in recognition'.'of'outStanding service to the citizens of Coppe11. Presentation: Mayor 9:heehi:afi!Li~a!sented ~!i~im BranCheau with a plaque honoring his nomination to receive the 2000 Governor's Volunteer Award in recognition of his outstanding service to the citizens of Coppell. Consider approval of a Proclamation proclaiming July 24th thru :!!ii!~:!!Jllly 29th as "MeGruffs 20th Birthday Week", and providing City Council support and endorsement of McGruff's 20th Birthday Week activities and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the Proclamation for the record and presented the same to McGruff and Coppell Police Officer Mary Seek. CMJune 27, 2000 Page 2 of 6 Action: Councilmember Tunnell moved to approve a Proclamation naming July 24th thru July 29th as "McGruffs 20th Birthday Week." Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell and Stover voting in favor of the motion. 8. Presentation of a plaque made from the last Liberty Tree by the Peters Colony Daughters of the American Revolution. Presentation: Andi Case presented a "Liberty Tree" plaque to the Ci~' ofxxCoppell from the Peters Colony Daughters of the American Revolution. 9. Citizen's earances There was no onc signed up 10. Consider approval of the following consent ag ~!;! Consider approval of minutes: June 13, 2000. ~i~ii:?j!!~iii!iii~ B.Consider' approval of an ordinance establishing the i!!~!ii!i!!!i~,i~i~maximum permitted equipment rate charged by Paragon iiiiii~?i~i Cablel 'and authorizing the Mayor to sign. C. Consider approval of an ordinance setting the maximum permitted basic service tier rates charged by Paragon : iii; Cable; and authorizing the Mayor to sign. Consider approval of a resolution authorizing Dallas County Commissioners Court to carry forward the current City of Coppell CDBG funding, to fiscal year 2000-2001, and authorizing the Mayor to sign. E. Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and Communication Systems Development, Inc. d/b/a Metromedia Fiber Network Services Texas, Inc. for use of CMJune 27, 2000 Page 3 of 6 the right-of-way to install telecommunications lines and related appurtenances; and authorizing the Mayor to sign. F. Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and Caprock Telecommunications Corporation for use of the right-of- way to install telecommunications lines and related appurtenances; and authorizing the Mayor to sign. Action: Mayor Pro Tem Wheeler moved to approve Consent Agenda I,tei=ms A, B carrying Ordinance No. 2000-913, C carrying Ordinance D carrying Resolution No. 2000-0627.1, E and F. Councilmember Tunnell seconded the motion: the motion carried 6-0 with Mayor Pro Tom Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell and Stover voting in favor of the motion. Retreat held on June 9 and 10, 2000. Presentation: ~ .'.'.' .:.. -.....~ Jim Witt, City Manager, made a presentation to the Council. Issues Discussed: ~! The City of Coppell City ~hncil discussed the following goals at their Park Land Acquisition; Homestead Exemption; Cemetery; Landscape Techniques; Community Events; Employee Retention; Landscape Entries; and Olympics 20 12. CMJune 27, 2000 Page 4 of 6 Action: Councilmember Garcia moved to approve these goals. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell and Stover voting in favor of the motion. 12. City Manager's Report. A. Update on Wagon Wheel and MacArthur Parks. A. Jim Witt, City Manager, updated Council on the progress made at MacArthur Park and Wagon Wheel Park 13. Mayor and Council Reports. A. Report by Mayor Sheehan regarding the Op~ning of the Aquatics/Recreation Center. B. Report by Mayor Sheehan the i~4th Of JUly a c t ivit ie s. '!~!!!~i!i~?~!!~!~ C. Report by Councilmember Peters regarding Grapevine Springs Park Commemoration Celebration on September 23', 2000. !A. Mayor Shcehan reported on the fantastic success of the opening of the Aquatics/Recreation Center. B. Mayor Sheehan announced the upcoming 4t.l~ of ,July activities for :~ the citizens of Coppell. They are as follows: the 4'~, of July parade, ,~:~:~,~?~ the grand opening of the Aquatic/Recreation Center and the firc~vorks at Andy Brown Park East. C. Councilmember Peters announced that the Grapevine Springs Park Commemoration Celebration will be held 11:00 a.m. - 5:00 p.m. on September 23, 2000. 14. Necessary Action Resulting from Executive Session. There was no action necessary under this item. CMJune 27, 2000 Page 5 of 6 WORK SESSION {Open to the Public) 15. Convene Work Session A. Continuation of Mayor and Council Budget, if necessary 1) Discussion of Service Organization Funding Levels 2) Line Item Detail REGULAR SESSION {Open to the Public} 16. Necessary action resulting from Work Session. There being no further business to come before.the Ci!ty Coun~!iii! the meeting was adjourned. i. !~, ... :: ,!.,CandySheehan, May6i:'i'ii 5:. : ..:.. ,. ATTEST: ~.:: Libby Ball, City Secretary CMJune 27, 2000 Page 6 of 6 III I L AGENDA REQUEST FORM The ~ ~ A Bea~ ~ CI~ CO~C~ ~ET~G: July 11, 2000 ITEM ~ ~ I, I ITEM C~TION: Consid~ awed of Bid No. Q-0500-02 to supp~ F~liz~ ~d Che~s for ~e P~B, ~B-of-Ways and Ba!lfiel~. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: The Parks and Leisure Services Department bid the attached Fertilizers and Chemicals for an annual purchasing contract. The contract will allow for the purchase of these materials on an as needed basis. It is recommended this bid be awarded m two separate vendors. Estes Supply and United Horticultural Supply Company have submitted the low price on several items each. These items will be purchased, as necessary, from the low bidder. BUDGET AMT. $ AMT. EST. $ +\-BID $ '\ FINANCIAL COMMENTS: Funds for this item have been budgeted in the Parks, Right-of-l~lay and Ballfi~ ~aintenance Budgets. DIR. INITLALS:~. ~. FIN. REVIEW: & CFFY MANAGER REVIEW: l CITY OF COPPELL LEISURE SERVICES DEPARTMENT Memorandum Date: June 5, 2000 To: Gary Sims, Director of Leisure Services From: R.D. Slayton, Park Operations Superintendent RE: Bid No. Q - 0500 - 02 Fertilizer &Chemicals Staff has carefully considered the request for Bid No. Q - 0500 - 01 and found Estes Chemical Inc. and United Horticultural Supply to be lowest qualified bidders. It's my recommendation that the Chemical bid be split and awarded to reflect the lowest qualified bidders as follows: Chemicals: Vendor: Description: Price: Estes Trimec 992 $43.49 Estes Trimec Plus w/MSMA and 2,4D $67.24 Estes Finale' $125.48 Estes Diazinon 14G $61.20 Estes Diazinon 14E $28.39 Estes Lindane 20EC $59.00 E stes Oust $ 515.00 Estes Manage $72.49 Estes Image $181.23 Estes Blaze-On $72.49 Estes Rodeo $229.73 Estes Aquashade $29.64 Estes Curtine-Plus $15.20 Estes Merit $95.89 Estes Nutra-Sol $4.84 Estes PT-515 Wasp Spray $3.84 Estes Primo $331.25 Estes Cleareyes 3336 $36.20 Estes Daconil Weatherstik $160.00 Estes Atrimec $204.00 Estes Spimax $55.00 Estes Snapshot $51.50 Estes Plateau $299.52 Estes Fusilade II $40.75 Estes Pendulum $92.25 Vendor: Description: Price: United Horticultural Supply MSMA $40.89 United Horticultural Supply Confront $43.55 United Horticultural Supply Orthene $9.89 United Horticultural Supply Gallery $100.79 United Horticultural Supply Barricade $170.73 United Horticultural Supply Round-Up Pro $83.93 United Horticultural Supply Award $154.63 United Horticultural Supply Surflan $166.70 United Horticultural Supply Surfactant $5.39 United Horticultural Supply Defoamer Additive $3.89 United Horticultural Supply Banner $263.16 United Horticultural Supply Daconil Weatherstrip $160.00 United Horticultural Supply Kerb $75.73 Fertilizer: Staff recommends that the Fertilizer Bid be split and awarded to reflect the lowest qualified bidders as follows: Vendor: Decscription: Price: Estes Osmocote $44.83/40 lbs. Estes 15-5 - 10 w/9%, Sulpher Coat Urea $249.94/ton United Horticultural Supply 15-5-10 w/9% Sulpher, Quick Release $4.02/50 lbs. United Horticultural Supply 21-0-0 Quick release $3.63/50 lbs. United Horticultural Supply 10-5-20 (Winterizer) $4.26/50 lbs. United Horticultural Supply 22-2-5, .86% Pendlimethlin $10.94/50 lbs. United Horticultural Supply 0-0-13, .86% Pendlimethlin $9.34/50 lbs. United Horticultural Supply 10-0-20 Estate w/Surflan and Gallery $32.07/50 lbs. United Horticultural Supply 15-5-10 w/9%. Sulpher, Quick Release $160.80/ton United Horticultural Supply 21-0-0 Quick Release $145.20/ton United Horticultural Supply 10-5-20 (Wimerizer) $170.40/ton United Horticultural Supply 22-2-5, .86% Pendlimethlin $437.89/ton United Horticultural Supply 0-0-13, .86% Pendlimethlin $373.68/ton United Horticultural Supply 10-0-20 Estate w/Surflan and Gallery $1282.80/ton United Horticultural Supply 15-5-10 SCU, 87% SCU $257.89/ton United Horticultural Supply 15-5 - 10 w/9% Sulphur, Quick Release $195.79/ton United Horticultural Supply 21-0-0 Quick Release $192.63/ton United Horticultural Supply 15-5-20 (Winterizer) $193.68/ton As the projected cost of purchasing these products on an as-needed basis will exceed $50,000.00, this information will need to be placed on the City Council's agenda for approval. If you have questions, comments, or concerns do not hesitate to contact me interoffice at 3554. /ds cc. Jim Ragsdill, Purchasing Agent COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for the proposed amendments to the Land Use Map of the Comprehensive Plan, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council unanimously voted to approve these amendments to the Comprehensive Plan (7-0). Staff recommends approval. DIR. INITIALS: ~ FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: @LandUso AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN BY PROVIDING NEW DESIGNATIONS FOR SPECIFIC TRACTS OF LAND AS DESCRIBED HEREIN; AUTHORIZING THE DIRECTOR OF PLANNING AND COMMUNITY SERVICES TO AMEND THE LAND USE MAP IN ACCORDANCE WITH EXHIBITS "A" THROUGH "N", RESPECTIVELY, WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the Land Use Map of the Comprehensive Plan be amended, in part, by providing new designations on certain tracts of land as follows: A. Approximately 38 acres West of State Road, North of Ruby Road, currently designated as Light Industrial/Showroom shall be designated Park/Open Space (Exhibit "A"); B. Approximately 37 acres East of Coppell Road, South of Bethel School Road, currently designated as Light Industrial/Showroom Medium Density Residential shall be designated Public/Institutional (Exhibit "B"); C. Approximately 14 acres West of West Parkway Boulevard, South of Cottonwood Branch, currently designated Flood Plain/Greenbelt shall be designated Public/Institutional (Exhibit "C"); D. Approximately 21 acres East of Coppell Road, approximately 967 feet north of Parkway Boulevard, currently designated Medium Density Residential shall be designated High Density Residential (Exhibit "D"); E. Approximately 4 acres West of Denton Tap Road, North of State Highway 121 Bypass, currently designated as Regional Retail shall be designated Medium Density Residential (Exhibit "E"); 34676 F. Approximately 8 acres East of Denton Tap Road, North of State Highway 121 Bypass, currently High Density Residential shall be designated Regional Retail (Exhibit "F"); G. Approximately 10 acres located at London Way and Westbury Drive currently designated Public Institutional shall be designated Medium Density Residential (Exhibit "G"); H. Approximately 5 acres located at the Northeast Comer of Sandy Lake Road and Samuel Boulevard currently Neighborhood Retail shall be designated Public/Institutional (Exhibit "H"); I. Approximately 2.6 acres North of Beltline Road, East of Mockingbird Lane, currently designated Neighborhood Retail shall be designated Medium Density Residential (Exhibit 'T'); J. DeForest Road, East of MacArthur, approximately 10 acres currently designated Public/Institutional shall be designated Medium Density Residential (Exhibit "J"); K. DeForest Road, West of Denton Creek, approximately 36 acres currently designated Flood Plain/Greenbelt shall be designated Low Density Residential (Exhibit "K"); L. Approximately 17.6 acres located on Sandy Lake Road, West of Denton Creek, currently designated Flood Plain shall be designated Mixed Use (Exhibit "L"); M. South side of Beltline Road, approximately 2,100 feet east of MacArthur Boulevard, approximately 38 acres currently designated Light Industrial/Showroom shall be designated Residential High Density (Exhibit "M"); N. Approximately 27 acres located on Natches Trace Drive, East of Denton Tap Road, currently designated Medium Density Residential shall be designated Public/Institutional (Exhibit "N"). SECTIO N2. That the Director of Planning and Community Services is hereby authorized and directed to amend the Land Use Map of the Comprehensive Plan as depicted on Exhibits "A" through "N", respectively, attached hereto and made a part hereof for all purposes. 34676 SECTION 3. 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 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ., 2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 3 34676 APPRO~ AS ~ FORM: ROBERT E. H~Ed, CITY ATTORNEY (REH/cdb 06/30/00) 4 34676 Z Z × UJD ,. fi~, ILl r~ ~ o ~~~Z o o ~°~~'~o o~~o z- 0 0 X ftl 14~ de1 um, ueQ Z ~OLU LU~ LUz o o LU Z~IZ(~ZOn 0 L~ _1 4: Z COUNCIL MEETING: July 11, 2000 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-185, Coppell Industrial Addition, zoning change request from LI (Light Industrial) to PD-185-LI (Planned Development-185, Light Industrial), to allow a phased development of 2 office/warehouse facilities totaling 1,900,000 square feet of space on approximately 100 acres of property located along the north side of W. Bethel Road and 50' east of N. Royal Lane, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 9, 2000, City Council unanimously voted to approve this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~~' FIN. REVIEW: ~? CITY MANAGER REVIEW: Agenda Request Form- Revised 5/00 Document Name: @PD 185o 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 "LI" (LIGHT INDUSTRIAL) TO "PD-LI" (PLANNED DEVELOPMENT-185, LIGHT INDUSTRIAL) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS FOR OFFICE/WAREHOUSE FACILITIES; PROVIDING FOR A SITE PLAN, PHASE I PLANNING PLAN, PHASE I KEY SHEET, PHASE I AND II CONCEPT LANDSCAPING PLAN, PHASE I IRRIGATION AND BUILDING ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C", "CI", "D", "E" AND "F", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-185 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "PD- LI" (Planned Development 185-Light Industrial) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 33991 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth and as further conditions, the Site Plan, Phase I Planning Plan, Phase I Key Sheet, Phase I and II Concept Landscaping Plan, Phase I Irrigation and Building Elevations, attached hereto and incorporated herein as Exhibits "B", "C", "C 1 ", "D", "E", and "F" respectively: A. All HVAC units shall be screened from public view on the North and South ends of the building, subject to approval by the Fire Marshal pursuant to the ordinances of the City. B. Payment in the amount of $58,400.00 shall be made to the Coppell Reforestation and Naturalization Fund for the reparation of 584 caliper inches of removed trees. C. Prior to the issuance of the Certificate of Occupancy, the site must comply with all City Codes and Ordinances, except as provided herein: 1. Signage shall comply with the provisions of the Zoning Ordinance allowing for one (1) 120 square foot sign straddling the common property lines between Lots 1 and 2 along Bethel Road. No other detached signage shall be permitted within this Planned Development. 2. The parking provided under this Planned Development shall be in accordance with the Zoning Ordinance in ratio and in proportion to the use that is provided at the time of the issuance of the Certificate of Occupm~cy, except that warehousing parking will be a minimum of one (1) space per 5,000 square feet of floor area. 3. That the minimum required landscaping shall be met with ultimate parking (per Zoning Ordinance requirements) or any other approved parking ratios in place subject to: The Detention Easement in conjunction with the total site area of Phase I and Phase II provides an additional 159,935 S.F. (3.67 acres) above and beyond the required non-vehicular Open Space Area as described in the City of Coppell Zoning Ordinance No. 91500, Section 34, such that all other requirements pertaining to street buffers, tree plantings, screening, tree mitigation, etc. shall be met with each subsequent development. 2 33991 SECTION 3. That the Site and Elevation Plan, Zoning Exhibit, Concept Planting and Irrigation Plan, and Site Parking Plan, attached hereto and incorporated herein as Exhibits "B", "D", and "E" respectively, and made a part hereof for all purposes, are hereby, approve& 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 all provisions of the Ordinances of the City of.Coppell, Texas, in conflict with the provisions of this ordinance be, and the stone are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not aft~ct the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 3 33991 SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: 4 33991 LEGAL DESCRIPTION PROPOSED PD-LI ZONING BEING a 99.97 acre tract of land situated in the City ofCoppell, S.A. and M.G.R.R. Survey, Abstract No. 1439, Dallas County, Texas and being all of that certain tract of land conveyed to Coppell Industrial N.V. as evidenced by deed recorded in Volume 82071, Page 1061, Deed Records Dallas County, Texas and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod with a LJA cap in the south line of future Creekview Drive; THENCE North 89006'46'' East, a distance of 2028.62 feet to a found 8 inch wood fence post; THENCE South 00004'24" East, a distance of 1886.68 feet to a found 5/8 inch iron rod with a RPLS 1970 cap; THENCE South 11°49'07'' East, a distance of 151.79 feet to a found 5/8 inch iron rod with a RPLS 1970 cap; THENCE South 00°28'58" East, a distance of 185.98 feet to a found 1 inch iron pipe; THENCE South 87°14'36" West, a distance of 98.14 feet to a found 5/8 inch iron rod with a Carter & Burgess cap; THENCE North 83°50'43" West, a distance of 119.04 feet to a found 5/8 inch iron rod with a Carter & Burgess cap;. THENCE No,'th 81°43'48" West, a distance of 417.50 feet to a found 5/8 inch iron rod with no cap; THENCE South 89018'44'' West, a distance of 1406.58 feet to a found 1/2 inch iron rod with Graham Associates cap; THENCE North 00°44'06" West, passing a found 5/8 inch iron rod a distance of 1023.84 feet and 0.28 feet East, a distance of 2138.79 feet to the POINT OF BEGINNING and CONTAINING 99.97 acres, more or less. EXHIBIT "A" ~" g j/' ~' 4" 'k~ CITY~ ~ . ° COUNCIL MEETING: July 11, 2000 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-133R2, Magnolia Village (known as Magnolia Park), by amending the planned development conditions to attach a detail site plan to allow the development of a 15,600 square foot retail building on approximately 2.10 acres of property along the west side of N. Denton Tap Road and south of S.H. 121, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 9, 2000, City Council unanimously voted to approve this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~ FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - /00 Document Name: @ 133R2o 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 AMENDING THE PLANNED DEVELOPMENT CONDITIONS TO ATTACH A DETAIL SITE PLAN (PD-133R2) TO ALLOW FOR THE DEVELOPMENT OF A RETAIL BUILDING ON APPROXIMATELY 2.10 ACRES ZONED "PD-133-HC" (PLANNED DEVELOPMENT-133, HIGHWAY COMMERCIAL) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, FLOOR PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, SIGN, DUMPSTER AND SCREENING WALL ELEVATIONS, AND IRRIGATION PLAN ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", "F" AND "G" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the goveming 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 goveming body is of the opinion that Zoning Application No. PD-133R2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be mended. 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 mended, be and the same is hereby mended by mending the Planned Development Conditions to attach a Detail Site Plan (PD-133R2) to allow for the development of a retail building on approximately Page -1- 34119 2.10 acres zoned "PD-133-HC" (Planned Development-133, Highway Commercial) for the property described in Exhibit "A" attached hereto. SECTION 2. That the property shall be developed and used only in accordance with the Detail Site Plan, Floor Plan, Landscape Plan, Building Elevations, Sign, Dumpster and Screening Wall Elevations, and Irrigation Plan attached hereto as Exhibits "B", "C", "D", "E", "F" and "G" respectively. SECTION 3. That the Detail Site Plan, Floor Plan, Landscape Plan, Building Elevations, Sign, Dumpster and Screening Wall Elevations, and Irrigation Plan attached hereto as Exhibits "B", "C", "D", "E", "F" and "G" respectively, and made a part hereof for all purposes, are hereby, approved. 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 an~ended, and as amended herein. SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the pan so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Page -2- 34119 SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the oft~nse was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 06/15/00) Page -3- 34119 81/06/1994 19:4B 2142214441 SECOND CENTURY INV PAGE 02 CO~MEIVCIiV~ at on x cut found t~ the vest I~e o/O~n/an Y~p Road t'YOO°rt~/-O/--woy), ~ x ~/ O/so berg n~th~s/ c~ o/MA~I~ P~RK as r~~ ~E N~ ~g /he ~st b~e o/~/~ d~t~ce of 160~ ~t ta a l~ ~ch ~ r~ ~nd ~ the P~NT ~ ~GIN~' ~E ~ ~t~R/he ~St I~e of ~ ~/~ T~ ~ o s//uo/~ ~ /he ~ ~s/ I~e of ~ MA~I~ PA~* ~~ N~ ~g the ~ east/~e o/so/d ~/~e o/~ feet/o o 5/8/rich ~ rod set f~ ~' ~~ EAS~ ~/~ the ~ ~/ /~e of o ~/~ of 2~9/~t to ~ on x cut set the ~st /~e of so~ 0~/~ Top ~o~' ~~ S~ o~g the vest I~e of ~t~ce of ~J~ ~t to the P~NT ~ ~eo of ~3~ s~e ~t ~ ~ Y~65 oc~s of ......... t .... I AGENDA REQUEST FORM CITY~ ~ ~ COUNCIL MEETING: July 11, 2000 ITEM # ITEM CAPTION: Consider approval of correcting Ordinance No. 2000-910, pertaining to the renaming of Hawken Drive, by changing all references to Lot 16A to 16B, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 9, 2000, City Council unanimously voted to approve this street name change (7-0). Staff recommends approval. DIR. INITIALS: ~T, FIN. REVIEW: & CITY MANAGER REVIE Agenda Request Form - Revised 5/00 Document Name: @BOAfeno AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, CORRECTNG ORDINANCE NO. 2000-910, PERTAINING TO THE RENAMING HAWKEN DRIVE, BY CHANGING ALL REFERENCES TO LOT 16A TO LOT 16B; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2000-910, changing the name of a portion of Hawken Drive was passed by the City of Coppell on the 9m day of May, 2000; and WHEREAS, Ordinance No. 2000-910 contains an error in the numbering of the lots adjacent to said portion; and, WHEREAS, in order to maintain accurate records of the City and reflect the appropriate portion of the street wherein the name has been changed, it is necessary to correct all references to Lot 16A to Lot 16B. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the Ordinance No. 2000-910, adopted on the 9m day of May, 2000 shall be amended to change all references to Lot 16A to Lot 16B. SECTION 2. That except as provided herein, Ordinance No. 2000-910 shah remain in full force and effect. SECTION 3. 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 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shah remain in full force and effect. ] 34673 SECTION 5. This Ordinance shall take effect immediately from and aRer its passage 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 APPROVED: CANDY SHEEHAN, MAYOR ATFEST: LIBBY BAIJ,, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/c~ O6/30/OO) 34673 CITY COUNCIL MEETING: July 11, 2000 # ITEM CAPTION: Consider approval of an Ordinance for a proposed text change to amend a portion of Section 27-1 of the Coppell Zoning Ordinance, PD Regulations, to allow the Board of Adjustment to grant variances as they relate to placement of fences within Planned Development Districts, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council unanimously voted to approve this zoning change (7-0). Staff recommends approval. DIR. INITIALS: ~, FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: @BOAfeno AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 27-1, IN PART, BY PROVIDING THE BOARD OF ADJUSTMENT WITH THE AUTHORITY TO GRANT VARIANCES IN RESIDENTIAL PLANNED DEVELOPMENT DISTRICTS RELATING TO THE PLACEMENT OF FENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE· BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 27.1 of the Comprehensive Zoning Ordinance be amended, in part, to read as follows: "SECTION 27 "PD" PLANNED DEVELOPMENT DISTRICT 27-1 .. · The Board of Adjustment shall have no authority in PD zoning districts to grant variances, except it shall have jurisdiction in a residential PD zoning district to grant variances relative to the placement of fences. SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 34678 SECTION 3. 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 4. An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. 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, the ~ day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, INTERIM CITY SECRETARY ROBERT E. HA~{flR, CITY ATTORNEY (REH/cdb 06/29/01Y/ 2 34678 -~ -1- .~ '~' e ~~ CITY8 ~' COUNCIL MEETING: July 11, 2000 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1173, Sprint PCS Antenna, zoning change request from C (Commerdal) to C-S.U.P. (Commercial, Special Use Permit) to allow the construction of a 65'-high monopole to accommodate the Sprint PCS wireless communication antennae and CISD two-way radio antennae, as well as 4 equipment cabinets at the base of the tower at Coppell Middle School West Campus, 1301 Wrangler Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On March 14, 2000, City Council unanimously voted to approve this zoning change (5-0). Staff recommends approval. DIR. INITIALS: R~/ FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - 00 Document Name: @S 1173o . AN ORDINANCE OF THE CITY OF COPPEIJ~, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPEIJ-, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPEIJ~ TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "C- S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR TELECOMMUNICATIONS TOWER FOR THE PROPERTY DESCRIBED IN ~rr "A" ATFACIw~D HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TOWER ELF~VATION PIAN, AND LANDSCAPE PLAN, ATFACFIED BERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WIW~REAS, 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 Coppeil, have given requisite notices by publication and otherwise, and after holding due hearings and affording a Rill and fair heating 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-1173 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, TFIEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CTFY OF COPPEIJ-, 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 mended to grant a change in zoning from "C" (Commercial) to "C-S.U.P." (Commercial, Spedal Use Permit) to grant a special use permit for a 65' high communications antenna, subject to special conditiom for the property de, sen'bed in Exhibit "A" attached hereto and made a part hereof for all purposes. 33335 SECTION 2. That the Special Use Permit for a communications antenna is hereby approved subject to the following spedal conditions: (A) That a full twenty-four foot (24') wide fire lane is required to this site. A temporary fire lane is acceptable provided it is constructed of asphalt capable of supporting 40,000 pound load. (B) That if any additional buildings are added in the future, prior to the issuance of a Certificate of Occupancy, a full twenty-four foot (24') wide concrete fire lane will be required. (C) Ensure that the approved $ fire lane improvements are made before a Certificate of Occupancy is issued for the property. (D) The irrigation and landscaping for the Sprint site will be complete at the time of completion of the service, estimated to be in fall of 2001. (E) Tower shall be constructed to accommodate co-location of additional telecommunication antennas, receivers or transmitters. SECTION 3. That the site plan, tower elevation plan, and landscape plan, attached hereto as Exhibits "B", "C', and "D", respectively, and made a part hereof for all purposes, are hereby, approved. 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 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. 2 33335 SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppelt, Texas, this the day of APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BAIL, CITY SECRETLY 3 3333s APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/$ 6/20/OO) 4 33335 LEGAL DESCRIPTION A tract of land lying in and being a part of the Cordelia Bowen Survey, Abstract 56 and being a part of that certain 53.00 acre tract of land conveyed to the Coppell Independent School District, dated October 7, 1964, and recorded in Volume 417, Page 461 of the Deed Records of Dallas County, Texas, being more particularly described as follows: Commencing at a 1" pipe found for the Southeast corner of said 53.00 acre tract; Thence S88°53'05"W, along the South line of said 53.00 acre tract, a distance of 30.00 feet; Thence N00°50'09"w, parallel with the East line of said 53.00 acre tract, a distance of 20.00 feet to the POINT OF BEGINNING; Thence S88°53'05"W, parallel with said South line of the 53 acre tract, a distance of 40.00 feet; Thence N00°50'09"W, parallel with said East line of the 53 acre tract, a distance of 30.00 feet; Thence N88°53'05"E a distance of 40 feet to a point for corner; Thence S00°50'09"E, a distance of 30 feet to the POINT OF BEGINNING and containing 1200 square feet or 0,028 acres, more or less. EXHIBIT ,t~: NEW T 2-Wa' OMNI SITE COMPOUND FEN( NG EQUIPMENT IN: iPOUND ~T..?WER ELEVATION DRAWING k~j[MIBIT "C" EXHIBIT "D" · ~ e f4 ~~ CITY COUNCIL MEETING: July 11, 2000 ITEM # ITEM CAPTION: Consider approval of an Interim Right-of-way Use Agreement between the City of Coppell and AT&T for use of the right-of-way to install telecommunications lines and related appurtenances; and authorizing the Mayor to sign. SUBMITTED BY: Michael A. Martin, RE. ~/}]/]q4 TITLE: Asst. City Engineer STAFF COMMENTS: Robert E. Hager, City Attorney is bringing forth this agenda item for consideration. He will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #07111 INTERIM PUBLIC RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF COPPELL, TEXAS AND TCG DALLAS, A CERTIFICATED TELECOMMUNICATIONS PROVIDER This Pub|ic Right-of-Way Use Agreement ("Agreement") is hereby made and entered into by and between the City of Coppell C'City"), a home rule municipal corporation organized under the laws of the State of Texas, and acting by and through its City Manager, its duly authorized agent and TCG DALLAS ("Company"). The following statements are true and correct and constitute the basis of this Agreement: A. Company is a Certificated Telecommunications Provider CCTP"). A copy of Company' s certificate of convenience and necessity, certificate of operating authority or special provider certificate of operating authority is attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes. B. In accordance with Chapter 283 of the Loc. Gov't. Code, a CTP is entitled to construct conduit, cable, switches and related appurtenances and facilities and excavate within the Public Rights-of-Way in order to provide telecommunications services other than Cable Services. Company wishes to excavate in the Public Rights-of-Way in order to provide telecommunications services other than Cable Services in the City. C. In accordance with Chapter 283 of the Loc. Gov't. Code, a municipality may exercise police power-based regulations in the management of the use of its Public Rights-of- Way by a CTP in order to protect the health, safety and welfare of the public. The City wishes to set forth reasonable regulations and requirements in this Agreement for the use of the Public Rights-of-Way by Company and Company is willing to abide by such regulations. 1. DEFINITIONS Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Access Line shall mean, unless the PUC adopts a different definition pursuant to Section 283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter 283. Act shall mean the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Affiliate shall mean any individual, partnership, association, joint stock company limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Cable Services shall mean the same as it is defined in the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. ] 34238 Cable Television System shall mean the same as it is defined in the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996. Certificated Telecommunications Provider shall mean the same as it is defined in the Local Government Code, Chapter 283. Company shall mean TCG DALLAS City shall mean the land area within the corporate limits of the City of Coppell, Texas. Director shall mean the Director of the City's Engineering Services Department or authorized representative. Facilities shall mean all facilities placed in, on, under or above the Public Right-of-Way by or on behalf of Company, including, but not limited to, duct spaces, manholes, poles, conduit, underground and overhead passageways, and other equipment, structures and appurtenances and all associated physical devices in the Public Rights-of-Way used by Company for purposes other than the provision of Cable Services. FCC shall mean the Federal Communications Commission. Person shall mean an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of business entity or association. Public Rights-of-Way shall mean the same as it is defined in the Local Government Code, Chapter 283. PUC shall man the Public Utility Commission of Texas. Open Video System shall mean the same as it is defined in Title 47, Code of Federal Regulations, Section 76.1500. 2. PERMIT Except in case of an emergency, Company shall not initiate or have initiated any kind of construction, installation, maintenance, repairs or other work that requires the excavation, lane closure, or other physical use of the Public Rights-of-Way unless company first obtains a respective permit ("Permit") from the Director. The City will provide the Permit to Company free of charge following (i) full compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's review of Company' s Permit application within a reasonable time following its submission to the Director. 2 34238 3. PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT 3.1 Registration. In order for the City to know which CTPs own Facilities in the City's Public Rights-of-Way, Company shall register with the City Manager and provide the following information at a minimum: (i) Company's name and (ii) the current name, address, and telephone number(s) of a contact employed by and with binding and decision-making authority for the Company and who is available twenty-four (24) hours per day. Company shall update and keep current its registration with the City at all times. 3.2 Application. Company shall submit an application for a Permit, including plan documents, to the Director at least ten (10) working days prior to the commencement of the respective use of the Public Rights-of-Way except (i) where waived by the Director in writing or (ii) in the event of an emergency response related to an existing Facility owned by Company. The Permit application shall include the following information at a minimum: (i) the name of Company; (ii) the current name, address and telephone number(s) of a contact employed by and with binding and decision-making authority for the Company and who is available twenty-four (24) hours per day; (iii) the name, address and telephone number(s) of any contractor or subcontractor that will be performing work in, on or above the Public Rights-of-Way; (iv) the proposed location of any construction and route of all Facilities that Company intends to install in, on, or above the Public Rights-of- Way; (v) the construction and/or installation methods that Company intends to employ in order to protect existing structures, fixtures and facilities within or adjacent to the portions of the Public Rights-of-Way that will be affected by Company's respective project; (vi) the dates and times that Company wishes to use the Public Rights-of-Way; (vii) shall submit detailed engineering drawings to scale, no larger than 24" x 36" which depicts the Right of Way width, street width and the location of the water, sanitary sewer and storm drainage systems currently located in such Right-of-Way; and (viii) proof of insurance and bonding requirements as required by applicable City Ordinances. Within ninety (90) days of completion of construction, Company shall provide the Director copies of the "as built" documents for each installation in the Rights-of-Way. 3.3 Executed Public Right-of-Way Use Agreement. Company shall provide the Director with a fully executed copy of this Agreement upon submission of Company's Permit application. 3.4 Compliance With All City Ordinances. Company agrees to comply with all lawful City Ordinances on construction in the Public Rights-of-Way. 3 34238 4. MUNICIPALITIES 4.1 Sunset. Company shall pay the City a quarterly fee calculated monthly and based upon the Access Line rates for the City adopted by the PUC in accordance with Section 283.055 of the Texas Local Government Code. This Section 4.2 shall not abrogate or affect Company's obligation to pay the City the Fee calculated in accordance with Section 4.1 for the period of time between the effective Date of this Agreement and the date on which the PUC adopts Access Line rates for the City. 4.2 When Due. Company shall pay the Fee on a calendar quarterly basis to the City at the address provided in Section 7 of this Agreement. The Fee shall be due within forty-five (45) days following the last day of each quarter. This Agreement shall become effective on the date of its execution ("Effective Date"), and shall terminate upon the earlier of (i) the effectiveness of a City ordinance governing the use of the Public Rights-of-Way by CTPs and other public utilities or (ii) implementation by the Company of PUC established Access Line rates for the City, as provided in Section 283.055 of the Texas Local Government Code. 6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED Company shall not provide Cable Service or an Open Video System through its Facilities or initiate construction of Cable System or Open Video System in the Public Rights-of-Way without a franchise awarded by the City in accordance with the Act. 7. NOTICES Any notices required pursuant to the provisions of this Agreement or provided by the City or Company to the other shall be (i) hand-delivered to the other party, (ii) mailed through the United States Postal Service, postage paid, certified mail, retum receipt requested, or (iii) send via reputable national overnight mail carrier or delivery service addressed as follows: TO THE CITY: WITH A COPY TO: Jim Witt, City Manager Robert E. Hager, City Attorney City of Coppell NICHOLS, JACKSON, DILLARD, P.O. Box 478 HAGER &SMITH, LLP 255 Parkway Boulevard 1800 Lincoln Plaza Coppell, Texas 75019 500 N. Akard Dallas, Texas 75201 4 34238 TO COMPANY: WITH A COPY TO: TCG DALLAS General Counsel 717 N. Harwood TCG Dallas Dallas, Texas 75201 43 1 Ridge Road ATTN: Outside Plant Manager Dayton, New Jersey 08810 8. COMPLIANCE WITH LAWS Company agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of the City, and all rules and regulations established by the Director in order to protect the public health, safety and welfare. 9. NO WAIVER The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to assert any such right on any future occasion. No provision of this Agreement is intended to waive any right or obligation that either party may have under state or federal law. 10. GOVERNING LAW AND VENUE This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively in state court located in Dallas County, Texas, or the United States District court for the Northern District of Texas, Dallas Division, unless otherwise provided by law. 11. CONFERENCES At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Company' s use of the Public Rights-of-Way. 5 34238 12. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation, all available appeals, have been exhausted. 13. HEADINGS NOT CONTROLLING Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14. ENTIRETY OF AGREEMENT This Agreement contains the entire understanding and agreement between the City and the Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties. CITY OF COPPELL, TEXAS TCG DALLAS By: By: Jim Mr. Jim Witt Name: City Manager Title: ATTEST: By: Libby Ball, City Secretary APPROVED AS TO FORaM: By: Robert E. Hager, City Attorney 6 34238 CITY~ s . ~ COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-183, Coppell High School, zoning change request from C and SF*12 (Commercial and Single-Family-12) to PD-183~C (Planned Development-183, Commercial), to allow a 6' screening fence with landscaping along the northern edge of the new parking lot, the construction of concession stands and a press box, the expansion of the football stadium, construction of a multipurpose building, tennis court, tennis center, storage facility and additional parking on property located at 185 W. Parkway Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 9, 2000, City Council voted to approve this zoning change (5-1-1) with Councilman Keenan opposing and Councilman Stover abstaining. Staff recommends approval. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: / Agenda Request Form- 00 Document Name: @PD 183o AN ORDINANCE OF THF~ CITY OF COPPEIJ~, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPEIJ,, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS 1W~RETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "C" AND "SF-12" (COMMERCIAL AND SINGLE FAMILY-12) TO "PD-C" (PLANNED DEVELOPMENT-183, COMMERCIAL) TO ALLOW FOR A 6' SCREENING FENCE WITH LANDSCAPING ALONG THE NORTHERN EDGE OF THE NEW PARKING LOT, FOR THE CONSTRUCTION OF CONCESSION STANDS AND A PRESS BOX, FOR EXPANSION OF FOOTBALL STADIUM, CONSTRUCTION OF A MULTIPURPOSE BUILDING, TENNIS COURT, TENNIS CENTER, STORAGE FACILITY AND ADDITIONAL PARKING FOR THE PROPERTY DESCRIBED IN EXIIIBIT "A" ATFACi~F~D HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A SITE PLAN, LANDSCAPE PLAN, AND IRRIGATION PLAN, ATTACHED FIERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; PROVIDING FOR SPECIAL DEVELOPMENT CONDITIONS ILLUSTRATED IN F. JCHIBIT "E", ATTACHF~D H'F~RETO AND MADE A PART HEREOF; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THF~ SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHF~REAS, 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-183 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, T1]EREFORE, 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 "C" and "SF-12" (Commercial 1 34006 and Single Family-12) to '3~D-C'' (Planned Development 183-Commercial) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the development conditions as set forth in the Site Plan, Landscape Plan, and Irrigation Plan, attached hereto as Exhibits "B', "C", and "D', respectively: An irrigation system shall be required to keep all landscaping in a healthy and growing state. SECTION 3. That the Site Plan, Landscape Plan, and Irrigation Plan, attached hereto as Exhibits "B", "C", and "D", respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That as an additional special development condition Owner shall construct and maintain a six foot (6') high blade vinyl coated chain link screening fence on the north portion of the newly constructed parking lot as depicted on Exhibit B; starting at the tree line on the eastern portion extending west to the school district property line then south to a point of its intersection with the western fence; and, that such fence shall have green colored slats woven along the entirety of the fence at a height of three feet (3'); and, in addition to the landscaping provided in the Landscape Plan (Exhibit "C'), there shall be Nellie R. Stevens hedge planted along the entirety of the north side fence on four foot (4') centers; and, buffer trees of cedar elm on forty foot (40') center along the entirety of the north side of said fence; and red tip photinias shall be planted along the south side of said fence on four foot (4') centers, all of which is depicted on the attached Exhibit "E" for illustration; however, nothing contained in such Exhibit "E" shall be interpreted to amend or alter the conditions stated herein. 2 34006 SECTION 5. 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 6. That all provisions of the Ordinm~ces 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 tenrts of this ordinance shall be subject to the same penalty as provided tbr 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 inunediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 3 34006 DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: (REH/cdb 06/26/00) 4 34006 LEGAL DESCRIPTION WHEREAS, Coppoll Independent School Otstrtct is the owner 100.34 feet to o point for comer;, of o 63.478 acre tract of land s/tuoted in the S.A i M.G.R.R. Surve~ Abstract No. 1430 and the George W. Jack North 89 de~, 17 rain. 40 eec. East, o dietonce of Survey Abstract No. 694, in the Cffi/of Coppoll, DoElos 88.13 feet to o point for comer;, County, Texas, as shown in deeds recorded in Volume 94066 Records I 112.87 feet to o point for comer;, being more fully descrfbed as follows: South 83 dog. 56 rain. 36 sac. East, o distance of BEGINNING at o I/2-inch steel rod set for comer at the 99.98 feet to o point for comer. intersect/on of the curving southwest rfght-of-woy line of Parkway Boulevard (on 85 foot wide H ht-of-woy) with the South 55 dog. 38 mln. 27 sac. East, o distance of northwest llne of High School Acceu ~ (also known as 119.30 feet to o point for comer, Cowboy Drive, 60 feet wide); South 47 dog. 17 rain. 18 eec. East, o distance of THENCE South 29 dog. 34 rain. 06 eec. West, deporting said 132.56 feet to o point for comer, Parkway Boulevard and along sold High School Access Drk'e, o distance of 78.24 feet to o t/2-inch steed rod set for South 73 dog. 10 min. 22 sac. East, o distance of comer at ~e beginning of o curve to the Hght ho~4ng o 105.78 feet to o po/nt for corner; central angle of 22 dog. 19 min. 45 sac., o radius distance of 330.00 feet, o chord distonco of 127.79 feet South 66 de~. 41 rain. 46 eec. East, o distance of and o chord bearing of South 40 de9, 43 min. 59 sac. West; 104.81 feet to o point for comer. THENCE southwesterly along sold curve to the r/ght and South 61 dog. 41 min. 17 sac. East, o distance of sold High School Access Drive on arc distance of 128.61 113.41 feet to o point for comer;, feet to o I/2-inch steel rod set for corner, North 89 dog. 43 min. 30 sac. East, o distance of THENCE South 5! de~.. 53 m/n. 50 sac. West, co~t/nuing 98,18 feet to o point for comer;, along sold drive, o distance of 41.42 feet to o 1/2-inch steel rod set for corner at the beginning of o curve to North 78 clef. 25 rain, 20 sac. East, o distance of the left hayin9 o central angle of 19 dog, 26 mln. 38 104.42 feet to o point for comer. sac., o radius distance of 390.00 feet, o chord allstance of 131.72 feet and o chord bearing of South 42 dog. 10 North 85 dog. 29 rain. 27 ssc. East, o d/stance of rain. 31 sac. West: 98.48 feet to o po~nt for corner. THENCE southwesterly along sold curve to the left and said North 89 dog. 34 rain. 45 sac. Eosto o d~stonco of High School Access Drive, on arc distance of 132.35 feet 100.46 feet to o point for comer. to o 1/2-inch steel rod set for corner, North 84 dog. 30 mln. ! 1 eec. East, o distance of THENCE South O0 de9. 45 rain. 04 sec. East, o distance of 101.04 feet to o point for corner;, 1,125.84 feet to o I/2-inch steel rod set for comer, and being the northeast comer of that portion of Willow Lone North 86 de~. 55 min. 15 ssc. East, o distance of (o 30 foot wide Hght-of-woy) as dedicated on the plot of 24.60 feet to o po/nt for corner on the previously Shadydole Acres, on addition to the C/t/of Coppoll, as ment/oned curving southwest r~ht-of-woy llne of shown on the plot recorded in Volume 42 at Page 96 of the Pork~ eou/evord, and bei o curve to the/eft Map Records of Dallas County, Texas; having o central on/e of I~ dog, 30 rain. 49 sac., o mdiue distance of ~2.50 feet, o chord distance of THENCE North 86 dog. 34 rain. O0 sac. West, along the said 247.73 feet and o chord booing of South 50 dog. I0 north llne of W/llow Lone, o distance of 971.93 feet to o min. 55 ssc. East; I/2-inch steel rod set for comer ood be/ng the southeast comer of o right-of-~<~3dedicotioo as shown on the plot THENCE sout~terly along said curve to the left and said recorded in Volume 92 at Page 2834 of the Mop Records right-of-way line, on arc distance of 246,59 feet to the of Dallas County, Texas: POINT OF BEGINNING; THENCE North O0 de~. 06 mln. 30 sac. East, along the east and contolning 63.478 acres or 2,765°079 square feet of line of said dedlcotio~, o distance of 15,73 feet to o land mats or less. I/2-inch steal rod set for comer;, THENCE South 89 de9. 58 mln. 59 sac. West, along the north line of sold dedication, o distance of 260.89 feet to o 1/2-inch steel rod set for comer, 419.77 feet to o being on the east line of Cottonwood Estates, on odd/lion to the City of Coppe/I, as shown o~t the Rot r~corded in Volume 78225 at P{,xJe 23 of the Mop Records of Do/los County, Texas: THENCE North O0 de~. O0 rain. 23 sac. East, o/eng said east line, o distance of 1,742.03 feet to o point for cornor in the center of Cottonwood Creek and .b.:..r~l on o south line of Lot 8 in Block F of Copperstone Additio~ on odd'dion to the C/ty of Coppe//, as shown on the plot recorded in Volume 96013 at Page 0087 of the said Dallas County Mop Records; THENCE along the south line of said Lot 8, meandering the centeHine of sold Cottonwood Creek, the fol/oing; North 88 dog. 18 rain. 44 sac. East, a d/stance of 171.02 feet to o point for ~ South 86 dog. 39 min. 17 eec. East, o distance of 99.95 feet to o point for comer. South 89 dog. 4! rain, 34 sac. E.Qst, o allstance of KXRIBIT "A" ....,. ...... ..., ,,,,. _ -- ~ . i,"i' ' , .';.-. .. Z..tLi ','~ ."~ '?""~,~.".. ' '~, ~.~-~. ~. ii! ~ ,, ., ...... . . ___ , .,., , , ,,,i iii! · ' i "~ i le ~ I' I, II ~' 7 ! j~~~ COPPELL HIGH SCHOOL '~.,..,? = r.x-m-sr~ -..,,i ' 1999 TENNIS CENTER FACILITY ~"-.' ..~ r~ AND PARKING EXPANSION --- COPPELL I.S.D. COPPELL, TEXAS .-- 1;nrFrrBIT ,,C,, ~ I BUILDING ADDITIONS-BAND, DINING, 9TH GRADE _,. ,- ALL PURPOSE BUILDING AND CONCESSIONS ~" COPPELL I.S.D. COPPELL TEXAS 999 Tt=NNIS C~NTt::R FACILITY AND PARKING EXPANSION COPPELL I.S.D. COPPELL, TEXAS r~ ' 5 (~) I''1 ~ ~ ~ ZIII , ~ ~ V]~5 !111 I ~~zl''''' ~ I ii I, ~ ~ ~i~ ,~ ' IllI //" ii / ,' ~,' . ,," ~' ""' ~~7' ,' , 1999 TENNIS CENTER FACILI~ AND PARKING ~PANSION ,'I,L'L~:J' M .Lg,gLLO N E~-- '1 ~ ~: = ~ I = J~l ~ I ': j~l I ~r, JIiIII'~i, ~- , ~ ~ . , ~ ~ ~' IllE..::::::::~:'. ........ ........... . :z ilil jill ............ i~ ;-- ~-~ ~~~................... ~ ~ II ~ I "' ~-' :' 'i' i~- ~ ~~~ / . ./ I ~ - ~ I ~'~ ~B~ ~ ~ & Z ............... ~ ~l ~ ~ · : 1 ggg TENNIS CENTER FACILIff i ~ - ,.. AND PARKING ~PANSION COPPE~ I.S.D. COPPE~ T~ F I'[1 z r~ '~ e ~~ CITY?8 COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-609(CH) to consider a change in zoning from TC (Town Center) m SF-7 (Single Family-7) on approximately 26 acres of property located east of Heartz and north of Sandy Lake Roads, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council voted to approve this zoning change (6-0-1) with Councilman Garcia abstaining. Staff recommends approval. DIR. INITIALS: ~ FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form- 5/00 Document Name: @609CH o 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 TC (TOWN CENTER) TO SF-7 (SINGLE FAMILY-7) ON APPROXIMATELY 26 ACRES OF PROPERTY LOCATED EAST OF HEARTZ AND NORTH OF SANDY LAKE ROADS AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 goveming body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinm~ce 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. ZC- 609(CH) 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 goveming body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from TC (Town Center) to SF-7 (Single Family-7) on approximately 26 acres of property located east of Heartz and noah o,f Sandy Lake Roads and being more particularly described in Exhibit "A" attached hereto and made a pint hereof for all purposes. 34619 SECTION 2. 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 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the efl~ctive date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect inunediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 2 34619 DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY PR ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/26/00) 3 34619 PARK PLACE ADDITION WHEREAS, ALLEN PROPERTY CORPORATION , is the owner of a tract of land situated in the Sibered Henderson Survey, Abstract No. 629 in the City of Coppell, Dallas County, Texas and being part of the 66.6453 acre tract of land conveyed to ABQ Development Corporation by deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas and being more particularly.described as follows: BEGINNING at an iron rod found for corner on the .east line of Heartz Road (a 60 foot right-of-way), said point being N. 1°22'37'' W., 616.70 feet from the intersection of the said east line of Heartz Road ~ith th~ north line of Sandy Lake Road (a 60 foot right-of-way); THENCE N. 1'22'37" W., 519.69 feet along the said east line o~ Heartz Road to an iron rod set for corner; THENCE S. 89°5~'32" E., 167,77 feet to an iron rod set for corner; THENCE N. 22005'48" .E., 92.91 feet to an iron rod set for corner; THENCE N. 89o49'58" E., 446.72 feet to an iron rod found for corner; THENCE S. l°04'16" E., 13.43 feet to an iron rod found for corner; THENCE N. 88033'50" E., 638.50 feet to an iron rod found for corner; THENCE S. 0049'44.. W., 1153.43 to an iron rod found for corner on the said north line of Sandy Lake Road; THENCE S. 88°26'39" W., 678.32 feet along the said north line of Sandy Lake Road to an iron rod found for corner; THENCE N. l°56'13" E., 564.51 feet to an iron rod found for corner~ THENCE S. 89049'58" W., 599.83 feet to the Point of Beginning and containing 25.871 acres (1,126,957 square feet) of land. WXt!IBIT "A" CITY COUNCIL MEETING: July 11, 2000 ITEM # ] / ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-607(CH), zoning change from LI (Light Industrial) to R (Retail) on 8.7 acres of property located at the southeast corner of Sandy Lake Road and State Road, and authorizing the Mayor to sign. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Counc~ voted to approve this zoning change (6-1) with Councilman Keenan opposing. Staff recommends approval. DIR. INITIALS: _(~~v6~t FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form ised 5/00 Document Name: @607CH o 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 LI (LIGHT INDUSTRIAL) TO R (RETAIL) FOR 8.7 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND STATE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 aft~cted area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. ZC~ 607(CH) 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 goveming body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from LI (Light Industrial) to R (Retail) for the property described in Exhibit "A' attached hereto and made a part hereof for all purposes. SECTION 2. 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. ] 34617 SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the fom~er law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 34617 DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/26/00) 3 34617 LEGAL DESCRIPTION BEING a tract of land situated in the Jesse Moore Survey Abstract No. 968, said tract being o part of that certain tract conveyed to L.H. Lacy Co., Trustee as recorded in Volume 80180, Page 3157, Deed Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod with an NDM plastic cap found for corner at the intersection of the south line of Sandy Lake Road (50 ft. ROW) with the east line of State Road (70 ft. ROW); THENCE N 89'00'27" E, along the south line of said Sandy Lake Road, a distance of 486.93 feet to a 1/2" iron rod found for corner, said iron rod being the most northerly northwest corner of OAKBEND ADDITION, an addition to the City of Coppall as recorded in Volume 91059, Page 1427, Map Records, Dallas County. Texas; THENCE S 00'17'26" E, departing said south line and along the west line of said Oakbend Addition a distance of 738.72 feet to a 1/2" iron rod found at the point of curvature of a non-tangent curve to the right having a central angle of 89'27'56", a radius of 40.00', a tangent length of 39.63', and a chord bearing of S 44'25'51' W - 56.30'; THENCE continuing with said curve to the right, an arc distance of 62.46 feet to a 1/2" iron rod found in the north line of said Oakbend Addition; THENCE S 89'09'49" W, along said north line a distance of 443.42 feet to a 1/2" iron rod found in the east line of the aforementioned State Road; THENCE N 00'34'35" W, along said east line, for a distance of 776.99 feet to the POINT OF BEGINNING and containing 8.65 Acres or 376,809 sq. ft. of land, more or less. EXHIBIT "Au CITY? 8 . ~ COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC~606(CH), zoning change from A (Agriculture) to SF-12 (Single Family-12) on approximately 15.75 acres of property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council voted to approve this zoning change (6-1) with Councilman Stover opposing. Staff recommends approval. DIR. INITIALS: tv , FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - ised 5/00 Document Name: @606CH o 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 A (AGRICULTURE) TO SF- 12 (SINGLE FAMILY-12) FOR APPROXIMATELY 15.75 ACRES OF LAND LOCATED ALONG THE NORTH SIDE OF DEFOREST ROAD, EAST AND WEST OF THE ESTATES OF CAMBRIDGE MANOR AND BEING MORE DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 goveming 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 goveming body is of the opinion that Zoning Application No. ZC- 606(CH) should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinm~ce 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 goveming body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from A (Agriculture) to SF-12 (Single Family-12) for approximately 15.75 acres if property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 34616 SECTION 2. 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 an~ended herein. SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in efl~ct when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect irmnediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. 34616 DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROV~ S TO FO · , P R, v ROBERT E. HAGER, C~TY ATTORNEY (REH/cdb 6/26/00) 3 34616 WHEREAS, O.W. MCDONALD and ELIZABETH MCDONALD, are the 'owners of a tract of land situated in the WILLIAM A. TRIMBLE SURVEY, ABSTRACT NO. 1268, Dallas County, Texas and being more particularly described in deed from J.M. Terry and wife, Mildred Terry to O.W. McDonald and Elizabeth McDonald, as recorded in Volume 98107 Page 03061, Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point of intersection of the west line of Cambridge Manor Lone (on 87 foot wide right-of-way at this point) with the north line of DeForest Rood (o 50 wide right-of-way at this point) as dedicated by the plot of The Estates of Cambridge Manor, on .addition to the City of Coppell as recorded in Volume 94250, Page 346 of the Deed Records of Dallas County, Texas; THENCE N89'44'O5"W, 30.15 feet along the said north line of DeForest Rood to a point being on the east line of the said McDonald Tract; THENCE S00'57'09"W, 10.00 feet to the POINT OF BEGINNING, a 1/2 inch iron pipe set for corner being on the said north line of DeForest Road (a 40 foot wide right-of-way at this point); THENCE N89'44'O5"W, 175.54 feet along the said north line of DeForest Road to o 1/2 inch iron pipe set for corner; THENCE N00'21'44"E, 269.40 feet leaving the said north line of DeForest Road to o 1/2 inch iron pipe found for corner being on the south line of Lot 2 in Block "A" of said The Estates of Cambridge Manor; THENCE S89'37'51"E, 176.75 feet along the said south line of Lot 2, and passing at 57.34 feet the southwest corner of Lot 1, Block "A", to o 1/2 inch iron pipe found for corner; THENCE S00'37'09"W, 269.08 feet leaving the south line of said Lot 1, and along the east line of the said McDonald Tract, to the Point of Beginning and containing 1.089 acres (47,425 square feet) of land. EXHIBIT "An I of 5 ~, J. CURT LEONARD is the owner of a tract of land situated in the 'W'dliam A. Trimhie Survey, Abstract No. 1268 in the City of CoppelL Dellas County, Texas, and also being a Irsct of land. as conveyed to J. Curt Leon//d by deed recorded in Volume 97162, Page 3932 of the Deed Records of Dx!!as County, Texas and being tno~ particularly described as follows: C~CING at · poht of intersection of the east line of Camb6dV Manor Lane (an 87 Toot witis. x~ght-of-way, at this poht) with the north L~e of DeForest Road (a 50 foot wide tight-of-way, st this point) as dedicated by pint of The Estaees of Cambridge Manor, an ad~t~>n to the City of Coppert as recorded in Vohxne 94250, Page 346 of the Deed Records of Dallas County~ Texas; Thence S. 29044'05" E., 4~.t4 feet alon2 the. s~d noah ~ne of DeFo~st Reed ~o a poh= be~ on ~ w~ ~ne of ~e ~ Leonard ~ Th~z S. 00'21 '44' W., I0.00 feet eo the POINT OF BEGINNIN(}, a ½" h~n rod set for comer being on said nor[ix Bne' of DeForest Road (a 40 foot wide tight-of-way, at this pointS, THENCE N. 00.21'44' F., 268.95 feet leaving the ssdd north line of I)eFtm~ Ros~ and alon~ the east llne of said The Estates of Cambridge Manor to a ½" L-on rod found for corner bein2 on the south line of L0t i in Block ~B" of said The Estates of Cambridge Manor, THENCE S. 89~37'51" E., 95.81 feet alon2 the said south line of Lo~ I, Block "B" to a ½" iron rod found for corner bein2 on the west tins of · tract of rand as conveyed m Gary A. Dutt and wife Samdra L. D~tt as recorded in Volutne 744, Page 394 of the Deed Records of Denton County, Tctas; THENCE S. 00'31 '54" E., 268.55 feet along the sdd west line of the Dutt trsct so a 2' iron pipe foumi for comer being on the said north line of DeForest Road; THENCE N. 29'52'41" W., 100.00 feet along the said north line of DeForest Road to the Point of Begbming and containing 0.604 acres (26.311 squse feet) ofhncL TRACT 2A ai _ -_ Gary A. ~tt and wife, Sandra .r.. Dutt ~ 0f'%heC~u-~t~'of: TM Denton " ': .,S~ate'~[ Te~cas ,' ' ': a~ lhat~eftSlsi ! -.. .-.. ..: =.. . ,. ~'.....: ,; . - . . - ,...: :. .- ii · lot, ~.ra..ct or parcel' O~ hnd, ..lying ..and. being .-situated. in' ~he .Co'un~y ' of Denton, Stat. e O~ Texas#-and being a part._of.a 'certain tract of :--. · ~ ' ~ land Which was .conveyed .by-:deed dated gu..!y .1.O,f 196.9, from Clue[0.. :i Long' and ~i~e,' :Elfriede S. L0ng'to-Erman Jean .Downey an.d.'w.i'~e, -' .... -. ~lar!~ ~wney and G~ry A. Dutt and-~Wife,- Sandra L; -Du~t, ~s' s~own -~--:- '. 'o[ recor. d in .V01ume '588, P~'.48 of'l.the .Deed. ReCord~ ofCDp.nton-- '. · COGnty~ 'Te~as~ b~n9 out-o[' the W.: A..Trimhie'Survey, AbStrac~ "f ~ :'. ":.N0~ 1.268,' ~nd' be'ing mo~.'par~ula'rly desc.ribed' as follows:: '- ?. '-'- · '-.-' ~ v-EGINNING-'~t-a Bteel-pin which is 2063.75<-feet wese o~,' ~nd L .. ' ~ ~ '~ 30'fe~t'No~.th.of, the Sou~heast:C~ner of :a-ca, lie.d. 121-'aCre 'tr~c~ :-" .'- "of ra~d" (actually. 120;S acre tract-of_ 1and};-:as conveyed-' by' Deed ] '-: i dated ~u. gus.~ 20~~ ·1909,. ,from J. ~-"'O~vis'~nd wife,' ~i. llle' Davis, 'to . S~m-Long,.-as sho~qn.of:record in VOlume:186 , ' Page 58,-of ~he Deed {"' ·Records o~ Denton C~unty~'-TeXae~ said.point 'of-b~g~nnin~ disc i~ -. the Southwest corner of the past ~ntione~ Downey and Dut~ tra~t'-of ~-...]lands ' '. ',--" -'i -' '. . ~.,' ~ - -: .- . ~- . . . -_ .,-i', . ' ...... . i " -..-~ftw.'-NCE=' .-NortH', along '.fencei ne a~a: the -West Bo'Und~y ,.-li~e- · ~ i ~ "O~w~ey ..ahd -DU. ttZ .t~act,-L456..; 12' feet ,: .to 'a' s~'e~l' Pin for.' the N0~ehwes~ ~t i Corner .~{ 'said t~acts .' ' .' '.' = .-f..': ~ . "-:- ~ ~ ~ ': ...... '-.:: ~ -' -". ' .~ '. il '- ' .-'-THENCE ~. =ast. ,' .alon~ the, Ndrth. b~.undary 1. in.~ of -said: t~ac~ ~ . ~ .. 6~. 78. fee~, _t~ a s.teel .pin.'~or -the .No~theast..uorner =of ~ract" ~r~in: i "described; -:.' "i'.. ~' .: ~ = ': :' .- '- ."~- ' '. '.'.- - .' ":. ': ' ' · .',- -. '-... :.,,,~... - _ . - . ..... ~ .-.... ..-. !~i .. THENCE~- S0u~h~ and parallel~.~0 'the'~est b0u~dary.-line-of:='said ' ' Dewn..~y a~d' D~tt tract,. 456.. 12 f~et, '.to. a "steel' pin in th& S~uth "f' ' "' Bounda~.. ~ine i of mentioned '~rac.~, -f6r the $outh.e&s~ c6~her~ of : =* ' ' ~! -,tract her. eln descrtbed~ i, '-::.- ' .... " '-'< '* *. . =ss.cs west, ·~zon9 the sorth'bounda~y !.ine:.o~ ! ~'. a~d 6he' SoU~h boun.d~ry. line. 'of' 'sAid .Downey-*~nd Dutt.~tra. ct'fof. landt. ,. '63.78 f~et, to*point of begl~Blin~, amd contai~ng '~6678 'of an a~re =~ -of 1and, :'*' .--': ..' ":_ ~!i EX'BIBIT "A" 2 of 5 TRACT3 WHEREAS. DARRON K. ASH & wife, JILL ASH', are the owners of a tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 in the City of Coppall, Dallas County, Texas (formerly Denton County, Texas) said tract also being oll of that property described in a deed from Cicero Long to Clyde D. Ehlers and wife, Marion F. Ehlers recorded in Volume 539, Page 243 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set for the northeast corner of said Ehlers tract, said point also being the northwest corner of Lot 4, Block A and the southwest corner of Lot 5, Block A of The Estates of Cambridge Manor, Phase Two, on addition to the City of Coppell according to the plot thereof recorded in Volume 97084, Page 4971 of the Deed Records of Dallas County, Texas, and the southeast corner of Lot l OR, Block 8 of the Replat of Lots 8, 9, & 10, Block 8 of The Estates of Cambridge Manor, on addition to the City of Coppell according to the plat thereof recorded in Volume 95112. Page 5497 of said Deed Records; THENCE South 00'2..3'45" West. along the west line of said Block A, a distance of 1.57 feet to a 1/2 inch iron rod set for an angle point; THENCE South 00'22'46" West, continuing along the west line of said Block A, a distance of 465.32 feet to the southeast corner of said Ehlers tract, a 1/2 inch iron rod set for corner in the north line of DeForest Lane (variable width right-of-way); THENCE North 89'34'41" West, continuing along the north line of DeForest Lane and the south line of said Ehlers tract, o distance of 190.87 feet to o 1/2 inch iron rod found for the southwest corner of said Ehlers tract and the southeast corner of a tract of land described in a deed from Rosemary J. bownay, recorded in Volume 1114, Page 824 of said Real Property Records; THENCE North 00'22'01" East, along the common line between said Ehlers tract and said bownay tract. and along the common llne between said Ehlers tract and a tract of land described in o deed from Gary A. butt and wife, Sandro L butt to {~rman Jean Oowney and wife Merle bownay recorded in Volume Page 390 of said Real Property Records. o distance of 463.77 feet to a corner of said Ehlers tract and the northeast corner of said butt to bownay tract; THENCE North 89'29'14" East, along the north line of said Ehlers tract and the south line of sold Block 8, o distance of 191.00 feet to the POINT OF BEGINNING and containing 2.040 acres of land, more or less. EXHIBIT "A" 3 of 5 TRACT WHEREAS, Bruce Birdsong, is the owner of a 5.0003 acre tract of land situated in the William. A. Trimhie Survey, Abstract No. 1258 in the City of Coppell, Dallas County, Texas; said 5.0003 acre tract having been conveyed to Dennis Birdsong and wife, Becky Birdsong by Warranty Deed with Vendor's Lien recorded in Volume 2151, Page 137, Reel Property Records, Denton County, Texas; said 5.0003 acre tract being more particularly described as follows: BEGINNING, at a 5/8-inch iron rod with "Gonzalez & Schneeberg" cop set for the southeast corner of said 5.0003 acre tract; said point being the southwest comer of Lot 2 of the Nettie Long Addition, on addition recorded in Volume 12, Page 9, Plat Records, Denton County, Texas; said point being on the north right-of-way line of DeForest Road (40 feet wide at this point); said point being also West 1292.9 and North 30.0 feet froln the Southeast corner of the W.A. Trimble Survey, Abstract No. 1268, Denton County, Texas; THENCE, South 90' 00' 00" West, with said north right-of-way line, o distance of 155.88 feet to o 5/rB-inch iron rod with "Gonzolez & Schneeberg" cop set for the southwest comer of said 5.0003 acre tract; said point being the southeast comer of o tract of land conveyed to Beamer Development, Inc.; --THENCE, North 00' 00' 00" East, with the east line of said Beomer -- tract, at a distance of 678.40 feet pass o 1/2-inch iron rod found for the northeast corner of said Beemar tract and the most easterly southeast corner of The Estates of Cambridge Manor, an addition to the City of Coppall, Texas, continuing, with the east line of The Estates of Cambridge Manor, at a distance of 1,:188.65 feet pass o 5/8-inch iron rod found on-line near the top of the bank of Denton Creek, continuing, in all, o distance of 1506.89 feet to a point in the center of Denton Creek for corner; THENCE, South 32' 55' 00" East, with the center of said Denton -Creek. a distance of 16.34 feet to an angle point; THENCE. South .t5' 45' 00" East. with the center of said creek a distance of 251.61 feet to a point for comer;, said point being also the northwest corner of Lot 3 of said Nettie Long Addition; THENCE, South 00' 00' 00" West, leaving said Der~ton Creek, with the west line of said Lot ,t, at a distance of 665.35 feet pass a 1-inch iron pipe found for the most westerly southwest corner of said Lot 3 and the northwest comer of said Lot 2, continuing, with'-the west line of said Lot 2, in all, a distance of 1288.97 feet to the PLACE OF BEGINNING; CONTAINING, 217,811 square feet or 5.0003 acres of land, more or less. Erl~rBIT nan ~ Of 5 ~-~CT 5 Being all of Lot 1 of the Nettle Long Addition, being an addition situated in the County of Denton, State of Texas, being out of the W.A. Tnt~mle Survey, Abstract No. 1268, containing approximately 6.216 acres of land, known as 900 DeForest Road. AGENDA REQUEST FORM · ~ ~ ~~ CITY COUNCIL MEETING: July 11, 2000 ITEM # J3__ ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-605(CH), zoning change request from A (Agriculture) and R (Retail) to SF-12 (Single Family-12) on approximately 24.7 acres of property located along the north side of DeForest Road, east of MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council voted to approve this zoning change (6-1) with Councilman Stover opposing. Staff recommends approval. ADZenRa : , FIN. REVIEW: CITY MANAGER REVIEW: a 00 Document Name: @ZC605CH o AN ORDINANCE OF THE CITY OF COPPEI J~ TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPEIJ~ TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPEIJ., TEXAS, AS IIERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM A (AGRICULTURE) AND R (RETAIL) TO SF-12 (SINGLE FAMH~Y-12) FOR APPROXIMATELY 24.7 ACRES OF LAND LOCATED ON THE NORTH SIDE OF DEFOREST ROAD, EAST OF MACARTHUR AND BEING MORE DESCRIBED IN EXHIBIT "A" ATTACHED lfERETO; PROVIDING A REPEAIJNG CLAUSE; PROVIDING A SEVERABIIJTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOIJ~ARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECFIVE 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 aRer 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 thereofi the said governing body is of the opinion that Zoning Application No. ZC-605(CH) 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 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPEIJ,, 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 ~om A (Ag-iculture) and g (Retail) to SF- 12 (Single Family-12) for approximately 24.7 acres located on the north side of DeForest Road, east of MacArthur and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. 34839 SECTION 2. 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. SECTION3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppelt, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately fi'om and after its passage and the publication of its caption, as the law and charter in such cases provide. 2 34839 DULY PASSED by the City Council of the City of Coppeil, Texas, this the day of APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETLY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATFORNEY (REH/cdb 7/6/OO) 3 34839 TRACT 1 WHEREAS, UNIVEST PROPERTIES, INC., Trustee, is the owner of a tract of land situated in the W.A. Trimble Survey, Abstract No. 1791 in the City of Coppell, Dallas County, Texas and also being part of a tract of land as conveyed to Univest. Properties, Inc., by deed recorded in Volume 9003, Page 3422 of the Deed i Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a ¼" iron rod set for corner on the east line of MacArthur Boulevard (a 1 I0 foot wide i right-of-way), said point also being the southwest comer of Lot 35 in Block "B" of The Peninsulas of Coppell! an addition to the City of Coppell as recorded in Volume 96209, Page 3323 of the Deed Records of Dallas! County, Texas; : THENCE N. 71°21'39'' E., 109.09 feet leaving the said east line of MacArthur Boulevard, and running : along the south line of said The Peninsulas of Coppell, to a ¼" iron rod set for comer; THENCE N. 86°01 '39" E., 90.58 feet continuing along the said south line of The Peninsulas of Coppell to a 5" iron rod set for comer, said point being on the west line of Creek Bend Estates, Tract 4, an addition to the City of Coppell as recorded in Plat Cabinet "B", Page 52 of the Plat Records of Denton County, Texas; THENCE S. 01°02'58'' E., 529.94 feet along the said west line of Creek Bend Estates, to a ½" iron rod set for comer, said point being on the said east line of MacArthur Boulevard; THENCE N. 31 °57'46" W., 50.60 feet along the said east line of MacArthur Boulevard to a ~" iron rod set for comer, said point being the beginning of a curve to the right having a central angle of 20°41'31" a radius of 1335.00 feet and a chord bearing of N. 21°37'01" W.; THENCE along said curve, and along the said east line of MacArthur Boulevard, 482.12 feet to the Point of Beginning and containing 1.421 acres (61,903 square feet) of land. EXHIBIT "A" 1 of 5 TI~CT 2 -A~ art-of the W.A. Tremble Survey, Abstract No. 1268, end more particularly "~g a part of Tract FOUr o£ CREEK DEND ESTATBS, an Addition to the City of Coppall, Dallas County, Texas, formerly located ~lthin Denton County, Texas according to the Map or P].at therueS recorded in Cabinet B, Page 52, of the Plat ~ecorde of Denton County, Texas and b~ing ~oscribed by metes. and bounds ns fo21owe: Bedinning at a 1/2" iron rod seC for corner In the Northeasterly line Meca~thur Blvd.~ said iron being tn the south line of Tract Pour CREEK BEND ESTATES~ and also being the southeast corner of · tract of land conveyed ~o the city of Coppet1 by deed recorded in Volume 2918, Page 821~, Real Re~orde Denton County, Texas/ Thence along the Northeasterly 1ins of Hacarthur Blvd. and ~he East l~ne of said tract recorded in Volume 2918, Page S21~; and v~th a curve =o the left having a radius of 1~055 feet a distance of 91.82 feet (chord - N. 28-05-2e E. 9~.~9') to a 1/2~ iron rod Ben fo~ cornerl Thence North 30 degrees 14 mlnutea 48 seconds Wee~ 79.4S feet along the Northeasterly l~ne of Macarthur Elvd. and the Zest line of said tract recorded in Volume 2918, ~age 8211, ~o a ~/2' iron rod set for corner in the East line of above said Tract Four CREEK BEND EST~T£St ; Thence North 00 degrees 40 minutes East pasolog a 1/2" iron rod set at 490.6? feat in al~ 565.8~ feet to a pint fo~ corner in DentOn Creek/ Thence 83 degrees 59 mtnu~es ~2 seconds East 129.70 feet/South B1 degrees 38 minutes 49 senends East ?2.72 feetl South 06 degrees 38 minu~ee 38 seconds East ~00.34 feet end South 06 degrees 01 minutes 07 seconds EaeC 99.23 feet to ~ point for co=net in Denton Creek/ Thence Hes~ passing a 1/~" iron rod set at 37.51 feet in all 83.51 feet along tbn most Northerly line of Tract T~ree CREEK BEND ESTATES to a 1/2" iron rod found for corner at an ell corner of Tract Three and Tract Four/ ' Thence 8curt 458.73 feet along the c0m~on line between Tracts Three and Four cREEK BF~tD ZeTATie to a 1/2" iron ~c~l found [or corner ~ ~he sou~heas~ corner og Treot Four, said iron being In North 1ins of Tract ?hence North 89 degrees 54 minutes Wee~ S1.24 tee~ along the Bouth line Tract F~r, the N~rhh line of Tract ~o to the place oZ beginning and containing 2.356 acres of land. E3CHIBIT "A" 2 of 5 TRACT 3 TRACT I Being all that certain lot, uact or parcel of land situated in lhe City of CoppolL Dallas County, Texas, end being out of the W.A. I~INfBLE SURVEY, ABSTRACT NO_ 1791, DALLAS Century, Tex~ m:x[ being the same propen'y described as Tracts I end U in Warranty Deed conveyed to Bobby C. Lankford and wife, Mary M. Lankford recorded in Volume 1634, Page 433, Deed Records, DENTON County, Texas, and being moxe pa~cularly described as follows: BEGINNING as an iron rod found at the Southwest comer of said Tract I in the North Ibse of De Forest Road; THENCE North v~h the West line of said Tract I, same bcing the East line of acr. ttain uact conv~cd to Howard C. McCracken, Jr. by deed recorded in Volume 686, Page 346, Deed Records of DENTON County, Texas, a distance of 464.45 feet to an iron found at the Southeast comer of said Tract THENCE North with the West llne of said Tract II at 248.16 feet passing an iron rod found for reference near the edge of Denton Creek end continuing for a total disunce of 297.36 feet to a point for comer in the center of Denton Cn:ck; THENCE with the center of said Denton Creek as follows: South 44 delgees 15 minute~ Ea.~ a distance of 26.33 feet; Suuth 67 degrees 30 minutes Eut, a distance of 53.48 feet; North 78 degrees 31 minute~ 30 ~ecoods Fast, a disrace of 66.77 feet to the Northeast comer of said Tract TI T~LENCE South 00 degrees 35 minutes 20 seconds West, with the East line of said Tract I at 75.50 feet passing an iron ted to an iron rod found at the Southeast cornet of said Tract L in the North tinc of De Forest Rood; THENCE North 89 degrees 54 tumults West with the North line of Dc ForestRoad, a disUncc of 115.65 feet to the PLACE OF BEGINNING AND CONTAINING 2.0734 acres offend; mote ot less. BEING all that certain lot, ~ract or parcel of lend out of the W.A. TRIMBLE SURVEY, ABSTRACT NIrMBER [&([, in DALLAS County, Texas, being a portion of the certain trot number one of the partition of the property owned by the panes named in a conare deed from Sam Long, et el, to Bin'die Cox, Filed and recorded in the Deed Records of DENTON County, Texas, on March 29. 19`;5, in Volume 406, Page 573, and being more fully descn'bcd as follows: BEGINNING at an iron md in the North botmdasy line of De Forest Road, said point being North 29.7 feet and Noah 89 dagrecs 54 minutes West, 146.36 feet from the Southeast comer of the above meettoned tract n, ,mhcr one (14.68 acres); THENCE, with the North boundary line of De Pore. st Road, North 89 degrees 54 minutes Wesl, a distance of 111.86 feet to an ken rod for THENCE North 00 degrees 04 minutes 02 seconds West, a dLsUmce of 324.87 feet to an iron rod for comer; TI-IENCE South 00 deuces 04 minutes 02 seconds Eas~, a distance of 111.86 feet to an iron rod for comer, THENCE South 00 degrees 04 minutes 02 seconds East, a distance of 324.87 feet to the PLACE OF BEGINNING AND CONTAINING 0.834 acres of land, mum or less. TRACT 1T! Being Tracts 1, 2, and 3 of CREEK BEND ESTATES, an addition to U~ City of COPPELL, DALLAS County, T~xas, according to the Plat thctcofrecordcd in Cabinet B, Slide ';2, Plat Records, DENTON Coum~y, Texas, end recorded in Volume 93144, Page 1374, Map Records, DALLAS County, Texas. SAVE AND EXCEPT: BEING a tract of land situated in the W.A. TRIMBLE SURVEY< ABSTRACT NO. 1268 in the City of COPPELL, DALLAS County, Texas, and being a pan of Tracts I and 2 of CREEK BEND ESTATES, an Addition to the City of COPFELL, as recorded m Volume 1169, Page 172, Deed Records of sakt Courtly, and bclng mote particularly dcm'bcs as follows: COMMENCING at the Southeast comer offaid Tract I, said comer being a '.4 inch iron md forrod in the North Rigbt-of-W'ay of De Forest Ro~d; thence South 89 dc~ees 48 minute& 28 seconds West, 130.53 feet, along the said North Right-of-Way of De Forest Road, to a $/8 inch iron md found to the POINT OF BEGINNING; THENCE South 89 degrees 48 minutes 28 seconds West, 97.30 feet, continuing along said North Right-of-Way of De Forest Road, to a set `;/8 inch iron rod; THENCE South 00 degrees 59 minutes 32 seconds East, 26.75 feet to a `;/8 inch iron rod set; THENCE North 89 degrees 38 minutt~ 46 seconds West, 13.34 fcct along the most westerly South line of aforesaid Tract I, to a 5/8 iron ~od found in the proposed West Right-of-Way of MacArth~r Boulevard (proposed 110 foot fight-of-way); TFIENCE North 00 degrees 22 minutes 43 seconds East, 30.30 feet along the saicl West Right-of-Way, to a 5/8 inch iron rod set at the beginning era cun, e to the left, having a central engle of 23 degrees 46 minutes 38 seconds, a radius of 945 feet, a chord alLstance of 389.36 feer~ and a chord bciz~g of North 11 degrees 30 mlnutcs 3e; seconds West; THENCE along said cut~e an arc length of 392.17 feet to a ~ inch iron rod set;, THENCE North 00 degrees 31 minutes 37 seconds East, 78.42 feet, to a 5/8 inch iron md found, said rod being the Northwest comer of the aforesaid Tract 2; TIIENCE North 89 degrees 53 minutes 44 seconds East, g~.38 feet to a 5/8 inch iron rod set in the proposed Fast Right-of-Way EX FI I B I T ~ e A ~ ~ of MacArthur BouJevard, said rod being a t I1~ bc~inn ing of a curve to the right, having a conIra] angle of 25 degrees 51 mLuutes 30 seconds, a radius of 1055.00 feet, a chord d/sta'~ce of 472.10 feet, and a chord bearing of South 12 degrees 33 m~utes 02 3 Of 5 seconds East; THENCE along said curve an arc length of 476.14 feet, along said proposed East Right-of-Way nfMacArdmr Bou/evatd ~o POINT OF BEGINNI~qG AND CONTAINING 1.188 acres of land, more or less. TRACT 4a Survey, ~bstract Imab~r ZT~I, In ~ll~s C~t~ ~s, ~i~ m ~ti~ of t~t ce:tsi= trtct A~r ~ oZ th ~titi~ oZ th ~y ~ ~ ~ ~ties ~d in a ce~ain ~ f~ m ~g et al, to krdit C~, lll~ ~ in the ~ boo~s OE ~nt~ C~nt~, T~s, ~ ~oh 29, 1~55, In Vole 406, · age 5~3, ~ ~ing ~ fully desstUd as tollms ~gl~ing at ~ lr~ ~ in tht N~h ~ 1~ o~ ~t ~ F~sst ~, said ~int ~ing ~h 29.7 feet ~ ~h l) ~ees 54 2utes West, feet f~ the I~t~ast oo~t of the ee mntio~ tract n~r ~ ac~s ) I ~e~e, with the l~h ~ llM o~ b ~ Fonst ~, ~th 19 54 ~nutes west, a dietco of 111.16 feet to ~ it~ ~ ~or ~e~e erth 00 de~ees 04 ~nutes 02 eocene West, a dishes o2 324.e7 feet to a i~n ~ for ~ence, e~th e9 de;wee S4 ~nutes net, a dist~e of 1~.86 feet to a r~ ~ot c~er; ~e~e, S~th 00 de;see 04 ~nutes 02 seo~s Seer, a dist~e o~ )24.27 ~eet to the ~ OF ~Ql; ~ c~tai~n~ 36,339.~48 ~e feet Or 0.1)4 ~s of laW, ~m Or less. ~CT ~b BEEHG all that Cem~n lo~, tta~, cr ot l~d out oE ~e LA. ~i~le S~ey ~ Dallas Curry, Text, bein~ a po~lon o~ ~ Sauthvee~ acrner a~ ~a~ ce~ain tract n~ F~del Ra~l~z ~d ~e, ~a ~miuz nam~ ~ a ce~aln dgad Zram Saw ~ng e~ al, to CoX, Z~ed and reao~ed in ~ ~ed R~o~ oZ Oallaa ~ty, Tcas, on Xarch 29, 195~, Volue 406~ Pa~a 573~ and being ma~ describ~ as p~i~i~ at an ~o, rod ~or co~er. ,aid n~ hi~ ~o~ 29.7 Z~t ~d Ho~h ~rese 54 minu~ ~est, 14~.3G fea~ ~d ~o~ O0 d~9~eos 04 l~tgg 03 eocene We6~ 324.41 ~ee~ ttc8 ~ able ee~ticR~d Trac~ He, One (14.s8 ~res); ~e~ce No~ 29 d~rees 54 il~t~ o0 west, a ~s~a~e ot 111.~6 tee~ to ~ iron ~ ~o~ corner; ~ence No~ Go dqrees 04 ~nu~ 02 West, ~ distance o~ 431.54 East to a point in ~e ~nter of ~tcn ~eek; d~ees 24 minute 55 sacoWe East, a d~etance ~ 37.~7 Zest; Thence Ho~ 58 d~re~ 05 minu~u ~8 Xae~, a dietan~ o~ 88.30 T~n~ Sou~ O0 d~re~ 04 a~u~es 02 eeco, ds Xae~ a distance oE 485.28 ~eet to ~e OF D~ZHH~G ~d con~alai~V 50~6.021 ~eet or ~.163 acres of la~d (.~p~e). EY~IBIT "A" 4 of 5 TRACT 5 'Being a tract of land located within the William A. Trimble Survey, Abstract 1268, Map Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 3/4" iron rod, at the intersection of the center line of MacArthur Boulevard (100' R.O.W.) and the south survey line of the William A. Trimble Survey; THENCE East, along the south survey line said William A. Trimble Survey, a distance of 557.68 feet to the POINT OF BEGINNING: THENCE North a distance of 1019.68 feet to a point in the center line of Denton Creek for a corner; THENCE along said Denton Creek center line meanders the following courses and distance; North 34°00'00" East, 67.59 feet; North 15°00'00'' East, 70.00 feet; North 06°05'00'' East, 60.00 feet; North 09°00'00" East, 70.00 feet; North 01°30'00'' East, 30.00 feet; North 09°15'00'' West, 27.07 feet to a point for a corner; THENCE East a distance of 270.61 feet to a point for a corner; THENCE South a distance of 1328.84 feet, to a point in the said south survey line of the said William A. Trimble Survey, for a corner; THENCE West along said south survey line, a distance of 340.27 feet to the POINT OF BEGINNING and containing 435,600 square feet or lO.O00 acres of land, more or less. EXHIBIT "A" 5 of 5 CITY~ 8 ~ COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1176, Jack In The Box Restaurant, zoning change request from (LI) Light Industrial to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 2,742 square foot fast food drive through restaurant on approximately 1 acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 9, 2000, City Council voted to approve this zoning change (6-1) with Councilman Stover opposing. Staff recommends approval. DIR. INITIALS: (~ i FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: @S 11760 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 "LI" (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A RESTAURANT ON APPROXIMATELY ONE ACRE OF PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE DETAILED SITE PLAN, LANDSCAPE PLAN, AND ELEVATION PLAN ATTACHED HERETO AS EXHIBITS "B", "C", AND "D" RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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 goveming 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 fifil 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 goveming body is of the opinion that Zoning Application No. S-1176 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be mended. 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 mended, be and the same is hereby mended to grant a change in zoning from "LI" (Light Industrial) to "LI- S.U.P." (Light Industrial, Special Use Permit) to grant a special use permit for a restaurant, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 33989 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) That the hours of operation shall be from 6:00 a.m. to 10:00 p.m. Sunday through Thursday for the Dining Room; and, 6:00 a.m. to 1:00 a.m. Sunday through Thursday for the Drive-Thru; and, from 6:00 a.m. to 10:00 p.m. Friday and Saturday for the Dining Room; and, from 6:00 a.m. to 2:00 a.m. Friday and Saturday for the Drive- Thru. (B) That all exterior building materials shall be uniform in color and shall be in accordance with the approved color board. SECTION 3. That the Site Plan, Landscape Plan, and Elevation Plan are conditions of the zoning and are attached hereto and incorporated herein by as Exhibits "B", "C", and "D", respectively, and made a part hereof for all purposes, are hereby approved. 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 ranended 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 san~e 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 33989 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 beti~re 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 ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY P R(~.'Z'lft/~~AYTORNEY (REH/cdb 6/26/00) 3 33989 LECALDESCRIPTION Wl-IERF_AS DENTON TAP DE%~:LQRJF:NT. LLC_, IS the owner of otroct or parcel of lend sltuoted b G.C, Wodsey Survey, Abstroct No. 1402 in the CIty of Coppe~ Do~c County, Texas, end being port of the 7.223 ocres troct described In the deed to 0enton Top Development, LLC on Indlona limited Ik~lllty cornpony, dated August 2~ 1999 end recorded in Volume 99171 Poge 2398 in the Odlos County Deed Records, m~d being more portlculorly descried os fallows: COMMENCING ota found 5/8--Inch iron rod copped 'Cotter & I~' on the south rlght-of--~my lle of VIsta Rki~e Boulevard (rodehie width right-of-wey) at the northwe=t corner of the 'C4:Opell Midge $choei North Addition', eq od~ to the Qty of Coppell recorded h Volume 98219 Poge 0056 in the I:ktos Comity Mop Records; THENCE Northwesterly an arc distence of 264.98 let along e curve to Uqe right end along the south line of VTmto Ridge 8oulev~nrd to {3 set ~-Inch iron rod with o yei|ow I~estlc cop ~tornped 'CagP Engineering' for the POINT OF 8~:GINNING, s~id curve h,3~ng o tedium of 2879.79 feet, , central ongle of 05' 16' 19', end the I~q Chord beers North 79' 05' .10" West 264.89 fat; '~-iENC[ South IY 32' 39' West 296.10 feet to o set 34-klch b'~m rod with o yellow piestic cop etornped °CagP Engineerk~' on the north side of s~ld 'CoFg~l Midde .School North Addition'; THENCE North 78' 4~' 39' West 7~,.77 feet oderig the north side of soid °C4:gpell M~ldle Sdqool North Addltlon" to o set ½--1rich [ton rod with o )eilow plestJc cop stamped 'CacP Engineering' at the most westerly northwest corner of said 'Coppell Middle School North Addition'; THENCE North 4~' 57' 37' West 105.22 feet to o set }4-inch irc~ rod with o )rotlow pie=tic cop stamped 'C.~ Engineering"; THENCE North 18' 1/,' 12' Eost 251.85 feet along the west side of soid 7.223 ocre= troct to a set ½-inch ircm rod ~Hth o .~ellow piestic cop stamped "CacP Engineering*: TI~ Southeosterly on orc <listonce of 14~75 feet olong He south line of VTsto Rld9e Beule~mrd and along e cur~ to the left ha,~ng o rodlus of 2879.79 feel: central ongle of {)2' .53' 59'. end the Ioeqg dqord beers S<Nth 75' 00' 21' East 14,5.73 feet* to the Pont of Be<Jinnlng end C4mtore/ng 44,925 squore feet ~r 1.0313 ocres of lend mere or less. EXHIBIT DENTON TAP ROAD i / / CITY~ a ~ COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-176R, McMillan Estates, zoning change request for property zoned PD-176, (Planned Development-176, Single Family-9), by amending the planned development conditions to permit an extension of a 54" reinforced concrete pipe eastward for an approximate distance of 155' and the installation of a stone headwall on 1.49 acres of property located along the north side of Bethel Road, approximately 120' east of Hearthstone Lane, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 8, 2000, City Council voted to approve this zoning change (6-1) with Councilman Garcia opposing. Staff recommends approval. AN ORDINANCE OF ~ CITY OF COPPEIJ~, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPEIJ~, TEXAS, AMENDING THE COMPREF[ENS1VE ZONING ORDINANCE AND MAP OF ~ CITY OF COPPEI,L, TEXAS, AS !:IF~RETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD--176" (PLANNED DEVELOPMENT- 176, SINGLE FAMILY 9) TO "PD-176R" (PLANNED DEVELOPMENT AMENDMENT- 176R, SINGI,E FAMH,Y-9) FOR THF~ PROPERTY DESCRIBED IN EXHIBIT "A" ATrACI~D BF~RETO BY AMENDING THE DEVELOPMENT CONDITIONS TO PERMIT AN EXTENTION OF A 54" REINFORCED CONCRETE PIPE EASTWARD FOR APPROXIMATELY 155' AND THF~ INSTAIJJON OF A STONE HEADWAIJ,; PROVIDING FOR A SITE/GRADING PLAN, IANDSCAPE PLAN, AND TREE MITIGATION PLAN, ATrAC!~D I~F~RETO AS EXFllBff "B", "C" AND "D", RESPECTIVELY; PROVIDING A REPEAI,ING CLAUSE; PROVIDING A SEVERABIIJTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED ~ SUM OF TWO THOUSAND DOIJ,ARS ($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-176K should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THE~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "PD-176" (Planned Development - 176, Single Family-9) to "PD-176R" (Planned Development Amendment- 176R, Single Family-9) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 31806 SECTION 2. That the property shall be developed and used only in accordance with PD- 176, and the following development conditions, the Site/Grading Plan, the Landscape Plan and the Tree Mitigation Plan, attached hereto and incorporated herein as if set forth in full as Exhibit '~", "C" and "D", respectively: A. The property shall be developed and used only for a single-family dwelling in accordance with SF-9 Single Family-9 Zoning District regulations and PD-176, except as modified herein. B. The pool location shall be as depicted on the Site/Grading Plan. C. Any floodplain or flooding reclamation shall be in accordance with City ordinances and regulations and approved by the City Engineering staff prior to construction. D. The applicant shall comply with the Landscape Han and Mitigation Plan, but will also try to preserve as many trees as possible on site. SECTION 3. That the Site/Grading Plan, the Landscape Plan and the Mitigation Plan attached hereto as Exhibit '~", "C" and '~", respectively, made a part hereof for all purposes, are hereby, approved. 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 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. 2 31806 SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, finn or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SEEHA/q, MAYOR ATTEST: LIBBY BALL, CITY SECRETLY 3 31806 APPROVED AS TO FORM: ROBERT E. HAGER, C1TY ATTORNEY (REH/cdb 06/21/2000) 4 31806 WHEREAS JAMES H. McMILLAN and wife ANITA McMILLAN are the sole owners of 1.490 acres of land situated in the J.W. Anderson Survey, Abstract No. 18, City of Coppell, 'Dallas County. Texas: said 1.490 acres of land conveyed to James H- McMiIlan et ux Anita McMillan according to the deed recorded in Volume 99100, Page 5792, Deed Records. Dallas County, Texas: said 1.490 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found in the east line of Lot 15, Block I, Old Coppell Estates. an addition to said City as recorded in Volume 96020, Page 2443, Map Records. Dallas County, Texas~ said iron rod also being the most westerly southeast corner of Lot 41, Block 1, Big Cedar Addition. an addition to said City as recorded in Volume 92125, Page 3455. Map Records, Dallas County, Texasl THENCE S 85' 37' 24" E, 104.58 feet along the south line of said Lot 41 to a 1/2 inch iron rod set with plastic cap stamped "L andes & Assoc." (hereinafter, all 1/2 inch iron rods set are so marked) at the most easterly southeast corner of said Lot 41: THENCE S 15' 24' 35" E. 99.47 feet along the westerly line of Lot i0, Block i of said Big Cedar Addition to a 5/'8 inch iron rod found: THENCE S 53' 47' .38" E, passing the common western corners of said Lot 10 and Lot 9 of said addition and continuing in all 57.25 feet to a i/2 inch iron rod set at the northwest corner of a tract of land conveyed to Wendy Webster as recorded in Volume 93044, Page 3851, Deed Records, Dallas County. Texas~ THENCE S 01' 00' 47' W, along the west line of said Webster tract and at 218.37 feet passing a 1/2 inch iron rod set in the existing north ROW line of Bethel Road and continuing in all 241.07 feet to the southeast corner of this tract in the centerline of said Bethel Road: THENCE S 89' 42' 38" W, 203.24 feet along said cents:line of said Bethel Road and along the south line of said McMillan tFaCt tO the southwest corner of said Mcl~illan ~:ract; THENCE N 04' 36' 23" E, at 22.77 feet passing a 1/2 inch iron rod set in the existing north ROW line of Bethel Road and passing the southeast corner of Lot 19. Block 1. of said Old Coppell Estates and along a west line of said McMillan tract and continuing along the west line of said Block 1 in all 380.98 feet [o the POINT OF BEGINNING and containing 1.490 acres of land of which 0.106 acres of land lies within the ROW of Bethel Road. EXHIBIT "A" E~NIBIT "C CITY COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by PSINet Realty Inc., described as Northlake 635 Business Park, a minor plat, Block B Lot 2 (6.527 acres) and located at 1333 Crestside Drive, Coppell, Texas. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: . DIR. INITIALS: ~~ FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: $PHNL635.doc NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the llt__hh day of July, 2000, at 7:00 P.M., to consider designation of the property described as Lot 2, Block B, a Minor Plat of Northlake 635 Business Park (6.527 acres), located at 1333 Crestside Drive, Coppell, Texas, PSINet Realty Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate June 30, 2000 DESCRIPTION DesCription, of a 6.527 acre tract of land situated.in the Cordella ~owen Survey, Abstract No. 56° Dallas County, Texas; ~aid ~=act being part of the Northlake 63~ Business Park, an~ddition to the Cit~ of Coppoll, Texa~ according to r_he final plat recorded in Volume 850S6, Page 33SS of the Deed Records of Dallas County, Texas said :rat: being all of LoC 2. Block B, Northlake 635 Business Park, an Addition to City of Coppoll, Texas accordiug ~o the Minor Plat recorded in volume 98193, Page 30 of the Deed Record~ of Dallas County, Texas; said =rac~ being all'of the smme tract described in Special warranty Deed to ACL~ Northlake L.P., recorded in volume page 4570 of the Deed Records of Dallas County, Texas: said 6.~27 acre tract bein~ more particularly described as follows~ BEGINNING at a 1/2-inch iron rod found at the East end of a corner clip at the i~erzection of the $ouuhwes~ right-of-way line of Lakeshere Drive (a 60 foot wi~e right-of-way) and ~he Southeast right-of-way line of Crestside Drive (a 60 fooc wide right-of-way); said point bein~ the most Easterly Northeast corner of ~he said Lot T~a~NCE South 36 degrees 3~ minutes 53 seconds East~ along the said Sou~hwee~ line of Lakeshere DriVe, a dis=ante of 1~4.24 feet to ~ 1/2-inch iron rod found; being the Beginning 0f'~k~urve uo the left whose center bears North 5~ de~ree$ 21 mlnu=eu 07 seconds East, a distance of 380.00 feet from said point; THENCE Southeasterly, continuing along the'said southwest line of Lakeshere Drive.ara said curve to :he left, through a Central angle=of. aS'degree= 15 m/nudes,21 seconds, an arc distance of 167.50 feet, on a chord bearing and distance of South'~9 degrees minuces 34 seconds East. 166.15 rest to a 1/2-inch iron rod found; said point being ~ha North comer of Lot 1, Block ~, ~orth/ake G3S Businert. Park. ~n Addition ~o the City of Coppoll, Tex-~ according zo the Fihal ~lat recorded in volume 98008, Page of the Dee8 Recor~ of Dallas County, Texa=; THENCE South 39 aegree~ 21 minutes 04 :cconds west dep. arting the said southwest line of Lakeshere Drive and along a Northwest line of the sai~ Lot 1. a dis=ante of 251.7S feet to a 1/2-inch iron rod found an an angle THENCE Nornk 89 degrees 36 fuinutes 29 seconds west alon~ a North line of Chc sa~d I, a distance of 94.84 feet to a 1/2-inch iron rod found a= the Northwes~ comer o= the said Lot 1; sa~d point being the Northeast corner of the remainder of the Mac Lesley trace'as'described in deed'recorded January' THENCE South 89 degrees ~0 m~nutes 52 seconds west along the North line of ~he said Le=ley tract, a distance c~ 7O~.o0 feet to a 1/2-inch iron rod with "Pacheco Koch" cap so: for corner: said point being the Southeast corner of Lo~ 2, ~lock D, Northlake Business Park, an Addi~ion co the City of Coppoll, Texas according =o the Final Plat recorded in Volume 87110, PaSs I874 of t~e Dee8 Records of Dallas C~un:y, THENCE North 00 degrees 30 minutes 00 seconds Enst, dapar:ing ~he said North line of tha Leeley tract ~nd along the East line of zhc ~aid Lot ~, Block D, a distance of 312.42 feet no a 1/2-inch iron rod with "Pews11 & Pewell', cap found a~ an an~le ~{'ENCE North 16 degrees 48 minutes 0S seconds Ease. continuin~ along the said Ease line of Loc 2, ~lock D, a dlscance o~ 30.69 fee~ to a 1/2-inch iron rod with "Fewell & EXHIBIT DE3CRIPTION ~owell." cap forth8 for corner; sai8 point being'in the SoUth line of the sai~ Cre=tside Drive; said point being the.BeSinning of a non~ahSen~ cUrv~ to the left white center bears Nor:h 29 ~grces 26 minu~es 21 seconds Eas~, a d~scance o~ 380.00' feet' from said ~G Southeasterl~, along the sai~ South line of Crestside Drive ~ said cu~e the left, t~ough a c~ral ~gle of 28 ~eg=ees 56 minutes 21 seco~s, an arc of lsl.93 fee: on a chord bearing ~d ~istance of South 75 deg=ees 01 minutes 49 sacshas East, 189.90 feet to a 1/2-in~ i=on roa fo~d at the eu~ of said cu~e; ~CE So~h 89 ~egrees 30 minutes 00'seconds ~ast, continuing aloug the saia South line of Crestci~ ~ive, a aiGt~ce of 206.~0 =eec to a 1/2-inch iron ro~ poiut being the Begi~in9 o~ ~ cu~e to the left whose center ~ear= North O0 ~e~rees 30 minutes 00 seco~s ~asn, a dispute of 380.00 feet ~rom sai~ T~CE ~or~heasherly, continuin~ ~long the said South line of Crectsi~e Drive ~d said curve to the left, t~ough .a central ~gle of 37 ~egrees 06 minutes ~ second, ~ ~c dis=~ce of 246.16 ~eet.~onf=~ thor8 bearing a~8 ~istance of North 71. ~ree= 56 3~ seco~s ~m=t, 241.87 feet to a 1/~-inch iron rod fo~d at the ~ ~[ s~id c~e~ T~NCE North 53 aegrees 2S minutes 07 seconSs =a=c, along t~' e&id South line of Crestsi~e Drive a ~isb~ce of 109.67 feet to ~ 1./2-inch iron.rod fo~d;. sai~. point being the We=t eta of hhe sa~a co~er c1~ nu the inte=secU~n of the So6~hwes~ riSht-of-way li~ of Lakeshore Drive ~d the Southeast right-of-way line of Crestside Drive: ~CE South 81 ~egrees 36 ~nutes 53 seconds East. along the sai8 corer clip, ~istance of 21.21 feez to the Point of BegininS; containing, 284.334 s~are ~ee~ or 6.527 acres of land, more or less. NOTB: COMP~ ~OES NOT ~P~SBNT T~T~ ~0~ ACRBAGE ~/OR SQU~ FOOT~E EX'IBIT "A" CITY COUNCIL MEETING: July 11, 2000 ITEM # --]-7-~ ITEM CAPTION: Consider approval of an Ordinance designating the PSINet Realty Inc. property as Reinvestment Zone No. 27, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: DIR. INITIALS: t?~9~1/5. FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - ised 5/00 Document Name: $PSINET.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 27 (PSINe0; PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Cotmcil of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1: That the City Council of the City of Coppell, Texas finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 27." I 33897 SECTION 3. That the property within Reinvestment Zone No. 27 is eligible for commercial-industrial tax abatement effective on January 1, 2000. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ~ day of ., 2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: PETEtCG. SMITH, CY~~A~TORNEY (PGS/ttl 5/16/00) 2 33897 D~CaXP~XON Description, of a 6.527 acre tract of land ~ituated-in she Cardelia ~owen ~urvey. AbStract No. 56, Dallas County, Texas: said tract being part of the Nor:blake 635 Business Park, an Addition to t.he city of Coppell, Texas according to the final plat recorded in Volume $5056, Pa~e 3358 of the Deed Records of Dallas County, Texas said tract being all of Lo~ 20 Block B, Northlake 635 Business Park, an Addition to the City o[ Coppell, Texas according to the Minor Plat recorded in Volume 98193, Page 30 of the Deed Records of Dallas County, Texas; sa~d tract Being all'of t~e emme described in Special Warranty Deed to ACLP Northlake L.P.0 recorded in volume page 4570 of the Deed Record~ of Dallas County, Texas; said 6.S~7 acre tract being more p=rticularly described as followsl BEGINNING at a 1/2-inch iron rod found at the East end of a corner clip at the intersection of the Southwest right-of-way line of Lakeshare Drive (a 60 foo~ wi~e right-of-way) and the Southeast right-of-way line of Crest~ide Drive (a ~0 foot right-of-way); said paint being the most Easterly Northeast corner of the said Lot THENCE South 36 degrees 36 minutes 53 seconds East~ &long the said Southwee~ line oE Lakeshare Drive. a distance of Z54.~4 feet to a 1/2-inch iron rod found; said l~oint being the Beginning Of':~urve to =he left whose center bears North 5~ de~rees 21 minute= 07 ~eccnds Eazt, a distance of 3~0.00 feet from said point; THENCE Southeasterly. continuing along the'said Southwest line of Lakeshare Drive.and said curve =o the left, through a ~entral angle~of-ZSdegrees 15 ndnu~es ~1 an arc distance of 167.50 feet, an a ~hord bearing and distance of South ~ degrees 14 minutes 3~ seconds East. 166.15 Zest to a 1/2-inch iron rod found; said point Being the North corner of Lot 1, Block B, Northlake 635 Butinert. Park. =n A~d~uion to City of Coppell, Texas according ~o the Ffnal Plat recorded in Volume 98008, Page of the Dee~ Records of Dallas County, THENCE South 39 ae~rees 21 minutes 04 ~econds west departing the said Southwest line of Lakeshare Drive and along a Northwest line of the said Let 1. a distance of 251.75 feet :o a 1/2-inch ~ron rod found an an angle point; THENCE North 89 degrees 38 m/nutes 29 seconds west along a North line of She sa~d 1, a distance of 94.84 feet to a 1/2-inch iron rod found a= the Northwest comer of the said Lot 1; said point bein$ the Northeast corner of the remainder of the MaC Lesley :rac='~sdescrib~d in deed'recorded January'2{,.l~58; THENCE South 89 degrees &0 minutes 52 seconds west along the North line of ~he said LesleF tract. a distance of 70~.00 feet to a l/2-inch iron rod with "Pacheco Koch" cap set for corn~: said point being the Sou=haas: corner of Lot 2o Block D, Northlake Business Park. an Addition =o the City of co~pell, Texas according to the Final Plat recorded in Volume 87110, Page 18~4 of tBeDeea Records of Dallas county, THENCE North 00 degrees 30 minutes 00 seconds East, departing ~he sa~d North line of the Le~ley =r~c= nnd along the East line of the said Lot 2. Block D, a ~istance of 312.42 feet no a 1/2-inch iron rod with "~owell & Paws11,, cap found at an angle ~{'ZNCE North 16 degrees 48 minutes 0B seentam East. continuin~ along the said East line o£ Lot 2, ~lock D, a dlscance of 30.69 feet uo a 1/2-inch iron rod with "Fowell & EX}tlBIT "A" DESCRIPTION ~owel!" cap found for corner; said point being'in the SoUth line of the said Crestside ~r~v~; said point being the.Beginning of a non~anSenh CUr~ no =he left whore center bears North 29 clegrees 26 minutes 21 seconds East, a distance oE 380.00' fee:' from said T~ENCE Southeasterly, along the said South line of Crestside Drive and said curve to the left, through a central angle of 18 degrees 5~ minutes 21 ~econaE, an arc distance of 191.93 fee: on a chord bearing and distance of South 75 degrees 01 minutes 49 seconds East, 189.90 feet =o a ~/2-inch iron sod found at the end of said curve; T~ENCE South 89 degrees 30 minutes 00'seconds East, conzinuing along the said South line of Crez=eicle Drive, a distance of 206.60 feet to a 1/2-inch iron rod found;.said point being =he Beginning of a curve to :he left whose center Bear= Nornh CO degrees 30 minutes C0 seconds Eas~, a distance of 380.00 feet from said point: TEENCE Northeasterly, continuing along =he said South line of Crestside Drive and said curve to the left. =hrough..a central angle of 37 degrees 06 minutes SS seconda, an arc distance of 246.16 feet~on~:~ chord bearing m~d distance of North 71. d~zrees ~6 minutes 32 second= East, 241.87 fee: to a 1/2-inch iron rod found at the end 6E said curve; TKENCE North S3 asSreds 23 minutes 07 seconds taut, along =he' said South line of Cres~ide Drive a distance of 10~.67 feet to a 1-/2-inch iron.rod found;. said. point being the West end of the said corner clip au the in:ersecti0n of the Soethwest right-of-way line of Lakeshore Drive and ~he Southeast right-of-way line of Crcsnside Drive; THENCE South 81 ~egrees 36 minu~es ~3 seconds East, alonS the said corner clip, a distance of 21.21 fees no ~he Point of Beginning; Con:dining, 284.334 square feet or 6.527 acres of land, more or lee=. NOTE: COMPANY DOES NOT REPRESENT T~AT TEE AaOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CO~3tECT. PPA~IIBIT "A" - 6l j2jl l. f' AGENDA EQUEST FOg CITY CO~C~ ~ET~G: July 11, 2000 ITEM ~__ ITEMCAPTION: PUBLIC HEARING: Consider approval of Case No. ZC-604(CH). zoning change from MF-2 (Multi Family-2) to PD-MF-2 (Planned Development, MF-2) on approximately 3.6 acres of property located along the west side of Harris Street, north of Bethel School Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Clark and Halsey voting in favor. None opposed. Staff recommends approval. DIR. INITIALS: ° FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - 00 Document Name: @ZC604CH CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: ZC-604(CH) PD 187 West side of Harris Street, north of Bethel School Road MF-2 0Vlultifamily-2 to PD MF-2 (Planned Development, Multifamily -2) P&Z HEARING DATE: June 15, 2000 C.C. DATE: July 11, 2000 LOCATION: West side of Harris Street, North of Bethel School Road SIZE OF REQUEST: 3.6-+ acres of land OWNER/SUBDIVISION: Windance Condominiums CURRENT ZONING: MF-2 (Multifamily-2) PROPOSED ZONING: PD-MF-2 (Planned Development - Multifamily-2) HISTORY: This property was developed in 1985 for 60 quadraplex- style apartments, at a density of 15.9 dwelling units per acre under the existing MF-2 zoning. SURROUNDING LAND USE AND ZONING: North - Single Family; SF-9 PD- 95 South - Single Family; SF- 7 East - Single Family; SF-9 PD- 95 West - Single Family; SF-9 PD- 95 COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for medium density residential. Item # 4 DISCUSSION: This property is developed with 60 quadraplex style apartments. The single family subdivisions of Shadow Ridge Estates and Round Oak Estates surround this tract of land. Under the existing MF-2 District zoning, this property could potentially be redeveloped for 83 apartment units at a density of 22 dwelling units per acre. By placing this property under a PD, the existing site plan will be attached to the ordinance. Any redevelopment of the site will require a rezoning request, and notification of the neighboring property owners. The Comprehensive Plan designates this area for medium density residential, which is defined as a density of 4 to 8 dwelling units per acre. The existing development would fall under the Residential High Density land use category; however, medium density residential is more compatible with the surrounding land use and development patterns. If rezoned to PD, the existing structures would support the land use component of the Master Plan. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending a change in zoning from a MF-2 (Multifamily -2) to PD-187 - MF-2 (Planned Development, Multifamily-2) ALTERNATIVES: 1 ) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATFACHMENTS: 1) Zoning Location Map 2) Site Plan Item # 4 T H IE C I T Y 0 F COPFELL AGENDA REQUEST FORM a . CITY COUNCIL MEETING: July 11, 2000 ITEM # __ __ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-176R2, McMillan Estates, PD Amendment, to allow the development of two (2) single-family homes on approximately 1.04 acres of property and to establish SF-9 zoning on approximately 0.46 acres to allow two tracts to be incorporated into existing adjacent lots in the Old Coppert Estates subdivision located along the north side of Bethel Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Clark and Halsey voting in favor· None opposed. Approval recommended, subject to the following conditions: 1) On Lot 1, no garage door(s) shah face Bethel Road· 2) All garages shah be swing-entry and adequately screened from adjacent residents to the west. 3) All rear fencing materials to the west shah be limited to decorative metal only. 4) The driveways shah be 14' in width. ........ · ,, n,~,h,,~ v ,,,~A CONDITION MET 6) Acknowledgement that no structures can be built within the 100-yeax floodplain including swimming pools and fences. 7) q'h,, ~' -_,,~ ....;,~, v~ ......· ~, ....~,,,~ h,, a ~' ""'~ .....^ ~,,,h;,,,,, CONDITION MET 8) Show acreage of this revised PD on all exhibits. 9) Botanical names must be shown on landscape plan. 10) All plant material must meet Plant Palette requirements. W! ~ · :~/ ·W.I · Agenda Request Form - Revised 5/00 Document Name: @PD 176R2 CONTINUATION OF CONDITIONS FOR PD-176R2, McMTLLAN ESTATES, PD AMENDMENT: 11) A tree removal permit is required. 12) A Park Dedication Fee of $1,285 per dwelling unit is required. ~ ~ v ....... - *-,~,,,~ .....~.;~,.,- ~,,,,.~ 7~,~,~.,. ~ha,~, CONDITION MET 14) Correct zoning immediately to the east as "C', not "R". Staff recommends approval. CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-176R2, McMILLAN ESTATES PD AMENDMENT P & Z HEARING DATE: June 15, 2000 C.C. HEARING DATE: July 11, 2000 LOCATION: Along the north side of Bethel Road, approximately 120' east of Hearthstone Lane. SIZE OF AREA: 1.49 acres of property. CURRENT ZONING: PD-SF-9 (Planned Development, Single Family-9) REQUEST: PD amendment to retain approximately 1.03 acres as a PD, change the zoning on approximately .5 acres to SF-9 APPLICANT: Applicant: Terry Holmes, Holmes Builders 1406 Halsey Way, Suite 100 Carrollton, TX. 75007 (972) 242-1770 Fax: (972) 242-2931 HISTORY: This property was rezoned from SF-9 and Commercial to a residential PD to accommodate one single-family home on this 1.49 acre parcel in March of 1999. Subsequent to the rezoning the applicant elected to amend the PD to allow a 54-inch storm drain to traverse the property. In November of 1999 the Planning Commission continued that request umil January of 2000 to resolve several issues which arose involving landscaping, screening, and the introduction of the proposed 54-inch storm sewer. Council approved an amended PD which addressed these issues in March 2000. Item # 7 TRANSPORTATION: Bethel Road is projected to be a two lane, undivided street in from of this property, contained within a 50 foot right of way. SURROUNDING LAND USE & ZONING: North- Hunterwood Park and single family housing; PD SF-9 South- vacant; PD-LI and "R", Retail East - single-family house; "R" , Retail and "C" , Commercial West -single family housing; SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for residential low density uses with, if appropriate, an historic overlay. DISCUSSION: This property has been through a series of public hearings over the last 18 months, and a brief review of what has transpired will be helpful in putting this proposal into perspective. In March of 1999, this land was rezoned to PD-single family. At that time, one home was to be built upon the entire 1.49-acre site. There were a number of issues discussed at that hearing including landscaping, screening, preservation of existing tree stock, the introduction of a cabana and pool, flood plain designation/location, and the extension of a 54-inch storm drain across the property. Subsequently, Council approved an amendment to the PD in March of 2000 that addressed all these issues. Since that time, the contemplated resident has dropped this project and moved out of the City. Consequently, the builder is now proposing several changes to the PD. First, he wants to subdivide this property into 4 lots, two of which would be combined with two existing residences in Old Coppell Estates immediately to the west of this property. The total land area involved in that revision approaches one- third acre: .08 of an acre into lot 15 of Old Coppell Estates, and .26 acres into lot 16 of the same subdivision. Second, with the remainder of the land, the applicant wishes to subdivide the property into two lots of approximately one-half acre each. Third, the 54-inch storm drain is proposed to be eliminated. Forth, the approved landscape plan would be altered to the extent that very little landscaping-other than west property line screening- would be included in the PD. These are substantial changes from the original PD. Although the extension of the two lots at the back of the PD into Old Coppell Estates lots is relatively insignificant here, the two lots along Bethel Road generate additional comment. Item # 7 When the original PD was granted, two major issues were of concern to the residents affected by the zoning change: the pool/cabana, and the preservation of trees. The pool/cabana issue was resolved by Council when the plan was approved without the cabana being allowed. Landscaping/tree preservation was another issue. After much dialogue between this builder, the potential homeowner, and the neighborhood, a rather extensive landscaping plan was submitted and approved by Council. As shown on the revised landscape plan, the majority of the originally approved landscaping is eliminated. Staff concern with this revised application is that it appears most landscaping proposed in the original PD has been eliminated from the development. Some landscaping would naturally be expected to disappear as we now have two houses where one was previously planned. By comparing the original PD landscape plan (attached) to this proposal, it is evident that all landscaping north and east of the previously approved storm drain has been eliminated. Screening on the west property line has been modified. Although it could be argued either way which plan is most effective in screening the property line, the proposed plan does not meet all our landscaping criteria. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: It could be argued that the original PD contained a more attractive site development plan than the proposal. The original was one large lot; this plan is four smaller lots. Given that observation, the proposal does have merit. It is still a residential development. It still conforms to the Master Plan. It does meet most of our development requirements. That being the case, staff can recommend approval of this amendment to the PD subject to: -acknowledgement that no structures can be build within the 100-year floodplain including swimming pools and fences -the Landscaping Plan must be sealed by a Landscape Architect -show acreage of this revised PD on all exhibits -dimension width of driveways at r.o.w. -botanical names must be shown on landscape plan -all plant material must meet plant palette requirements -tree removal permit is required -Park Dedication Fee of $1285 per dwelling unit -Remove all plaUing notations from Zoning Exhibit Staff would also recommend that a change from PD to SF-9 be granted on the property to be incorporated into lots 15 and 16 of Old Coppell Estates Subdivision. Item # 7 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend denial of the request 3) Modify the request 4) Take under advisement for additional information ATTACHMENTS: 1) Zoning Exhibit for PD 176R2 2) Original PD 176R Site Plan 3) Amended PD Site Plan 4) Landscape Plan 5) Tree Mitigation Plan 6) DeparUnental Comments (Leisure Services) Item # 7 r~D ~-c,~r~ A ~. pl~ .qlTE Pl .A N Paraide a propoud landscaping plan of the properl~. A Tree Removal Permit is required to'be executed prior to rmoval The developer should be made a~oare that the proposed development is affexted by Park Dedication Ordinance stipulating $~,285.00 per dz~elltng uniL MAY 2(~ : ' ~ ~ ~ a~ CITYa~ COUNCIL MEETING: July 11, 2OOO ITEM # ~__ ITEM CAPTION: Consider approval of the Bethel Road Estates, Phase II Lots 1 and 2, Block 1, Minor Plat, to allow the development of two (2) single-family homes on approximately 1.04 acres of property along the north side of Bethel Road, approximately 120 feet east of Hearthstone Lane. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCafffey, Clark and Halsey voting in favor. None opposed. Recommendation recommended, subject to the following conditions: 1) m~. ,; ..... ; ..........;~ CONDITION MET 2) A tree survey be acceptable to the Leisure Services Department. 3) No development shall be allowed in the 100-year flood plain. 4) A Tree Removal Permit is required before any tree removal. 5) A Park Dedication Fee of $1,285 per dwelling unit is required. 6) Correct +~'~ o~ersb. i;p o; ,~,,~,,~, ~,t~d, CONDITION MET ?) Correct zoning to reflect "C" zoning south and east of request area. Staff recommends approval. Agenda Request Form - /00 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: BETHEL ROAD ESTATES, PHASE II, LOTS l&2, BLOCK 1, MINOR PLAT P & Z HEARING DATE: June 15, 2000 C.C. HEARING DATE: July 11, 2000 LOCATION: Along the north side of W. Bethel Road, approximately 120' east of Hearthstone Lane. SIZE OF AREA: 1.14 acres of property to be platted into two residential lots. CURRENT ZONING: PD-SF-9 (Planned Development, Single Family-9) REQUEST: Minor Plat approval for two residential home sims, one of .52 acres, the second at. 51 acres. APPLICANT: Owner: Engineer: The Holmes Builders Landes and Assoc. Terry Holmes 107 E. First St. 1406 Halsey Way, Ste. 100 Ft. Worth, TX. 76102 Carrollton, TX. 75007 (817) 870-1220 (972) 242-1770 Fax: (817) 870-1292 Fax: (972) 242-2931 HISTORY: This property was rezoned from SF-9 and C to PD SF-9 for one residential home in late 1999, and was referred to as the McMillan PD. TRANSPORTATION: Bethel Road is a two-lane asphalt unimproved street contained within a 50-foot r.o.w. SURROUNDING LAND USE & ZONING: North- single-family residential; PD SF-9 South -developing single-family subdivision; PD SF-9 Page #8 East - single family residence; "R", Retail West -single-family residential subdivision; SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for uses allowed in the Historic District (residences. are allowed). DISCUSSION: This is the companion piece to the zoning case heard directly before this application. If the amendment to the current PD is recommended by the Planning Commission, this plat is the next step in development of the property from one lot to two. Although the two lots are obviously smaller than the oversized lot contained within the original McMillan request, they do meet the development guidelines required of SF-9 parcels. With minor alterations including provision of the flood plain being accurately depicted on the Plat, correcting a zoning designation, and adhering to the comments of the other Departments (see attachments), this proposal could be supported by staff. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of this minor plat with the following conditions: -black line copies are required -tree survey acceptable to Leisure Services Department -no development in 100 year flood plain -Tree Removal Permit required before any tree removal -Park Dedication Fee of $1285 per dwelling unit -Correct ownership signature block ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Minor Plat Document 2) Departmental comments (Leisure Services) Page #8 I III I I I · II I I DEVEL OP~ REVIEW COMIVIITTEE . LEISlIRE S~ VICES COAg4ZNTS ITEM: Betlsel Road Estates, Minor Plat I ; DRC DATE: May 25, 2000 CONTACT: Brad Rd~ Park PZmm~ a~d Lgn~Isr~e Mangg~' II II I I I II IIII I I STA_ .TW S: PREEEM A Y_ I I[I I I I ~ll II A Tree Removal Permit is requi~td to be executed prior to removal of any trees. The developer should be made aware that the proposed development is affected by the Park Dedication Ordinance stipulating $1,285.00 per dwelling wail DRC052500d 26 CITY~ . COUNCIL MEETING: July 11, 2000 ITEM # --ZJ ITEM CAPTION: PUBLIC HEARING: Consider approval of the Old Coppell Estates, Replat of Lots 15 and 16, Block 1, to allow the incorporation of approximately 0.093 of an acre of property to Lot 15R and approximately 0.25 of an acre of property to Lot 16R located east of Hearthstone Lane; north of Bethel Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Clark and Halsey voting in favor. None opposed. 1) Both affected property owners agree to the request. 2) Acknowledgement that no building/structure can occur in the floodplain. 3) Property be rezoned from PD-176-SF-9 to SF-9. 4) L4~.,4c-, ........CT ,-,,- ~D ,,-,~ ~,~D ~. ,-h,, o;,,,,,~.,,,,,h~,,,-b. i.e., ',',,,~,~ nr;,,,,,v v ,,+ ~ ~o~ CONDITION MET 5) n,a;.,,..,+,, ~,~,~;,4,,,,-,, ........;.,,, ;.+ ....h ,,,+ CONDITION MET 6) n, ~,, u.,. prints ........;""~' CONDITION MET 7) Correct zoning to reflect "C" zoning south and east of request area. Staff recommends approval. DIR. INITIALS: q~C FIN. REVIEW: Cy~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: @OCEmp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: OLD COPPELL ESTATES, LOTS 15R&16R, BLOCK 1, MINOR PLAT P & Z HEARING DATE: June 15, 2000 C.C. HEARING DATE: July 11, 2000 LOCATION: Along the north side of W. Bethel Road, east of Hearthstone Lane. SIZE OF AREA: Roughly .08 acres to be platted into lot 15 and approximately .26 acres to be platted into lot 16, Old Coppell Estates. CURRENT ZONING: SF-9 (Single Family-9) REQUEST: Approval to enlarge two existing single family lots through the platting process. APPLICANT: Owner: Engineer: The Holmes Builders Landes and Assoc. Terry Holmes 107 E. First St. 1406 Halsey Way, Ste. 100 Ft. Worth, TX. 76102 Carrollton, TX. 75007 (817) 870-1220 (972) 242-1770 Fax: (817) 870-1292 Fax: (972) 242-2931 HISTORY: This property was rezoned from SF-9 to PD SF-9 for one residential home in late 1999, and was referred to as the McMillan PD. TRANSPORTATION: Bethel Road is a two-lane asphalt unimproved street contained within a 50-foot r.o.w. SURROUNDING LAND USE & ZONING: North- single-family residential; PD SF-9 South -vacant; PD SF-9 East - single family residence; PD-SF9 and "C" , Commercial West -single-family residence; SF-9 Page #9 COMPREHENSWE PLAN: The Comprehensive Plan shows the property as suitable for uses allowed in the Historic District (residences are allowed) DISCUSSION: This request is the outgrowth of a change in development plans for the property formerly known as McMillan Estates. Briefly, in late 1999 property included in this request was a portion of a somewhat emotional zoning application resulting in a one-lot development. After the zoning change, the McMillans decided to not develop the property. This request would take a portion and subdivide it into two adjacent single family lots. Each revised lot would gain additional square footage, with Lot 16 gaining approximately one-tenth of an acre, Lot 15 gaining approximately one-quarter acre of land. Both additions would extend current eastern property lines to the centerline of the creek and would contain considerable floodplain land. With the understanding from each property owner that no development can occur in the flood plain, staff could support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of this plaUing exercise provided: -both affected property owners agree to the request -acknowledgement that no building/structure can occur in the floodplain -property is rezoned from PD to SF-9 -identify owner of Lot 15R and 16R in signature block (Ex: Todd Wilcox, Lot 16R) -delineate additional acreage going into each lot -black line prints required ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Replat Document Page #9 AGENDA REQUEST FORM COUNCIL MEETING: July 11, 2000 ITEM # ITEM CAPTION: PUBLIC HEARING: Consider approval of the Lake Park Addition, Replat of Lot 15, Block E, to allow for the incorporation of approximately 0.5 of an acre of property into Lot 15R located at 579 Lake Park Drive. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Clark and Halsey voting in favor. None opposed. There are no conditions. Staff recommends approval. DIR. INITIALS: e~vise~' FIN. REVIEW: & CITY MANAGER REVIEW: Agenda Request Form - 5/00 Document Name: @LP15Erp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: LAKE PARK ADDITION, LOT 15, BLOCK E, REPLAT P & Z HEARING DATE: June 15, 2000 C.C. HEARING DATE: July 11, 2000 LOCATION: 579 Lake Park Drive. SIZE OF AREA: Approximately 0,485 acres of land CURRENT ZONING: PD-SF-7 (Planned Development, Single Family-7) REQUEST: Replat Lot 15 Block "E' to incorporate 0.212 acres of land. APPLICANT: Owner: Stephen R. and Mary Ann Conner 579 take Park Drive Coppell, Texas75019 972462-9582 Engineer: Dowdy, Anderson & Associates 5225 Village Creek Drive Plano, Texas 75093 972- 93 1-0964 FAX: 972-931-9538 HISTORY: PD 103 was established in 1987 for single family homes. The Final Plat for Lake Park Addition was originally approved in 1991. In 1994, City Council approved a replat of Lots 10-14, 17, 19-22 and 24-25 to incorporate additional land adjacent to the flood plain. The subject property was not included in the re-platting activities. TRANSPORTATION: MacArthur Blvd. is a six lane divided thoroughfare serving this property. Lake Park Drive is a residential street built within 50 feet of right-of-way. Item # 10 SURROUNDING LAND USE & ZONING: North- flood plain; C - Commercial South- single family; PD-SF-7 East - single family; PD-SF-7 West - single family; PD-SF-7 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property for single family uses. DISCUSSION: The purpose of this replat is to incorporate an additional 9,223 square feet of land into the existing northern portion of the lot. The lot size will be increased to approximately 0.5 acres, thus allowing the construction of a swimming pool. This land is adjacent to the flood plain. When this property was initially platted, the developer retained this strip of land. A similar re-platting activity was approved in 1994 on 12 lots, where the homeowners acquired additional land and incorporated the land into their lots. There was a parkland/lake, hike and bike trail dedication provided adjacent to the western most lots of this subdivision, which does not abut these lots. If this requested re-platting is approved then there will be only four (4) lots which are yet to replat this additional land into their existing lots. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the REPLAT as submitted ALTF_RNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Replat Document Item # 10 CITY? ~ . ~ COUNCIL MEETING: July 11, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Riverside Church of Christ Addition, Replat, to allow the construction of a two-story addition to the existing church and additional parking spaces on 6.5 acres of property located at 150 E. Beltline Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Clark and Halsey voting in favor. None opposed. Approval recommended, subject to the following conditions: 1) Approval from TXU for the relocation of the utilities and associated easements. 3) Black line prints required for plat filing. Staff recommends approval. DIR. INITIALS: ~, FIN. REVIEW: & CITY MANAGER : REVI Agenda Request Form - Revised 5/00 Document Name: @RCofCrp CITY OF COPPY~ .L P~G DEPARTMFNT STAFF REPORT CASE: RIVERSIDE CHURCH OF CHRIST REPLAT P & Z HF_ARING DATE: June 15, 2000 C.C. I4F. ARING DATE: July 11, 2000 I.DCATION: 150 Beltline Road SIZF. OF AREA: Approximately 6.5 acres of property. CURRENT ZONING: C (Commercial) and LI (Light Industrial) REQUEST: Replat approval. APPLICANT: Applicant: Michael Peeples Michael Peeples Engineers and Planners 25 14 Taxpley Road, Suite 118 Carrollton, TX 75006 FAX: 972416-5289 HISTORY: In 1993, the City Council approved a Site Plan and Final Plat for this property, subject to the escrow fee for improvements to Beltline Road being waived. The original site plan included a 23,143 square foot, two story church with 244 parking spaces. The remaining land was being devoted to playground, parking, circulation, and landscaping. On May 9, 2000 the City Council appmved an amended site plan for this Wact which enlarged the facility to 47,891 square feet, added a spire and increased the number of parking spaces to a total of 395 spaces, subject to the property being re- platted. Item # 11 TRANSPORTATION: Beltline Road serves the subject site along the southern border and Northlake Drive along the eastern border. Beltline Road at ibis location is presently a substandard 2-lane asphalt roadway. Future plans call for a six-lane divided thoroughfare (P6D). North lake Drive has 37 feet of pavement, within 60' of right-of-way. SURROUNDING LAND USE & ZONING: North- Mini-warehouses; LI, Light Industrial zoning South - Nord~ake Power Plant East - Light manufacturing; LI, Light Industrial zoning West - vacant land; "C" Commercial COMPREHF~NSIVE PLAN: The ComlPJgnsive Plan shows the property as suitable for light industrial uses. DISCUSSION: This property was originally platted in 1993, with setback lines and various utility easements. A replat of this lot is being required prior to the issuance of a building permit for this expansion. The proposed expansion will require the relocation of existing utilities and their associated easements. The relocated easements and fife lanes are indicated in this replat. City staff has reviewed a concept utility plan, however, we have not received approval from TXU. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of this REPLAT subject to: 1. Approval from TXU for the relocation of the utilities and associated casements. 2. Adding the zoning on the adjacent properties. ALTERNATIVES: 1 ) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATrACHMENTS: 1) Department Comments: TXU Comments 2) Riverside Church of Christ Repht Item# 11 TXU Electric & Gas 4200 North Belt Une ;Irving, TX 75038 Comments for City of Coppell Development Review Committee May 25, 2000 Riverside Church of Christ Addition, Replat Plat unacceptable; need easement for relocation of transformer; contact Rick Fielding at 972-888-1344 Bobby Oney MAY 25 AGENDA REQUEST FORM COUNCIL MEET~G: July 11, 2000 ITEM ~ ~ ITEM CAPTION: Consider approval of the Coppell Center for the Arts, Amended Site Plan, to allow for an amendment to the parking plan on approximately one acre of property located on the west side of Moore Road; south of Sandy Lake Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: June 15, 2000 Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit, McGahey, Kilttell, McCaffrey, Clark and Halsey voting in favor. None opposed. There are no conditions. Staff recommends approval. DIR. INITIALS: ~ ~ FIN. REVIEW: C~ CITY MANAGER REVIEW~ Agenda Request Form- Revised 5/00 Document Name: @CCoAspa CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: COPPELL CENTER FOR THE ARTS AMENDED SITE PLAN P & Z HEARING DATE: June 15, 2000 C.C. HEARING DATE: July 11, 2000 LOCATION: West side of Moore Road; south of Sandy Lake Road. SIZE OF AREA: Approximately one acre of property. CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Site Plan amendment to modify the number of handicap parking spaces from 4 to 2. APPLICANT: Applicant: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 972-462-0022 HISTORY: This property was adapted from a fLre station to the City's Cultural Arts facility in 1998. TRANSPORTATION: Moore Road is a C2U undivided street contained within a 60-foot right of way and is built to standard. SURROUNDING LAND USE & ZONING: North- Single-family residential; SF-12 South - Austin Elementary School; SF-12 East - Single-family residences; PD SF-7 West - Austin Elementary School; SF- 12 Item # 13 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for public/institutional uses. DISCUSSION: This request is an effort to rectify a difference between an approved plan for the redevelopment of the Fire station into an Arts Facility, and what is on the ground today. Basically, the approved plan showed four handicapped parking places being placed south of the building. Upon actual construction, however, two handicapped spaces were provided. This discrepancy was created when we received comments from the Texas Dept. of Licensing and Regulations relative to our compliance with the American Disability Act requirements. During the State review it was noted that based upon the size/activity of the building, two ADA parking spaces would meet federal guidelines (see attached letter, bottom of pg. 3). In an attempt to be fiscally responsible, the two State required parking spaces were constructed, the two additional spaces were omitted. It has recently been brought to the City's attention that the approved site plan is not what is on the ground today, hence, this request to amend the original proposal. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is comfortable with the revisions as proposed. We have had no complaints regarding the number of provided handicap spaces, the State has approved a plan with two spaces, the two spaces currently provided meet ADA guidelines, and the addition of two additional spaces would be costly to the City and reduce the overall number of parking spaces being provided at the Arts Center. Staff recommends approval of the site plan amendment ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Approved Site Plan 2) Revised Site Plan for Handicapped Parking 3) Letter from Texas Dept. of Licensing and Regulation Item # 13 4 Handicap Parking Spaces APPROVED SITE PLAN ,, ~ F--.XI,~ i .. II- I' I1'" , ': ." ' ."12 ~ ilII : .. ',"' .' t" . .. :. .Fd~., ,' - : TTi- 3 " '11 . -II' . . . '1 -..'.. ,I ' '.1- .~ ~ = '~ ~ -'- ~ '-I' n' ~J - ' ' I1:- ll" .'. " :...' ".."-I '-.T. il .. ~. '.: ". · . .' ,. , ', .! ~ ~1,".' :,":' ' : !.. · "'... -. ' :'1 ll.' "'~1" '.' """' '~ :; "I u '. ~z'.~..' .',-'1 I1' _' I- '. "' ' ':~"~ ' x":. '..': :; ." '... t' PArKIN, I1: · . 1 :. '-L:' L ~1': ~.... ·" -' u ' ~ - .. '. ,,. '~:':.-. ",.': .11 "' 'h; '" "" ": ",: ("-':" .I . ... .".".'.':"' C ~ ::. ~ - .'. - : ,- - .. :..': "::.'.:. ;..2: Ii.'.' '-. ':-. ~' .""'..".'- II ' xx -.-; II II "" .::-~.': ':.'.::.-: .. ,',..'... ~- -.. ' 157 REVISED SITE PLAN FOR HANDICAPPED PARKING H O O R E R O A TEXAS DEPARTMENT OF LICENSING AND REGULATION Code Review and Inspections ARCHITECTURAL BARRIERS P.O. Box 12157 Austin, Texas 78711 ~1~463-3211 FAX ~l~47~2886 ROBERT BATSON SEP-04-1998 ROBERT BATSON & GEORGE EDWIN ARCHITECTS ROBERT BATSON 1602 ALDEN IRVING, TX 75061 Re: CIOOEK/{ ARTS CENTER EABPRJ98008575 FIRE STATION NO 2 RENOVATION - COPPELL 157 S MOORE RD COPPELL, TX 75019 PLANS, SIGNED A/~D SEALED, DATED 2/2/98 Dear MR. BATSON Enclosed are the results of the plan review(s) completed on the referenced project. Identified on the worksheet(s) are areas of nonconformance with accessibility standards adopted by the Texas Department of Licensing and Regulation for purposes of ensuring compliance with Article 9182, Texas Civil Statutes. Although n~nconforming items have been noted, verification of revisions / resubmittals are only required for approval where noted on the worksheet(s). Construction documents cannot be approved as required by law until the material is submitted and reviewed. Items which are the responsibility of the owner should be referred to the appropriate person for action. This determination does not address applicability of the Americans with Disabilities Act (ADA), (P.L. 101~336), or any other state, local or federal requirement. For information on the ADA, call the ADA Hotline, (800)949-4232 or the United States Department of Justice at (202)514-0301. Please reference the EABPRJ number when submitting supporting documents or revisions in response to this report. Questions concerning the review should be directed to DEBORAH K JARNS at (512)463-3211. REVIEW COMPLETED - DISAPPROVED :DKJ TEXAS DEPAJqTMENT OF LICENSING AND REGULATION PLANS ~ SPECIFICATIONS REVIEW WORKSHEET PROJECT NO.: EABPRJ98008575 Article 9102, T.C.S. REVIEW : EAB1999023324R PAGE: 1 PROJECT: FIRE STATION NO 2 RENOVATION - COPPELL FACILITY: CIOOEKK ARTS CENTER OWNER: CITY OF COPPELL ARCHITECT: ROBERT BATSON & GEORGE EDWIN ~tCHITECTS REVIEWER: JAI{NS, DEBORAH K DATE: 09/01/98 4 ACCESSIBLE ELEMENTS AND SPACES: TECHNICAL REQUIREMENTS **NOTE: THIS REVIEW WAS PREPARED USING THE "TEXAS ACCESSIBILITY STkN'DARDS", EFFECTIVE APRIL 1, 1994. ALL SPACES ~dqD ELEMENTS OF THE BUILDING REQUIRED TO BE ACCESSIBLE MUST MEET THE PROVISIONS OF THESE ST~dVD~dRDS. BECAUSE CONSTRUCTION INVOLVES THE ALTERATION OF AN kREA CONTAINING A PRIM3~RY FUNCTION, COMPLIANCE IS REQUIRED WITH SECTION 4.1.6(2) ~ AREAS THAT SERVE THE ~J~TERED AREA, INCLLFDING THE ACCESSIBLE ROLFFE, PARKING, TOILET ROOMS, TELEPHONES AND DRINKING FOUlqTAINS ARE REQUIRED TO COMPLY. **NOTE: IF "ENSURE" OR "OK" ACTION IS NOTED IN SECTION(S), THEN A WRITTEN RESPONSE IS NOT REQUIRED. IF "PLEASE RESPOND" ACTION IS NOTED IN SECTION(S), THEN WRITTkN./GP~APHIC DOCUMENTATION IS REQUIRED TO VERIFY COMPLIANCE WITH THE ST~ID~RDS. ITEMS NOTED AS "LrNACCEPT~tBLE-, W~HICH ARE BEYOND THE SCOPE OF THE ARCHITECT/DESIGNER/BUILDER, SHOULD BE FORWARDED TO THE OWNER AND/OR TEN~FF FOR ACTION. CONSTRUCTION DOCUMENTS CANNOT BE CONSIDERED APPROVED UNTIL ALL "UNACCEPTABLE" ITEMS ARE RESOLVED. PROJECT DESCRIPTION: RENOVATION OF AN EXISTING STRUCTURE TO HOUSE AN ARTS CENTER CONSISTING OF, BLFF IS NOT LIMITED TO, A THEATRE AND REHEARSAL A/~EA, ~dq OFFICE, TICKET ~ EXHIBIT AREA, BREAK ROOM, GREEN ROOM, AND M3tKEUP/CHANGING ROOMS. COMPLIANCE WITH SECTION 4.1.6 ~ APPLICABLE PROVISIONS OF SECTIONS 4.1 THROUGH 4.35 IS REQUIRED. ~'., PLA/qS ,E SPECIFICATIONS REVIEW WORKSHEET PROJECT NO.: EABPRJ98008575 Article 9102, T.C.S. REVIEW : EAB1999023324R PAGE: 2 PROJECT: FIRE STATION NO 2 RENOVATION - COPPELL FACILITY: CIOOEKK ARTS CENTER REVIEWER: JAHNS, DEBORAH K DATE: 09/01/98 UNACCEPTABLE 4.3 ACCESSIBLE ROUTE (1) Exterior Routes **NOTE: IN COMPLIAI~CE WITH SECTION 4.1.6(2) AND 4.3.2(1), AN ACCESSIBLE ROUTE IS REQUIRED FROM ACCESSIBLE PARKING SPACES TO THE BUILDING'S ENTRANCE. ACCORDING TO SHEET A1, THERE APPEARS TO BE A SIDEWALK PROVIDED FROM HC PARKING SPACES TO THE BUILDING'S ENTRANCE. OK - EXCEPT AS NOTED BELOW (5) Vehicle Hazards **NOTE: ACCESSIBLE PARKING SPACES ARE IDENTIFIED ON SHEET A1 BY PARKING SIGNAGE ONLY. IT APPEARS THAT 4 ACCESSIBLE PARKING SPACES ARE PROVIDED NEAR THE ENTRY SIDEWALK, HOWEVER, USERS OF THESE SPACES APPEAR TO BE REQUIRED TO TRAVEL BEHIND PARKED CARS IN ORDER TO ACCESS THE SIDEWALK. IN COMPLIANCE WITH SECTION 4.3.2(5), ACCESSIBLE ROUTES CANNOT BE LOCATED SO THAT USERS ARE REQUIRED TO WHEEL OR WALK BEHIND PARKED CARS, OTHER THAN THEIR OWN, OR IN TRAFFIC LANES. AS CONFIGURED, THEREFORE, THE ACCESSIBLE ROUTE FROM ACCESSIBLE PARKING SPACES DOES NOT COMPLY. **********ENSURE COMPLIANCE WiTH SECTION 4.3.2(5) 4.3.7 Slope **NOTE: NO INFORMATION IS PROVIDED TO VERIFY THAT THE ACCESSIBLE ROUTE REQUIRED BY SECTION 4.3.2(1) HAS A SLOPE OF NO MORE THAN 5% IN THE DIRECTION OF TRAVEL OR 2% IN THE CROSS SLOPE. **********ENSURE COMPLIANCE WITH SECTION 4.3.7 4.3.8 Changes in Levels **NOTE: NO INFORMATION IS PROVIDED TO VERIFY WHETHER THERE IS ANY CHANGES IN LE"QIEL GREATER THAN 1/2" ALONG THE ACCESSIBLE .~LANS,~ SPECIFICATIONS REVIEW WORKSHEET PROJECT NO.: EABPRj98008575 Article 9102, T.C.S. REVIEW : EAB1999023324R PAGE: 3 PROJECT: FIRE STATION NO 2 RENOVATION - COPPELL FACILITY: CIOOEKK ARTS CENTER REVIEWER: JAHNS, DEBORAH K DATE: 09/01/98 ROUTE REQUIRED BY SECTION 4.3.2(1). **********ENSURE COMPLIANCE WITH SECTION 4.3.8 SEE ADDITIONAL COMMENTS IN SECTION 4.14 **NOTE: NO INFORMATION IS PROVIDED TO VERIFY WHETHER THERE IS A CHANGE IN LEVEL FROM THE CONF/FORMAL AREA TO THE PATIO OR FROM THE SIDEWALK TO THE BUILDING'S ENTRANCE. **********ENSURE COMPLIANCE WITH SECTION 4.3.8 NOT NOTED 4.4 PROTRUDING OBJECTS NOT NOTED 4.5 GROUND AND FLOOR SURFACES 4.5.3 Carpet **NOTE: IF CARPET IS PROVIDED WITHIN THE SCOPE OF THIS PROJECT, COMPLIANCE WITH SECTION 4.5.3 IS REQUIRED. UNACCEPTABLE 4-~'6 PARKING AND PASSENGER LOADING ZONES 4.6.1 Minimum Number **NOTE: ACCORDING TO SHEET A1, THERE APPEARS TO BE A TOTAL OF 39 PARKING SPACES PROVIDED FOR THIS FACILITY. IN COMPLIANCE WITH SECTION 4.1.2(5)(A), TABLE 2, 2 OF THE 39 SPACES ARE REQUIRED TO BE ACCESSIBLE AND IN ACCORDANCE WITH SECTION 4.1.2(5)"(B), 1 OF THE 2 SPACES MUST BE VAN ACCESSIBLE. ACCORDING TO PLANS, IT APPEARS THAT 4, 12' WIDE, PARKING SPACES ARE IDENTIFIED WITH HC PARKING SIGNAGE. NO ACCESS AISLES ARE DESIGNATED SO IT IS ASSUMED THAT THE 12' WIDTH IS ALLOWED FOR THE ACCESS AISLE AND THE PARKING SPACE. THE MINIMUM WIDTH OF ANACCESSIBLE PARKING SPACE AND ACCESS AISLE, HOWEVER, IS 13', (8' FOR THE PARKING SPACE AND 5' FOR THE ACCESS AISLE), AND THE MINIMUM VAN ACCESSIBLE SPACE IS 16', (8' FOR THE PARKING SPACE AND 8' FOR THE ACCESS AISLE). NOT ENOUGH INFORMATION IS PROVIDED TO VERIFY COMPLIANCE. **********ENSURE THA~CE~SSIBLE PARKING SPACES, COMPLYING WITH "~Ia~Nh,~D SPECIFICATIONS REVIEW WORKSHEET PROJECT NO.: EABPRJ98008575 Article 9102, T.C.S. REVIEW : EAB1999023324R PAGE: 4 PROJECT: FIRE STATION NO 2 RENOVATION - COPPELL FACILITY: CIOOEKKARTS CENTER REVIEWER: JAHNS, DEBORAH K DATE: 09/01/98 %~_.REQUII~S OF SE,CTIONS 4.1.2(5) ~ 4.6 ARE PROVIDED 4.6.4 Signage **NOTE: ACCORDING TO PLANS, HC PARKING SIGNAGE, COMPLYING WITH CITY OF COPPELL REQUIRBR4ENTS, IS PROVIDED. OK - IF SAM~ AS REQUIRED BY TAS SECTION 4.6.4 UNACCEPTABLE 4.7 CURB RAMPS **NOTE: ACCORDING TO SHEET A1, TWO CURB RAMPS ARE PROVIDED AT MOORE ROAD. NO INFORMATION IS PROVIDED TO VERIFY COMPLIANCE WITH THE REQUIREMENTS OF SECTION 4.7. **********ENSURE COMPLIANCE WITH SECTION 4.7 NOT NOTED 4'.8 RAMPS NOT NOTED 4.9 STAIRS NOT NOTED 4.10 ELEVATORS NOT NOTED 4.11 PLATFORM LIFTS (Wheelchair Lifts) NOT NOTED 4.12 WI/~DOWS UNACCEPTABLE 4.13 DOORS 4.13.5 Clear Width **NOTE: NO INFORMATION IS PROVIDED TO VERIFY THAT NEW DOORS PROVIDED WITHIN THE SCOPE OF THIS PROJECT COMPLY WITH SECTION 4.13.5. **********ENSURE COMPLIANCE WITH SECTION 4.13.5 4.13.6 Maneuvering Clearances at Doors **NOTE: DIMENSIONS ARE NOT PROVIDED, THEREFORE, UNABLE TO VERIFY WHETHERA MINIMUM OF 48" OF MANUEVERING CLEARANCE IS PROVIDED AT DOOR 9, (ENTRY TO TOILET 115). IF THIS DOOR HAS A CLOSER, 54" OF MANUEVERING CLEARANCE '~ ~ i '~~ CITY,~ COUNCIL MEETING: July 11, 2000 ITEM # 7..,,,~' ITEM CAPTION: Consider approval of accepting the resignation of Pamela Kurtzman from the Coppell Economic Development Committee and appointing a replacement. SUBMITFED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: %ecoixlappt.doc ~'Gary Sieb - FW: Resignation from Economic Development Partnership ,, Page I ~ From: "pamela.s.kurtzman" <pamela.s.kurtzman@bankofamerica.com> To: gsieb <gsieb@ci.coppell.tx.us> Date: Wed, Jun 14, 2000 1:07 PM Subject: FW: Resignation from Economic Development Partnership > I am sorry to say that tonight will be my last meeting as a City of > Coppell representative on the Economic Development Partnership. I have > thoroughly enjoyed working with you, Chad, Isabel, Jim and Barbara over > the last three years helping to make Coppell a competitive city for new > business to consider. It has been both a learning experience and a way to > contribute to my local community. > > Although our family has loved living in Coppell, we find that much of our > life is spent over in the Far North Dallas/South PIano area and it is > starting to wear on our lives. We have decided to buy a home over there > and expect to move later this summer. > > With the summer vacation upon us, it makes sense for me to resign now. I > was hoping to see the Triple Freeport issue through to the end- please > keep me posted on the outcome. I hope our paths will cross again in the > future. > > I will be at the meeting tonight to say goodbye to everyone. > > Sincerely, > >Pam Kurtzman II I · ~ ~; 4~ CITY COUNCIL MEETING: July 11, 2000 ITEM # i II ITEM CAPTION: Presentation by Arthur Kwast regarding disabled parking at the Arts Center. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:: Agenda Request Form - Revised 5/00 Document Name: !Kwast '?o: James G Witt - City Manager <JWitt@ci.coppell.tx.u... Date: Mon, May 1, 2000 10:56 AM Subject: RPI and Citizen requested agenda item, Tue 9 May 2000 1 May 2000 VIA E-MAIL ONLY James G. Witt, City Manager City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Re: REQUEST FOR PUBLIC INFORMATION and Citizen requested agenda item City Council meeting, Tue~ 9 May 2000 Dear City Manager: I reside at 123 Sandy Oak Lane, Coppell, Texas. Please schedule a citizen requested agenda item on Tuesday 9 May 2000. The City Council shall, by ordinance .... provide a method by which a citizen may have an item placed on the City Council agenda. See HOME RULE CHARTER FOR THE CITY OF COPPELL, TEXAS, Article 3, Sec. 3.12 RULES OF PROCEDURE. Any resident of the City of Coppell shall have the dght and opportunity to submit an item to be placed on the agenda of a regular council meeting. See ORDINANCE No. 87377, 1-10-6.1.2, Citizens' Submission of Agenda Items. BACKGROUND The Coppell City Council ("Council") approved plans to remodel the municipal facility at 157 S. Moore Road subject to condition(s) stipulated by the Council. The remodel contract was approved by Council vote on 28 July 1998. See COUNCIL MINUTES 07-28-98, Item Nos. 18, 19, 20. Recently, I reviewed documents responsive to Request for Public assured orally by Fire Marshall Travis Crump and Debbie Cravey, Bldg. Insp. Dept. Secretary, that the Response 5375 documents included all plans and records pertaining to the 157 S. Moore Road HAY - 1 2000 remodel, C. 'FY SECRETARY I reviewed the plans on file at the Building Inspection Department C'The Plans"). The Plans were dated "2-2-98" by the i:7:fTY OF': COPPEEL architect. See Exhibit_l. The Plans were signed by a building official on a red "CITY OF COPPELL REVIEWED" stamp with the handwritten note, "approved per Council comments." See Exhibit_2. · R'~'I" RPI and Citizen reqtjesled age~'~la ite'i:~'. Tt~e 9 May 2000 Page 2 The Plans contain a note, "NEW HANDICAPPED PARKING SIGNS TO MEET ,CITY OF COPPELL REQUIREMENTS" ("The Note"). See Exhibit_3. By way of four (4) arrows pointing away from The Note, The Plans indicate a total of four (4) parking spaces for disabled citizens are required adjacent to the building in the first four (4) spaces closest to Moore Road. See again Exhibit_3. The remodel construction, accepted by the City of Coppell as final and complete, provided for only two (2) parking spaces for disabled citizens. See Exhibit_4. Without regard to this defect, a Certificate of Occupancy was issued by the Building Inspection Department. Construction ceased approximately 12 months ago. There has been no apparent effort on the part of the contractor or the City of Coppell to remedy the defect by bringing the number of parking spaces for disabled citizens into compliance with The Plans. There was no record or document on file in Response 5375 which indicates a variance from The Plans with regard to the number of disabled parking spaces required. It is probable that final payment has been made to the contractor and the cost to remedy the defect must now be paid by the taxpayers of Coppell. NATURE AND SUBJECT OF THE AGENDA ITEM The agenda item will regard the non-compliance of the municipal facility at 157 S. Moore Road with The Plans "appreved per Council comments." Specifically, the two (2) parking spaces designated for disabled citizen parking does not provide the required four (4) spaces as shown on The Plans. The need to call this matter to the Council's attention via the agenda item may be mitigated by the amount of progress, if any, to bring the number of parking spaces for disabled citizens into compliance with The Plans. REQUEST FOR PUBLIC INFORMATION Please provide a date and time certain to inspect the original of: (1) any document(s) providing a variance from The Plans with regard to the required number of parking spaces for disabled citizens, and (2) all comment sheets, notes, memoranda and other similar documents which reference or whose subject matter concerns Council comments regarding the number of parking spaces for disabled citizens. See video tape of Council meeting where The Plans were "approved per Council comments." Please ask the RPI designee to return, via reply e-mail, a copy of this request for public information and indicate the RPI id number assigned to this request. Very truly yours, Arthur H. Kwast ERR- RIll ari~i Cilizen requested agenda i!,:m, Tue 9 May 2000 ~.a...ge...3.., Art. Kw~st@alu mni. UTexas. net P.O: Box 13'97, Coppell, Texas, 75019 972_393_5900 voice 972_393_5910 fax cc: Clay Phillips, Deputy City Manager Libby Ball, City Secretary Allana Lambreth, RPI designee Robert Eugene Hager, City Attorney attachment(s): Exhibit_l: The Plans Exhibit_2: The Plans were "approved per Council comments" Exhibit_3: The Note - Four (4) '"New Handic_~pped Parking signs to meet City of Coppell requirements"' Exhibit_4: Only two (2) parking spaces actually designated for disabled citizens -end- CC: Allana Lambreth - RPI designee <RPl@ci.coppell,tx .... I'Libby Ball- c:wINDowS:rEMP~smailL6.jpeg ' Page'l 'l'ibby Ball - C:WINDOWST'EMPnsmail2A.jPeg ..... Page 1 'Libby Ball - C:WINDOWSTEMPnsmailT4 jpeg Page 1 From: <ArtKwast@OpenGovtCoppell .com> To: James G Witt - City Manager <JWitt@ci.coppell.tx.u... Date: Fri, Jun 23, 2000 8:59 AM Subject: Request to reschedule citizen agenda item 23 Jun 2000 VIA E-MAIL ONLY James G. Witt, City Manager City of Coppell JWitt@ci .coppell .tx.us RE: Request to reschedule citizen agenda item Dear City Manager: Deputy City Manager Phillips informed me the issue of the number of disabled parking spaces at the municipal facility at 157 Moore Road is going through a variance process which includes the Development Review Committee (City employees), the Planning and Zoning Commission (Council appointees), and the City Council. I understand this variance process is incomplete, in that the issue has not been before the Council. The Council's action (or inaction) to provide parking for more that two disabled persons out of a possible 180 persons (one percent), will determine whether or not my agenda item needs to proceed. Therefore, my agenda item would be premature on Tue 27 June 2000. Disabled parking should be provided for more than the Mayor's son and only one other without regard to whether there have been any formal complaints. For example: Having adequate restroom facilities for the disabled is a matter of common courtesy and must be provided as a matter of law, without the filing of a formal complaint. Similarly, adequate disabled parking for more than one percent of the building occupancy is a matter of common courtesy even if (assuming for this discussion) one percent meets the minimum letter of the law requirement. Complaints should not have to be filed by disabled arts patrons. Thank you for your recent communication in which you made it clear that money is not an issue in this matter. The issues are now reduced to (1 .) the Council's collective sence of common courtesy for the disabled and (2.) the Council's willingness to grant the city manager an after construction variance on a city project which (for purported money reasons) was not originally built according to Council approved plans. Please reschedule my agenda item for Tue 11 July 2000. Please return, via reply e-mail, a copy of this e-mail to acknowledge your receipt of this request to reschedule the agenda item. Very truly yours, Arthur H. Kwast ArtKwast@OpenGovtCoppell .com Open Government Coppell www.opengovtcoppell .com P.O. Box 1397, Coppell, Texas, 75019 972 393 5900 voice 972 393 5910 fax CC: Clay Phillips, Deputy City Manager Libby Ball, City Secretary Kathy Wilkerson, Deputy City Secretary Attachment: RPI 5396 (5-01-2000) Return-Path: <Art. Kwast@Alumni. UTexas.net> From: Art. Kwast@Alumni. UTexas.net Delivered-To: Ad. Kwast@Alumni. UTexas.net Date: Mon, I May 2000 10:56:46 -0500 X-Sender: sei@mail.applink.net To: James G Witt - City Manager <JWitt@ci.coppell.tx.us> Subject: RPI and Citizen requested agenda item, Tue 9 May 2000 Cc: Allana Lambreth - RPI designee <RPl@ci.coppell.tx.us>, Clay Phillips - Deputy City Manager <CPhillip@ci.coppell.tx.us>, Libby Ball - City Secretary <LBall@ci.coppell.tx.us>, Robert Eugene Hager - City Attorney <RHager@njdhs.com> X-Attach merits: C :\O G C\RP 1\5396AG DA\0501 EX_I. J PG; C :lOG C\RP 1\5396AG DA\0501 EX_2. J PG; C :\OGC\RP 1\5396AG DA\0501 EX_3 .J PG; C :lOG C\RP 1\5396AG DA\0501 EX_4. J PG; 1 May 2000 VIA E-MAIL ONLY James G. Witt, City Manager City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Re: REQUEST FOR PUBLIC INFORMATION and Citizen requested agenda item City Council meeting, Tue. 9 May 2000 Dear City Manager: I reside at 123 Sandy Oak Lane, Coppell, Texas. Please schedule a citizen requested agenda item on Tuesday 9 May 2000. The City Council shall, by ordinance .... provide a method by which a citizen may have an item placed on the City Council agenda. See HOME RULE CHARTER FOR THE CITY OF COPPELL, TEXAS, Article 3, Sec. 3.12 RULES OF PROCEDURE. Any resident of the City of Coppell shall have the right and opportunity to submit an item to be placed on the agenda of a regular council meeting. See ORDINANCE No. 87377, 1-10-6.1.2, Citizens' Submission of Agenda Items. BACKGROUND The Coppell City Council ("Council") approved plans to remodel the municipal facility at 157 S. Moore Road subject to condition(s) stipulated by the Council. The remodel contract was approved by Council vote on 28 July 1998. See COUNCIL MINUTES 07-28-98, Item Nos. 18, 19, 20. Recently, I reviewed documents responsive to Request for Public Information No. 5375 in the Building Inspection Department. I was assured orally by Fire Marshall Travis Crump and Debbie Cravey, Bldg. Insp. Dept. Secretary, that the Response 5375 documents included all plans and records pertaining to the 157 S. Moore Road remodel. I reviewed the plans on file at the Building Inspection Department ("The Plans"). The Plans were dated "2-2-98" by the architect. See Exhibit_l. The Plans were signed by a building official on a red "CITY OF COPPELL REVIEWED" stamp with the handwritten note, "approved per Council comments." See Exhibit_2. The Plans contain a note, "NEW HANDICAPPED PARKING SIGNS TO MEET CITY OF COPPELL REQUIREMENTS" ("The Note"). See Exhibit_3. By way of four (4) arrows pointing away from The Note, The Plans indicate a total of four (4) parking spaces for disabled citizens are required adjacent to the building in the first four (4) spaces closest to Moore Road. See again Exhibit_3. The remodel construction, accepted by the City of Coppell as final and complete, provided for only two (2) parking spaces for disabled citizens. See Exhibit_4. Without regard to this defect, a Certificate of Occupancy was issued by the Building Inspection Department. Construction ceased approximately 12 months ago. There has been no apparent effort on the part of the contractor or the City of Coppeil to remedy the defect by bringing the number of parking spaces for disabled citizens into compliance with The Plans. There was no record or document on file in Response 5375 which indicates a variance from The Plans with regard to the number of disabled parking spaces required. It is probable that final payment has been made to the contractor and the cost to remedy the defect must now be paid by the taxpayers of Coppell. NATURE AND SUBJECT OF THE AGENDA ITEM The agenda item will regard the non-compliance of the municipal facility at 157 S. Moore Road with The Plans "approved per Council comments." Specifically, the two (2) parking spaces designated for disabled citizen parking does not provide the required four (4) spaces as shown on The Plans. The need to call this matter to the Council's attention via the agenda item may be mitigated by the amount of progress, if any, to bring the number of parking spaces for disabled citizens into compliance with The Plans. REQUEST FOR PUBLIC INFORMATION Please provide a date and time certain to inspect the original of: (1) any document(s) providing a variance from The Plans with regard to the required number of parking spaces for disabled citizens, and (2) all comment sheets, notes, memoranda and other similar documents which reference or whose subject matter concerns Council comments regarding the number of parking spaces for disabled citizens. See video tape of Council meeting where The Plans were "approved per Council comments." Please ask the RPI designee to return, via reply e-mail, a copy of this request for public information and indicate the RPI id number assigned to this request. Very truly yours, Arthur H. Kwast Art. Kwast@AI u mni. UTexas .net P.O. Box 1397, Coppell, Texas, 75019 972_393_5900 voice 972_393_5910 fax cc: Clay Phillips, Deputy City Manager Libby Ball, City Secretary Allana Lambreth, RPI designee Robert Eugene Hager, City Attorney attachment(s): Exhibit 1: The Plans Exhibit 2: The Plans were "approved per Council comments" Exhibit 3: The Note - Four (4) "New Handicapped Parking signs to meet City of Coppell requirements'" Exhibit 4: Only two (2) parking spaces actually designated for disabled citizens -end- Attachment Converted: C:\DOWNLOAD~ATTACH~I \0501 EX_I .jpg Attachment Converted: C:\DOWNLOAD~ATTACH~I \0501 EX_2.jpg Attachment Converted: C:\DOWNLOAD~kTTACH-1 \0501 EX_3.jpg Attachment Converted: C:\DOWNLOAD~ATTACH-I\0501 EX_4.jpg CC: Clay Phillips - Deputy City Manager <CPhillip@ci.c... CITY COUNCIL MEETII'qG: July 11, 2000 ITEM # __~__ CITY MANAGER'S REPORT A. Budget Process Schedule. CITY MANAGER'S REVIEW: )pi:z]~E~_,, AGENDA REQUEST FORM '~ ';; ~~~ITY COUNCIL MEETING: July l 1, 2000ITEM ~ Z MAYOR AND COUNCIL REPORTS A. Report by Mayor Sheehan regarding 4~' of July Parade. B. Report by Mayor Sheehan regarding Grand Opening of the Aquatic/Recreation Center. C. Report by Mayor Sheehan regarding Coppell Animal Services and Adoption Center. D. Report by Councilmember Keenan regarding TU Electric's street lights that have been out for some time. E. Report by Councilmember Peters regarding National Night Out. CITY MANAGER'S REVIEW: