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CP 2000-09-12NOTICE OF CITY COUNCIL MEETING AND AGENDA SEPTEMBER 12, 2000 CANDY SHEEHAN, Mayor LARRY WHEELER, Mayor Pro Tem Place 6 GREG GARCIA, JAYNE PETERS, PAT KEENAN, Place 1 Place 2 Place 3 MARSHA TUNNELL, DOUG STOVER, BILL YORK, Place 4 Place 5 Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order Executive Session Work Session Regular Session 6:00 p.m. Immediately Following Immediately Following 7:30 p.m. Council Chambers 1st FI. Conf. Room 1st FI. Conf. Room Council Chambers (Open to the Public) (Closed to the Public) (Open to the Public) (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, September 12, 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., with Executive Session immediately following, 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. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Sowell vs. City of Coppell. ag09122000 Page 1 of 7 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) Convene Work Session A. Discussion regarding Board/Commission/Committee Appointments and select Orientation Meeting Date. B. Presentation by Coppell County Acres Equestrian Center regarding use of additional Baptist Foundation Land. C. Discussion Regarding Local Election Process. D. Review and Update on Tennis Court Site Selection Process. E. Discussion Regarding Old Town Goals and Objectives. F. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. Consider approval of a Proclamation naming the week of September 17 through 23, 2000 as CONSTITUTION WEEK, and authorizing the Mayor to sign. 7. Citizen's Appearances. Consider acceptance of the resignation of Keenan from the Place 3 of the City Council. Councilmember Patrick T. CONSENT AGENDA 9. Consider approval of the following consent agenda items: II e' 3cs a. Consider approval of minutes: August 22, 2000 September 5, 2000. Consider approval of a Resolution calling a Special Election for November 7, 2000 to fill the vacancy of City Councilmember/Place 3, and authorizing the Mayor to sign. Cm Consider approval of a resolution requesting additional funding for the renovation of the Coppell Senior Citizen Center Annex through the Community Development Block Grant, and authorizing the Mayor to sign. ag09:1,22000 Page 2 of 7 ITEM # ITEM DESCRIPTION Consider approval of an Ordinance for Case No. S-1178, Chopstik Restaurant, zoning change request from C-S-1056 (Commercial-S- 1056) to C-S.U.R (Commercial, Special Use Permit) to allow for a Chinese restaurant located in Suite 112 of the Braewood Shopping Center located at 150 S. Denton Tap Road, and authorizing the Mayor to sign. END OF CONSENT 10. Consider approval of the resignation of Deborah Carr from the Library Board and Richard Murphy from the Keep Coppell Beautiful Committee. 11. Consider appointments to the City's Boards, Commissions and p~)::~ Committees. 12. Consider approval of a contract for the construction work related to Phase two development at Wagon Wheel Park to Dean Construction Company in an amount not to exceed $4,905,847.00, and authorizing the President of the Coppell Recreation Development Corporation to sign. 13. Consider approval of amending the Economic Development Incentive Agreement and Tax Abatement Agreement between the City of Coppell and GTE Realty Corporation to extend the completion date of Building B to April 1, 2002 and to change all references to GTE Realty Corporation to Verizon Realty Corp. and authorizing the City Manager to sign. 14. PUBLIC HEARING: Consider approval of Case No. PD-188, HO-C, zoning change request from HO-C and HO-C-S-1125R (Historic Overlay, Commercial and Historic Overlay, Commercial, S-1125R) to PD-188-HO-C (Planned Development- 188, Historic Overlay, Commercial), to allow the construction of a restaurant with a private club and the expansion of a free-standing beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. 15. PUBLIC HEARING: Consider approval of Case No. S-1179, zoning change request from HO-C (Historic Overlay, Commercial) to PD-188 HO-C-S.U.R (Planned Development-188, Historic Overlay, Commercial, Special Use Permit), to allow a restaurant with a private club on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. ag09122000 Page 3 of 7 ITEM # ITEM DESCRIPTION 16. 17. II 18. 19. 20, 2~. Consider approval of the JWl Addition, Lot 1, Block 1, Minor Plat, to allow the development of a restaurant and the expansion of a beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane, at the request of Tom Cravens. PUBLIC HEARING (CONTINUATION): Consider approval of Case No. ZC-603(CH), zoning change request from LI (Light Industrial) to HC (Highway Commercial) on approximately 7.5 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. PUBLIC HEARING: Consider approval of Case No. S-1155R2 Dickey's Barbecue Pit, zoning change to amend and expand the Special Use Permit site plan to allow additional parking spaces at the rear of 804 Bullock Drive. PUBLIC HEARING: Consider approval of Case No. PD-186, Duke-Freeport Addition, zoning change request from LI (Light Industrial) to PD-186-LI (Planned Development-186, Light Industrial), with a Concept Plan to allow the development of 7 office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppert Road. Consider approval of the Duke-Freeport Addition, Lot 1 of Block A, Lot 2 of Block B and Lot 3 of Block C, Prel/minary Plat, to allow the construction of Freeport Parkway and the development of office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppell Road. Consider approval of the Duke-Freeport Addition, Lot I of Block A, Lot 2 of Block B and Lot 3 of Block C, Rna/P/at, to allow the construction of Freeport Parkway and the development of office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppell Road. Consider approval of the Coppell Senior Center, Site Plan Amendment, to allow for the renovation and expansion of the main Senior Center and the annex located at 616 Coppell Road. Consider approval of the Everybody Fits, Site Plan, to allow the (completion) of construction of an indoor sports/recreation center located agO9122000 Page 4 of 7 ITEM # ITEM DESCRIPTION 24. 25. 26. on approximately 4.5 acres of property on North Texas Court, west of N. Denton Tap Road. Consider approval of the Northlake 635 Business Park, Coppell Business Center III, Lots I & 2, Block C, Amended Site Plan, to amend the existing site plan for a Charles Schwab AMS II facility to revise the parking and landscaping for an 115,200 square-foot office/warehouse facility on approximately 7.1 acres of property located at the southwest corner of Wrangler and Lakeshore Drives. Consider approval of an Economic Development Incentive Agreement, as revised by the Coppell Independent School District, between the City of Coppell and the Coppell Independent School District, and authorizing the City Manager to sign. Consider approval of an Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and use of Middle School tennis courts with the Coppell Independent School District, and authorize the Mayor to sign. 27. 28. D. E. F. City Manager's Report. A. Update on City Water Supply System. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Local Election Process. Report by Mayor Sheehan regarding Constitution Week. Report by Mayor Sheehan regarding Texas Municipal League Region 13 Meeting. Report by Councilmember Tunnell regarding Impact Fee Legislation. Report by Councilmember Tunnell regarding the importance of Design/Build Legislation. Report by Councilmember Stover regarding Joint Session with the Coppell Economic Development Committee to review Economic Development Policies. G. Report by Councilmember York regarding the City's Web page being honored with the Savvy Award by the City, County, Communications and Marketing Association (3CMA). WORK SESSION (Open to the Public) 29. Re-convene Work Session as published, if necessary. ag09122000 Page 5 of 7 ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 30. Necessary action resulting from Work Session. 31. Necessary Action Resulting from Executive Session. Adjournment. Candy Sheehan, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 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. ag09122000 Page 6 of 7 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, 0 en cualquier junta oficial de politica en la ciudad de Coppell. ag09122000 Page 7 of 7 EXECUTIVE SESSION Section 551.071 - Consultation with City Attorney. 1. Sowell vs. City of Coppell SUBMITTED BY: TITLE: Jim Witt City Manager INITIALS WORK SESSION C. D. E. F. Discussion regarding Board/Commission/Committee Appointments and select Orientation Meeting Date. Presentation by Coppell County Acres Equestrian Center regarding use of additional Baptist Foundation Land. Discussion Regarding Local Election Process. Review and Update on Tennis Court Site Selection Process. Discussion Regarding Old Town Goals and Objectives. Discussion of Agenda Items. CITY MANAGER'S REVIEW: APPOINTEES TO BOARDS/COMMISSIONS/COMMITTEES AMERICAN RED CROSS (Interviewers: Garcia & Keenan) 2-YEAR REGULAR (APPOINT 1) 1-YEAR REGULAR (APPOINT 1 to fill unexpired term) (Interviewers:) 2-YEAR VETERINARIAN (APPOINT 1) ANIMAL SERVICES APPEALS BOARD BOARD OF ADJUSTMENT (Interviewers: Stover & York) 2-YEAR REGULAR (APPOINT 3) 2-YEAR ALTERNATE (APPOINT 2) U:XKwilkers\Boards and CommissionsXWrksht.doc 1 CONDUCT REVIEW ROARD (Interviewers: Sheehan & York) 1-YEAR TERMS (NO SET NUMBER) COPPELL RECREATION DEV. CORP. (Interviewers: Peters & Tunnell) 2-YEAR REGULAR (APPOINT 5) COPPELL ECONOMIC DEVELOPMENT COMMITTEE (Interviewers: Peters & Wheeler) 2-YEAR REGULAR (APPOINT 2) 1-YEAR ALTERNATE (APPOINT 1) U:\Kwilkers\Boards and CommissionshWrksht.doc 2 KEEP COPPELL BEAUTIFUL COMMITTEE (Interviewers: Garcia) 2-YEAR TERMS (APPOINT 3) 1 YEAR TERM (APPOINT 1) LIBRARY BOARD (Interviewers: Keenan & Tunnel1) 2-YEAR REGULAR (APPOINT 3) 2-YEAR ALTERNATE (APPOINT 1) 1-YEAR ALTERNATE (APPOINT 1) PARKS AND RECREATION BOARD (Interviewers: Garcia & Wheeler) 2-YEAR REGULAR (APPOINT 3) 2-YEAR ALTERNATE (APPOINT 1) U:\Kwilkers\Boards and Commissions\Wrksht.doc 3 PLANNING AND ZONING COMMISSION (Interviewers: Tunnell & Wheeler) 2-YEAR TERMS (APPOINT 3) SPECIAL COUNSEL (Interviewers: Sheehan & York) 1-YEAR TERMS (NO SET NUMBER TELECOMMUNICATIONS BOARD (Interviewers: Keenan & Peters) 2-YEAR REGULAR (APPOINT 4) 2-YEAR ALTERNATE (APPOINT 1) U:\KwfikersXBoards and CommlsslonsXWrksht.doc 4 (PLEASE NOTE: If any alternate member, whose term is not expiring this year, is advanced to a regular member position, then an alternate member needs to be appointed to serve for the remainder of the unexpired alternate's term.) U:\Kwilkers\Boards and CommissionsXWrksht. doc 5 INTRODUCTION GOALS OF CITY COUNCIL RETREAT JUNE9-10,2000 One of the top goals for staff consideration related to the future of Old Coppell. Specifically: -Direction and allocation of resources -Master plan -Hiring of consultant to develop plan -Incentives for development -Task force of local business/property owners to solicit input -Historical site -Acquisition -Train depot WORK COMPLETED Civic Report Dominant building material Colors Attached signage Awnings Light type Roof shapes Windows Pavement Parking Screening walls Comprehensive Plan Historic District Narrow roads Civic recommendations Area size minimum of 30 acres Historic District Task Force Interest group input Clearly define the area Preserve historic landmarks and sims New business respect period architecture Market area Grapevine Springs Park developed as historic Reserve 300 foot strip on east side of Coppell Road for commercial uses ISSUES TO BE RESOLVED Old Coppell: Direction Role of City in Development 80% masonry variance asphalt paving special zoning classifications landscaping guidance gas street lighting aesthetic standards geared toward historic preservation brick pavers special/uniform signage historic "theme" construction standards inventory of existing structures (intern?) Tax Increment Financing--possible but: Will it actually promote development? Is it economically feasible? How monitored? Assembling Parcels Possible City participation in: Senior Center land acquisition Service Center reloeation Expansion of Grapevine Springs Historic Park Assist in subdividing property? Offer technical support (tax, ownership, etc.) Service Related to Industrial Park Uses Food Ancillary suppliers Office, showroom, warehouse suppert Gift shops Overall Direction Public and private City Private ownership (merehant's association) Combination Chamber of Commerce (marketing and retention) Incentives Economic T.I.F. Abatements Impact fees Remodeling Seed money or Bond Program participation Non-economic Attitudes Processes Figure No. 19 - Historic District Hellmuth, Obata + Kassabaum, Inc. Lockwood,Andrews & Newham, Inc. T H E: · C I T Y . 0 F COFFELL AGENDA REQUEST FORlVl ~CITY COUNCIL MEETING: September 12, 2000 ITEM ITEM CAPTION: Consider approval of a Proclamation naming the week of September 17 through 23, 2000 as CONSTITUTION WEEK, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:'~TM AMT. EST, $ +X-BID $ DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. CITY MANAGER REVIEW: Document Name: !Constitution PR OCLAMA TION WHEREAS, September 17, 2000 marks the two hundred thirteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim the week of September 17 through 23, 2000 as "CONSTITUTION WEEK" and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this day of September 2000. ATTEST: Candy Sheehan, Mayor Libby Ball, City Secretary ~t~~TY COUNCIL MEETING: September 12, 2000 ITEM CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHlinG RULES, TIIVIES AND PROCEDURES FOR CONDUCTING CITY COUNCH. MEETINGS. BE IT ORDAINED 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 residenee. Presentations by individuals during the "Citizens Appearance" shah 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: September 12, 2000 ITEM ITEM CAPTION: Consider acceptance of the resignation of Councilmember Patrick T. Keenan from the Place 3 of the City Council. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~\x' AMT. EST. $ ~. ~,,.~: ~ Agenda Request Form - Revised 5/00 +X-BID $ CITY MANAGER REVIEW: Document Name: %resign.doc Pat Keenan Councilm ember Place 3 CoppeII, Texas 75019 6 September 2000 Mayor and City Council City of Coppell Coppell, Texas 75019 Dear Mayor and Council Members, The time has come for Teresa, Murphy and I to say "Happy Trails to You". This letter is my formal resignation from the Coppell City Council as of this date. I sincerely regret that I am leaving this fine small, safe and friendly place that we all know as Coppell and I have always called "Swell". I especially regret that I cannot complete my commitment to the citizens of Coppell as one of their Council Members until May 2001. But my commitment to my family and future financial security in my golden years requires me to move to Pittsburgh. Please feel free to visit us if you are ever there. We all would your love to see you and hear how the City with a beautiful future is doing. I wish the City and all of you the best. Cc: City Manager City Secretary CITY COUNCIL MEETING: September 12, 2000 ITEM CAPTION: AGENDA REQUEST FORM ITEM# Consider approval of minutes: August 22, 2000 September 5 2000. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ ~ FINANCIAL COMMENTS:9x~ ~. ~,~,~: ~ Agenda Request Form - Revised 5/00 AMT. EST. $ +X-BID $ CITY MANAGER REVIEW: Document Name: %minutes MINUTES OF AUGUST 22, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 22, 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 (late arrival) Greg Garcia, Councilmember Jayne Peters, Councilmember Pat Keenan, Councilmember (late arrival) Marsha Tunnell, Councilmember Doug Stover, Councilmember Bill York, Councilmember Also present were City Manager J~m tt Cx hbb Attorney David Dodd. 1. Call to order. ::~!' and City ~Mayor~ Sheehan {~a~lcd the.%,mee$ing mordcr Session. :: . · ,"-~. ' '~ adjourned into Executive EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Land Acquisition for Recreational Purposes. Mayor Sheehan convened into Executive Session at 6:13 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:15 p.m. and opened the Work Session. CM08222000 Page I of 8 WORK SESSION {Open to the Public) Convene Work Session C. D. Presentation by Library Board and Staff. Fiscal Year 2000 - Budget Update Discuss Special Events/Pigfest. Discuss Procedures for Using City Van requested by Councilmember York. Discuss the Location of the Construction on the Senior Center Building requested by Councilmember York. Discussion of Agenda Items. Mayor Pro Tem Wheeler and Councilmember Keenan arrived at ~iS time. REGULAR SESSION 4. Invocation. Pastor Rod Collver, Fir,a.~::~sembly ;{~f/God Chul~eh; invocation. ' ' :"':': ' ior Shee i 'e Iresent'ih the led those present in the of Allegiance. Mayor Sheetlan a~ounc~d= .that Item 9C was pulled from the agenda to be COnsidered dt ano~r timd~. by Telecommunications Board and Presentation of data services options for residents and businesses in Coppell. Presentation: Bill Morris, Telecommunications Board member, made a presentation to the Council. Mr. Morris also introduced the following persons who made presentations to the Council: Joe Morrisroe, AT&T; Bill Bruckner, Verizon Southwest (GTE); and Dennis Moore, Paragon Cable. CM08222000 Page 2 of 8 7. Presentation to Gold Star Recipients. Presentation: Mayor Sheehan and Jim Witt, City Manager, honored those employees who received Gold Star's: Beverly Croteau, Stephanie Tumlison, and Lanny Allison. Citizen's Appearances. There was no one signed up to speak on this item. CONSENT AGENDA Consider approval of the following A. Consider approval of m~utes: ~ugust 8, 200~' · . &~t 15, 2o00. S. Consider .~l~0vat 0f '.l~ofessio~al Services Contract to , Phflli'~~ Ass0~ia~s in :~e amount of i65,100.00 C. Consl~ter a~proval of a contract for the installation of light~g at t.h'.~ee middle school tennis facilities to Groves Eiec~ in !~ amount of $69,190.00, and authorizing : ~xe C~y Manager to sign. ~ :: ~:~,!?~/Consider approval of an Interim Public Right-of-Way Use ·: :' !/:~:Agreement between the City of Coppe~, T~ Communications Telecom Se~ices Company d/b/a TXU Communications, a certified telecommunications prorider, and authorizing the City Manager to sign. Consider authorizing the City Manager to execute necessary documents, including quit claim deeds, to acquire hike and bike trail road to Wagon Wheel Park. CM08222000 Page 3 of 8 Consider approval of a Contract Modification for VAI Architects for the design and construction documentation of the proposed Service Center, increasing the contract by $35,000.00, and authorizing the City Manager to sign. Issues Discussed: Item C was pulled from the agenda to be considered at a later date. Items A, B, D, E, and F-- Action: · :~:~::::,:~:-;:¥; Councilmember Tunnell moved to approve Con i .....! Items A, B, Peters, Keenan, Tunnell, Stover and York ~a~g in favor o~!~e motion. PUBLIC HEARING: To receive Jennifer~'~ A~g~ Fin~._'ee I]ire~- and Chad FinanC~!.'Di~x:,':~de a p~sentati~n to the Council. ~omm~n[':.!..~oncer.n[ing the Pro~0sed 2000- Beach, Assistant Public He2ring ~.,>:~l:,, :..'L !,, ~' ::':~nt to answer any questions. Mayor Shechart then closed the Public :~Iearing. Issues Discussed: There was discussion regarding the breakdown of the property tax revenue that comes from commercial vs. residential; and the amount of general fund revenues that comes from property taxes and the amount that comes from debt services. CM08222000 Page 4 of 8 PUBLIC HEARING: To receive public comment concerning the Proposed 2000- 2001 tax rate of .6486. Presentation: Jim Witt, City Manager, made a presentation to the Council. Public Hearing Mayor Sheehan opened the Public Hearing on Item 11 and advised that no one had signed up to speak at the Public Hearing and that staff was present to answer any questions. Mayor Sheehan then clos.elt ~e Public Hearing. 12, Consider approval of an Econom.,.i~:'ii,j~ibpme.~.,t Incentive Agreement between the City of ~8}pell and '!~e Coppell Independent School Distr~ and au{~orizi~ng the City Manager to sign, Presentation: Issues Discussed: The items di'scuss~ were the importance of being a triple freeport community; :5 e eff a of the tax burden relief on the citizens; and the fact.!~t th~enefits will be good for the school district, the citizens and the!!:~itSineg'~es of Coppell. Councilmember Stover moved to approve an Economic Development Incentive Agreement between the City of Coppell and the Coppell Independent School District, and authorizing the City Manager to sign. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. CM08222000 Page 5 of 8 Consider approval of awarding Bid No. Q-0700-01 for newspaper advertising to the Citizens° Advocate for the period August 9-000 to July 31, 9-001. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Stover moved to approve awarding Bid No. Q-0700-01 for newspaper advertising to the Citizens' Advocate for the period August 2000 to July 31,2001. Councilmember Peters seconded tim motion; the motion carried 7-0 with Mayor Pro Tern Wheeler and a0.'.u~eil:members Garcia, Peters, Keenan, Tunnell, Stover and Yo[~:.vo,~g:i!~ favor of the motion. , i2::"' 2 ';! ' 14. Consider a resolution supporting the!Tens Clean air Working Group (TCAWG} efforts to Seek legis!ative. support .in reducing mobile source emissions, ;O~eating i!Xeen~ives fo~ commercial enf~rceme~_~?m~i~:~ stat~!~' '~eme~tion plan fO~ the North ~:~d~i~ge made a presentation to the Council. Jim Wit-t; Ci r, ISsues DispOsseSS; " Thef~:~as ~liussion regarding the fact that this will affect the long-term eco'~Smic d~elopment growth of Coppe11; and whether there would be ~?~udget impact on the Ci~'s budget to comply with ~y of the clean air initiatives. Action: Councilmember Tunnell moved to approve Resolution No. 2000-0822.1 supporting the Texas Clean Air Working Group (TCAWG) efforts to seek legislative support in reducing mobile source emissions, creating incentives for commercial emissions reduction, and effective implementation and enforcement of the state implementation plan for the North Texas nonattainment area, and authorizing the Mayor to sign. CM08222000 Page 6 of 8 Councilmember Peters seconded the motion; the motion carriled 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan, Tunnell, Stover and York voting in favor of the motion. City Manager's Report, A, Update on Wagon Wheel and MacArthur Parks, Jim Witt reported that the ball fields at MacArthur Park are almost completed. The ball fields at Wagon Wheel are in progress. There was a question regarding if the Soccer Association would be willing to resod the soccer fields if the current sod is destroyed this Season. Mayor and Council Reports, C, Report by with Katherine D, Report Report by Mayor Sheehan relll!~"Nation~ League of Cities Leadership Conference, ': : .' Report by Mayor 8hee,han regal~ding Teen Court, ServiCes Report by Mayor Pro Right;of-W,a~. a meeting regarding :,.Bells Across 17th, regarding Senior Adult S~l,~tember 18th, Wheeler regarding TXU Fence ' auna':!:i em 'rs York and Qarcia. B'. Mayor Sheehan reported on what a great experience she had at the Teen Court session she attended and she noted what a great job the Teen Court Coordinator, Matt Cason, was doing. Councilmember Keenan reported on his meeting with Katherine Ray of Ray and Associates regarding what the results of their study means for the future of Coppell. Councilmember Peters reported on the Bells Across America Celebration to be held on September 17, 2000 at 1:30 p.m. - 3:00 p.m. Family Picnic in the Park at Grapevine Springs Park to celebrate Constitution Week. This event will be sponsored by the CM08222000 Page 7 of 8 Peters Colony Chapter of the National Society of the Daughters of the American Revolution. Councilmember Peters reported on the Senior Adult Services Golf Tournament to be held September 18, 2000, beginning at 11:30 a.m. at the Indian Creek Golf Course in Carrollton. Mayor Pro Tem Wheeler commented on the TXU Fence Right-of- Way and TXU's use of herbicides on the fence areas around the Belt Line and Bank One areas. WORK SESSION (Open to the Public) 17. Re-convene Work Session as published, if n~e~' There was no need to reconvene Work REGULAR SESSION ::.~ fi :ef~'i~as ri~i!:~i~n '~Cessa~ ?:~ ::::fi~?~,. i:. :::::.:~ :~. '~::~!;!i' !i~:~:~!:~!' Open to the Public) Necessary AcJ:ion Resul~g fro~?Executive Session. There was n~; ction' ecesS~ under this item. " '.Z'.:.: ':;,,r :~ ...... ,, ~::, .... ~rZ~ f~er business to come before the City Council, the meeting ATTEST: Candy Sheehan, Mayor Libby Ball, City Secretary CM08222000 Page 8 of 8 MINUTES OF SEPTEMBER 5, 2000 The City Council of the City of Coppell met in Special Called Session on Tuesday, September 5, 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 Marsha Tunnell, Councilmember Doug Stover, Councilmember (late ar~i.~.~'~!: Councilmember York was absent from the meeting. ,d.:~ici~:}~t were City Manager Jim Witt, City Secretary Libby Bail and Cj:l~iit~61ney R~rt Hager. SPECIAL SESSION -! can t° Ma: r Sl e Ban c a":ihe eting ' orCli . (Opex~.to t!~e Public) 2. Consider ap.'~ of an. OrdinanCe approving and adopting the budge~!,for i~ "'~'d~ of C.(~ pell f/~' the Fiscal Year October 1. 2000 through: Se~ml;~!~,~;~.0, 2~1, and authorizing the Mayor to sign. Councilme~er T~..'~,~nell ~red to approve Ordinance No. 2000-922 approving and adop~g the Idget for the City of Coppell for the Fiscal Year October 1, 2000 thr~Sngh S~ptember 30, 2001, and authorizing the Mayor to sign. Councilmember Garcia seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan and Tunnell voting in favor of the motion. Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad Valorem Taxes for the year 2000 at .6486/$100 taxable valuation of which .42194 for operations and maintenance and .22666 for interest and sinking, and authorizing the Mayor to sign. CM09052000 Page 1 of 2 Mayor Pro Tem Wheeler moved to approve Ordinance No. 2000-923 levying the Ad Valorem Taxes for the year 2000 at .6486/$100 taxable valuation of which .42194 for operations and maintenance and .22666 for interest and sinking, and authorizing the Mayor to sign. Councilmember Keenan seconded the motion; the motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Keenan and Tunnell voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) 4. Convene Executive Session A. Section 551.071{1| Consultation with City Attorney Regarding Pending Litigation ~ 1. Sowell vs. City of Coppell. Councilmember Stover arrived during Executive Ses~.~ Mayor Sheehan convened into Executive Sessioli~6:05 p.m. a~lowed under the above-stated article. Mayor SheetXan adjo~ed the Execu,.~.~ Session at 6:29 p.m. City Coun~the meeting candy Sheehan, Mayor City Secretary CM09052000 Page 2 of 2 ~CITY COUNCIL^ s MEETING: September 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution calling a Special Election for November 7, 2000 to fill the vacancy of City Councilmember/Place 3, and authorizing the Mayor to sign. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: ~\~ AMT. EST. $ DIP,. INITIALS: ~ FIN. REVIEW'~ Agenda Request Form - Revised 3/00 +X-BID $ CITY MANAGER REVIEW: DocumentName: ~/~callelec.doc A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ELECTION OF COUNCIL MEMBER PLACE 3 Coppell, Texas November 7, 2000 ELECTION ORDER BE IT REMEMBERED THAT on this the day of ...... ~!~i~000, at a meeting of the City Council of the City of (,'oppcll, Texas, a quorum being present, the meeting was called to order and the Council issued the follo~ing order. IT IS ORDERED that a special election be held in the City of Coppell, Texas, on the 7~ day of November, 2000, to elect one Council Member [br Place 3 ~r the uncxpircd tenn. The candidate for sucl~:~i~ffi:ce rcccivin~ a majority of all votes cast tbr all camiidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for said ollke lidis to receive a majority of all votes cast for all the candidates for sucb office, a run-o~l~:tion shall be held. Polling places for the election shall be at W. H. Wilson Elementary School for Precincts 1003, 1300, 1301, and 1303, at Coppell Town Center for Precinct 1302, at Richard J. Lee Elementary School for Precinct 1304; at Lakeside Elementary School for Precinct 1305; and at Coppeli Middle School East for Precincts 1306 and 1307. The election shall be held as a Joint Election administered by the Dallas County Elections Administrator in accordance with the provisions of the Texas Election Code and a Joint Election Agreement. 1 35934 Qualified Dallas County residents of Coppell may vote early for the Municipal Election by personal appearance at the Early Voting Polling Places listed in Exhibit "A" which is attached hereto and incorporated herein for all purposes. Applications for a ballot by mail shall be mailed to: Bruce R. Sherbert Chief Deputy Early Voting Clerk Dallas County Elections Department 8th Floor 2377 N. Stemmons Freeway, Suite 820 ..::~i~; Dallas, Texas 75207 Applications for ballot by mail must be received no later than th~::~l~ ~\~fi~ss at 5:00 p.m. October 2000 A Presiding Election Judge and an Altenihte Presid~ EleCtion Judge ,~11 be appointed in accordance with the Joint Election ree :, ............... The period Ibr early voting by personal ap~earanc~:::!i~hall begin on O~l~i' 23, 2000 and :i~ii~i~e through November 3, 2000 The early voting polling places shall be those locations li~d in Exhibit "A", which is auached hereto and made a i)a~ hereoC where early voting by ~f~onal appearance shall be conducted as lbllows: ;:~i~:,~i~::' Saturday, October 28, 2000 li'on~ 7:00 am - 7:00 p.m. octob 29, 2000 :00 p. .-6:00 :ii~ii~ri~?ii::: Monday, October 30, 2000 t~ough Friday, November 3, 2000 from 7:00 a.m. - 7:00 p.m. 2 35934 After holding said election, the Presiding Election Judge shall promptly deliver the original of the election returns in person to the Mayor or if the Mayor is unavailable, to the City Secretary. The City Secretary shall present such returns to the City Council for the canvassing of said election. The canvass of said election returns shall be conducted by the City Council not earlier than the 3rd day nor later than the 6th day after the election. DULY ORDERED by the City Council of the City of Coppell~!~: 2000 ......... :~:!:!: AppROVED~:~i~:~i~iii~i~:i:i:!!::: i __ day of 3 35934 NOTICE OF CITY OffICER ELECTION Coppell, Texas Notice is hereby given that a City Officers Election will be held on the 7Tn day of November, 2000, in the above named City for the purpose of electing the following officer for said City: To elect one Council Member for Place 3 for the unexpired term. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for such office fitils to receive a majority of all votes cast for all the candidates for such office, a run-offelection shall be called. Polling places for the election shall be at W. I I. Wilson Elemcmuary School for Precincts 1003, 1300, 1301, and 1303; at Coppell Town Center for Precinct 1302, at Richard J. Lee Elementary School for Precinct 1304; at Lakeside Elementary School for Precinct 1305; and at Coppell Middle School East for Precincts 1306 and 1307. The election shall be held as a Joint Election administered by the Dallas Coonty F. lections Administrator in accordance with the provisions of the Texas Electi0ti:~:~bde and a Jnint EIcclim~ Agreement. The polls shall be open fion~ 7.00 o'clock a.m to 7:00 o'clock p m None but legally qualified voters of~he City shall be eutitled to vote at said election. The period for early voting by personal appearance shall begin on Octoher 23, 2000 and continue through November 3, 2000. The early voting polling places shall be those locations listed in Exhibit "A", which is attached hereto and made a part hereof, where early voting by personal appearance shall be conducted as liffiows: Monday, October 23, 2000 through Friday, October 27, 2000 from 8:00 a.m. - 5:00 p.m. Saturday, October 28, 2000 fi'om 7'00 am. - 7:00 p.m. Sunday, October 29, 2000 flora t'00 p.m. - 6:00 p.m. Monday, October 30, 2000 through Friday, November 3, 2000 from 7:00 a.m. - 7:00 p.m. DATED this the day of ,2000. CANDY SHEEHAN, MAYOR 4 35934 T FI E · C I T Y - O F COFFELL CITY COUNCK, MEETING: September 12, 2000 AGENDA REQUEST FORM # q/e, ITEM CAPTION: Consider approval of a resolution requesting additional funding for the renovation of the Coppell Senior Citizen Center Annex through the Community Development Block Grant, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sims TITLE: Director of Parks and Leisure Services STAFF COMMENTS: Please see the attached staff memorandum detailing the need for this resolution. BUDGET AMT. $ FINANCIAL COMMENTS:x~\'~ AMT. EST. $ +\-BID $ D1R. INITIALS:~k'--2K~q~ FIN. REVIEW:t~Ir CITY MANAGER REVIEW: PARKS AND LEISURE SERVICES DEPARTMENT INTEROFFICE MEMORANDUM Date: September 7, 2000 To: Mayor and City Council From: Gary D. Sims, CPRP, Director ~,xt2~ Re: Resolution authorizing additional expenditures of Community Development Block Grant funding for the Coppeil Senior Citizen Annex Renovation Project. The Parks and Leisure Service Department recently completed plans and solicited bids for the renovation of the old city hall building (Senior Center Annex) and the addition of a room to the existing senior center to house the billards table as well as construction of an outdoor patio areas for spring and fall activities. This project is to be funded entirely utilizing Community Development Block Grant funds allocated to the City of Coppell throught the Dallas County Commissioner's Court Office of Planning and Development as funded by the United States Department of Housing and Urban Development. There are no city ~mds being used for this project other than staff time for project administration. The Dallas County Commissioner's Court Office of Planning and Development has informed staff that the United States Department of Housing and Urban Development (HUD) requires a resolution from the Coppelt City Council requesting additional funding to be allocated to this project as it exceeds the original HUD authorized project funding level. The original budget for the project was $137,554. The lowest qualified bid received was $195,346 tiom KECK and Company of Arlington, Texas . Bob Hager, City Attorney, is attempting to contact Dallas County for clarification of the documentation necessary for this request. Staff recommends your favorable consideration of this resolution. Should you have any questions or wish additional information regarding this matter, please do not hesitate to contact me. CITY COUNCIL MEETING: September 12, 2000 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1178, Chopstik Restaurant, zoning change request from C-S-1056 (Commercial-S-1056) to C-S.U.P. (Commercial, Special Use Permit) to allow for a Chinese restaurant located in Suite 112 of the Braewood Shopping Center located at 150 S. 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 The Planning Commission unanimously approved this Special Use Permit (6-0) on July 20, 2000. The City Council unanimously approved this Special Use Permit (7-0) on August 8, 2000. Staff recommends approval. DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @S1178o 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 "C~S-1056" (COMMERCIAL-S-1056)) TO "C- S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT IN THE BRAEWOOD SHOPPING CENTER, 150 SOUTH DENTON TAP ROAD, SUITE 112, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAILED SITE PLAN, SIGN PLAN, AND FLOOR 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 full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1178 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 "C-S-1056" (Commercial-S~1056)) to "C-S.U.P." (Commercial, Special Use Permit) to grant a special use permit for a restaurant, subject to special conditions, for the property described in Exhibit "A" attached hemto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a restaurant is hereby appmved subject to the following special conditions: (A) That the hours of operation shall be from 11:30 a.m. to 9:00 p.m. on Saturday and Sunday; and, from I 1:00 a.m. to 2:00 p.m. and 5:00 p.m. to 9:00 p.m., Monday through Friday. (B) That the sales and service of alcoholic beverages shall not be permitted within the restaurant. SECTION 3. That the Site Plan, Sign Plan, and Floor 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 amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended heroin. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided 2 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 govemed 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 alter 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 8/31/00) 3 CHOPSTIK RESTAURANT BRAEWOOD SHOPPING CENTER 150 SOUTH DENTON TAP ROAD SUITE 112 COPPELL, TEXAS 75019 EXtHBIT 'A' BRAEWOOD CENTRE 150 S, DENTON TAP RD. COPPELL. TEXAS rr DENTON TAP ROAD TO"-O' FRONT ELEVATION 15fi6iml Wdl building faciil ( White ) Dk. Bronze Re(urns 6500 White Neon LANDLOIH): ~~ T H E , C I T Y · 0 F COFPELL oRM ~CITY COUNCIL MEETING: September 12, 2000 ITEM # /~) ITEM CAPTION: Consider approval of the resignation of Deborah Carr from the Library Board and Richard Murphy from the Keep Coppell Beautiful Committee. SUBMITrED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:9\'~ AMT. EST. $ +\-BID $ DIR. INITIALS: ~ FIN. REVIEWtS~ Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW: Document Name: %boardres Kathy Wilkerson - Re: Library Board Page 1 From: To: Date: Subject: "dj carr" <djkcarr@hotmaiLcom> City_of_Coppefi.Town_Center(jlance),Allegm5.hub 0... Thu, Jul 13, 2000 4:29 PM Re: Library Board Janet, Regrettably, I will not be reapplying for another term on the Library Board. I am moving to Georgia with a job change. I have enjoyed being on the Board emensely. Thank you and everyone on the Board for affording me this opportunity. Best Wishes, Deborah Carr >From: "Janet Lance" <jlance@ci.coppell.b<.us> >To: carolann@directlink.net,derekmosbarger@gobi.com, djkcarr@hotmail.com, >jfheath@hotmail.com, douglas.glantz@sabre.com, rsamms@swbell.net, >lemay@unt.edu, janed@utdallas.edu >Subject: Library Board >Date: Wed, 12 Jul 2000 15:59:00 -0400 > >Just a reminder that if your term expires October 2000, a new application >needs to be submitted with the City Secretary Department. Applications >will be accepted until 5:00 p.m. Friday, July 28. 2000. If you need an >application form, please let me know. >Please note the deadline is July 28th not the 31 st as stated in Kathy's >email per the City Secretary. > Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com COPFELL AGv, ND,~ P~QUEST FORM ~CITY COUNCIL MEETING: September 12, 2000 ITEM # I ITEM CAPTION: Consider appointments to the City's Boards, Commissiom and Committees. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: Vacancies listed on attached Agenda Request Narrative BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: ~h- Agenda Request Form - Revised 5/00 +X-BID $ CITY MANAGER REVIEW: Document Name: %bdapptdoc COFFELL *~~ AGENDA REQUEST NARRATIVE THE FOLLOWING VACANCIES ARE AVAILABLE: AMERICAN RED CROSS REPRESENTATIVE Citizen (2-year term of office) Citizen (1-year term of office) ANIMAL SERVICES APPEALS BOARD Veterinarian (2-year term of office) BOARD OF ADJUSTMENT 3 Citizens (2-year term of office) 2 Alternates CONDUCT REVIEW BOARD Citizens to serve 1-year terms of office A~a Nana~ive Form ~ Revised 1/99 COPPELL RECREATION DEVELOPMENT CORPORATION 5 Citizens (2~year term of office) COPPELL ECONOMIC DEVELOPMENT COMMITTEE 2 Citizens (2-year term of office) Alternate (1 year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE 3 Citizens (2-year term of office) Citizen (1 -year term of office) LIBRARY BOARD 3 1 Citizens (2-year term of office) Alternate ( 1 -year term of office) Alternate (2-year term of office) PARKS AND RECREATION BOARD 3 Citizens (2-year term of office) 1 Alternate (2-year term of office) PLANNING AND ZONING COMMISSION 3 Citizens (2-year term of office) SPECIAL COUNSEL Citizen Attorneys to serve 1-year terms of office TELECOMMUNICATIONS BOARD 4 Citizens (2~year term of office) Alternate (2-year term of office) COPFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 12, 2000 ITEM # / Z ITEM CAPTION: Consider approval of a contract for the construction work related to Phase two development at Wagon Wheel Park to Dean Construction Company in an amount not to exceed $4,905,847.00, and authori Tjng the President of the Coppell Recreation Development Corporation to sign. SUBMITTED BY: Gary Suns TITLE: Director of Parks and Leisure Services STAFF COMMENTS: The Coppell Recreation Development Corporation, with approval of the City Council, authorized staff to receive bids for the work associated with the phase two development at Wagon Wheel Park. Two bids were received for the proposed construction involved with the addition of three soccer fields, finish out of four baseball diamonds, parking, restroom/concession building and other site amenities. The bids ranged from a net high of $5,383,318.00(Hisaw & Associates), to a net low of $4,905,847.00 (Dean Construction). The low bidder, Dean Construction, is recommended as the lowest, best and most responsible bidder. The Parks and Leisure Services Department recommends a contract be awarded to Dean Construction Company in an amount not to exceed $4,905,847.00. This award has been reviewed and authorized by the Coppell Recreation Development Corporation. BUDGET AM'r. $ FINANCIAL COMMENTS: AMT. EST. $ +\-BID $ Funds for this contract rill be provided by the 2000 Park Bonds and a loan from the City to the CRDC (to be repaid from sales tax collections) DIR. INITIALS: ' FIN. REV1E~ CITY MANAGER REVIEW: PARKS AND LEISURE SERVICES DEPARTMENT INTEROFFICE MEMORANDUM Date: September 7, 2000 To: Mayor and City Council From: Gary D. Sims, CPRP, Director ~~ Re: Recommendation of Award of Construction Contract for Wagon Wheel Athletic Complex Phase 2 As you are aware, both the Coppell Recreation Development Corporation (CRDC) and staff have been working to expedite the construction of replacement ballfields for the Coppell Middle School West Athletic Complex that was reclaimed by Coppell Independent School District. Consequently, staff was authorized by the CRDC to solicited quotes for the construction of Wagon Wheel Park Athletic Complex Phase 2 (which included an additional 3 soccer fields, the completion of construction of 4 baseball diamonds, parking lot extension, another restroom/concession building and related site amenities). Staff received construction quotes of $5,383,318 fi'om Hisaw and Associates, Inc. and $4,905,847 liom Dean Construction. Both contractors have performed previous athletic facility construction projects for the city. Staff reviewed these quotes with the CRDC on August 21, 2000, during their regularly scheduled meeting. The CRDC ananimously approved and awarded the construction contract to Dean Construction, subject to final review and approval of the City Council. This project is scheduled to be completed by July 3'1, 2001 , the contractor is eligible for an early completion bonus of $1,500 per day, with a maximum of $45,000. Additionally, the contractor is also subject to liquidated damages of $1,200 per day resulting from failure to complete the project within the specified parameters, with no maximum of damages. There is a contingency fund of $80,000 for unforeseen construction issues that may arise during the project, such as a buried swimming pool that was discovered during the construction of phase 1 of the park. The contingency fund is included in the total project cost. Staff recommends City Council approval of CRDC action to award Dean Construction, Inc. the construction contract for the construction of Wagon Wheel Park Athletic Complex Phase 2 in the amount of $4,905,847 and authorize Gary Tunel, Chairman of the Coppell Recreation Development Corporation to sign this agreement. Funding for this project has been previously approved by the City Council through a combination of a loan from city enterprise funds and 1999 Park Bonds. Item Alternates: 1 2. 4. 5. 6. 7. 8. 9. 10. Wagon Wheel Phase 2 Bid from Dean Construction Company Submitted August 24, 2000 Deseriptlon Pricino Base Bid for all work $4,081,105 Plaza at Concession/Restroom Entry Cote at Parking lot, add sidewalk, trash receptacles Soccer field benches, bleachers, goals, Litter receptacles at baseball S~~reb~ar~ at baseball Boulevard extension Flags, flagpoles, signage (allowance) Boulders for landscaping (allowance) Bonus for early completion (allowance) TOTAL BID Construction Comingency $318,293 $35,986 $58,038 $3,125 $31,100 $308,t100 $15,000 $9,000 $45,000 $4.904,647 $80,000 TOTAL RECOMMENDED AWARD $4,984,647 BID NO. Q \ BID FORM WAGON WHEEL PARK - PHASE II CONSTRUCTION THIS BID IS SUBMITTED TO: Jim Ragsdill, Purchasing Agent City of Coppoll Town Center 255 Parkway Boulevard Coppoll, Texas The undersigned, as BIDDER, declares that the only person or parties interested in this proposal as principals are those named heroin, that this proposal is made without collusion with any other person, firm, or corporation, that he has carefully examined the Form of Contract, Notice to Contractors, and specifications therein refe'~ed to, and has carefully examined the location, and conditions, of the proposed work, and agrees that h.e will provide all the necessary labor, machinery, tools, apparatus, andother items incidental to work, and will do all work and furnish all the materials called for in the contract and specifications in the manner prescribed therein. It is understood by BIDDER that the phases of Work are to be substantially completed by the completion dates identified in Section 0'1010, Summary of Work. It is understood by BIDDER that failure of the Contractor to complete the phase(s) of Work by the respective stipulated completion date will result in the payment of liquidated damages to the Owner per paragraph SC,07 "Time for Completion and Liquidated Damages" of Section 00810, SPECIAL CONDITIONS. AcCompanying this proposal is a (Certified or Cashier's Check payable to the Owner) (Bid Bond) in the amount of Dollars ($ s~ c~a ). . The bid security accompanying this preposal shall be returned to the bidder, unless in case of the acceptance of the proposal the bidder. shall..fail~to. execute a contract and file a performance and payment bond ~vithin ten (10).days after its acceptance, in which case the bid security shall become the propedy of the Owner and shall be considered as payment for damages due to delay and other inconvenience suffered by the Owner on account of such failure of the bidder, It is understood that the Owner reserves the right to reject any and all bids The undersigned BIDDER proposes and agrees. if this Bid is.accepted, to enter into an agreement with OWNER in the form included in the Co. ntract Documents to perform and furnish all Work as specified or Indicated in the ContracE Documents for the Contract Price and within the stipulated Contract Time and in accordance with the other terms and conditions of the Contract Documents., 6. BIDDER accepts all of the terms and conditions of the Notice to Contractors and Instructions to Bidders, Including without limitation those dealing with the disposition of Bid security. This .,,, ~ ~: ...:,.:, :~.... (a) BID NO. Q " i / ta r Bid will remain subject to accep nce~ nJELety-~g(:i~' days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number Date Number (b) (c) BIDDER has become familiar with the nature and extent of the (:;~ntract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in 'any manner may affect cost, progress, pe~ormance or furnishing of the Wp~ 7:' .: BIDDER has obtained (6r assumes responsibllttyf0~ O[~:ir~in"'~ ~hd carefully studying) all such examinations, investigations, explorations, tests and ~tUdies that pertain to the subsurface or physical conditions at the site that may affect the do~:"pfdg reSS, performance or furnishing of the Work, as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price Within the ContraCt Time a'n'd iti'~oi"dance With the other terms and conditions Of the' Contract Documents. No additional exam]nations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. '_._ (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in. respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, .within the Contract Time and in accordance with the other terms and conditions:of.:the. Contract Documents. (f) BIDDER has correlated the resurts of all such obServ.&.U0ns, examinations, investigations. explorations. tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ARCHITECT/ENGINEER writt~r~ .n~tlce of all conflicts, errors or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by ARC. HITECT/ENGINEER is acceptable to BIDDER. BID NO. Q BIDDER will complete the Work for the following price(s): A. (1) BASE BID FOR ALL WORK IN THE CONTRACT DOCUMENTS (use words) (2) TRENCH SAF~ is included in the Base Bid [Item 8.A,(1)] and is the sum of (use words) B. ALTERNATES.(Refer to Section 00410 - Listof Alternates) (1) PLAZA ALTERNATES (ADD) 'T(~ DtltlU~E1) /J /A) E TY- _. (use words) ................ (2) SITEWORK (ADD) 7"'I41,~TY- FIVE THOqS~ND (use words) .... (3) U-10 SOCCER ALTERNATES (ADD) .' /rlI~ T~. E /6 HT TH&4,s,~N.Z) 1~I//8T'/-E I 6 r/ T ~Z~ z~AX 5 ($ J~&, D 3 o~. (use words) (4) BASEBALL ALTERNATES (ADD) (use words) (5) SCOREBOARD (ADD) _ l G, THt~14st~N~ ~,~ H o~ ~v~ ~ ~ --~oLz-klZ 5' (use words) 4H2 BID FORM. BID NO. Q (6) BOULEVARD (ADD) (use words) (7) ALLOWANCE FOR MISCELLANEOUS ITEMS (ADD) Fifteen Thousand Dollars (usewords) ($ 15,000.00 ) (8) ALLOWANCE FOR BOULDERS (ADD) Nine Thousand Dollars (use words) ~".- 9,000.00 ) (9) CASH ALLOWANCE: BONUS FORACCELERATED COMPLETION OFTHE "EARLY COMPLETION PACKAGE" PORTION OF THE WORK. This is a Cash Allowance to provide for payment of a bonus of $1,500.00 per day for each day, up to a maximum of thirty (30) days, that the entire "Early Completion Package" is complete before fhe:date of January 31,2001. (ADD) Forty-five Thousand and No/100 dollars -- ($ 45,000.00 ,) (use words) C. UNIT PRICES: In the event that certain quantities of Work are ordered to be increased (or decreased), the following Unit Prices shall apply as addltive (or deductive) bid items, respectively. (1) Imported unclassi~ed fill in place: A unit price of 'T'~z:> .'7)oLLI~I~5 FiFT'I ~',,JT5 : perCG~icyard($;.jrD (use words) ! ~{:" nv) (2) Imported topsoil in place: A unit price of - :, per cubic yard(S/P-, (use words) c,y) BID FORM 00300 - 4 BID NO, Q ' (3) Five-inch (5") thick dry brush concrete pavement for walks and bleacher pads: A unit price of ~c~37'~ ~' lr~fi?~(~'~p~esr sqiJare yard($ ~/~, ~l ~o (use words) .~Y) (4) Six-inch (6")thick concrete pavement with monolithic curb and lime stabilized subgrade for drives and parking lots: A unit price of (use words) 6-/J per square yard($ ~ -~o~, sY) (5) Five-inch' (5") thick concrete pavement with monolithic curb and lime stabilized subgrade for drives and parking lots: A u.~t-.pdce of: A unit price of '7"H I1~? '1 :~ol.. I...~f... 5 per square yard($ 30, Ry)" (use words) (6) "Prlmavera' Bermuda seed, fine graded; plant~a and maintained until established and accepted by Owner: A unit pdce'of ~'I~/E GEN'~'D per square foot($ ,D5 (use words) .. (7) Ryegrass seed, fine graded, planted and maintained until established and accepted by Owner: A unit price of per square foot($ ' (use words) (8) TiffNay 419 rolled sod, ri.ne graded and planted: A unit price of 'T'~e ~DLL~R5 THI~'T'I- FIt]E ~-E~T5 perSqUareyard($ ~,~J~ .~Y) (use words) (9) Concrete paverstones including the concrete subSurface: A unit price of /~[~)E ~oL-~r~5 FIFY'I ~2~'~TS per square foot($ q. ~O (use words) 4112 BID NO. Q (10) Eightjoot (8') ht. chain link fence: A unit price of f~f~r# ~/, ~-R~ 5 per linear foot($ (use words) (11 ) Eighteen*inch (18") wide concrete edgin9 under fence: A unit price of I F) per linear foot($ ~, (use words)' 9, The following documents are attached to and made a condition of.this Bid: (a) Required Bid Security in the form of bid bond or cashier's check. (b) Required BIDDER's Statement of Qualifications with supporting-cf-Ztia. (c) Bid Affidavit. (d) '10. 11. SUBMITTED on Auqust 24 (Date) Insurance Requirement Affidavit. . Communications concerning this Bid shall be addressed to: Mr. Clint Wofford, RLA Schrickel, Rollins and Associates, Inc. 1161 Corporate DriVe West, Sute.200 .... Arlington, Texas 76006 ' ' (817) 649-3216/FAX (817) 649-7645 ,2000. 'Title President Address 701 Hall St. Phone No.: 972 ~91-7153 Fax NO.: 972 291-7172 E-maih 13. Submitted by Dean Electric, Inc. Dean Construction Doing business as rn an indMdual [] a corporation m a partnership I F) BID FORM 003q0 ~ 6 Aur, 18-(]0 II:n4ae I;r0a-DEAN CONSTRUCTION gTZ-Zg]-TITZ T-FZT PO3/O3 F-i98 BID Q WAGON WHEEL PARK - PHASE II CONSYRUCTION INSURANCE REQUIREMENT AFFIDAVIT 1, the undersigned agent, certify that the insurance requirement8 contained In this bid document have been reviewed by me with the below identified. bidder. If the below identified bidder is awarded this contract by City'of Copp. eil, i will be able, within ten (10) days after bidder Is notified of such award, to furnish a ~zalld insurance certificate to the City meeting a)l of the requirements contained in this IFB. AMERISURE INSRUA~CE COMPANY Name of Insurance Carrier HELEN ZOOK Agent K & S GROUP, INC. - SOUTHWEST ASSURANCE GROUP, INC. 9400 N. CENTRAL EXPWY # 950 Address of Agency DALLAS,. TX 75231 City/State 214-691-5721 ':; '*: '-:"U; Phone Number Where' Agent May Be contacted ..... "- - ' · DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION Bidder's Name (Print or Type) "'...' .:' T': SUBSCRIBED AND SWORN to before me by the a~s the day of AUGUST ,2000: Notary Public in'and for the State of T~X~S · - °%.. :':. ........· 18TH CITY,OF COPpILL, FURCH/~IN{3 O~eARTMBN1' · ]5® pARKWAY BOULEVARD, COIIIIELL, TEXJ~ llal i /~VAGON WHEEL PARK- PHASE II CONSTRUCTION e~md~:"" BID AFFIDAVIT Th ertifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation To Bid. The period of acceptance of this bid will ninety (90) calendar days from the date of the bid opening. STATE OF Texas COUNTY OF Dalla~ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas on this day personally appeared and say: ., who after being by me duly sworn, did depose Dean Electric, Inc. dba Dean Constructien hi, Doaald R, Dean am a duty authorized officer/agent for and .have been duly authorized to execute the foregoing on bet~alf of the said I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, 6r'to influence any individual(s) to bid or not to bid thereon." .: Name and address of Bidder: Dean EleCtric, Inc. dba .Dean Construction 701 Hall Street; Cedar Hill, Texas 75104 Telephone: ( ?72 ) 291-7153 by: Title: Pre.laent Signature~/~~ SUBSCRIBED AND SWORNto before me by the above named Denald R. Dean on this the 24th day of A.g~st 2000. of CITY OF COPPELL · PURCHASING DEPARTMENT. 2S5 PARKWAy,BOULEVARD. (;OppEI..L, TEXA~ 760ti Page 13-A [] OGEI~-ALL HASTEP, PLAN T H IE · C: I T Y · 0 F COPFELL AGENDA R F, QUES, T FORM 6~ CITY COUNCIL MEETING: September 12, 2000 ITEM # ]3 ITEM CAPTION: Consider approval of amending the Economic Development Incentive Agreement and Tax Abatement Agreement between the City of Coppell and GTE Realty Corporation to extend the completion date of Building B to April 1, 2002 and to change all references to GTE Realty Corporation to Verizon Realty Corp. and authorizing the City Manager to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: This item is being recommended for approval. Verizon Realty Corp. is in the process of planning and constructing the second five-story office building on their campus at Canyon Drive and SH 121. The protracted merger discussions between Bell Atlantic and GTE resulted in a delay of the construction of this building. Verizon Realty Corp. is representing Verizon Communications, the company that resulted from the merger. As such, they will be the property owners and any reference to GTE Realty Corporation should be changed to Verizon Realty Corp. The time extension for Building B appears to be reasonable, given the length of the merger discussions. GTE has previously met all requirements within the agreements associated with Building A. BUDGET AMT. $ FINANCIAL COMMENTS:~\~ AMT. EST. $ DIR. INITIALS: FIN. REVIEWd~ Agenda Request Form - Revised 5/00 +\-BID $ STATE OFTEXAS COUNTY OFDALLAS AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND GTE REALTY CORPORATION DATED OCTOBER 13, 1998 This Agreement is entered into by and between the City of Coppell, Texas (the "City"), and Verizon Realty Corp. formerly GTE Realty Corporation CVerizon"), acting by and through its authorized representative. WITNESSETH: WHEREAS, on 13'm day of October, 1998, the City Council of the City of Coppell, Texas (the "City Council") approved an Economic Development Incentive Agreement by and between the City of Coppell, Texas and GTE Realty Corporation (the "Economic Development Incentive Agreement"); and WHEREAS, the City and Verizon desire to modify the terms of the Economic Development Incentive Agreement as heretofore amended; and WHEREAS, GTE Realty Corporation is now Verizon Realty Corp.; and WHEREAS, the parties desire to amend the terms of the Economic Development Incentive Agreement; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: 1. That Paragraph 3 of the Economic Development Incentive Agreement dated October 13, 1998 as heretofore amended is hereby amended to read as follows: "3. VERIZON shall construct or cause to be constructed on the PREMISES, two (2) five-story office buildings, Building "A" and Building "B", of approximately 249,000 square feet each (and other ancillary facilities such as reasonably required parking and landscaping more fully described in submittals filed by VERIZON with the CITY from time to time in order to obtain a building permit) (the "IMPROVEMENTS"). The cost of Building "A" shall be at least Nineteen Million Dollars ($19,000,000). The cost of Building "B" shall be at least Nineteen Million Dollars ($19,000,000). The approximate location of such IMPROVEMENTS would be shown on a site plan of the PREMISES to be submitted to the CITY. The TAXABLE VALUE of Building "A", excluding land, shall be no less than Nineteen Million Dollars ($19,000,000) as of January 1 of the year immediately following the issuance of a certificate of occupancy for AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 1 35924 the building and as of January 1 each year thereafter for a period of four (4) consecutive years. The TAXABLE VALUE of Building "B", excluding land, shall be no less than Nineteen Million Dollars ($19,000,000) as of January 1 of the year immediately following the issuance of a certificate of occupancy for the building and as of January 1 each year thereafter for a period of four (4) consecutive years. Building "A" must be completed on or before October 31, 1999, and Building "B" must be completed on or before April 1, 2002, in accordance with all applicable state and local laws, codes, and regulations, (or value waiver thereof) provided however Verizon shall have such additional time to complete and maintain the IMPROVEMENTS as may be required in the event of "Force Majeure," if Verizon is diligent and faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "Force Majeure" shall mean any contingency, or cause beyond the reasonable control of VERIZON, including, without limitation, acts of God or public enemy, war, riot, civic commotion, insurrection, adverse weather, govemment or defacto govemmental action (unless caused by acts or omissions of VERIZON), fires, explosions, or floods, strikes, slow down or work stoppages." 2. That the parties agree that all references to GTE Realty Corporation CGTE") in the Economic Development Incentive Agreement is hereby amended and shall hereinafter refer to its successor Verizon Realty Corp. ("Verizon"). 3. That the Economic Development Incentive Agreement by and between the City of Coppell, Texas and GTE Realty Corporation dated October 13, 1998 as amended shall remain in full force and effect except as amended herein. 4. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. EXECUTED this __ day of ,2000. CITY OF COPPELL, TEXAS BY: .ffM WITT, CITY MANAGER ATTEST: BY: APPROVED AS TO FORM: AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 2 LIBBY BAIJ., CITY SECRETARY 35924 BY: PETER G. SMITH, CITY ATTORNEY EXECUTED this day of ,2000. VERIZON REALTY CORP. formerly GTE REALTY CORPORATION By: Name: Title: AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 3 35924 CITY'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on this 2000 by Jim Witt, City Manager of the City of Coppell, Texas. day of My Commission Expires: Notary Public, State of Texas VERIZON'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on __ day of , 2000, by of Verizon Realty Corp., on behalf of said corporation. Notary Public, State of Texas My Commission Expires: AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 4 35924 STATE OF TEXAS COUNTY OF DALLAS AMENDMENT TO TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND GTE REALTY CORPORATION DATED NOVEMBER 10, 1998 This Agreement is entered into by and between the City of Coppell, Texas (the "City"), and Verizon Realty Corp. formerly GTE Realty Corporation ("Verizon"), acting by and through its authorized representative. WITNESSETH: V~zlEREAS, on 10th day of November, 1998, the City Council of the City of Coppell, Texas (the "City Council") passed a Resolution approving a Tax Abatement Agreement by and between the City of Coppell, Texas and GTE Realty Corporation (the "Tax Abatement Agreement"); and WHEREAS, the City and Verizon desire to modify the terms of the Tax Abatement Agreement as heretofore amended; and WHEREAS, Section 312.208 of the Tax Code permits the modification of a tax abatement agreement to include provisions that could have been included in the original agreement or to delete provisions which were not necessary to the original agreement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interest of the City to enter into this amendment to the Tax Abatement Agreement; and WHEREAS, City Council finds that the Tax Abatement Agreement, as modified herein and the property subject to the Agreement meet the City's tax abatement guidelines; and WHEREAS, GTE Realty Corporation is now Verizon Realty Corp.; and WHEREAS, the parties desire to amend the terms of the Tax Abatement Agreement; and WHEREAS, a copy of this amendment to the Tax Abatement Agreement has been fumished in the manner prescribed by the Tax Code to the presiding officer of the governing body of each taxing unit in which the premises, the subject of the Tax Abatement Agreement as amended herein, is located; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: AMENDMENT TO THE TAX ABATEMENT AGREEMENT - Page 1 35922 1. That Paragraph 13 of the Tax Abatement Agreement dated November 10, 1998 as heretofore amended is hereby amended to read as follows: "13. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT, VERIZON will diligently and faithfully, in good and workmanlike manner, pursue the completion of Building "A" on or before October 31, 1999, and Building "B" on or before April 1, 2002 as good and valuable consideration for this AGREEMENT, and that all construction of the IMPROVEMENTS will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that Verizon shall have such additional time to complete and maintain the IMPROVEMENTS as may be required in the event of "Force Majeure," if Verizon is diligently and faithfully pursuing completion of the Improvements. For this purpose, "Force Majeure" shall mean any contingency or cause beyond the reasonable control of VERIZON including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of VERIZON), rites, explosions or floods, strikes, slowdowns or work stoppages." 2. That the parties agree that all references to GTE Realty Corporation CGTE") in the Tax Abatement Agreement is hereby amended and shall hereinafter refer to its successor Verizon Realty Corp. CVerizon"). 3. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. 4. That the Tax Abatement Agreement by and between the City of Coppell, Texas and GTE Realty Corporation dated November 10, 1998 as amended shall remain in full force and effect except as amended herein. EXECUTED this ~ day of ,2000. CITY OF COPPELL, TEXAS BY: JIM WITT, CITY MANAGER ATTEST: BY: LIBBY BALL, CITY SECRETARY AMENDMENT TO THE TAX ABATEMENT AGREEMENT - Page 2 35922 APPROVED AS TO FORM: BY: PETER G. SMITH, CITY ATTORNEY EXECUTED this ~ day of ,2000. VERIZON REALTY CORP. formerly GTE REALTY CORPORATION By: Name: Title: AMENDMENT TO THE TAX ABATEMENT AGREEMENT - Page 3 35922 CITY'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OFDALLAS This instrument was acknowledged before me on this 2000 by Jim Wilt, City Manager of the City of Coppell, Texas. day of My Commission Expires: Notary Public, State of Texas VERIZON'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on __ day of ,2000, by of Verizon Realty Corp., on behalf of said corporation. Notary Public, State of Texas My Commission Expires: AMENDMENT TO THE TAX ABATEMENT AGREEMENT - Page 4 35922 T H E · C ! T Y · 0 F COPFELL AGENDA REQUEST FORM a~ CITY COUNCIL MEETING: September 12, 2000 ITEM # ] 4 ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-188, HO-C, zoning change request from HO-C and HO-C-S-1125R (Historic Overlay, Commercial and Historic Overlay, Commercial, S-1125R) to PD-188- HO-C (Planned Development-188, Historic Overlay, Commercial), to allow the construction of a restaurant with a private dub and the expansion of a free-standing beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Planned Development Conditions as stated on the Site Plan. 2) Freestanding lighting shall be located as indicated on the Site Plan, however, lighting must be shielded on all sides facing residential properties to prevent excess spillover. 3) Relocate dumpster away from adjacent residential properties and place adjacent to the east side (rear) of the building. 4) All wood fencing facing the interior of the property, shall be painted white to match the exteriors of the buildings. 5) Confirm total site area; the Minor Plat indicates the site area as 55,129 sq. ft and the Site Plan indicates the site area as 59,239 sq. ft. 6) Label fence going through the proposed parking lot as "To Be Removed" and amend on Landscape Plan. (CONDITIONS CONTINUED TO THE NEXT PAGE) '5/00 FIN. REVIEW'~ 7) Revise parking lot design to provide standard parking spaces and aisle widths to increase the setback from the rear property line to 20'. l/i 8)Provide sidewalk to the north entrance into the House of Style. CITY MANAGER REVIEW: . ~ ~ Document Name: @PD188 PD-188 (CONTINUED CONDITIONS) 9) Show the required amount of landscape islands (Interior La22dscapfi~)- 53 parking spaces x .12 = 7 landscape islands; all of which must contain one tree. 11) 12) 13) 14) 15) Calculate total landscaping provided as follows: Total Site Area 55,129 Sq. ft. (3,988 + 2,128) 6.116 Sq. ft. 49,013 Sq. ft. x .15 7,351.95 = 7,352 Sq. ft. Overall Required Revise the submitted elevations for House of Style to clearly show the existing and proposed portions of the building. Shutters and signage be green to match the trim on the existing structure. The exhaust fan be in-line in nature so that it cannot be seen from the exterior. All air conditioning equipment must be screened from public view. A minimum of 25o30 trees shall be planted along the north, south and east sides of the property, plus sufficient Nellie R. Stevens shrubs to adequately shield near-by residences f~om headlights, etc., along the east side of the property. Staff recommends approval. NOTE: APPLICANT HAS REQUESTED CONSIDERATION OF THIS ITEM BE TABLED UNTIL OCTOBER I0TM. JEFF MATTERS/JNI,INC,STC 972 396 0141 P,02 JWI P.O.Box 909 Prosper, TX 75078 Phone 972.991.z76o Fax 979.347.227I August 31, 2000 Martie Diamond City of Coppell Planning Dept. 955 Parkway BIrd. Coppell, TX 750z9 Dear Ms. Diamond, Please reschedule all of our considerations concerning the restaurant and beauty shop to the Ocwber City Council meeting, and remove our considerations from the September City Council meeting. Thank you for your assistance. incere y, Jeff Watters CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-188, HO-C P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: August 17, 2000 September 12, 2000 Along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. Approximately 1.27 acres of property. CURRENT ZONING: HO-C and HO-C-S-I125R (Historic Overlay, Commercial) and (Historic Overlay, Commercial, Special Use Permit 1125R for House of Style beauty salon). REQUEST: Planned Development approval. Applicant: JWI PO Box 909 Prosper, Texas 75078 214-502-5478 FAX:972-347-2271 Engineer: Cravens and Associates 241 MacArthur Blvd. Coppell, Texas, 75019 972-462-0417 FAX: 972-304-4 164 HISTORY: SUP 1125R for the House of Style beauty shop was established in 1997. This SUP was required to permit a business within a residential structure on commercial property and to allow on-site asphalt paving of the parking lot. This SUP was approved subject to Site Plan, Landscape Plan, Plant List, and Sign Design. The requested PD will supercede the provisions of this SUP. TRANSPORTATION: South Coppell Road is shown on the thomugttfare plan as a C2U Collector (concrete street, 38 feet back to back within a 60 foot right- of-way), but currently exists as a two lane aspbait road, within an 60 foot right-of-way. Access to the site will be shifted to the south approximately 60 feet. The existing entrance will be removed. Item#4 SURROUNDING LAND USE & ZONING: North- Single Family; PD 89-SF-7 South - Single Family; HO-C East - Single Family; PD 89-SF-7 West - Undeveloped; LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for uses within the historic district. DISCUSSION: The purpose of this request is to permit the development of a restaurant with a private club on a portion of the lot, and to allow the expansion of the existing beauty shop on the remainder of the lot. This is being placed under a Planned Development District to: allow for these two structures to be developed with compatible architectural styles, colors and materials; the sharing of the parking areas; and to receive several variances to the base zoning district regulations. The existing SUP regulations for the beauty shop, which are applicable to this development, will be incorporated within this PD. The companion request is the SLIP for the restaurant with private club. Also included in this docket is the minor plat for this development. Site Plan and Elevations The site plan indicates a 4,000 square foot flee-standing restaurant, an existing 953 square foot beauty shop, and a proposed expansion of the beauty shop to encompass and additional 1,134 square feet. Fifty-one (51) parking spaces are required for this development and 53 are shown. This site plan will replace the site plan attached to the existing SLIP for the beauty shop. This revised site plan is an improvement over the existing site plan, in that it improves access to the site by providing a 25 foot concrete drive from Coppell Road; verses the 20 foot asphalt drive which currently serves the site. It also eliminates the potential for an additional driveway by providing joint access to the site. Presently, when the existing parking lot is full, maneuvering is difficult, at best. The revised plan provides excess maneuvering areas. Several variances are being requested via this PD. First, Section 28A-3.2 of the Zoning Ordinance, in the Historic Overlay District, wood or similar materials am permitted with an SUP. This provision is being included in the conditions for this PD. As indicated in the elevations and the color board; both buildings are residential in character, with white wood siding. A sloped, black composition roof is also pmpesed for both buildings. Shutters are proposed to be red (ox blood). The signs for both the bnildings will also be Item#4 wood with the same white color as the main structure. The letters will be identical fonts, and of the same color red as the shutters. The white siding is in keeping with the architectural styles prevalent in this area. The second variance requested is the utilization of wood verses masonry screening along the property lines adjacent to the snigle family, as well as to screen the dumpster. The wood screening fence was permitted and erected with the original SUP for the beauty shop. The continuation of the screening material to screen the dumpster appears appropriate in that it is compatible with the approved screening fence as well as the exterior materials proposed for the buildings in this development. However, it is recommended that all wood fencing be painted white to be compatible with the style and character of the main buildings on the site. The final variance involves the allowance for the use of asphalt verses concrete in the parking areas. The site plan indicates a concrete fire lane extending from the properly line for approximately 150 feet. This allows for all parts of the building and parking to be within 150 feet of the fire lane. Parking Lot Design StafFs primary concerns with the site plan are in the design of the rear potlion of the site, the parking lot and trash dumpster. While the subject site is zoned commercial, special consideration and design precautions should be given to the rear of the site, du~ to the close proximity of residences to the east. The design of the proposed parking lot is favorable in that it provides for a shared entrance to both uses on the subject site and hides a majority of the parking behind the buildings. However, the rear parking lot appears to be excessively wide, with parking spaces and drive aisles exceeding standard dimensions. The applicant proposes 10' x 20' spaces and a 35' wide maneuvering aisle. Staff recommends adherence to the zoning ordinance requirements of 9' x 19' parking spaces and 24' wide drive aisles. Given the proximity to the single family homes, compliance with the minimum standards will provide for an increased landscape buffer and reduce potential impacts to adjacent properties. This reconfiguration may eliminate surplus parking, but will not reduce the amount below the 51 required spaces. Additionally, the dumpster is proposed to be located in the southeast comer of the site, 11' from the rear property line. Staff is recommending that the dumpster be placed directly behind the rear building wall of the restaurant, increasing the setback fi'om the residential to 85 feet. The combination of the reduced paving area and relocated dampster will preserve additional green space and shif~ activity away from the existing single family homes. Item # 4 The parking lot lighting is proposed to cousist of three, 11 ¼ feet tall light fixtures to be located approximately 25 feet from the east property line. Given the adjacency to the existing single family, it is recommended that the western portion of the fixture be shielded to eliminate the glare onto the residential areas, as required in Section 63-3 of the Zoning Ordinance. Landscape Plan The submitted landscape plan does not comply with the minimum landscape requirements set forth in the zoning ordinance. While the level of required landscaping is not significan~y deficient, additional trees are required. Specifically, the perimeter landscaping calculations are inconsistent and must be remedied. The reduction in the size of the parking lot will provide for additional unpaved area necessary to comply with the landscape requirement. Staff has outlined specific changes related to the level of landscaping in the list of recommendations. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recomanends APPROVAL of the proposed PD-188 subject to the following conditions being met: 1) Planned Development Conditions as stated on the site plan. 2) Freestanding lighting shall be located as indicated on the site plan, however, lighting must be shielded on all sides facing residential properties to prevent excess spillover. 3) Relocate dumpster away from adjacent residential properties and place adjacent to the east side (rear) of the building. 4) All wood fencing shall be painted white to match the exteriors of the buildings. 5) Confirm total site area; the minor plat indicates the site area as 55,129 sq. ft and the site plan indicates the site area as 59,239 sq. t~. 6) Label fence going through the proposed parking lot as "To Be Removed" and amend on Landscape Plan. 7) Revise parking lot design to provide standard parking spaces and aisle widths to increase the setback from the mar property line to 20'. 8) Provide sidewalk to the north entrance into the House of Style. 9) Show the required amount of landscape islands (Interior Landscaping)- 53 parking spaces x .12 = 7 landscape islands; all which must contain one tree. 10) Provide 22 perimeter trees, in accordance with Section 34-1-8 C) (1-3) (Perimeter Landscaping) of the zoning ordinance. Perimeter trees must be located within the 10' setback on the side and rear property lines and within the 15' setback in the from yard. 11) Provide an additional 3 trees on-site, in accordance with Section 34-1-9 (Nonvehicular Open Space}. Item#4 Total Site Area 55,129 Sq. it. (3,988 + 2,128) - 6,116 Sq. fL 49,013 Sq. it. x .15 7,351.95 -- 7,352 Sq. it. Overall Required 12) Revise the submitted elevations for House of Style to clearly show the existing and proposed portions of the building. ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) 2) 3) 4) 5) 6) 7) 8) Tree Survey 8: Plant Description Site Plan Landscape Plan Irrigation Plan Front Elevations Camille' s Restaurant Elevations House of Style Elevations House of Style Floor Plan Item#4 T H E · CI ! T Y · 0 F COPFELL AGENDA REQUEST FORM ~CITY COUNCIL MEETING: September 12, 2000 ITEM # ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1179, zoning change request from HO-C (Historic Overlay, Commercial) to PD-188 HO-C-S.U.P. (Planned Development-188, Historic Overlay, Commercial, Special Use Permit), to allow a restaurant with a private club on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCafffey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The hours of operation will be from 11 a.m. to 10 p.m. Monday through Saturday and 12 noon to 9 p.m. on Sunday. 2) The sale of alcoholic beverages on the premises is permitted as provided by State Law. 3) All Planned Development conditions relative to PD-188 shall be adhered to. Staff recommends approval. NOTE: APPLICANT HAS REQUESTED CONSIDERATION OF THIS ITEM BE TABLED UNTIL OCTOBER 10~a. DIR. INITIALS: (~ Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @S1179 JEFF WATTERS/JWI,INC.STC 9?2 396 0141 P.02 JWI P.O.Box 909 Prosper, TX 75078 Phone 972.99z.z76o Fax 972.347.227I Aui]ust 31, 2000 Marcie Diamond City of Coppell Planning Dept. 255 Parkway Blvd. Coppell, TX 750z9 Dear Ms. Diamond, Please reschedule all of our considerations concerning the restaurant and beauty shop to the October City Council meei~'ng, and remove our considerations from the September City Council meeting. Thank you for your assistance. Jeff Watters AUG 3 1 2000 CASE NO.: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT S-1179, CAMILLE'S RESTAURANT W/PRIVATE CLUB P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: August 17, 2000 September 12, 2000 Along Coppell Road, approximately 200 feet south of Cooper Lane. Approximately 1.27 acres of property. CURRENT ZONING: HO-C (Historic Overlay, Commercial) REQUEST: APPLICANT: Special Use Permit approval. JWI Engineer: Cravens and Associates PO Box 909 241 MacArthur Blvd. Prosper, Texas 75078 Coppell, Texas, 75019 214-502-5478 972-462-04 17 FAX: 972-347-2271 FAX:972-304-4164 HISTORY: SUP 1125R for the House of Style beauty shop was established in 1997 on the adjacent tract of land. TRANSPORTATION: South Coppell Road is shown on the thoroughfare plan as a C2U Collector (concrete street, 38 feet back to back, within a 60 foot right-of-way), but curren~y exists as a two lane asphalt road, within an 60 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Single Family; PD 89-SF-7 South - Single Family; HO-C East - Single Family; PD 89-SF-7 West - Undeveloped; LI Item#5 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for uses within the historic district. DISCUSSION: The applicant is requesting to construct a 4,000+ square foot Italian restaurant with a private club. The site issues, elevations, signage and landscaping are discussed in the companion request, PD 188, for the expansion of the beauty shop and the inclusion of a restaurant use. This application includes the floor plan of the restauram, hours of operation, and the sales and service of alcoholic beverages. As indicated on the floor plan, the restaurant is proposed to have 24 tables (booths), with a seating capacity of 96, exclusive of the proposed party room. According to code, any establishment with seating capacity over 50 is required to have 2 exits. The applicant has added a second exit along the northern wall of the building, accessible through the main dining room. The hours of operation for this restaurant from 11:00 am to 10:00 pm Monday through Saturday and 12:00 am to 9:00 pm on Sunday. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of this SUP for a restaurant with private club subject to the following conditions: 1) 2) The hours of operation will be from 11:00 am to 10:00 pm Monday through Saturday and 12:00 am to 9:00 pm on Sunday. The sale of alcoholic beverages on the premises is permitted as provided by State Law. 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) Floor Plan for Camille's Restaurant Item # 5 T H E · C I T Y · 0 F COPPELL aF, RF, QUF, ST FORM ~CITY COUNCIL MEETING: September 12, 2000 ITEM # /6 ITEM CAPTION: Consider approval of the JWI Addition. Lot 1. Block 1, Minor Plat. to allow the development of a restaurant and the expansion of a beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane, at the request of Tom Cravens. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following condition: 1) Correct the spelling on date on the City Secretary's signature block. Staff recommends approval. NOTE: APPLICANT HAS REQUESTED CONSIDERATION OF THIS ITEM BE TABLED UNTIL OCTOBER 10~. ~. ~,: ~ Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @JWImp JEPF ~ATTERS/J~I~INC.STC 9~2 S96 0141 P.02 JWI P.O.Box 909 Prosper, TX 75078 Phone 972.99z.z76o Fax 97~.B47.~71 August 31, 2000 Marcie Diamond City of Coppell Planning Dept. ~55 Parhoay Blvd. Coppell, TX 75019 Dear Ms. Diamond, Please resehedule all of our considerations concerning the restaurant and beauty shop to the October City Council mee~ng, and remove our conslderations from the September City Council meeting, Thank you for your assistanee. Jeff Watters AUG 3 1 ZO~O CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: JWI ADDITION, LOT 1, BLOCK 1, MINOR PLAT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: August 17, 2000 September 12, 2000 Along the east side of Coppell Road, approximately 200 feet south of Copper Lane. Approximately 1.27 acres of property. CURRENT ZONING: HO-C (Historic Overlay-Commercial) and HO-C-S-1125R (Historic Overlay-Commercial-Special Use Permit 1125R) REQUEST: Minor Plat approval. APPLICANT: JWI Engineer: Cravens and Associates PO Box 909 241 MacArthur Blvd. Prosper, Texas 75078 CoppeIl, Texas, 75019 214-502-5478 972462--0417 FAX: 972-347-2271 FAX:972-3044164 HISTORY: There has been no platting history on this tract of land. TRANSPORTATION: South Coppell Road is shown on the thoroughfare plan as a C2U Collector (concrete street, 38 feet back to back, within a 60 foot right-of-way), but currently exists as a two lane asphalt road, within an 60 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Single Family; PD 89-SF-7 South - Single Family; HO-C East - Single Family; PD 89-SF~7 West - Undeveloped; LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for uses within the historic district. Item # 6 DISCUSSION: This property has never been platted. The purpose of this request is to plat these two uses into one lot, allowing for the sharing of access and parking facilities. This plat includes the required fire lane and the various utility easements. The front building line is indicated as 30 feet which is in accordance with the underlying "C' Commercial district regulations. There are two minor revisions needed to this plat. The Rrst is the adding of the existing zoning west of the property (LI) on the face of the plat. The second is a typo in the City Secretary's signature block. RECOMMENDATION TO THE PLANNING AND ZONING COMM/SSION: Staff is recommending approval of this plat subject to: 1. The addition of the LI District zoning designation on the property on the west side of Coppell Road. 2. Correct the spelling on date on the City Secretary's signature block. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the requdst ATTACHMENTS: 1) Minor Plat for Lot 1, Block 1 of the JWI Addition. Item # 6 ~CITY COUNCIL MEETING: September 12, 2000 ITEM ITEM CAPTION: CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. ZC-603(CH), zoning change request from LI (Light Industrial) to HC (Highway Commercial) on approximately 7.5 acres of property located at the southeast comer of S.H. 121 and Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: July 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. On August 8th, Council continued consideration of this zoning change to its September 12th meeting. A % vote of Council is needed to support this change because of owner opposition. See attached letter dated June 2, 2000. Staff recommends approval. Agenda Request Form ffe~vised 5)00 CITY MANAGER REVIEW: Document Name: @ZC603CH 6-02-2000 3:58PM FROM FIRST OAK CAPITAL 2]~ 520 3637 c~ Coun~ Ci~ of Coppell 255 Partway BIrd. C_,oppe.~ TX 75019 DF, N~ON TAP DgV~-I,OPMENT, L.L.C. ~~ 3721 Sheuasdoeh St ' Da~TX 7S20S · (214) 52 3611 F/and DeScry andCert~dR~l It has come to our attention that the City is eonstdering a zo,,imZ ehange ofth~ ptopenyfromitscmrent~nsof"Light~and~P'to notice to us, formal or informnl We understand that this is tzue with respect to Centex as CITY OF COPPEI J. PLANNING DEPARTMENT STAFF REPORT CASE NO.: ZC-603(CH) Southeast Corner of S.H. 121 and Denton Tap Road LI (Light Industrial) to HC (Highway Commercial) P&Z HEARING DATE: C.C. DATE: LOCATION: July 20, 2000 August 8, 2000 Southeast comer of S.H. 121 and Denton Tap Road SIZE OF REQUEST: 7.5+ acres of land OWNERTSUBDIVISION: Vista Partners CURRENT ZONING: LI (Light Industrial) PROPOSED ZONING: HISTORY: HC (Highway Commercial) On May 18, 2000 the Planning and Zoning Commission recommended approval of the change in zoning from Light Industrial to Highway Commercial on the subject property. However, since that time, the staff received letters from the property owners of the affected tracts stating that they did not receive notice of the public hearings, and requested that this case be m-advertised. Staff inadvertently used the 1999 versus the 2000 Tax rolls, the property owners' address had changed, and the notices that were sent were not forwarded. On April 20, 2000 the Planning and Zoning Commission recommended approval of a SUP for a Jack in the Box restaurant on a portion of this property. Staff recommended that the base zoning on that property be changed from LI to HC in accordance with this rezoning effort. However, this change in zoning was not included Item # 4 in the Planning and Zoning Commission's recommendation. On May 9, 2000 the City Council approved the SUP for this restaurant subject to a condition which required conformance with the HC District regulations, specifically the relocation of the dumpsteL SURROUNDING LAND USE AND ZONING: North-State Highway 121; City of LewisviHe South - Denton Creek Middle School; SF-7 East - Denton Creek Middle School; SF-7 West - vacant; HC- PD 133 COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for regional reta~ uses. DISCUSSION: This property was zoned Light Industrial in 1990 as part of a 286+ acre zoning request by Vista Mortgage and Realty. In 1996 the Comprehensive Land Use Plan designated this area as Regional Retail. In 1997 the property to the east was zoned SF-7 for a Middle School. Given the size and configuration of this remaining tract, light industrial development does not appear feasible. Retail and office development is more appropriate at this location. As noted, a Spec'ml Use Permit for a fast food restaurant was recently approved on a portion of this tract. The proposed HC District zoning would allow for retail, office and restaurant developments, and would limit the industrial uses, being more compatible with the schools located to the east of this property. This rezoning is also in accordance with the recommendations of the Comprehensive Plan. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending a change in zoning from LI (Light Industrial) District to HC (Highway Commerc'ml) District. ALTERNATIVES: 1 ) Recommend approval of ~he request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later Item # 4 ATTACHM~,NTS: 1) Zoning Location Map 2) Minutes from the May 18, 2000 Planning and Zoning Commission Meeting. 3) Comparison of LI and HC District Regulations Item # 4 (H::)) £09 'ON 3Z ~)NINOZqld aqSOdO1dd Commissioner Halsey seconded the motion; motion carried Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and favor. None opposed. (6-0) Consider approval of the Town Center West, Lots 1 and 2, Bloc Final Plat, to allow the construction of retail and day care uses on acres of property located at the southwest corner of Denton Tap and West Town Center Drive, at the request of Dowdey, Anderson , Inc. Presentation: Planning Director Gary Sieb introduced the item to the. approval is recommended, subject to three conditions. stating that The developer was not asked to appear. Discussion: No discussion followed. Action: Commissioner Halsey 2, Block A, Final Plat, subject conditions: Center West, Lots 1 and 1) Utility by TXU. 2) s site, Permit prior to removing any trees on a Determination of Tree Retribution for any tree 3) Cc the Parks Department at (972) 304-3565 prior to disturbing or R-O-W for location of possible irrigation piping and which may exist. It will be the responsibility of the developer to repair any improvements damaged by work in the area. C McGahey seconded the motion. Motion carded (6-0) with Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in None opposed. PUBLIC HEARING: Consider approval of Case No. ZC-603(CH) zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 7.5 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission, showing an exhibit of the proposal, stating that because of the single-family zoning to the east and commercial zoning to the south, light industrial zoning is no longer appropriate. She stated that staff recommends this zoning change to HC (Highway Commercial). Of six notices sent out, none were returned in favor or opposition. Public Hearing,: Vice Chairman Stewart opened the Public Hearing. Ann Dragon, 727 Bent Tree, Coppell, TX asked a question regarding other developers interested in this property besides Jack-in-the-Box. Ms. Diamond stated that to staffs knowledge, there are no others at the present time. Ms. Diamond then showed a concept plan for the area, stating site plan approval and platting must occur before more development on the property. Vice Chairman Stewart closed the Public Heating. Discussion: There was none. Action: Commissioner Kittrell made a motion to approve Case No. ZC~603(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial). Commissioner Nesbit seconded the motion. Motion carried (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed. PUBLIC HEARING: Consider approval of Case No. ZC-604(CH) change from MF-2 (Multi Family-2) to PD-MF-2, 2) on approximately 3.6 acres of property located along the west side o Street, north of Bethel School Road. rris Because of a notification error, Vice Chairman Stewart and asked that it be continued to the Commission's June Action: Commissioner Nesbit made a motion to continue for Case No. ZC-604(CH), zoning change MF-2 (Planned Development, Multi seconded the motion; motion carried (6-0 · Kittrell, Clark, Halsey and Stewart opposed. Hearing to June 15th (Multi Family-2) to PD- Conunissioner McGahey McGahey, this case to June 15th. None PUBLIC HEARING: change from A (Agricu approximately 24.7 DeForest Road. approval of Case No. ZC-605(CH) zoning and R (Retail) to SF-12 (Single Family-12) on of property located along the north side of ~r Boulevard. Presentatiot Assistant Director Marcie Diamond introduced the item to the tg exhibits of the proposal, stating that an attempt to fezone a po of this property was denied by Council in 1998 due primarily to a question property taxes would be affected. Ms. Diamond referred to a letter 4 SUMMARY OF COMPARISON BETWEEN THE HC AND LI DISTRICT REGULATIONS Front Yard Setback without front yard parking Front Yard Setback with front yard parking I= Side Yard Setback (in feet) : Side Yard adjacent to Residential Distdct E Rear Yard Setback (in feet) · ~-Rear Yard adjacent to Residential District (in ft) i Lot size (in square feet) Lot Width Lot Depth Height (in feet) E Height (in stories) ~ Height (in ft) adjacent to Residential District .E_Within feet m Percent lot coverage i Floor Area Ratio 60 30 60 60 30 10 30 50 20 10 20 50 10,000 5,000 none 50 none none none 20 none 70 35 300 150 50 50 None 2:1 HC District permits all uses in the Office and Retail districts plus uses such as: Equipment Sales; Hotel or Motel; Manufacturing and Industrial Plants; and SUP uses as shown in the attached. LI District permits all uses in the Office, Retail, and Commercial districts, plus uses such as: A wide variety of manufacturing plants and laboratories, with up to 20% of the tract being used for outside storage; General warehousing, including mini-warehouse; Veterinary Clinic - with outside runs; and SUP uses as shown in the attached. Summary: Most retail and 'highway related uses" am permitted, and restaurants and service stations are permitted by SUP in either district. Item # 4 SECTION 30 SPECIAL USE PERNITS 30-9 "HC" Highway Commercial 1. Airport. (Public or Private) 2. Automobile sales or rental. 3. Automobile Repair Garage. 4. Amusement activity (indoor or outdoor). 5. Bus terminal. 6. Electric substation, transmission line or other public use utilities. 7. Fair grounds. 8. Gasoline service station. 9. Grocery and convenience stores. 10. Indoor sports; recreation and entertainment. 14. Institution for care of alcoholic, narcotic, or psychiatric patients. 15. Laboratory. i6. Motorcycle sales and service. 17. Office warehouse. 18. Private Club. 19. Radio broadcasting towers. 20. Television studio. 18. Rodeo or other sports arena. 19. Trailer rental. 20. Zoo. (Public) 2l. Any permitted uses allowed within the "O" Office and "R" Retail Special Use Permit Section (See Section 30-7 and 30-8). Above section (Oral. 91500) except where noted. SECTION 30 SPECLa. L USE PEI~TS 30-12 "LI" Light Industrial 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Airport. (Public or Private Arsenal. Cemetery. Electric substation, transmission line and other public use utility. Gravel, sand stone or petroleum extraction. Gun club or shooting range. Lumber mill. Other mining activities. Petroleum products storage. PInning mill. Printing plant. Rooming house. Coal. coke or wood yard. Concrete or asphalt batching plant on temporary basis for any period in excess of 90 days. (Ord. 91500-A-123) Drive-in theater (Outdoor). Adult Uses (Adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios. Gasoline service stations. On-premises residential use by management personnel in connection with a convenience storage or "mini-warehouse. (Ord.91500-A-56) Above section (Oral. 91500) except where noted. ~CITY COUNCIL MEETING: September 12, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1155R2 Dickey's Barbecue Pit. zoning change to amend and expand the Special Use Permit site plan to allow additional parking spaces at the rear of 804 Bullock Drive. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kilttell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Access to the alley shah be prohibited, except by utility companies, through the installation of 6" curbs and signage. In the event that this alley is being used for additional parking and access to Dickey's, additional traffic diverters will be constructed at the owner's expense, subject to approval by the City and the affected utility companies. (CONDITION PARTIALLY MET) 2) Submission and approval of a parking agreement for the use of this "off site" parldng lot for Dickey's restaurant. (CONDITION MET) 3) A note being added to the Site Plan and the Landscape Plan stating: "the office and associated parldng on the front portion of this lot as indicated on the Site Plan is for illustrative purposes only and does not constitute Site Plan approval for this portion of the lot". (CONDITION MET) 4) The tabulations on the Landscape Plan need to be revised to reflect the landscaping indicated on the Site Plan. 5) The parking lot lights shall be a maximum height of 20 feet and shah be of a do~vn light type, as defined in Section 36 3 of the Zoning Ordinance, ~vhich shah not produce glare onto adjacent residential properties. (CONDITION MET) (CONDITIONS CONTINUED TO THE NEXT PAGE) DIR. INITIALS: ~'~ FIN. REVIEW:~ Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW: Document Name: @S1155R2 S-1155R2, DICKEY'S BARBECUE PIT (CONTINUED CONDITIONS) 6) 7) The Site Plan shall be revised to provide and dearly indicate that the required 2'1' ,vide fire lane loops the existing parking lot and extends across the alley into the proposed parking lot. This off-site fire lane needs to be established either by a replat or separate insh~ument. (CONDITION PARTIALLY IVIET) The gate on the fence dividing the two properties shall be no more than '1' wide. (CONDITION MET) Staff recommends approval. CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1155R2. DICKEY'S BARBECUE PIT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: August 17, 2000 September 12, 2000 804 Bullock Drive Approximately 1.1 acres of property. CURRENT ZONING: C (Commercial) REQUEST: APPLICANT: HISTORY: Amend and expand the existing Special Use Permit to permit additional parking on an adjacent property. Henggeler Properties, L.P. 804 Bullock Street Coppell, Texas 75019 972-393-7800 FAX 972-304-5004 Engineer: DoyleEngineefing 13649 Montfort Drive Suite 310 Dallas, Texas 75240 972-991 - 192 FAX 972-991-1188 This property was zoned for a restaurant and platted for development within on March 9, 1999. On March 14, 2000 an amendment to this SLIP was approved to allow for a monument sign on the property. TRANSPORTATION: Denton Tap Road is a 6PD, six-lane divided thoroughfare contained within a 120-foot fight-of-my SURROUNDING LAND USE & ZONING: North- vacant; PD-108 LI South - vacant; "C" Commercial East - vacant; "LI" Light Indastdal and "C" Commercial West - single-family housing; "C" Commemial Item # 7 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for mixed-use development, which includes restaurants. DISCUSSION: The current request is to mend and expand this SUP to allow for additional parking on the rear of an adjacent properly on Bullock Road. Access to this additional Farking will be via a driveway over an existing, but unpaved alley. Since Dickey's restaurant opened, them has been a shortage of parking for the employees as well as the customers. Vehicles have been parking on the vacant land to the south of the restaurant, as well as on the subject property on Bullock Road. On a site visit during the week of July 241h, cars were parked on unimproved surfaces in the front, side and rear yard of this existing residential structure. Bullock Drive is currently developed with single family homes, but zoned for commercial uses. Some of the homes have been converted to office uses, however, most are still occupied for residential uses. Therefore, diverting this traffic off of Bullock and onto Denton Tap Road is desirable. The site plan for the parking lot pmposesl2 additional spaces, with a driveway connecting the parking lot to the existing Dickey's site. This driveway will be paved over an existing unimproved alley. Provisions need to be made to deter vehicles from accessing this unpaved alley, while allowing for the utility compani~ to maintain their existing facihties within this right-of-way. Staff is recommending that, six (6) inch curbs be placed on both sides of the driveway, as well as signage indicating no access to the alley is permitted. In the event that this does not deter access to the alley (and parking), then a more vertical structure may have to be installed, such as removable bollards. This additional parking area is required to be served by a 24' fire lane. According to the Fire Marshall, the fire lane must loop the existing parking lot and extend across the alley into the proposed parking lot. The platted existing tim lane is limited to the southeast comer of the tract. Modifications to the fire lane can either be established through a re-plat or via a separate instrument. Finally, a 20-foot high lighting fixture is being proposed at the end of this parking lot, which is to be a down light, as to not negatively impact residences in close proximity to this site. The site plan indicates that the remaining portion of the lot and building frontrag Bullock will be utilized as an office and the provision of four (4) parking spaces. A note needs to be placed on the site plan that states that "this portion of the site plan is for illustrative purposes only, and does not constitute site plan approval for this pertion of the lot". The landscaping notes also need to be removed from the site plan. Item//7 The amount of landscaping shown on the Landscape Plan appears to meet minimum requirements. The required 10-foot perimeter landscaping is provided along the property lines. A 5.4-foot buffer is being provided adjacent to the eight (8) foot wood fence that separates the parking lot from the existing structure on Bullock. Interior landscaping and number of trees provided appears to exceed ordinance requirements. Given that no buildings are being constructed on this tract, non-vehicular landscaping is not applicable. However, the tabulations on the landscape plan do not reflect the landscaping required or being provided on the property, and need to be corrected. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: ALTERNATIVES: Although this is not an ideal solution to this existing parking problem, it is beneficial to the existing residents on Bullock, the employees, and patrons of this established restaurant. Therefore, staff is recommending APPROVAL subject to the following conditions: 1. Access to the alley shall be prohibited, except by utility companies, through the installation of 6" curbs and signage. In the event that this alley is being used for additional parking and access to Dickey's then additional traffic diverters will be constructed at the owner's expense, subject to approval by the city and the effected utility companies. 2. Submission of a parking agreement for the use of this "off-site" parking lot for Dickey's Restaurant. 3. A note being added to the Site Plan and the Landscape Plan stating that "the office and associated parking on the front portion of this lot as indicated on the site plan is for illustrative purposes only, and does not constitute site plan approval for this portion of the lot". 4. The tabulations on the landscape plan need to be revised to reflect the landscaping indicated on the site plan. 5. The parking lot light shall be a maximum height of 20 feet, and shall be of a down light type, as defined in Section 36-3 of the Zoning Ordinance, which shall not produce glare onto adjacent residential properties. 6. The site plan shall be revised to provide and clearly indicate that the required 24' wide fire lane loops the existing parking lot and extends across the alley into the proposed parking lot. 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsidemtion at a later date. ATTACHMENTS: 1 ) Fire Department Comments 2) Preliminary Site Plan 3) Preliminary Landscape Plan Item # 7 Marcie Diamond - Dickeys BBQ Page 1 From: Travis Crump To: Marcie Diamond Date: Fri, Aug 11, 2000 9:39 AM Subject: Dickeys BBQ Marcje, I took a look at the fire lane layout for Dickeys. It does not meet the requirements that we provided to them. The fire lane is to loop around the existing parking lot and is to be designated as "Fire Lane Easement". If you have any questions, please give me a call at extension 3503. Thanks Trevis T H g · C I T Y · 0 F COPFELL AaF, NDA REQUEST FORM ~'~~ITY COUNCIL MEETING: September 12, 2000 ITEM # [ ~ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-186. Duke-Freeport Addition. zoning change request from LI (Light Industrial) to PD-186-LI (Planned Development-186, Light Industrial), with a Concept Plan to allow the development of 7 office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppell Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: April 20, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Show brick paver bands at Freeport/Bethel Road. 2) Required landscape setbaclcs on west property line are 10 feet, not 5 feet.. (CONDITION MET) 3) Justify interior landscape calculations for buildings 5/6. (CONDITION MET) 4) Consider retention vs. detention ponds. 5) Verify permanent landscaping requirement (shown on one plan as 1,120,129 square feet). Landscaping requirement needs to be shown on Exhibit A. 1 Conceptual Site Plan. (3-) Insure Landscape Tabulations and Sheet A. 1 calculations track with one another (no building ffl data on Sheet A. 1, for example). (CONDITION PARTIALLY MET) 7) No building permit or Certificate of Occupancy shall be issued for any portion of the property until a Detail Site Plan is approved aRer a Public Hearing by the Planning Commission and City Council. 8) Among other requirements, a color board will be required before a Detail PD will be reviewed. 9) io) ll) Agenda Request Form - ~evtised 5/00 FIN. REVIEW: A tree survey and tree preservation reparation will be required before development is allowed to \ occur on the property. Fire Department regulations will be addressed during plan review process. Address Depat h~iental comments. CITY MANAGER REVIEW:% Document Name: @PD186df CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: DUKE-WEEKS REALTY CORPORATION CONCEPTUAL PD SITE PLAN, PD-186 P & Z HEARING DATE: C.C. HEARING DATE: April20,2000 May 9, 2000 LOCATION: Along the north side of W. Bethel Road, south of Ruby Road, east of Coppell Road. SIZE OF AREA: Approximately 142 acres of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Conceptual Site Plan approval. APPMCANT: Duke-Weeks Realty Corp. Paul Brown 5495 Belt Line Road, Suite 360 Dallas, TX. 75240 (972) 687-0006 Fax: (972) 687-0007 Paeheco Koch, Engineer 9401 LBJ Freeway, Ste. 300 Dallas, TX. 75243 (972) 235-3031 Fax: (972) 235-9544 HISTORY: There has been no recent zoning/subdivision activity on this parcel. TRANSPORTATION: Freeport Parkway needs to be constructed through this property as a C4D/6 four-lane divided built in a six-lane (120-foot) r.o.w. Bethel Road is proposed to be a C4D (four-lane divided within a 110 foot r.o.w.) SURROUNDING LAND USE & ZONING: North- Wagon Wheel Park, trailer park, new duplexes; LI, 2F9 South -vacant, single family; LI, SF-12 East - residential and commercial; SF-12, HO SF-12, HO-C West - vacant LI; Light Industrial Item # 10 COMPREHENSWE PLAN: The Comprehensive Plan shows the property as suitable for office, showroom, light industrial and warehousing uses. DISCUSSION: Conceptual PD's are difficult to evaluate because detailed plans are not included in their submittal. This applicant has provided staff with additional information that prompts us to generally support this proposal. This is a request to master plan over 140 acres with potential office, showroom and warehouse uses. As such, it warrants a close review of the overall development plan. For the most part, staff is supportive of this proposal--it includes greater that normal setbacks along Coppell Road next to residential development; it proposes a minimum six foot high solid masonry fence adjacent to the Loch Lane subdivision and additional green space setbacks along that area; detention ponds are proposed to address the drainage issue; and dedicated right of way is provided to extend the circulation system and improve access to Wagon Wheel Park. All in all, this is a good plan for the eventual development of over 2 million square feet of industrial-type space. As a concept plan, it is recognized that changes can occur as the detail plan is developed. Where one building footprint is shown, perhaps two buildings will eventually be built; detention ponds may become retention ponds (which from an aesthetic view are more desirable); detailed landscaping may change minimally, but overall, the plan being submitted here is what the applicant envisions for this area at build out. The plan is commendable in that circulation to the area does not impact our residential neighborhoods, we get the extension of Freeport Parkway, Wagon Wheel Park is made more accessible, and the landscaped islands makes an ateactive statement. That coupled with the fact that land which has had no significant taxable value in the past will now become productive land for this community adds to the attractiveness of this proposal. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: As a concept, this proposal meets the requirements of the Zoning Ordinance. As a plan of what this area can become, it is an exciting concept. However, there are several conditions of approval which warrant staff comment. Among them: -show brick paver bands at Freeport/Bethel Road -required landscape setbacks on west property line are 10 feet, not 5 feet -justify interior landscape calculations for buildings 5/6 -consider retention vs. detention ponds Item# 10 -verify pennanent landscaping requiremere (shown on one plan as l, 120, 129 square feet) -insure Landscape Tabulations and Sheet A. 1 calculations track with one another (no building #1 data on Sheet A.1 for example) -no building permit or certificate of occupancy shall be issued for any portion of the property until a Detail Site Plan is approved after a public hearing by the Planning Commission and City Council -among other requirements, a color board will be required before a Detail PD will be reviewed -a tree survey and tree preservation reparation will be required before development is allowed to occur on the property -Fire Deparlment regulations will be addressed during plan review process -address Departmental comments 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) 2) Conceptual PD Packet including: landscape tabulations landscape treatment drainage plan utility plan tree survey (4 sheets) conceptual site plan elevations (3 sheets) Departmental comments (Planning, Leisure Services) Item # 10 City of Coppell Development Review Committee Comments Planning Department P.D.-186-LI - DUI~. WEEKS North side of W. Bethel Road, South of Ruby Road, East of Coppell Road 1. Interior landscape calculations for buildings 5/6 should reflect 38,600 sq. ft., 2. No building permit or certificate of occupancy shall be issued for any portion of the property until a Detail Site Plan is approved after a public hearing by City Council and Planning Commiss.ion 3. Perimeter landscaping calculations for each lot shall read as follows: Lot #1 Perimeter Landscaping Requirement: 68,600 sq. ~. Lot #2 ...... 49,225 .... Lot #3 ...... 38 800"" Lot #4 ...... 30,400 .... Lot #5/6" " " 40,700 .... Lot #7 ...... 25,850 .... 4. Verify permanent calculated landscaping requirement shown on Concept Plan as 1,120,129 sq. ft. 5. Provide vertical dimensions on Section A-A; i.e., height of berm, trees, building, etc. 6. Provide minimum setbacks along all property lines 7. Insure that Conceptual Site Plan calculations and Sheet A. 1 calculations track with one another 8. Indicate maximum building height for each site as well as r.o.w. for Freeport Parkway 9. Consider retention vs~ detention ponds becaUse oflandscaping proposal 10. Among other requirements, color board will be required before Detail PD will be reviewed DRC Date: March 30, 2000 Page 1 of 2 03/3g/gg 08:53 CITY OF COPfELL ~ 9?2 :~4 ?892 CONTACT: Brad Reta~ Park Plannfng and Landscape ~ ~, COMMENT STATtlS: PRELIMINARY REVISED AFTER P~Z A tr~ surve~ is required to d~termtne if tree preservation reparation ram/be due as a result of developmen~ Th~ Ctf~J of Coppell Htk~ and Bike Trail Master Plan indicates tke Freeport Greenwalk along the western side of Freeport Blv~L in this area. A 20' hike and bike ~ail easement will be required along the western side of and adjacent to Freeport BlvaL. DRCO&~OOe T H E · C I T Y · 0 F COPFELL AGENDA REQUEST FORM ~~%ITY COUNCIL MEETING: September 12, 2000 ITEM # ~,~0 ITEM CAPTION: Consider approval of the Duke-Freeport Addition. Lot 1 of Block A. Lot 2 of Block B and Lot 3 of Block C. Preliminary Plat, to allow the construction of Freeport Parkway and the development of office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppelt Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 ~Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, with the following conditions: I) All utilities associated with the construction of Freeport Parkway; i.e., drainage easement which will run west to east titrough the property, need to be platted. 2) Existing right-of-way of Bethel Road needs to be shown. Right-of-way dedication will be needed to accomplish the 90' fight-of-way needed for Bethel Road. 3)Existing right-of-way for Ruby Road needs to be shown. Right-of-way dedication may be needed to achieve the 60' right-of-way requirement. 4) TXU easements need to be shown. Please contact Rick Fielding at (972) 888-1344. Staff recommends approval. Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @DukFpp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: DUKE-FREEPORT ADDITION, LOT 1 OF BLOCK A, LOT 2 OF BLOCK B AND LOT 3 OF BLOCK C PRELIMINARY PLAT P & Z HEARING DATE: C.C. HEARING DATE: August 17, 2000 September 12, 2000 LOCATION: SIZE OF AREA: Along the north side of W. Bethel Road, south of Ruby Road and west of Coppell Road. Approximately 144 acres of property (of which 10.083 acres is to be platted as Freeport Parkway r.o.w.) CURRENT ZONING: LI (Light Industrial) REQUEST: Preliminary Plat approval. APPLICANT: Duke-Weeks Realty 5495 Beltline Road Suite 360 Dallas, Texas 75240 (972) 361-6700 Fax: (972)361-6800 Pacheco-Koch Engineers 9401 LBJ Freeway Suite 300 Dallas, Texas 75243 (972) 235-3031 Fax: (972) 235-9544 HISTORY: There has been no recent development history on this 140 acre plus parcel although a zoning case to rezone to PD was approved by the Planning Commission on April 20, 2000. That recommendation was not forwarded to City Council at the request of the applicant. Item # 11 TRANSPORTATION: Freeport Parkway is shown as a C4D/6 four lane divided thoroughfare, to be contained within a 110 foot right of way. It currently does not extend through this property, hence the mason for the plat. SURROUNDING LAND USE & ZONING: North- vacant and developing duplexes; LI and 2F9 South- warehousing; LI East - residences and commercial; SF-12, PD SF-7, HO-C West - vacant; LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial uses. DISCUSSION: This proposal is primarily for the dedication of right-of-way for the extension of Freeport Parkway through the Duke-Weeks property. In toto, approximately I 0 acres of land are shown to be dedicated for this roadway. With a r.o.w. width of 110 feet there will be ample room for utilities, pavement, etc. required by ordinance. A secondary comment relates to the ultimate development of this land once the street has been platted. Planning Commission approved rezoning this parcel ~'om LI to PD in April. Subsequent to that action, the applicant requested a delay in forwarding the PD recommendation to Council. Provided the applicant understands that a final plat for any building site can not be processed until permanent zoning has been established, staff can support this submittal. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: As outlined above, provided the applicant is platting this property for the putlc~se of dedicating the right-of-way for the extension and construction of Freeport Parkway, staff can support the request. However, if the purpose of the plat is to establish building sites for construction, there are a number of additional processes the applicant must go through before the plat is ready for approval. For example, the property has been appmved for PD zoning by the Planning Commission. Before any development could occur on site, the PD would have to be considered by City Council. Assuming rezoning is eventually approved, then minimum setbacks, fire lanes, landscape requirements, site plan approval would all have to be considered before any development could occur. Item # 11 ALTERNATIVES: 1) Recommendapprovalofthemquest 2) Recommend disapproval of the request ATTACHMENTS: 1 ) Departmental commems (Engineering) 2) Departmental comments (TXU) 3) Conditions for approval of the PD 4) Preliminary Plat Document Item # 11 DEVELOPMENT REVIEW COMMITFEE ENGINEERING COMMENTS ITEM: Duke-Fieeks Realty Corporation, Preliminary Plat, to allow the construction of Freeport Parkway and the development of office/warehouse facilities on approximately 142 acres of property along the north side of I~. Bethal Road, south of Ruby Road, and west of Coppell Road, at the request of Pacheco Koch Consulting Engineers. DRC DATE: July 2 7, 2000 and August 3, 2000 CONTACT: Mike Martin, P.E., Assistant Ci(F Engineer 072-304-3679) COMMENT STATUS: PRELIMINARY ,,"FINAL REVISED AFTER P&Z I. Need to plat all utilities associated with the construction of Freeport Parkway (i.e. drainage easement which will run west to east through property). 2. Need to show existing right-of-way of Bethel Road. Right-of-way dedication will be needed to accomplish the 90' right-of-way needed for Bethel Road. 3. Need to show the existing right-of-way for Ruby Road. Right-of-way dedication may be needed to achieve the 60' right-of-way requirement. O TXU TXU Electric & Gas 4200 North Belt Line Ir~ing, TX 75038 Comments for City of Coppell Development Review Committee JUL 2 7 2000 July 26, 2000 Duke-Weeks Realty Corporation, Final Plat Easements needed. Contact Rick Fielding at 972- 888-1344. Bobby Oney T H E; · C I T Y · 0 F COPFELL AGENDA RF. QUEST FORM ~~~ITY COUNCIL MEETING: September 12, 2000 ITEM # ITEM CAPTION: Consider approval of the Duke-Freeport Addition, Lot 1 of Block A. Lot 2 of Block B and Lot 3 of Block C. Final Plat, to allow the construction of Freeport Parkway and the development of office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppell Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, with the following conditions: 1) All utilities associated with the construction of Freeport Parkway; i.e., drainage easement which will run west to east through the property, need to be platted. 2) Existing right-of-way of Bethel Road needs to be shown. Right-of-way dedication will be needed to accomplish the 90' right-of-way needed for Bethel Road. 3) Existing right-of-way for Ruby Road needs to be shown. Right-of-way dedication may be needed to achieve the 60' right-of-way requirement. 4) TXU easements need to be shown. Please contact Rick Fielding at (972) 888-1344. 5) Add to the tide block "Freeport Parlavay Extension", below "Final Plat". (CONDITION MET) Staff recommends approval. DIR. INITIALS: ~ 0 Agenda Request Form -~fvised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @DukFfp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: DUKE-FREEPORT ADDITION, LOT 1 OF BLOCK A, LOT 2 OF BLOCK B AND LOT 3 OF BLOCK C FINAL PLAT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: August 17, 2000 September 12, 2000 Along the north side of W. Bethel Road, south of Ruby Road and west of Coppell Road. Approximately 144 acres of property (of which 10.083 acres is to be platted as Freeport Parkway r.o.w.) CURRENT ZONING: (Light industrial) REQUEST: Final Plat approval. APPLICANT: Duke-Weeks Realty 5495 Beltline Road Suite 360 Dallas, Texas 75240 (972) 361-6700 Fax: (972) 361-6800 Pacheco-Koch Engineers 9401 LBJ Freeway Suite 300 Dallas, Texas 75243 (972) 235-3031 Fax: (972) 235-9544 H/STORY: Them has been no recent development history on this 144 acre parcel although a zoning case to rezone to PD was approved by the Planning Commission on April 20, 1000. That recommendation was not forwarded to City Council at the request of the applicant. TRANSPORTATION: Freeport Parkway is shown as a C4D/6 four lane divided thoroughfare, to be contained within a 110 foot right of way. It currently does not extend through this property, hence the reason for the plat. Item # 12 SURROUNDING LAND USE & ZONING: North- vacant and developing duplexes; LI and 2F9 South - warehousing; LI East - residences and commercial; SF-12, PD SF-7, HO-C West - vacant; LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial uses. DISCUSSION: As outlined in the preliminary plat discussion regarding this same property, if the purpose of the plat is to dedicated the right of way for the extension of Freeport Parkway, staff can support the request. We would only add here that if a building site is also desired, then resolution of the PD zoning case needs to take place prior 1o platting. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the final plat for the extension of Freeport Parkway subject to the following conditions: plat meet all conditions of Preliminary Plat approval Meet all Departmental conditions (Engineering & TXU) ALTERNATIVES: 1) 2) Recommend approval of the request Recommend disapproval of the request ATTACHlVIENTS: 1) 2) 3) Departmental comments (Engineering) Departmental comments (TXU) Final Plat Document Item# 12 DEVELOPMENT REVIEW C OMMITFEE ENGINEERING COMMENTS ITEM: Duke-Weeks Realty Corporation. Final Plat, to allow the construction of Freeport Parlovay and the development of office/warehouse facilities on approximately 142 acres of property along the north side of W. Bethal Road, south of Ruby Road, and west of Coppell Road, at the request of Pacheco Koch Consulting Engineers. DRC DATE: July 27, 2000 and August 3, 2000 CONTACT: Mike Martin, P.E., Assistant City Engineer (972-304-3679) COMMENT STATUS: PRELIMINARY ,/FINAL REVISED AFTER P & Z 1. Need to plat all milities associated with the construction of Freeport Parkway (i.e. drainage easement which will mn west m east through property). 2. Need to show existing right-of-way of Bethel Road. Right-of-way dedication will be needed to accomplish the 90' right-of-way needed for Bethel Road. 3. Need to show the existing right-of-way for Ruby Road. Right-of-way dedication may be needed to achieve the 60' right-of-way requirement. TXU TXU Electric & Gas 4200 North Belt Line Irving, TX 75038 Comments for City of Coppell Development Review Committee JUL 2 7 2000 July 26, 2000 Duke-Weeks Realty Corporation, Preliminary Plat Easements needed. Contact Rick Fielding /~t 972-888-1344. Bobby Oney T H E · C I T Y * 0 Fr COFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING:~ a · ~ September 12, 2000 ITEM # Z~ ITEM CAPTION: Consider approval of the Coppell Senior Center. Site Plan Amendment. to allow for the renovation and expansion of the main Senior Center and the annex located at 616 Coppell Road. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, with the following conditions: All affected elevations of both buildings need to be shown and labeled in terms of direction of the fa9ade, (i.e., north, south, east, and west). (CONDITION MET) 2. A specification of the color and materials to be used needs to be added to the elevation drawings and/or submitted on a color board. 3. The existing and surrounding zoning designations need to be added to the Site Plan. (CONDITION MET) 4. Inclusion of a location map. (CONDITION MET) Staff recommends approval. DIR. INITIALS: Agenda Request Form - v~ea5;00 CASE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT COPPELL SENIOR CENTER, SITE PLAN AMENDMENT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: August 17, 2000 September 12, 2000 616 Coppell Road. Approximately 0.5 acres of property. CURRENT ZONING: HO-R (Historic Overlay, Retail) REQUEST: Site Plan amendment approval. APPLICANT: HISTORY: Brad Reid Department of Leisure Services 255 Parkway BIrd. Coppell, Texas 75019 972-304-3561 FAX: 972-304-3547 The main senior center building originally housed the City's f'tre station. In 1995 the fire station was constructed on Southwestern Blvd, and the Senior Center relocated from the Annex Building to the nutin building. The annex building was originally the City of Coppell police station, and later occupied by the Water and Tax Depathnent. City Hall was once located in a portable building behind the fire station. The City's original water storage facility still exists on the property. On July 6, 2000 the Board of Adjustment granted a variance to Section 21-5 of the Zoning Ordinance allowing for CMU (concrete block) to be utilized on the additions to the rear of the existing buildings to match the existing building materials. Item # 13 TRANSPORTATION: South Coppell Road is shown on the thoroughfare plan as a C2U Collector (concrete street, 38 feet back to back, within a 60 foot right-of-way), but currently exists as a two lane asphalt road, within an 60 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Single Family; commercial zoning South - Retail; retail zoning East - Single Family; retail zoning West - Commercial; commercial zoning (All surrounding properties are located within the Historic Overlay District) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for uses permitted in the Historic Area. DISCUSSION: As discussed above, this property has been used for several municipal facilities over the years. The current request is to allow for the expansion of both the Main Building and the Annex Building for Senior Center facilities. The main building addition will consist of 374 square feet, and an additional 385 square feet are being added to the annex building. This expansion represents approximately 15% of the total building area. Per interpretation from the Building Official, this property has retained it's non-conforming rights as to the allowance of asphalt verses concrete pavement, and the allowance for head-in parking on Coppell Road and the provision landscaping. However, any additions to a non-conforming use must meet current code requirements. As indicated on the site plan, there are 26 parking spaces, counting the stacked parking on Coppell Road as a single row. Per Section 31-6.6 of the Zoning Ordinance, parking for a Community Center is required as follows: "Ten parking spaces plus (1) additional for each 300 square feet of floor area over 2,000 square feet". The total square footage of both buildings, after the expansion will be 5,027 square feet, requiring 21 spaces. Therefore, the 26 existing parking spaces exceeds the minimum required. The from elevations of the building will remain unchanged, except for the addition of a green awning on the annex building to match the main building. As previously noted, the additions to the rear of the building have received Board of Adjustment approval to allow the use of CMU as a masomy material. The elevations submitted illustrate the existing facades and the proposed additions, however, all effected elevations of both buildings need to be shown, and labeled in terms of direction of the Item # 13 facade, (i.e. north, south, east, and west). A specification of the color and materials to be used needs to be added to the elevation drawings and/or submitted on a color board. The existing and surrounding zoning designations need to be added to the site plan, as well as a location map. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of the site plan subject to: 1. All effected elevations of both buildings need to be shown, and labeled in terms of direction of the fagade, (i.e. north, south, east, and west). 2. A specification of the color and materials to be used needs to be added to the elevation drawings and/or submitted on a color board. 3. The existing and surrounding zoning designations need to be added to the site plan. 4. Inclusion of a location map. 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) Memo from Greg Jones, dated July 24, 200 2) Site Plan 3) Floor Plan 4) Elevations Item # 13 I read section 40-5.5 of the zoning ordinance to mean that a or ~ conforming building may be enlarged. The only stipulations are that 1. the building or addition must conform to the current maxlmmn lot coverage area established and, 2. the new buiMing construction must also meet the current development standards. Approval of the variance for masonry satisfies the requirements of number 2. There is no restriction that I can find that requires an existing legal non-conforming site to meet the any landscaping standards unless in the case where an addition requires additional pavement to accommodate parking. In that case that paving would need to meet the landscape criteria as it applies to that construction. Greg COPFELL AGENDA RF. QUEST FORM ~CITY COUNCIL MEETING: September 12, 2000 ITEM # ITEM CAPTION: Consider approval of the Everybody Fits, Site Plan, to allow the (completion) of construction of an indoor sports/recreation center located on approximately 4.5 acres of property on North Texas Cou~t, west of N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kimvell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, with no conditions: Staff recommends approval. FIN. REVIEW:~ CITY MANAGER REVIEW: Document Name: @EverybF CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: EVERYBODY FITS, SITE PLAN P & Z HEARING DATE: C.C. HEARING DATE: August 17, 2000 September 12, 2000 LOCATION: SIZE OF AREA: North Texas Court; west of N. Denton Tap Road. Approximately 4.5 acres of property, containing 73,000 square feet on two floors (50,000 square feet on first floor). C~ ZONING: REQUEST: APPLICANT: HISTORY: TRANSPORTATION: C (Commercial) Site Plan approval. Bfian Kennedy Everybody Fits, LP 149 Cottonwood Drive Coppell, Texas 75019 (972) 393-1272 Fax: (972) 393-1272 Mark Wainscott Wainscott and Assoc., Architects 4815 Keller Springs Addison, Texas 75001 (972) 447-9119 Fax: (972) 447-9110 Them is a long history on this parcel that started when it was platted in June of 1998. The Board of Adjustment granted a special exception and allowed 116 parking spaces. Shortly after Board action, construction began on what was then known as the North Texas Gymnastics facility, and over the next two years intermittent construction proceeded on site. There were several interruptions in building progress and for many months there was no construction at all. The City became concerned with the facility, and in the summer of 2000 started condemnation proceedings to have the building demolished. During these proceedings we were advised that the building had been sold, the new owner was interested in completing the structure, and this application to renew the site plan was submitted. Denton Tap Road is a P6D, six-lane divided concrete roadway built tostanclardina 110 foot fight ofway. Item # 9 SURROUNDING LAND USE & ZONING: North- developing retail center; "C", PD 178 South - Albertson's center; "C" Commercial East - restaurant and grocery store; "TC" Town Center West - single family; SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail. DISCUSSION: Them are not a whole lot of technical comments to be made regarding this application. Basically, as outlined in the History Section of this report, the request here is to finish a project which has already been through the public heating process before the Planning Commission and City Council. What is being considered is identical to what was already approved and was being consmtcted on site. That being the case, staff has very few comments to make. Our concems are basically detailed in nature, and relate to things like making sure all drawings match from one sheet to the other. We do request submission of a color board acceptable to the Planning and Zoning Commission. The applicant has agreed to provide the board and it will be shown at the Commission heating. We have been advised by the new owner of this land that there may be some future alterations to what has already been approved (such as additional uses, more parking, etc. ), as he gets more into the project, but he recognizes that any major change will require an amendment to this plan and additional public hearings. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Because this application is attempting to finish a project that has already been through the public hearing process, staff supports this request. Were it not for the fact that this site plan was approved over two years ago, and the fact that the Ordinance specifies a site plan is valid for only two years (Section 39-2- 4), consauction could begin immediately. Because the Building Official has interpreted the Ordinance to require a new site plan, we have this application before us. Since it is identical to the earlier approved plan, staff recommends approval of this re-submittal. Positive action on the part of the Planning Commission and City Council will result in a finished project on a parcel of land that has generated more negative comment over the last few months than any other project in recent development history. Staff recommends approval of this request as (re)submitted, with the addition of a color board to be introduced at the Planning Commission meeting. Item # 9 ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsidemtion at a later date. ATTACHMENTS: 1) Landscape Plan 2) Tree Survey 3) Site Plan 4) Floor Plan (first floor) 5) Floor Plan (second floor) 6) Elevations Item # 9 COPFELL AOENDA R qUEST FORM ~CITY COUNCIL MEETING: September 12, 2000 ITEM # ~ ITEMCAPTION: Consider approval of the Nontflake 635 Business Park, Coppell Business Center III, Lots 1 & 2, Block C. Amended Site Plan, to amend the existing site plan for a Cha~es Schwab AMS II facility to revise the parking and landscaping for an 115,200 square-foot office/warehouse facility on approximately 7.1 acres of property located at the southwest comer of Wrangler and Lakeshore Drives. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: August 17, 2000 Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed. Approval is recommended, with the following conditions: 1) Interior office space can not exceed 35% (40,320 sf.) of the building area. (CONDITION MET) 2) Special Exception approval by the Board of Adjustment, per Section 34-1-8 (B) (3) of the Landscape Ordinance allowing for rows of parking with less than 5 spaces. 3) The applicant shah revise the Landscape Plan to reflect the current site design. The level of landscaping shall also be revised to reflect the current amount, which may not decrease below the amount shown on the plan. 4) City Council must approve the proposed hving screen in heu of a 6'-high masonry wall. 5) Service yard screening wall shall contain a maximum of 20% non masonry materials. (CONDITION MET) 6) Service yard access gates shall be of a non masonry material other than chain link. (CONDITION MET) 7) (CONDITIONS CO TINUED ON THE NEXT PAGE) ADgeIRn~RIZe~:stL~FoSr~ O0 FIN. REVIEW: Compactor/recycling equipment screen walls shah be a minimum of 25' in height, and the submission of a certification from a Structural Engineer that these flee-standing walls will be structuraHy sound without additional structural support system is required. CITY MANAGER REVIEW: Document Name: @NL635sp NORTHLAKE 635 BUSiNESS PARK, COPPELL BUSINESS CENTER III LOTS 18:2, BLOCK C, SITE PLAN AMENDMENT (CONDITIONS CONTINUED) 8) Correct plan to showy that 214 spaces are proposed and not 216. (CONDITION MET) 9) Once recently approved replat for the subject site is recorded, the applicant shall modify title block to reflect the following: Coppell Business Center III, Lot 2 and 3, Block C, a replat of part of Northlake 635 Business Park. 10) All vacuums on the roof shall be soundproofed. 11) The top of the recycling mechanism shall be no higher than the building roofline and screening wall. (CONDITIONMET) Staff recommends approval. CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: NORTHLAKE 635 BUSINESS PARL COPPELL BUSINESS CENTER III, LOTS l&2 BLOCK C P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: CURRENT ZONING: REQUEST: August 17, 2000 September 12, 2000 South side of Wrangler, between Lakeshore and Crestside Drives. Approximately 8.6 acres of property. LI flight Industrial) Site Plan amendment approval. APPLICANT: Owner: Lincoln Property Co. 3300 Lincoln Plaza 500 N. Akard Dallas, TX 75201-3394 (214) 740-3300 FAX: (214) 361-5573 Architect: Bfian Gray Page Southe~and Page 3500 Maple Avenue Dallas, TX 75219 (214) 522-3900 FAX: (214) 361-5573 HISTORY: TRANSPORTATION: A replat and site plan were approved by City Council on April 4, 2000 for the subject site. The site plan proposed a 115,200 sq. ft. warehouse/production building consisting of 25,344 sf. of office area and 89,856 sf. of warehousing area and provided 174 parking spaces. A special use permit and plat to allow a 4-pamp fuel island, track maintenance garage, truck wash and a 23,102 sf office/warehouse facility on Lot 1 was denied by City Council on June 8, 1999. Wrangler Drive is a 4-lane undivided collector street In a 60'-wide right-of-my. Both Lakeshorn and Crestside Drives are C2U, two- lane undivided macks built in a 60'-wide rights-of-way. The site will be accessed via two curb cuts on Crestside Drive, two on Lakeshorn Drive, and one on Wrangler Drive. Item #10 SURROUNDING LAND USE & ZONING: North - South - East- West - Office/warehouse facility; LI- Light Industrial Office/warehouse facility and vacant land; LI- Light Industrial Office/warehouse facility; LI- Light Indus~al Commercial Center with Day Care; LI- Light Industrial COMPREHElqSIVE PLAN: The Comprehensive Plan designates the property as suitable for light industrial and showroom type of uses. DISCUS SION: As mentioned in the History Section above, a site plan for the subject site was approved in April 2000. The applicant is requesting to amend the site plan in order to locate the Charles Schwab & Company printing facilities on the subject site. Several modifications to the approved site plan are proposed; however, the size of the building, the overall layout of the site, and landscaping will remain consistent with the original site plan. All proposed changes made to the plan are "clouded" on the submitted materials. The site has been graded and the building foundation is complete. The 1.5-acre tract, adjacent to the south, which fronts on Lakeshore Drive, will remain undeveloped at this time. The applicant has indicated that this parcel has been studied for the.provision of additional parking to serve the adjacent site if needed at a later date. Site Plan The first significant change to the site plan is the addition of compactor/recycling equipment on the exterior of the west building wall. This appurtenance will contain a cyclone vacuum unit, extending 10' beyond the rootinc. Given the visual impact and the potential noise which may negatively effect the adjacent day care use, Staff recommended that the unit be placed inside or relocated to the rear of the building, or, at a minimum lowered below the rootinc. However, the applicant has indicated that this equipment cannot be relocate& They have attempted to screen the compactor/recycling equipment from view with four, 25' high tilt walls, measuring 65'-114' in length. A section is shown on the plan, representing the sight line from Crestside Drive. Staff believes that the screen walls will substantially screen the compactor/recycling equipment; however, some visibility is certain. Staff is also requesting certification from a Structural Engineer that these freestanding walls will be structurally sound without additional structural support system. An additional change to the site plan is the elimination of several proposed dock doors on the east side of the building. Due to the specific Item #10 tenant's needs, all proposed dock doors facing Lakeshore Drive will be omitted and replaced with glass aluminum storefront windows and a passenger vehicle parking area. Staff supports this change to a less intensive, commercial office area along Lakeshore Drive. Similar to the original site plan, the south side of the building will house a service yard, containing transformers, generators, and cooling elements. A 20' high screen wall on all sides will screen the area. As currently proposed, the screen wall would be constructed of aluminum louvers. Staff does not support the choice of materials and recommends the screen wall materials be held to the same standard as the main building, with a maximum of 20% of the screen wall consisting of non-masoary materials. Aluminum louvers should be used as needed for circulation, but should not serve as the primary material. Further, alternative materials for access gates are also recommended in lieu of chain link. The building elevations show a 2-tone painted tilt wall structure in grey- green and taupe shades. Accent square, reveals, stairs and railings are shown in a grey-green shade. The windows are green solex glass. As previously approved, a 60-square foot monument sign will be constructed shown on top of the berm at the southwest corner of Wrangler and Lakeshore Drives. The sign is a 6" concrete panel painted to match the building. The sign will reference the Coppell Business Center II and the future tenant Charles Schwab. Parking Staff is concerned with the amount of proposed parking. Initially, the applicant indicated their intentions to maintain the previously approved mix of office and warehouse with 22% of the facility devoted to office and the remaining 78% for warehousing, resulting in a parking requirement of 174 spaces. Since that time, the amount of parking and the mix of office and warehouse space have considerably varied with each re-submission. Staff requested that the applicant calculate the required parking in accordance with Section 34-6 (18) of the zoning ordinance, which requires one space per employee per maximum shift, but not less than one space per 1,000 square feet. In response to staff's request, the applicant's next submission indicated that 40% will be office and 60% warehouse; the number of employees was still not shown, but mentioned at the DRC meeting to be approximately 250 employees. The current site plan shows a maximum of 175 employees per shift, served by 214 parking spaces; an adequate amount of parking according to the numbers on the site plan. However, given the substantial variation in office/warehouse square footage and the projected employee count, staff is concerned that the Item #10 number of employees is not definitive and that eventual expansion of this facility may result in the need for additional parking. In order to ensure that parking does not become deficient in the future, staff is recommending that a maximum of 35% of building square footage be devoted to office uses. While the level of required parking is currently based on the number of employees and appears sufficient, adherence to both standards, parking based on the number of employees and the square footage of office, will provide assurance that parking will remain in compliance. In the event the employee count or the ratio of office increases, then additional parking could potentially be provided on the vacant tract abutting to the south which is under the same ownership. An amended site plan would be required. Finally, the current site plan submission indicates that 216 spaces are proposed; however, staff's calculation indicates that only 214 spaces are actually proposed. Landscape Plan As submitted, the landscape plan is not consistent with the site plan. The applicant recently revised the site plan to provide screening for the recycling/compactor area, but corresponding revisions were not made the landscape plan. While the plan does not reflect the exact proposed site design, it is apparent that mino. r changes to the plan would remedy these inconsistencies. Landscape areas surrounding the proposed 25' high screen walls will have to be revised; however, it is staff's interpretation that the level of landscaping will actually increase due to the elimination of several parking spaces to provide space for the screen walls. The submitted landscape plan does comply with landscape requirements; however, inconsistencies must be remedied. In all districts where loading areas are facing a street a 6'-high screening wall is required. City Council may modify the screening treatment and allow a living screen. The application shows that a 3'-high berm with Needlepoint Holly shrubs and Leyland Cypress planted on top and between the berms, with Live Oak perimeter trees interspersed between the berms to screen dock doors along Crestside Drive. The 25' high screen walls proposed along Crestside Drive will aid in screening the loading areas, but will not completely screen these areas. As noted on the site plan, there are two rows of parking on the east side of the building that contain less than the minimum 5 spaces. The applicant will be required to apply for Special Exception to the Board of Adjustment, per Section 34-1-8 (B) (3) of the Landscape Ordinance allowing for rows of parking with less than 5 spaces. Item #10 RECOMIvlENDATION TO THE PLANNING & ZONING COMMISSION: While staff has some concerns relating to the parking and the addition of the compactor/recycling equipment, the elimination of numerous dock doors and additional screening are improvements and supported by staff. The recommended conditions should ensure quality screening, materials, and design, Therefore, staff recommends APPROVAL of the site plan revision subject to the following conditions being met: 1) 2) 3) 4) 5) 6) 7) 8) 9) ALTERNATIVES: l) 3) 4) Interior office space can not exceed 35% (40,320 sf.) of the building area. Special Exception approval by the Board of Adjustment, per Section 34-1-8 (B) (3) of the Landscape Ordinance allowing for rows of parking with less than 5 spaces. The applicant shall revise the landscape to reflect the current site design. The level of landscaping shall also be revised to reflect the current mount, which may not decrease below the amount shown on the plan. City Council must approve the proposed living screen in lieu of a 6'-high masortry wall. Service yard screening wall shall contain a maximum of 20% non-maso_n[y materials. Service yard access gates shall be of a non-masonry material other than chain link. Compactor/recycling equipment screen walls shall be a minimum of 25' in height, and the submission of a certification from a Structural Engineer that these free- standing walls will be structurally sound without additional structural support system is required. Correct plan to show that 214 spaces are proposed and not 216. Once recently approved replat for the subject site is recorded, the applicant shall modify title block to reflect the following: Coppell Business Center III, Lot 2 and 3, Block C, a replat of part of Northlake 635 Business Park. Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for mconsideration at a later date. ATTACHMENTS: 1 ) Photograph of Propesed Recycling/Compactor unit 2) Site Plan 3) Building Elevations Item # 10 4) 5) 6) Landscape Plan Landseap~ Details Landscape Tabulations Item #10 COPPEEL AOENDA REQUEST FORM ~~~ITY COUNCIL MEETING: September 12, 2000 ITEM # 25 ITEM CAPTION: Consider approval of an Economic Development Incentive Agreement, as revised by the Coppell Independent School District, between the City of Coppell and the Coppell Independent School District, and authorizing the City Manager to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: This item will authorize the City of Coppell to provide funding in escrow with the Coppell Independent School District, in the amount equal to the CISD estimated freeport tax loss. By providing the CISD with the above escrowed funds, the CISD will be in a position to repeal the freeport tax during their regularly scheduled meeting in September. The City currently has executed "In Lieu of Freeport Taxes" agreements with the applicable corporations and/or developer contributions to cover the amount to be escrowed with the CISD, said "in lieu of" agreements are payable no later than December 1, 2000. BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ +\-BID $ Agreements have been signed in an amount that will cover the escrowed funds. DIR. INITIALS: FIN. REVIEW: ~C CITY MANAGER REVIEW: Agcnda Request Form - Revised 5/00 Document Name: CISDFRPTRV STATE OF TEXAS ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT COUNTY OF DALLAS This Agreement (the "Agreement") is made by and between the City of Coppell, Texas (the "City") and the Coppell Independent School District (the "SchooF') acting by and through their authorized officers and representatives. WHEREAS, the City is authorized by TEX. LOC. GOVT CODE §380.001 to provide economic development grants and incentives; and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the local option exemption of lireeport goods under the Texas Constitution and TEX. Loc. GOV'T CODE §11.251 CFmeport Goods") will promote economic development, increase tax base, stimulate growth and generate employment; and WHEREAS, the City and Dallas County have taken action to exempt Freeport Goods from ad valorera taxation; and WHEREAS, the School previously exercised the local option to tax Freeport Goods under the Texas Constitution and TEX. PROP. TAX CODE §11.251; and WHEREAS, the School has been requested to repeal its prior action and exempt Freeport Goods from ad valorem taxation beginning with the 2000 tax year; and WHEREAS, the exemption of Freeport Goods from ad valorem taxation will not adversely affect the School's funding from the State of Texas beginning the second tax year in which such exemption is in effect; and WHEREAS, the School estimates that it will lose One Million Two Hundred Fifty-Three Thousand Eight Hundred Five Dollars ($1,253,805) in tax revenue in the first tax year in which Freeport Goods are exempt from property taxation by the School (the "Estimated Freeport Loss"); and WHEREAS, private companies and businesses (the "Companies") have offered, if the School will take action to exempt Freeport Goods, to make cash payments to the School in an amount equal to the property taxes that would have been owed to the School for tax year 2000 based on the taxable value of Freeport Goods as determined by the Dallas Central Appraisal District ("Cash Payments"); and WHEREAS, the School may take action to exempt Freeport Goods beginning tax year 2000 provided the School has received the Cash Payments on or before October 1, 2000 in an amount of not less than One Million Two Hundred Filly-Three Thousand Eight Hundred Five Dollars ($1,253,805); and ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 1 3300! WHEREAS, the Companies shall provide the Cash Payments to the School on or before December 1, 2000 provided the School takes action to exempt Freeport Goods beginning tax year 2000; and WHEREAS, the City has been requested to temporarily fund the Cash Payments until January 15, 2001; and WHEREAS, the School has agreed to assign its rights to receive the Cash Payments to the City; and WHEREAS, the Sehool's adoption of Freeport exemption and the temporary funding of the Cash Payments by the City will promote economic development in the City; NOW THEREFORE in consideration of the foregoing and other valuable consideration the sufficiency and receipt of which is hereby acknowledged the parties agree as follows: TERM 1. The term of this Agreement shall begin on the last date all the parties have executed this Agreement (the "Effective date") and continue until later of (i) January 15, 2001, and (ii) the date the School has fully satisfied all of the terms and conditions hereof (the "Expiration Date"). ECONOMIC DEVELOPMENT INCENTIVES 2. Subject to the School's continued satisfaction of all the terms and conditions of this Agreement, the City agrees to provide an economic development grant to the School in the amount of One Million Two Handred Fifty-Three Thousand Eight Hundred Five Dollars ($1,253,805) to be placed in an escrow fund to temporarily fund the Cash Payments in accordance with the terms set forth herein (the "Escrow Funds") subject to the School's obligation to refund the Escrow Funds as set forth herein. 3. The Escrow Funds shall be paid solely fzom lawfully available funds. Under no circumstances shall the City's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provisions. Consequently, notwithstanding any provision of this Agreement, the City shall have no obligation or liability to pay or provide any portion of the Escrow Funds unless the City appropriates funds to make such payments during the budget year in which the Escrow Funds are to be provided. 4. The City shall not be obligated to pay or provide the Escrow Funds to any financial institution or any third party on behalf of or for the benefit of the School. None of the City's obligations under this Agreement shall be pledged, assigned or otherwise encumbered in favor of any third party. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 2 33001 PAYMENT AND REFUND OF ESCROW FUNDS 5. The City shall provide the Escrow Funds by wire transfer to an insured interest bearing account designated by the School on or before September 17, 2000 which Escrow Funds shall be held by the School tmtll the conditions precedent to the transfer of Escrow Funds have been satisfied at which time such Escrow Funds, including any accrued interest may be transferred to the School's general revenue funds. If the School fails to satisfy the conditions precedent to the transfer of the Escrow Funds, the School shall immediately refund the Escrow Funds plus any accrued interest to the City. 6. The School shall immediately forward to the City any Cash Payments received liom Companies. CONDITIONS PRECEDENT TO TRANSFER OF ESCROW FUNDS 2001: The following conditions precedent must be satisfied on or before January 15, The School shall have entered into enforceable agreements with the Companies for the Cash Payments ("Agreements for Cash Payment"), in which the payment obligation to the School under such agreements, and any payments received by the School pursuant thereto ("Freeport Payment"), collectively equal or exceed One Million Two Hundred Filly- Three Thousand Eight Hundred Five Dollars ($1,253,805). The School shall have executed and delivered to the City, an assignment of each Agreement for Cash Payment in the form attached hereto as Exhibit "A", (collectively referred to as the "Assignments"), each duly executed by the School. The School shall have delivered to the City a copy of each executed Agreement for Cash Payment and accounted for any payments made thereunder. The School shall take timely action in accordance with TEX. CONST. art. VIII § l-j(b) and TEX. PROP. CODE §11.251 to exempt Freeport Goods beginning tax year 2000, and such action shall be effective beginning January 1, 2000. The Dallas Central Appraisal District shall have recognized the action of the School to exempt Freeport Goods beginning tax year 2000. 8. Nothing in the Economic Development Incentive Agreement, this Assignment, or any action by the School shall constitute or create an assumption of liability by the School of any of Company's obligation to pay City in accordance with the terms of the Agreement for Cash Payment in Lieu of Freeport Taxes. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 3 33001 TERMINATION 9. In the event the School breaches any of the terms and conditions of this Agreement, then the City shall give the School written notice of such breach, and if the School has not cured the breach within thirty (30) days after receipt of such notice, this Agreement may be terminated by the City by written notice to the School. The School's obligation to repay the Escrow Funds shall survive termination of this Agreement. 10. This Agreement may be terminated by mutual written agreement o f the parties. REPAYMENT OF ESCROW FUNDS 11. In the event the School breaches any of the tenas and conditions of this Agreement, then the School after expiration of the notice and cure periods provided above, shall immediately retired to the City the entirety of the Escrow Funds provided by the City plus any accrued interest thereon; and the City shall immediately refund to the School any Cash Payments received by City less of reasonable attorneys fees and costs of court incurred in the collection thereof. In the event the City breaches any of the terms and conditions of this Agreement, School shall avail itself of any legally acceptable remedy to the extent possible under Texas law including reasonable attorneys fees and cost of court as provided by law. REPRESENTATIONS AND COVENANTS 12. Each party represents and covenants that: (i) it has the authority to enter into this Agreement and to consummate the transactions contemplated thereby; and (ii) it has no current actual knowledge of any condition, including governmental reguhtions that would materially adversely affect such party's authority to enter into this Agreement and to consummate the transactions contemplated thereby. MISCELLANEOUS 13. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by: (D personal delivery; (ii) courier; (iii) facsimile transmission ;or (iv) United States mail, postage prepaid, registered or certified mail, return receipt requested addressed to the party at its address set forth on the signature page of this Agreement or to such other person or address designated in writing by the applicable party 14. Governina Law. This Agreement is governed by the laws of the state ofTeras; and the parties agree that exclusive venue for any action shall he in Dallas County, Texas. 15. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter covered herein. 16. Modifications. This Agreement may only be amended by a written agreement executed by both parties. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 4 33001 17. Assignment. This Agreement may not be assigned by either party without the express written consent of the other party. 18. Recitals. The recitals to this Agreement are incorporated herein. 19. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid or unenforeeable in any respect, such invalidity or unenforceability shall not affect the other provisions, and it is the intention of the parties that in lieu of any provision that is found invalid or unenforeeabte, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar as possible to the provision found to be invalid or unenforceable. 20. Counteroarts. This Agreement may be executed in counterparts each of which shall be deemed an original and constitute one and the same instrument. 21. The parties to this Agreement state that neither is aware of any statute, constitutional provision, case law, opinion of the Texas Attorney General, or pending or threatened litigation which materially adversely affects the authority of either party to enter into this Agreement, the Assignments, the Agreements for Cash Payments, or to consummate any of the transactions contemplated thereby. EXECUTED on this day of ,2000. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 5 33om EXECUTED on this ~'~ day of QJ_Lt c~L/St ,2000. COPPELL INDEPENDENT SCHOOL DISTRICT PRESIDENT, BOARD OF TRUSTEES Title: ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 6 33001 EXHIBIT "A" STATE OF TEXAS § COUNTY OF DALLAS § ASSIGNMENT This Assignment is executed effective as of the day of 2000, by the Coppell Independent School District ("School") for the benefit of the City of Coppell, Texas ("City"). RECITALS: WHEREAS, the City and School entered into that certain Economic Development Agreement dated the __ day of , 2000 ("Economic Development Agreement") pursuant to which the City agreed to provide an economic development grant ("Escrow Funds") to temporarily fund certain cash payments to be paid the School ("Cash Payments") by private companies and businesses ("Companies") if the School takes action to exempt personal property defined as freeport goods under TEX. CONST. art. VIII, §l-j(b) ("Freeport Goods") from ad valorem taxation beginning tax year 2000; and WHEREAS, the School and ("Company"), have entered into that certain Agreement dated the day of 2000, ("Agreement for Cash Payment") pursuant to which Company has agreed to make a cash payment to the School, provided the School takes action to exempt Freeport Goods from ad valorem taxation beginning tax year 2000; and WHEREAS, this Assignment is being executed and delivered to the City pursuant to the Economic Development Agreement; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, School does hereby TRANSFER, ASSIGN AND DELIVER unto the City, all of School's rights, interests, and benefits to receive and collect the Cash Payments under the Agreement for Cash Payment. 1. The School represents and warrants to the City that School has delivered to City a true and complete copy of the Agreement for Cash Payment and that the School's interests in the Agreement for Cash Payments has not been previously assigned or conveyed, and is not subject to any claim, setoff, or encumbrance. 2. Neither this Assignment nor any action by City shah constitute an assumption by City of any of the School' s obligations under the Agreement for Cash Payment, and the School shall continue to be liable and responsible for all its obligations thereunder. 3. Nothing in the Economic Development Incentive Agreement, this Assignment, or any action by School shall constitute or create an assumption of liability by School of any of ASSIGNMENT ~ Page 1 33003 Company's obligations to pay City in accordance with the terms of the Agreement for Cash Payment in Lieu of Freeport Taxes. 4. After the effective date hereof, Company shall make the Cash Payments to the City pursuant to the Agreement for Cash Payment in Lieu of Freeport Taxes at 255 Parkway Boulevard, P.O. Box 478, Coppell, Texas 75019, Attn.: City Manager. EXECUTED as of this day of 2000. COPPELL INDEPENDENT SCHOOL DISTRICT By: Name: Title: ASSIGNMENT - Page 2 33003 ~~~ITY COUNCIL MEETING: September 12 2000 ITEM ITEM CAPTION: Consider approval of an Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and use of Middle School tennis courts with the Coppea Independent School District, and authorize the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS:~\~ DIR. INITIALS: Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW:(~ +\-BID $ CITY MANAGER REVIEW: Document Name: !CISD THE STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT FOR JOINT USE OF PROPERTY, CONSTRUCTION OF FACILITIES, AND USE THEREOF referred to as "C~"),acting by and through its Mayor or designee, and the COPPELL INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as "CISD"), acting by and through its Board of Trustees, President or designee. WITNESSETH: WHEREAS, the Texas State Legislature has authorized the use of interlocal cooperation agreements between and among governmental entities; and WHEREAS, this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, and as otherwise provided herein, relative to the joint authorization by CITY and CISD to use various properties jointly for the purpose of providing recreational opportunities for all residents of the City of Coppell. WHEREAS, the governing bodies finds that the performance of this agreement is in the common public interest of both parties, and that the services provided by each party (the Maintenance, Improvements of the grounds used) fairly compensates for the use of the facilities and property identified in Exhibit "A" copies of which are attached hereto and incorporated herein for all purposes; and WHEREAS, the parties, in expending funds in the performance of the governmental functions or in performing such governmental functions under this Agreement, shall make payments therefore only from current revenues legally available to such party; and WHEREAS, CITY and CISD agree that the properties and facilities identified on Exhibit "A" shall be used for the purpose of providing recreational opportunities for the citizens of Coppell, for joint use by CITY and CISD, with CITY and CISD having equal use as set out herein; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof- Page I 30934 C, A, D, AGREEMENT The CITY and CISD agree, under the terms and conditions provided herein, to permit for joint use of its respective properties and facilities, identified as set forth in Exhibit "A", which are attached hereto and incorporated heroin by reference, for athletic and sports events for the mutual benefit of the parties. Notwithstanding anything heroin to the contrary, a material part of the consideration to the CITY and CISD for entering into this Agreement is the commitment by CISD and CITY to allow each party to utilize the facilities of the other party for youth and adult sport programs, as described in Exhibit "A", which is attached hemto and incorporated herein by reference. Them shall be no additional cost to the CITY or CISD except that the CITY shall be responsible for all lighting system maintenance costs including replacement bulbs and CISD will be responsible for all cost associated with electric utilities associated with the subject facilities covered by this Agreement for sports programs, in accordance with the terms of this Agreement, except as may be otherwise provided herein. Also, CITY and CISD shall be responsible for the maintaining of each of the facilities under their respective custody and control free of litter, trash, overgrowth, or any other natural or manmade conditions which would diminish the quality of property or impair its public purpose. II. CITY USE OF CISD FACILITIES The CISD shall post at the beginning of each trimester any known dates the courts will not be available for general public use after 5 p.m. on school days and all weekends. The City shall have access to the facilities as identified on Exhibit "A" after 5 p.m. each school day and on weekends. CISD shall have priority use of the facilities after 5 p.m. and on weekends even if the events are not included in the trimester notice as outlined in II.A. above by notifying the Director of Parks and Leisure Services. The CITY shall be responsible for the costs of maintenance of the court lighting system maintenance (including bulbs) appurtenant to those facilities that are being used and are otherwise responsible for keeping the premises in a clean condition free of accumulation of dirt, rubbish, and obstructions so as to prohibit or impede the use of the facilities for their intended purpose; under no circumstances shall this Agreement be construed to include school playground equipment or areas including such equipment. The CISD and the CITY will alternately fund periodic replacement of nets and wind screens as needed. Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof- Page 2 30934 The CITY shall take the premises on an as-is condition on the date of execution of this Agreement. The CISD shall have the sole duty and responsibility for repair of any permanent improvements owned by CISD such as fencing, net posts, or other permanent structural improvements on the property depicted in Exhibit A. The CITY shall be permitted to make, at its own expense, alterations and additions to any of the premises listed on Exhibit A consistent with the programs offered by it upon prior written consent of CISD, and shall bear the cost of maintenance of such improvements and are subject to the provisions of Section 1I.I. The CITY shall remove any improvements or alterations upon termination of this Agreement if requested in writing by the CISD. Upon termination the CITY, at its sole expense, shall bear the cost of removal of any alterations or improvements owned by the CITY to CISD property. Any addition or improvement to any of the premises set forth in Exhibit "A" if not removed shall, upon termination of this Agreement, belong to and become the property of the CISD without cost to the CISD. Nothing shall be removed which shall affect the structural integrity of any building or structure. Scheduled usage of the property and facilities on Exhibit "A" shall be limited to practices and sporting events of organization(s) sponsored by the Coppell Sports Council. The organization using the CISD property or facility shall be responsible for providing adequate supervision of the activity or activities taking place on the property. Organizations using CISD property or facilities pursuant to the terms of this Agreement shall comply with all State, federal, and local laws. III. GENERAL REQUIREMENTS APPLICABLE TO CISD AND CITY The following subparagraphs shall apply to the CITY' s use of CISD facilities and CISD's use of CITY facilities: (1) IMMLrNITY: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor CISD waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. (2) INSURANCE: During the term of this Agreement, and any extensions thereof, CITY agrees to obtain and maintain, at its sole expense, general liability insurance naming CISD as an additional insured to protect against potential claims arising out of the CITY's use of CISD property and facilities designated on Exhibit "A" attached hereto. The CITY shall furnish CISD with certificates of insurance in accordance with this Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof- Page 3 30934 Paragraph within sixty (60) days from the date of execution of this Agreement. Nothing contained herein shall be construed to grant any third party rights or waive the governmental and/or public purpose of the operation or use of any of the facilities named in this Agreement as Exhibits "A". CISD may have insurance for liability, if permitted by State law. THIRD PARTIES: This Agreement does not create any third-party beneficiaries. Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to create, expand or form a basis for liability to any third party under any theory of law against either the CITY or CISD unless such a basis exists independent of this Agreement under State or federal law. NOTICE: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the appropriate one of the following addresses as may be designated by the appropriate party; however, each party has a fight to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to CISD: Wilbum O. EchoIs, Jr., Superintendent Coppell Independent School District 200 S. Denton Tap Road Coppell, Texas 75019 If to CITY: Jim Witt, City Manager City of Coppell 255 Parkway Boulevard P.O. Box 478 Coppell, Texas 75019 MANAGEMENT AUTHORITY During the term of this Agreement, and any extensions thereof, CITY agrees to provide adequate police and fire protection and other necessary emergency services for the subject facilities at all times, and shall especially guard the property from abuse through vandalism or wanton destruction. The CITY and CISD agree that during the exercise of rights under this Agreement, occupancy shall be exclusive to the parties. Each party shall have the right to remove and/or control occupancy of each other's premises as to third parties or the general public. The CITY shall perform and exercise all fights, duties and functions and services in compliance with all applicable Federal, State and local laws and regulations. The CITY in joint Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof - Page 4 30934 cooperation with CISD may establish necessary roles and regulations as may be required to ensure the safe and orderly operation of recreational programs and the subject facilities, provided that any such roles and regulations do not conflict with CITY or CISD policy or state and federal law. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of the subject facilities and property. It is expressly understood and agreed that in the execution of this contract, neither CITY nor CISD waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. TERM: The term of this Agreement shall be for a period of 1 (one) year commencing on the date first written above, and shall thereafter be automatically renewed from year to year unless terminated sooner by either party in accordance with the terms herein. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. SEVERABILITY: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. AUTHORITY: The undersigned officers and/or agents are authorized to execute this contract on behalf of the partied hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. CITY/CISD shall promptly report to CISD/CITY any defects or dangerous conditions it discovers on or concerning CISD/CITY property, and shall cease any such use until such defect or condition is repaired or cured, provided CISD/CITY shall have not have an obligation to repair or cure any such defect of condition. IV. TERMINATION Any party may terminate this Agreement with or without cause, by giving 1 (one) year prior written notice of the date of termination to the other party. This Agreement may be terminated in whole or in part and will apply only to the properties so identified in the notice of termination. Upon termination, all permanent improvements and personal property shall remain the property of the party originally constructing or otherwise paying Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof- Page 5 30934 for the same. Removal of personal property or improvements shall be subject to Article II (I) and (J) herein. In the event the Board of Trustees of the CISD determines, during the term of this Agreement, that it is in the best interest of the CISD to sell or construct improvements upon all or any part of the CISD's property designated on Exhibit "A", the terms of this Agreement shall automatically terminate as to the particular property(ies) so stated on the CISD's written notice to the CITY of the CISD's intent to sell/construct improvements on the property. The effective date of termination of the Agreement as to the property(ies) stated on the notice shall be the date six (6) months from the date of the CISD's written notice to the CITY. REMEDIES No fight or remedy granted or reserved to the parties is exclusive of any other right or remedy heroin by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either patty shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. VI. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; any venue for any action shall be in State District Court of Dallas County. VII. SUCCESSORS AND ASSIGNS This Agreement is binding on and inures to the benefit of the successors, executors, administrators and assigns of the parties to this Agreement and affects the use of land and shall mn with the land. Neither CITY nor CISD will assign, sublet, subcontract or transfer agreement without the written consent of the other party. No assignment delegation of duties or subcontract under this contract will be effective without the prior written consent of the other party. VIII. RECITALS AND ATTACHMENTS The recitals and attachments to this Agreement are incorporated heroin for all purposes as if set out herein verbatim. Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof - Page 6 30934 WITNESS: IX. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. Executed between the parties on the date first written above. COPPELL INDEPENDENT SCHOOL DISTRICT B y: Deena Reeve, President, Board of Trustees ATTEST: CITY OF COPPELL, TEXAS By: By: Libby Ball Candy Sheehan City Secretary Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: By: Robert E. Luna, Attorney for Coppell CISD By: Robert E. Hager, City Attomey THE STATE OF TEXAS § COUNTY OF DALLAS § CISD Acknowledgment the person whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed same for and as the act and deed of COPPELL INDEPENDENT SCHOOL DISTRICT, a duly authorized Texas entity, with its executive office located in Dallas County, Texas, and as the representative thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Interlocal Cooperation A~eement for Joint Use of Property, Construction of Facilities, and Use Thereof - Page 7 30934 My Commission Expires Publi~ In a . NOTARY PUBLIC The State of Texas Notary's Printed Name Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof- Page 8 30934 THE STATE OF TEXAS § COUNTY OF DALLAS § City Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Candy Sheehan known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the City of Coppell, a municipal corporation of Dallas County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2000. day of My Commission Expires Notary Public In and For The State of Texas Notary' s Printed Name Interlocal Cooperation Agreement for Joint Use of Propeny, Construction of Facilities, and Use Thereof - Page 9 30934 EXHIBIT "A" 1. CISD FACILITIES: The City of Coppell Leisure Services Department will be responsible for the following athletic sites, and facility electric lighting system maintenance and improvements: Site 1. Site 2. Site 3. Coppell Middle School West Tennis Facility Coppell Middle School East Tennis Facility Coppell Middle School North Tennis Facility Interlocal Cooperation Agreement for Joint Use of Property, Construction of Facilities, and Use Thereof- Page 10 30934 T H ! · C I T Y · 0 F COPFELL AGENDA REQUEST FORM ~ ,~' ~ ~C1TY COUNCIL MEETING:^ , September 12, 2000 ITEM # ~ 7 CITY MANAGER'S REPORT A. Update on City Water Supply System. CITY MANAGER'S REVIEW: COPFELL AGENDA REQUEST FORM ~~tC1TY COUNCIL MEETING: September 12, 2000 ITEM # ,~8 MAYOR AND COUNCIL REPORTS b. C. D. E. Report by Mayor Sheehan regarding Local Election Process. Report by Mayor Sheehan regarding Texas Municipal League Region 13 Meetin8. Report by Mayor Sheehan regarding Constitution Week. Report by Councilmember Tunnell regarding Impact Fee Legislation. Report by Councilmember Tunnell regarding the importance of Design/Build Legislation. Report by Councilmember Stover regarding Joint Session with the Coppell Economic Development Committee to review Economic Development Policies. Report by Councilmember York regarding the City's Web page being honored with the Savvy Award by the City, County, Communications and Marketing Association (3CMA). CITY MANAGER'S REVIEW: