CP 2000-10-10NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 10, 2000
CANDY SHEEHAN,
Mayor
LARRY WHEELER,
Mayor Pro Tem
GREG GARCIA,
JAYNE PETERS,
VACANT,
Place 1
Place 2
Place 3
MARSHA TUNNELL,
DOUG STOVER,
BILL YORK,
JIM WITT, City Manager
Place 6
Place 4
Place 5
Place 7
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.
Library Meeting Room
Library Board Room
Library Meeting Room
Library Meeting Room
(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, October 10, 2000, at 6:00 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:30 p.m., to be held at the William T. Cozby Public Library,
177 N. Heartz, Coppell, Texas.
As authorized by Section 551.O71(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
1. Call to order.
(Open to the Public)
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.071 (1) and (2), Texas Government Code - Consultation
with City Attorney.
1. Sowell vs. City of Coppell.
2. Consultation regarding lease/license on property at the
"Baptist Foundation" property located on Bethel Road between
Park Road and Coppell Road.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Purchase of public land generally west of Coppell Road and
north of Bethel Road.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Discussion regarding Traffic at Beltline and
Centers.
Utilization of Athletic Fields in City Parks.
C. Park Land Acquisition.
D. Board Orientation Agenda.
E. Discussion of Agenda Items.
MacArthur Shopping
REGULAR SESSION
(Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
Consider the appointment of Rene' Lawson to the Parks and Recreation
Board and Jack Leathers to the Telecommunications Board.
Swearing in of Board/Commission/Committee appointees who have not
been sworn in.
Consider approval of a Proclamation naming the week of October 23
through October 31, 2000 as RED RIBBON WEEK, and authorizing the
Mayor to sign.
m
Presentation of award of appreciation to ICGIobal for development of City's
Web site.
10. Citizen's Appearances.
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ITEM # ITEM DESCRIPTION
CI ~'~.5~ 11.
12.
13.
14.
15.
16.
17.
18.
Consider approval of minutes: September 26, 2000.
Consider approval of an Ordinance for Case No. ZC-603 (CH), zoning
change from LI (Light Industrial) to HC (Highway Commercial) on
approximately 8.8 acres of property located at the southeast corner of S.H.
121 and Denton Tap Road.
PUBLIC HEARING:
Consider approval of Case No. PD-91R-SF-7, Northlake Woodlands East,
Phase II, Lot 2, Block 10, zoning change request for property zoned PD-91-
SF-7 (Planned Development-91, Single Family-7), to allow for the
construction of a second-story addition with less than 80% masonry
located at 723 Swallow Drive.
PUBLIC HEARING:
Consider approval of the Riverchase Estates, Lot 11, Block B, Replat, to
allow the replatting of the 25' front yard building line along Old York Road
to a 15' side yard on the property located at 1313 Stonecrest Drive.
PUBLIC HEARING:
Consider approval of Case No. PD-189, Hooptown, zoning change request
from LI (Light Industrial) to PD-189il (Planned Development-189-Light
Industrial), to allow the construction of an indoor basketball/recreation
facility on approximately 17.063 acres of property located along the north
side of Belt Line Road, east of the intersection of Belt Line and Denton Tap
Roads.
Consider approval of the Hooptown, Lots i & 2, Block A, Preliminary Plat,
to allow the development of an indoor basketball/recreation facility on
approximately 17.063 acres of property located along the north side of
Belt line Road, east of the intersection of Belt Line and Denton Tap Roads.
Consider providing that the Planning and Zoning Commission be the
authority responsible for the approval of the Final Plat for Hooptown, Lots 1
& 2, Block A, to allow the development of an indoor basketball/recreation
facility on approximately 17.063 acres of property located along the north
side of Belt line Road, east of the intersection of Belt Line and Denton Tap
Roads.
PUBLIC HEARING:
Consider approval of Case No. S-1180, Wings To Go, zoning change
request from TC (Town Center) to TC-S.U.P (Town Center, Special Use
Permit), to allow the operation of a 1,440 square foot restaurant and
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ITEM # ITEM DESCRIPTION
19.
20.
21.
22.
23.
24.
private club to be located in Suite 230 of the Town Center Shopping Center
at 106 N. Denton Tap Road.
PUBLIC HEARING:
Consider approval of the Northlake Business Center, Phase I, Replat and
Site Plan, to allow a parking lot on 1.37 acres of property located along the
west side of North Lake Drive; north of Belt Line Road.
PUBLIC HEARING:
Consider approval of the Park West Commerce Center, Site Plan
Amendment and Replat of Lots i & 3, Block 7, to amend the existing Site
Plan to construct two office/warehouse buildings and revise the parking
and landscaping on approximately 11.62 acres of property located at the
northeast corner of Enterprise and Wrangler Drive.
CONTINUATION OF 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.
CONTINUATION OF 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.
PUBLIC HEARING:
Consider approval of Case No. PD-171R-HC, Verizon Communications
(GTE), zoning change request for property zoned PD-171-HC (Planned
Development-171-Highway Commercial), to allow a revision to the
approved signage on approximately 35.6 acres of property located at 750
Canyon Drive.
Consider approval of the Everybody Fits, Site Plan, to amend the existing
Site Plan to construct an indoor sports/recreation center located on
approximately 3.4 acres of property on North Texas Court, west of N.
Denton Tap Road.
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ITEM # ITEM DESCRIPTION
25.
27.
28.
29.
I 5
30.
31.
32.
Consider approval of the Canterbury Court, Preliminary Plat, to allow the
development of single-family homes on approximately 6.373 acres of
property located at the northeast corner of DeForest Road and MacArthur
Bou)evard.
Consider approval of the Creekview 2, Lot 3, Block B, Site Plan, to allow the
development of an office building on approximately 1.95 acres of property
located along the east side of S. Denton Tap Road; south of Bethel Road.
Consider approval of the Coppell Center for the Arts, Site Plan
Amendment, to provide two additional disabled parking spaces and air
conditioning unit on i acre of property located at 157 S. Moore Road;
south of Sandy Lake.
Consider approval of amending and restating the Tax Abatement
Agreement between the City of Coppell and Prentiss Properties Acquisition
Partners, L.R dated December 8, 1998, and authorizing the Mayor to sign.
Consider approval of amending and restating the Tax Abatement
Agreement between the City of Coppell, Prentiss Properties Acquisition
Partners, L.R and International Business Machines dated December 8,
1998, and authorizing the Mayor to sign.
Necessary action resulting from Work Session.
City Manager's Report.
A. Sports Field Utilization.
Mayor and Council Reports.
B.
C.
D.
E.
Report by Mayor Sheehan regarding Coppell Youth Leadership.
Report by Mayor Sheehan regarding Metroplex Mayors' Association.
Report by Mayor Sheehan regarding TML Regional Meeting.
Report by Mayor Sheehan regarding Moonlight Walk.
Report by Mayor Sheehan regarding City Council Work Session -
October 17.
Report by Mayor Sheehan regarding the Homecoming Parade.
33. Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
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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 OR THE CITY
SECRETARY DEPARTMENT AT TOWN CENTER.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans
With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities
who require special services (i.e. sign interpretative services, alternative
audio/visual devices, and amanuenses) for participation in or access to the City
of Coppell sponsored public programs, services and/or meetings, the City
requests that individuals make requests for these services forty*eight (48) hours
ahead of the scheduled program, service and/or meeting. To make
arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated
official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political
meeting in the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
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Page 6 of 6
COPFELL AGENDA REQUEST FORM
~CITY COUNCIL lVIEETING: October 10, 2000 ITEM # E~
EXECUTIVE SESSION
Section 551.071 (1) and (2), Texas Government Code - Consultation with City Attorney.
1. Sowell vs. City of Coppell.
2. Consultation regarding lease/license on property at the "Baptist Foundation"
property located on Bethel Road between Park Road and Coppell Road.
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
1. Purchase of public land generally west of Coppell Road and north of Bethel
Road.
SUBMITTED BY: Jim Witt
TITLE: City Manager
INITIALS
T H E · C I T Y · 0 F
COPPELL AGENDA REQUEST FORM
~C1TY COUNCIL MEETING: October 10, 2000 ITEM # ~]5 -,~
WORK SESSION
B.
C.
D.
e.
Discussion regarding Traffic at Beltline and MacArthur Shopping Centers.
Utilization of Athletic Fields in City Parks.
Park Land Acquisition
Board Orientation Agenda.
Discussion of Agenda Items.
CITY MANAGERS REVIEW:
MEMORANDUM
Date:
To:
From:
Subject:
October 5, 2000
Mayor and City Council
Jim Witt, City Manage~
Board and Commissi~
Meetin~
In a recent Staff Meeting, we prepared the following suggestions regarding your upcoming Board
and Commission Meeting on October 28.
General Topics
2.
3.
4.
5.
Open Meetings Law;
Code of Conduct;
Required attendance;
Meeting demeanor; and
Role of citizen advisory boards in the City of Coppell's vision planning.
Specific Breakout Tonics
Agenda preparation;
Staff preparation and assistance; and
Relationship of advisory boards to Council's actions.
At our retreat, we discussed having specific Councilmembers break out with individual boards to
explain the Council's vision for the community, and to answer any questions about Council/
Board relationships. Since the meeting will be at the Library, the room should be large enough
for groups to break out into individual portions of the large meeting and, if possible, utilize some
of the conference room without it being accessed by the public.
These suggestions are strictly ideas that have come up from the staff, and will assist you on
Tuesday with preparing a specific agenda for the upcoming meeting.
JW:kb
T H E · C I T Y · 0
COFFELL AGENDA REQUEST FORM
~CITY COUNCIL MEETING: October 10, 2000 ITEM #
ITEM CAPTION:
Consider appointing Rene'
Telecommunications Board.
Lawso~
to the Parks and
Recreation Board and Jack Leathers to the
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $
FINANCL~L COMbatanTS: 9\~'
DIR. INITIALS: FIN. REVIEW~
Agenda Request Form - Revised 5/00
+\-BID $
COFFELL AGENDA REQUEST FORM
~CITY COUNCIL MEETING: October 10, 2000 ITEM # 7
ITEM CAPTION:
Swearing in of Board/Commission/Committee appointees who have not been sworn in.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:~,X~
DIR. INITIALS:
Agenda Request Form - Revised 5/00
AMT. EST. $
+X-BID $
CITY MANAGER REVIEW:
Document Name: %5weafin. doc
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CITY COUNCIL MEETING: October I0, 2000 ITEM # q
ITEM CAPTION: Presentation of award of appreciation to ICGlobal for development of City's Web site.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:~\~
DIR. INITIALS:
Agenda Request Form - Revised 5/00
AiVIT. EST. $
FIN. REVIEW'~
+X-BID $
CITY MANAGER REVIE~
Document Name: !ICG
"~ H lIE · C I T Y · 0 ttr
COFFELL FOnt
~ O~o~ 10, 2000 ITEM ~ /~
C~ CO~CI ~ET~G:~ ~
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT 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-I0-6.2.1 Subjects Not Appearing on the Agenda
Persons wishing to speak on any matter other than an item scheduled for a public heating on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations
by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual
speakers 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 26, 2000 ITEM
ITEMCAPTION:
Consider approval of minutes:
September26,2000.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
+\-BLD $
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: %minutes
MINUTES OF SEPTEMBER 26, 2000
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 26, 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
Marsha Tunnell, Councilmember
Bill York, Councilmember
· ' . ~LZ "~"""'~"' were City
REGULAR SESSION
(Ope~i!~o the Publi;~..~!,Z
i , .........
irder ~d adjourned '~o Executive
,!a .: !::~i;(Closed to the Public)
ConYerie ~cut. i~..Se~bn
A. section 55'~:~,l.,:~xas Government Code- Consultation
· ~ilth i'~ty
. :Zi. ~'~we~ v. City of Coppea
:' 7~enton Tap Limited Partners Threatened Litigation.
3. Vistas of Coppell Setbacks.
.~0r Sheehan convened into Executive Session at 6:14 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
6:30 p.m. and opened the Work Session·
CM09262000
Page 1 of 8
WORK SESSION
IOpen to the Public)
Convene Work Session
A. Discussion regarding "Old Town."
B. Discussion regarding Site Plan Review.
C. Discussion of Agenda Items.
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN
ATRIUM FROM 5:30 PM TO 7:30 PM.
REGULAR SESSION
(Open to the
4. Invocation.
Dr. Larry Parsley of Valley Ranch Baptist
invocation.
~sent in the
5. Pledge of Allege.
BOb Kruse; Fire!TChief.
Proclama~i0p nam,.i~g the week of October 8 ~rough 14, 2000 as Fire
~evenfion..~eek and authorizing the Mayor to sign. Councilmember Peters
secondg~'fhe motion; the motion carried 5-0 with Mayor Pro Tem Wheeler ~d
Cod~members Garcia, Peters, Tunnell, ~d York vo~ng in favor of the
naming the week of
Prevention Week, and
la~ation for the record and presented the same to
Councilmember Tunnell moved to approve a
Swearing in of new members to the City's Boards, Commissions
and Committees.
Mayor Sheehan swore in the new members of the Boards and Commission who
were present.
CM09262000
Page 2 of 8
8. Report by Keep Coppell Beautiful Committee.
Steve Mobley, outgoing Chairman of the Keep Coppell Beautiful Committee,
made the Committees report reviewing the committees recent and upcoming
activities.
9. Citizen's Appearances.
There was no one signed up to speak under this item.
10. Consider approval of the following consent agenda i~
Consider approval of minutes: September: ~:000.
'::::".:L"' '?" !::"'~
between North Central..~xas C~ncll..of Governments and
the City of Coppell; a~!~lutho~ Mana~ to sign,
~!et~.':~"'~et~'beri~/'~; H~ey Meters - meter series
t0s06 ";:"" an~:~ipe- meter series ~0500
Parking, Se~n 823'- l(A) of the Code of Ordinances for the
~ity '. .o.~Cop~' '[0 prohibit parking, stopping or standing on
scho01 '.days between 7:00 a.m. and 9:00 a.m. and between
~-:00 p.m. and 4:00 p.m. on the south side of Oakwood
Lane from Redwood Drive to Driftwood Drive; and
authorizing the Mayor to sign.
Consider approval of an ordinance amending the Code of
Ordinances Chapter 8, Article 1, Section 4 to lengthen the
existing school zone on MacArthur Blvd. for Lakeside
Elementary School and establish the maximum prima facie
speed limit for the amended school zone on MacArthur
Blvd.; and authorizing the Mayor to sign.
CM09262000
Page 3 of 8
Consider approval of a contract for the installation of
lighting at three middle school tennis facilities to Groves
Electric in the amount of $69,190.00, and authorizing
the City Manager to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B,
C, D carrying Ordinance No. 2000-924, E carrying Ordinance No.
2000-925 and F. Mayor Pro Tem Wheeler seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Wheeler and Councilmembers
Garcia, Peters, Tunnell and York voting in favor of the motion.
· .. :.!' ."!~!i:;:;:
the bu~et fo~ Fiscal Year October ~,:)~~ou~Z]September
30, 2000, and authorizing the. Mayo y "sign. ('
Presentation: ..~:.[%.:S,~L~;~:]..::·';; ..
:: '.. ~. f ~ , ::~ ·
.. :. ......,.,:..:..
::~a:a~ CouncilmemS~r Y~=' mo~'?"6";~';~pr~:' Ordinance No. 2000-926
::L]: appr0~ing ~.:~:~mcnt .~;'Ordi~e 'No. 99896 and the budget for
~ Fiscal :YcafY:":je~'~r 1, f~999 [~0ugh September 30, 2000, and
:':::::author~ng. :~e M~r t0::.i'~n. Councilmember Peters seconded ~e
'~:~:~;:~:motio~.::the::~oti6~:f~;~a~i~d 5-0 wire Mayor ~o Tern Wheeler ~d
.;:::.;CounCilmembers G~, Peters, ~nnell and York voting in favor of the
i~;:~:~:?~nsider approval of awarding Bid No. Q-0800-03 in the
amount of $171,540.00 as budgeted for the Councfi Chamber
Renoution to Keck & Co., and authorizing the City Manager to
sign.
Presentation:
Jim Witt, City Manager, made a presentation to Council.
CM09262000
Page 4 of 8
Action:
Councilmember York moved to approve awarding Bid No. Q-0800-03 in
the amount of $171,540.00 as budgeted for the Council Chamber
Renovation to Keck & Co., and authorizing the City Manager to sign.
Councilmember Garcia seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell
and York voting in favor of the motion.
13. Consider approval of City's benefits pacle~ge renewals including
Long-Term disability coverage; Life Insurance; and sel~funded
medical and dental plans as provided for in the~l year
2001 budget and authorizing the City Man~::'!~!::i:(St2n and
implement contracts.
Presentation: ;: !=.~.~ ~= =~.l.~:-:
Jim Witt, City Manager, made .ajl~resenta~.~i to Council. "'
Issues Discussed: ,..' :..,~ .:~-. 1!
:-~:::;i~ffe~t';to th~!U~i~;'~m~l~yees:;.~t~".~:~ suggested insurance plan.
rcncW~ in6l~din~.'~ng-T~m disabili~ coverage; Life Insurance; ~d
self-fUnded mcdical:.;~d d'ental plans as provided for in the fiscal ye~
d~':: 2001' .b~dgef:'~:and a~5orizing the Ci~ Manager to sign and implement
~:~::~ contacts. ~:Cbuncilmember Garcia seconded the motion; the motion
s-0. i h Mayor Pro Tern Wheeler and Councilmembers G cia,
~:[~'i]~ :~:: in~, ~nnell ~d York voting in favor of the motion.
14. Conside~ approval of an o~nance affect~g participation of
City employees in the Te~s Municipal Retirement System
2ranting the additional fights authorized by Section
of the Title 8, Te~s ~vernment Code, as amended, and
prescribing the effective ~te for the ordnance, and
authorizing the Mayor to si2n.
CM09262000
Page 5 of 8
Presentation:
Jim Witt, City Manager, made a presentation to Council.
Action:
Councilmember Peters moved to approve Ordinance No. 2000-927
affecting participation of City employees in the Texas Municipal
Retirement System granting the additional rights authorized by Section
854.202(g) of the Title 8, Texas Government Code, as amended, and
prescribing the effective date for the ordinance, and authorizing the
Mayor to sign. Councilmember York seconded the motion; th~ motion
carried 5-0 with Mayor Pro Tem Wheeler and Garcia,
Peters, Tunnell and York voting in favor of the motion
15. Consider approval of an Coppell,
Texas, providing authorization to approve,
amend, establish, and ~t to City
personnel as provided in ity ~iand the
Mayor to sign.
':!!5:!ff~:~
Presentat,ou: ;":
to Council.
There, ivas di~cu~ reg~ding why this had not been done when
previous amendments .haiti been done and whether the Council is
currently ir~vOived i~::~rsonnel policy matters.
Action:·
Councilmember York moved to
providing authorization to the
approve Ordinance No. 2000-928
City Manager to approve, amend,
establish, and adopt policies pertaining to City personnel as provided in
the City Charter; and authorizing the Mayor to sign. Councilmember
Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem
Wheeler and Councilmembers Garcia, Peters, Tunnell and York voting in
favor of the motion.
CM09262000
Page 6 of 8
16. City Manager's Report.
A. Update on Wagon Wheel and MacArthur Parks.
Jim Witt, City Manager, updated Council on the progress at Wagon
Wheel and MacArthur Parks.
17.
Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Regional Mobility
2020 Plan - Cottonbelt Railroad.
Abuse Commission.
Report by Mayor Sheehan
Substance Abuse Commission.
Report by Mayor Sheehan regarding Chamber of
Commerce Meeting
De~n County
Mayor Sheehan reported:.;!gn the
Cottonbelt Railroad the
DART
"Mobilit~':!i~p20 Plan --
tl~t they are
includ~:',2non-member
g a.:!~ommittee to
a DART li~' The Mayor
asking that the City of
B. on ~:~'~' Chamber of Commerce meeting
· last Councilmember Garcia for providing the
who spoke on the subject of holding the
~12 in the Metroplex.
C. =,2'i!r.Mayor:'$'heehan reported on the huge success of the Constitution
"": '~/eetl '~vent held at Grapevine Springs Park and thanked the Parks
.!
and Leisure Services Department for all the work they put into
setting up the event.
Mayor Sheehan reported on the Coppell Substance Abuse
Commission and the Shattered Dreams. The Mayor also
announced that Jimmy Span, Coppell High School Principal; Mary
Ann Kellum; and Tracey Newton, Lead Counselor for Family Place
at the Metrocrest Center, were new members to the Commission
and thanked them for their participation.
CM09262000
Page 7 of 8
Mayor Sheehan reported that the Denton County Substance Abuse
Commission had prepared an 800 page Resource Book and they
will be providing a copy of that book to Loft Walker, Victim
Assistance Counselor, in the Coppell Police Department.
WORK SESSION
(Open to the Public)
18. Re-convene Work Session as published, if necessary.
Council reconvened back into Work Session.
REGULAR SESSION
IOpen to the
19. Necessary action resulting from Work
There was no action necessary under this item. !":!: .:~
20. Necessary Action
There was. no action nec~s~
Adjournmeh~.
There being no fui~ther ~inesS. tO come before the City Council, the meeting
was adjourneck ::c~. :
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
CM09262000
Page 8 of 8
~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. ZC-603(CH), zoning change from LI (Light Industrial) to
HC (Highway Commercial) on approximately 8.8 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: N/A
Decision of P&Z Commission: N/A
The Planning & Zoning Commission unanimously (6-0) approved this zoning change on July 20, 2000.
City Council unanimously (6-0) approved this zoning change on September 12, 2000.
Staff recommends approval.
CITY MANAGER REVIEW:
Document Name: @ZC603o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL)
TO HC (HIGHWAY COMMERCIAL) FOR APPROXIMATELY 8.8 ACRES
OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STATE
HIGHWAY 121 AND DENTON TAP ROAD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. ZC-
603(CH) should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the goveming body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from LI (Light Industrial) to HC
(Highway Commemial) for the property described in Exhibit "A" attached hereto and made a part
hereof for all purposes.
36284
SECTION 2. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
2 36284
of
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2000.
APPROVED:
day
CANDY SHEEHAN, MAYOR
ATTEST:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/29/00)
LIBBY BALL, CITY SECRETARY
3 36284
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~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Case No. PD-91R-SF-7, Northlake Woodlands East, Phase II.
Lot 2. Block 10, zoning change request for property zoned PD-91-SF-7 (Planned Development-91, Single
Family-7), to allow for the construction of a second-story additinn with less than 80% masonry located at 723
Swallow Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision ofP&ZCommission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
Nesbit, McGahey, Kittrell,
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: @PDglR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-91R, SF-7
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
723 Swallow Drive
9,250 square foot single family lot
CURRENT ZONING:
PD-91, Single Family-7 (Planned Development-91, Single Family-
7)
REQUEST:
To amend PD-91 to allow for less than 80% masonry for the
addition constructed at 723 Swallow Drive
APPLICANT:
Richard and Kimberly Stacey
723 Swallow Drive
Coppell, Texas 75019
972-393-0164
HISTORY:
TRANSPORTATION:
PD 91 was established in 1981 for single family development.
This area was subsequently platted as Northlake Woodlands East,
Phase 1I.
Swallow Drive is a residential street, built within a 50' right-of-
way.
SURROUNDING LAND USE & ZONING:
North- single family; PD 91
South - single family; PD 91
East - single family; PD 91
West - single family; PD 91
Item # 4
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
single-family development.
DISCUSSION:
This request is to allow for an expansion of the garage by 100 square feet
and to place additional floor space over the expanded garage of this single
family home which is not in compliance with this current masonry
requirement of 80%. Given that this property is zoned a Planned
Development District, the Board of Adjustment has no authority to act on
this variance.
This home was constructed under the provisions of PD 91 and Zoning
Ordinance 204-A-9. These previous ordinances were identical to the
current SF-7 regulations, except that the masonry requirement was not
addressed. It has been the interpretation of the Building Official that when
a PD Ordinance is silent on a specific regulation, the current regulations
are applicable when additions and expansions are constructed. The SF-7
regulations (as well as all residential districts) now require a minimum of
80% masonry.
When this home was built 71% of the exterior was masonry. This
construction was in accordance with the regulations at that time. However,
this addition is proposed to be of non-masonry material. Including this
addition, the percentage of masonry for this home will be 53%. Per the
attached letter from the homeowner, addressed to the Board of
Adjustment, they have made a diligent effort to locate brick that matches
or is similar to the existing brick on their home. Not being able to located
appropriate brick, they opted to place hardy plank material, painted "Town
House Tan" on the addition. This portion of the home is not visible from
Swallow Drive and is only visible from the alley.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to PD 91 for 723 Swallow
Drive to allow for less than 80% masonry.
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.
Item # 4
ATTACHMENTS:
1)
2)
3)
Letter from the home owner to the Board of Adjustment
Site Plan
Elevation
Item# 4
Richard & Kimberly Stacey
723 Swallow Drive
Coppell, TX 75019
July 5, 2000
Board of Adjustmem
City of Coppell
Dear Board of Adjustment,
We built our home here in Coppell on Swallow Drive in June of 1985. We are in the midst of
remodeling our home to include a 2'~ floor above the garage. Due to several unfortunate turns, we
respectfully request a variance to the city code requiring 80% of new homes / remodeled homes to include
80% brick / masonry.
In early February of this year when we began our remodeling we were unaware of the 80% code.
When our Architect, Gary Oliver of Oliver Architectural Construction Company, checked with the city in
the process of obtaining the necessary permits, he learned the requirement. Mr. Oliver reworked the plans
to include brick on the east and west walls of the addition, including bficking the west side of the garage
which was originally siding, and we received our permit, Our home faces north with an alley on the south.
Our contractor, Rich Merrill of Metro Leisure Construction, contacted a local Acme Brick
distributor and was informed they had the brick in stock. Mr. Merrill poured a concrete slab, widening our
garage and set the slab to the correct dimensions to include brick. When the second floor was flamed, it
too was built to include brick.
Mn'. Merrill arranged for the bricklayers to begin work on our home on June 16. The week of June
12, Mr. Merrill contacted the acme distributor about delivery and discovered that they had sold the brick
they had in stock. Additionally, he discovered that our brick, Autumn Blend, had been discontinued
approximately 10 years ago.
Mr. Merrill contacted several other brick distributors, detailed below, searching for Autumn Blend
and found they too were sold out. Although, Acme has since produced another brick with the same name,
it does not match the original Autumn Blend.
We have searched for a brick similar enough as to not detract from our homesI appearance with no
luck. We have also considered stone, but discounted this option for several reasons, no small part of which
is no other homes in our neighborhood have stone.
There are several homes in our neighborhood with 2''d story additions that have been completed
without brick or stone.
In conclusion, we respectfully request a variance that would allow us to complete the construction
of our addition with Hardi-plank instead of brick.
Sincerely,
Richard & Kimberly Stacey
Attachment I - Brick Distributors Contacted
Western Brick Company
1606 N. I35E
Carrollton, TX
Contact: Eric
Phone: (972) 245-4747
Metro Brick Company
15301 Addison Road
Addison, TX
Contact: Don
Phone: (972) 991-4488
Brick Studio (Boral Brick)
1400 N. Broadway
Carrollton, TX
Contact: Don
Phone: (972) 245-1542
Acme Brick
11261 Shady Trail
Dallas. TX
Contact: Dee (salesman), Susan Tabor (manager)
Phone: (972) 241-1000
Landmark Brick
129 N. Murphy Road
Murphy, TX
Contact: Dottie
Phone: (972) 578-8585
Richard & Kimberly Stacey
723 Swallow Drive
Coppall, TX 75019
July 5, 2000
uo!l!pp~ ol ~o.ud/auo~l~ %I'L
uop!pp~ q~!,~ ~CmossIA/
~~~ITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of the Riverchase Estates. Lot 11, Block B. Replat, to allow the
replatting of the 25' front yard building line along Old York Road to a 15' side yard on the property located at
1313 Stonecrest Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Commnnity Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, with no conditions.
Nesbit, McGahey, Kittrell,
Staff recommends approval.
~. ~,: ~av,
Agenda Request Form - Revised 5/00
FIN. REVIEW: ,,~
CITY MANAGER REVIEW:
D tN @RCHS ~~
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: RIVERCHASE ESTATES,
LOT 11, BLOCK B, REPLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
1313 Stonecrest Drive, Coppell, TX
Single-family lot.
CURRENT ZONING: PD-118-SF-9 (Planned Development-ll8, Single Family-9)
REQUEST:
Replat of Lot 11, Block B of Riverchase Estates.
APPLICANT:
HISTORY:
Applicant:
Rodney N. Jackson
1313 Stonecrest Dr.
Coppell, TX 75019
972-745-3289
Engineer:
Analytical Surveys, Inc.
10610 Metric, Suite 156
Dallas, TX 75243
972-272-6287
FAX: 972-272-8407
PD 118 was approved by City Council in 1991 for single family
homes with a minimum lot size of 9,000 square feet and a
miniraum house size of 2,000 square feet. This development
included the extension of Riverchase Drive to provide access to this
subdivision. In 1992 a final plat for 160 single family lots was
approved.
TRANSPORTATION:
Riverchase Drive is a four lane undivided thoroughfare built within
a 70 foot right-of-way.
Item # 9
SURROUNDING LAND USE & ZONING:
North- singe family; PD 118-SF-9
South - singe family; PD 118-SF-9
East - singe family; PD 118-SF-9
West - singe family; PD 118-SF-9
COMPREHENSIVE PLAN:
DISCUSSION:
The Comprehensive Plan shows the property as suitable for
single family development.
The subject property is a corner lot in the Riverchase Estates subdivision,
with the home froriling on Stonecrest Drive. The applicant desires to
construct a pool in the yard adjacent to Old York Drive.
The existing SF-9 regulations typically require a 25-foot front yard and
15-foot side yard, when adjacent to a street. However, when this lot was
platted, it was platted with two front yards, per the provision of Section
32-2 of the Zoning Ordinance which states, "On corner lots, the front yard
setback shall be observed along the frontage of both intersecting streets
(unless shown specifically otherwise on a ~nal plat)."
Within this subdivision, the subject property is the only corner lot which
was platted with two front yards. The approved plat also includes a typical
illustration of corner lots, with 15-foot side yard.
In 1994 a fence permit was issued which reflected the fence along Old
York Road to be located at the property line. However, there was a note
on the application that the fence needed to be setback the required 25 feet.
The wood fence with brick columns was constructed per the illustration
attached to the building permit, which was along this property line.
Therefore, to allow for the constmcf~on of the pool and the retention of the
fence, the yard along Old York Road needs to be designated on the plat as
a side yard.
In sumanary, given that: this is the only lot in this subdivision with two
front yards; the ordinance allows for a designation of a side yard via a
plat; the fence has already been in existence for some tune and there have
been no complaint regarding the location of the fence; and a pool in this
location will have no visual impact on the exisfmg neighborhood, staff is
recommending approval of this request.
Item# 9
~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Case No. PD-189. Hooptown, zoning change request from LI
(Light Industrial) to PD-189-LI (Planned Development-189-Light Industrial), to allow the construction of an
indoor basketball/recreation facility on approximately 17.063 acres of property located along the north side of
Belt Line Road, east of the intersection of Belt Line and Denton Tap Roads.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Nesbit, McGahey, Kittrell,
Approval is recommended, subject to the following conditions:
1)
Provide additional screening toward the rear of the site bet~veen the parking area and the
adjacent residences. City Council must approve the proposed living screen in lieu of a 6'-high
masonry wall. (CONDITION PARTIALLY MET)
2)
Comply with Section 34-2 of the Zoning Ordinance as referenced in the attached memo from
Brad Reid, dated September 14, 2000.
3)
Provide additional landscaping around the proposed building, decreasing the spacing between
the trees, providing additional trees with a larger canopy, and providing additional lower
growing plantings. (CONDITION PARTIALLY MET)
Provide one tree per landscape island; a landscape island serving a double row of parking
requires two t~ees.
5) Shmv proposed monument sign on Landscape Plan. (CONDITION MET)
6)
Show proposed transformer on Landscape Plan and relocate if possible; at a minimum, screen
from vie~v with materials and/or plantings. (CONDITION MET)
7) Revise Landscape Legend to show the proposed Texas Ash and better delineate benveen the
Carolina Buckthorn, Tree Yaupon Hollies, and Eastern Red Cedars. (CONDITION MET)
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the replat of Lot 11 of Block B of the
Riverchase Estates addition to allow for a 15-foot side yard along Old York Road.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1 ) Replat document
Item#9
PD-189. HOOPTOWN
(CONDITIONS CONTINUED)
8)
9)
n)
i3)
14)
P. evise Landscape Table (1. Interior Landscape Required) to show that
48,796 square feet of landscaping is required, and make any necessary
adjustments to the plan. (CONDITION MET)
Remedy inconsistendes bet~veen the landscape plan and the site plan; the
proposed dumpsmr and screen wall is not shown on the landscape plan
and will cause the elimination of a Ucee. (CONDITION MET)
Dumpster screen wall shall be cons~ucted of brick to match main building.
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.
Provide a note on the site plan and floor plan that food service operation
requires a Special Use Permit prior to a certificate of occupancy for that
use.
This use provides one loading area, with approximately three (3) loading
spaces, however in the event that another use occupies this building then
additional loading areas will be required per Section 31-3 of the Zoning
Ordinance.
Hours of operation shall be limited to 6 a.m. - 11 p.m. seven days per
week.
Staff recommends approval.
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-189, HOOPTOWN
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
Along the north side of Beltline Road, approximately 1,200 feet
east of the intersection of Beltline and Denton Tap Roads.
Approximately 17.063 acres of property.
CURRENT ZONING:
u (Light Indastrial)
REQUEST:
PD-189-LI (Planned Development-189, Light Industrial) to construct
a 10 court basketball facility and ancillary uses.
APPLICANT:
Applicant:
Hooptown, LLC
708 S. College St., Ste. 209
McKirmey, Texas 75069
(214) 544-2300
Fax: (214) 544-2302
Engineer:
Stock & Associates
425 N. New Ballas, Ste. 165
St. Lois, Missouri 63141
(314) 432-8100
Fax: (314) 432-8171
HISTORY:
The subject property has not been platted.
TRANSPORTATION:
East Belt Line Road is proposed to be a P6D, 6 lane divided major
thoroughfare built within a 120' wide right-of-way. Construction is
scheduled for fourth quarter this year.
SURROUNDING LAND USE & ZONING:
North- Railroad, CreekviewAddition; "SF-9-PD"
South - North Lake, City of Dallas
East - TXU Electric & Gas Right-of-Way, vacant; "LF Light Indush'ial
West - Vacant, Shake & Shingle; "LF' Light Industrial
Item#6
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses
DISCUSSION:
The requested site plan proposes to construct a 109,000 square foot
basketball/mcmation facility on 17.45 acres of "LF' Light Industrial property,
in a Planned Development. It is estimated that approximately 70% of the
facility will be dedicated to 10 official-sized basketball courts, with another
10% dedicated to a training center with fitness equipment. The remaining
portions of the building will contain aerobic areas, locker rooms, a jogging
track and support staff offices. A concession area is planned as a future use,
which requires separate special use permit approval.
The applicant has also indicated to staff that this facility is the first of its kind
in the United States. According to the applicant, the facility is planned to
offer a basketball shooting school, basketball & volleyball leagues,
chee~eading/dance camps, coaches' camps, and a variety of similar type
activities.
The subject site is attractive to the proposed basketball/recreational user
for the very same masons that it would also be attractive for industrial
users. The property is located on a well-traveled thoroughfare (Belt Line
Road) and is centrally located within the Dallas/Ft. Worth metro area.
While this proposed use was not envisioned for the subject site, it will
cany with it similar aspects of an industrial facility, without many of the
possible undesirable characteristics of a traditional industrial use. Given the
property's location, adjacent to both residential and vacant/existing light
industrial uses, the scope of possible uses for this site is limited. Many
typical industrial uses would be restricted on the subject site, while residential
uses are also inappropriate. Staff feels that the proposed
basketball/mcmational facility will provide an adequate transitional use
between the light industrial uses and the adjacent residences. It is for these
masons that staff supports the proposed project.
In the event that the tenant would vacate the site in the future, the building
construction will also lend itself to future warehouse/office development.
The building is similar in size to many warehouse/office buildings,
providing a fully air conditioned building, adequate parking, and as
previously mentioned, a desirable location.
Parking/Traffic
Staffhas mviewed the provision ofparking for this facility. The applicant is
proposing to provide 1 space per 109 square feet of floor area; close to City's
standard for commemial/amusement uses, requiting 1 space per 100 square
feet. Adherence to the commemial/amusement requirements would require
Item # 6
an additional 78 parking spaces. A chart is provided on the site plan, showing
the rationale behind the proposed 982 parking spaces. The applicant has
indicated that the number is adequate based on the uses within the building,
excluding storage areas, restrooms, and corridors. Determining the precise
level of parking is difficult in that there is not an existing facility with which
to compare. The applicant has indicated that the adjacent Tract B, containing
approximately 3 acres, and Lot 2, containing 10 acres, are available if
additional parking is needad in the future. Staff is comfortable with the
provided level of parking, knowing that additional parking can be provided, if
needed.
Additionally, Belt Line Road improvements will be modified by the
developer to provide two left turn lanes eastbound into the property and two
deceleration lanes for the main driveways. The owner shall coordinate this
configuration with Dallas County Public Work' s Department. The addition
of the turning lanes will maintain the flow of traffic on Belt Line Road.
As shown on the site plan, there is one row of parking in the westem comer
of the site, which contains less than the minimum 5 spaces. The applicant
will be required to apply for a 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. According to Section 31-3 of the zoning
ordinance 5 loading spaces are required for the 109,000 square foot building.
Due to the unique nature of the use, one loading area, capable of containing
three loading spaces is proposed. While this is more than adequate to serve
this type of use, staff has recommended that if the use changes, the five
required loading spaces must be provided.
Architecture/Elevations
In response to staff concerns regarding the mass and scale of the building, the
applicant has revised the exterior building elevations. Revisions to the
building elevations have further broken-up the massing of the building. The
primary material visible from Belt Line Road is brick, with a rusticated
concrete base in a light color (beige). The from building wall is slightly
curved, soetening the typical bold comers of a building this size. Two rows of
horizontal green finted windows are located along the entire from elevation.
The brick is continued around the comers of the building to each of the sides
where the primary materials change to concrete cast panels in two tones. The
architect has provided large window areas at each of the entryways.
Additionally, a pattem of reveal joints and translucent panels are located
around the perimeter of the building.
The architecture of the proposed building has improved, however, the level of
landscaping surrounding the exterior building walls has not been given the
necessary attention. Staff has recommended that the landscaping around the
building be revised to provide a level of variety from shrubs to larger canopy
Item # 6
trees. The building elevations show twenty trees along the front of the
building, while the landscape plan shows only six large trees and six &ape
Myrtles. Additional revisions are needed to improve the perimeter of the
building and bring the level of landscaping to at least that rapresented on the
elevations.
Landscaping/Tree Mitigation
The level of landscaping has significantly increased from the initial plan
submission and the most problematic issues have been resolved. Staff has
recommended bringing the plan into compliance with the required perimeter
and interior landscape requirements. Additional perimeter screening is
needed along the nonhem row of parking, additional trees are needed within
landscape islands, and inconsistencies exist between the landscape and site
plans. Revisions are required, but these modifications will not significantly
impact the overall design of the site and can be addressed by compliance with
recommended conditions.
As detailed in the attached memo from Bred Reid, the current proposal
removes 892" of protected trees. The proposed Tree Mitigation Plan claims
895" of"Landscaping Credit", however, this is not permitted by ordinance. A
credit of only 50% landscape can be given by installing new trees to replace
those mmovect Them are no trees preserved on-site, therefore, a preservation
credit will not be allowed. The landscape credit will account for 446" of
removed trees; monetary reparation will be required at $100.00 per caliper
inch.
While staff supports the proposed use, it is concerned about any potential
impacts on the adjacent residential properties. The manner in which the site
is designed places most of the activity and lighting away from the residential
properties toward the front of the site. Nevertheless, the relationship between
the parking areas next to residential rear yards needs to be addressed. There
is a significant level of existing vegetation toward the rear of the site, but
much of that will be removed. In order to ensure that those neighboring
properties closest to the use are protected, staff has recommended that
additional screening, in the form of landscaping, be installed between the
parking area and residences. Further, the lighting plan appears to be
satisfactory, with proper design precautions taken to mitigate any spillover
lighting.
Item#6
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the site plan subject to the following conditions:
1)
2)
3)
4)
5)
6)
7)
8)
9)
H)
12)
13)
Provide additional screening toward the rear of the site between the parking
area and the adjacent residences. City Council must approve the proposed
living screen in lieu of a 6'-high masonry wall.
Comply with Section 34-2 of the Zoning 0rdinanee as referenced in the
attached memo from Brad Reid, dated September 14, 2000.
Provide additional landscaping around the proposed building, decreasing the
spacing between the trees, providing additional trees with a larger canopy,
and providing additional lower growing plantings.
Provide one tree per landscape island; a landscape island serving a double
row of parking requires two trees.
Show proposed monument sign on Landscape Plan.
Show proposed transformer on Landscape Plan and relocate if possible; at a
minimum, screen from view with materials and/or ptantings.
Revise Landscape Legend to show the proposed Texas Ash and better
delineate between the Carolina Buckthorn, Tree Yaupon Hollies, and Eastern
Red Cedars.
Revise Landscape Table (1. Interior Landscape Required) to show that
48,796 square feet of landscaping is required, and make any necessary
adjustments to the plan.
Remedy inconsistencies between the landscape plan and the site plan; the
proposed dumpstcr and screen wall is not shown on the landscape plan and
will cause the elimination of a tree.
Dumpsmr screen wall shall be constructed of brick to match main building.
Special Exception approval by the Board of Adjustment, per Section 34-t-8
(B.3) of the Landscape Ordinance allowing for rows of parking with less than
5 spaces.
Provide a note on the site plan and floor plan that food sendee operation
requires a Special Use Permit prior to a certificate of occupancy for that use.
This use provides one loading area, with approximately three (3) loading
spaces, however in the event that another use occupies this building then
additional loading areas will be required per Section 31-3 of the Zoning
Ordinance.
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.
Item # 6
ATTACHMENTS:
1 ) Memo from Brad Reid
2) Preliminary Plat
3) Overall Site Plan
4) Detailed Site Plan-Southern Portion
5) Detailed Site Plan-Northern Portion
6) Tree Survey
7) Tree Calculations
8) Landscape Plan
9) Imgation Plan
10) First Floor Plan
11 ) Second Floor Plan
12) Elevations
13 ) Lighting Plans
14) Revised floor plans
Item#6
From: Bred Reid
To: Marcie Diamond
Date: Thu, Sep 14, 2000 3:22 PM
Subject: Hooptown
Marcie,
The HOOPTOWN proposal removes 892" of protected trees. The Tree Mitigation Plan as proposed by
the developer claims 895" of "Landscaping Credit". This is not allowed by ordinance. The ordinance
allows only a 50% landscape credit by planting trees to replace those removed. There are no trees
preserved on the site so a preservation credit will not be allowed. The landscape credit will account for
446" of trees removed. Therefore, monetary reparation for 446" of trees will be required on this
development at $100.00 per inch.
Please let me know if you have any questions.
Brad Reid
CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
Consider approval of the Hooptown. Lots 1 & 2, Block A, Preliminary Plat, to allow the development of an
indoor basketball/recreation facility on approximately 17.063 acres of property located along the north side of
Belt line Road, east of the intersection of Belt Line and Denton Tap Roads.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Nesbit, McGahey, Ki~ell,
Approval is recommended, subject to the following condition:
1) All turning radius on fire lanes shall measure a minimum of 30' on the inside
and 5~1' on the outside. (CONDITION MET)
Staff recommends approval.
~. ~.~: .¢~
Agenda Request Form - ~ised 5/00
FIN. REVIEW:
/
CITY MANAGER REV //''
Document Name: @Hooptpp
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: HOOPTOWN, LOTS 1 & 2, BLOCK A,
PRELIMINARY PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
Along the south side of E. Beltline Road, approximately 1,700 feet
east of MacArthur Boulevard.
Approximately 27.063 acres of property.
CURRENT ZONING:
LI (Light Industrial).
REQUEST:
Preliminary Plat approval for Hooptom.
APPLICANT:
Applicant:
Hooptown, LLC
708 South College St., Suite 209
McKinney, Texas 75069
(214) 544-2300
Fax: (214) 544-2302
Surveyor:
Survcort, Incorporated
251 O'Connor Ridge Blvd.
Suite 200
Farmers Branch, Texas 75229
(972) 541-0741
Fax: (972) 541-0762
HISTORY:
Them has been no platting histoW on this tract of land.
TRANSPORTATION:
East Belt Line Road is proposed to be a P6D, 6 lane divided major
thoroughfare built within a 120' wide right-of-way. Construction is
scheduled for fourth quarter this year.
SURROUNDING LAND USE & ZONING:
North- Railroad, Creekview Addition "SF-9-PD"
South - North Lake, City of Dallas
East - TXU Electric & Gas Right-of-Way, vacant "LF' Light Industrial
West - Vacant, Shake & Shingle, "LF' Light Industrial
Item#7
COMPREHENSIVE PLAN:
DISCUSSION:
The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
This property has never been platted. The purpose of this
request is to plat both Lots 1 & 2 of Block A. Lot 1 will
contain approximately 17.063 acres and is proposed to be
developed with a basketball/recreation facility. Lot 2 will
contain approximately 10 acres and its proposed use is not
known at this time. The preliminary plat shows all
required setbacks, fire lane easements, and one public
sanitary sewer easement. All other storm sewer easements
on-site are private and not indicated on the plat.
The preliminary plat is deficient in that the radius within
the Fire Lanes is not designed to City of Coppell standards.
Staff has recommended that the applicant revise the
deficient turning radius; it is not believed to significantly
impact the proposed layout of the site.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the preliminmy plat for Lots 1 & 2, Block A Hooptown
subject to the following conditions:
1)
All taming radius on fire lanes shall measure a minimum of 30' on the inside
and 54' on the outside.
ALTERNATIVES:
1 ) Recommend approval of the request.
2 ) Recommend disapproval of the request
3 ) Recommend modification of the request
ATTACHMENTS:
1 ) Preliminary Plat (Cover sheet of site plan package)
Item# 7
COPFELL AGENDA REQUEST FORM
~CITY COUNCIL MEET/NG: October 10, 2000 ITEM # / 7
ITEM CAPTION:
Consider providing that the Planning and Zoning Commission be the authority responsible for the approval
of the Final Plat for Hooptown. Lots 1 & 2. Block A, to allow the development of an indoor
basketbaH/recreation facility on approximately 17.063 acres of property located along the north side of Belt
line Road, east of the intersection of Belt Line and Denton Tap Roads.
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
Staff recommends approval.
CITY MANAGER REVIEW:I
Document Name: @Hoopfpa
~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Case No. S-1180, Wings To Go, zoning change request from TC
(Town Center) to TC-S.U.P (Town Center, Special Use Permit), to allow the operation of a 1,440 square foot
restaurant and private club to be located in Suite 230 of the Town Center Shopping Center at 106 N. Denton
Tap Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
Nesbit, McGahey, Kittrell,
1) The development of this property shall be limited to the site plan, floor plan
and signage as attached to and made part of the Ordinance.
2) The hours of operation being 11 a.m. to 10 p.m. Sunday through Thursday and
11 a.m. to 11 p.m. Friday & Saturday.
3) Permit the sale of beer on the premises only as provided by Texas State Law.
4) A 750 gal. (minimum) grease trap will be required to be furnished with
finish-out package.
Staff recommends approval.
~,~. ~,?~: , ~.
Agenda Request Form - R~e~'lsed 5/00
CITY MANAGER REVIEW:
Document Name: @S1180
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1180, WINGS TO GO
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
September 21, 2000
October 10, 2000
106 N. Demon Tap Road, Suite 230.
Approximately 1,440 square feet
TC (Town Center)
REQUEST:
TC-S.U.P. (Town Center, Special Use Permit)
APPLICANT:
Applicant:
Donald Platek
DSP Holdings, LTD
P.O. Box 66
Roanoke, TX 76262
(817) 2624394
Fax: (509) 6924602
HISTORY:
Prior to 1982, this property and the surrounding properties were
classified SF-12 on the zoning map. In mid-1982 City Council
rezoned the property surrounding this tract on the west, north and east
to the "TC" Town Center District. On July 9, 1996 City Council
approved a zoning change for this 1-acre parcel to "TC" and
incorporated it into the shopping center on October 8, 1996.
To date, two previously approved restaurants operate within the
Town Center Shopping Center; Starbucks Coffee Shop and Anamia' s
Tex-Mex Restaurant.
TRANSPORTATION:
Sandy Lake Road is currently being improved fi'om a two-lane
asphalt road within a variable width right-of-way (100' wide in front
of the subject property), to a C4D four-lane divided collector street
within a 110' wide fight-of-way.
Item # 8
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:NV~Id HAISI'CHHElltdI~OD
1)
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)
2)
3)
4)
5)
Wing To Go Sample Menu
Project Narrative
Exterior Sign Elevation
Site Plan
Floor plan
Item# 8
Cele and bleu cheese included
added cents extra for each split
10Pieces ........................................................$4.25
20Pieces ........................................................$8.10
30Pieces ......................................................$12.35
40Pieces ......................................................$15.75
50Heees ......................................................$19.45
60Pieces ......................................................$23.30
70Pieces ......................................................$27.55
g0Pieces ............ ; .........................................$30.40
100Pieces ....................................................$36.00
150Heces ....................................................$55.00
200Pieces ....................................................$72.00
SAUCES: Mild, Medium, Hot, X-Hot, Suicide,
Homicide, Sweet & Sour, Bar-B-Que, Honey Mustard,
Buffalo Garlic, Lemon Pepper, Golden Gadic,
Chesapeake Bay, Tedyaki, Curry and Cajun
Served with your choice of ffipptng sauce
5 Pieces.......$4.25
10Pieces ....... $8.10
15Pieces.....$12.35
20Pieces.....$15.75
25Heces.....$19.45
30Pieces.....$23.30
35Pieces.....$27.55
40Pieces......$30.40
50Pieces......$36.00
60Pieces......$44.10
70Pieces.....$51.75
80Pieces......$59.30
90Piece~.....$66.40
100Pieces......$72.00
Served with cocktail sauce
10Pieces ....... $5.99
15Pieces ....... $8.77
20Hece~....$11.60
25Pieces.....$14.37
30Heces.....$17.10
35Heces.....$19.77
40Pieces.....$22.40
or our dipping sauce
45 Pieces......$25.20
50 Pieces......$27.50
60 Pieces......$33.00
70 Pieees......$38.50
80 Pieces......$44.00
90 Pieces......$48.60
100 Pieces..._$54.00
$4.25
CHOICE
Chicken Filet
Breaded chicken filets, lettuce. tomato, ~4,1th mayonnaise or
choice of sauces.
Wraps a~ tortillss stuffed with a variety of ingredients.
A mea[ in itse[E Caution] AddicliveH
Mega-M .............................................. SS. 7s
Burhie's Backfire Chili, cheddar and jack cheese, onions. rice,
tomatoes. jalapenos, sour cream, fresh solsa, g~acamole, lei?uce
andblackolives... MuyBueno!
Italian-Caccitora .................................... $4. 75
Breaded chicken filets and rice smothered w~rh marlnora sauce,
Veggie and Cheese wrap .......................... $3.95
Cheese, rice. lettuce, tomato, grilled onions, sweet peppers,
mushrooms, guacamole. and ranch dressing.
Oriental Chicken... $4. 75. ....... Shrimp..... $5.50
Brooded chtck~t ~lets or Buffalo shrimp ~th ear flied onions, rice,
peppers. mushrooms and Teriyala sauce.
Cajun Chicken ...... $4. 75. ....... Shrimp..... $5.50
Breaded chicken filets or Buffalo shrimp, ~th souteed onions,
40 lanes (2 sauces) I Large 32 oz. French Fry
I Large slmv or salad 2 Liter soda
Family Combo ....................................... $18. 99
20 Wings (1 Sauce) 1 Large 32 oz. French Fry
10 Golden Tenders 2 Liter Soda
2 Small sla~ or salad
Super. ....................................................$19. 49
] 0 Wings 1 Large Side
I 0 Golden Tenders I Medium Fry or Cheese
10 Shr4mp Sacks or Cheese Fries
Super 2 ..................................................$19.49
20 Shrimp I Large Side
20 I~qngs or 10 1 Medium French Fry or
Golden Tenders Cheese Sacks or Cheese
Fries
Garbage Fries ..................................................... $4. 75
A generous pardon of Beach Fries. smothered in Burme's
Backfire Chili and topped ~th cheddar cheese. jalapenos,
sour cream, guacamole and black olhles.
Beach Fries .................small - $1.35 w/cheese - $1.95
reed - $1. 75 ,A,/cheese - $2.50
large - $2.50 w/cheese - $3.50
Burnie's Backfire Chill .......................... small - $3.50
large- $4.50
Monterey Jack Cheese Sticks (8 per order) ......... $2.2.$
Jalapeno Poppers (8 per order) ........................... $3..$0
Extra Bleu Cheese or Celery .................................
Extra Sauce ...........................................................$.60
Fountain Soda...small - $,75 reed- $1.00 large - $1.50
Canned Soda. ..........................................................$.60
gpring Water .........................................................$1.25
~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of the Northlake Business Center. Phase I. Replat and Site Plan, to
allow a parking lot on 1.37 acres of property located along the west side of North Lake Drive; north of Belt
Line Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, with no conditions.
Nesbit, McGahey, Kittrell,
Staff recommends approval.
Agenda Request Form - ReB~sed 5/00
FIN. REVIEW:~
CITY MANAGER REVIEW:
Document Name: @NLBCIrs
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: NORTHLAKE BUSINESS CENTER, PHASE I
REPLAT AND SITE PLAN
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
Along the west side of North Lake Drive, north of Beltline Road.
Approximately 1.37 acres of property.
CURRENT ZONING:
LI (Light Industrial)
REQUEST:
Site Plan and Replat approval.
APPLICANT:
Applicant:
B&D Construction
P.O. Box 261402
Plano, Texas 75026
972-727-4600
Engineer:
Frank Canedy
RLK Engineering
111 W. Main Street
Allen, Texas 75013
HISTORY:
This property was originally platted in 1980 as Northlake Business
Center Phase I. This plat divided the land into two blocks and
dedicated the right-of-way for North Lake Drive
TRANSPORTATION:
Northlake Drive is a cul-de-sac street, with a length of 900+ feet,
built within a 60' R.O.W.
SURROUNDING LAND USE & ZONING:
North- Advantage Self Storage; LI
South - Riverside Church of Christ; LI
East - warehouse; LI
West -vacant; C
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
Light Industrial/Showroom Uses
Item # 10
DISCUSSION:
This request would allow this 1.37 acre tract to be developed for 109
parking spaces. This parking is to be used as overflow employee parking
to serve B & D construction, which is located to the east of this site. The
parking lot use is compatible with surrounding developments as well as
fulfilling a need for additional parking for an existing business. The
parking lot will not be lighted, therefore the use of this lot will be limited
to day light hours only. No signage will be permitted on this site except
for movement control signs as provided for in Section 29-3.2.(A) of the
Zoning Ordinance.
The site plan indicates 109 parking spaces with one access point on North
Lake Drive. This parking lot has been landscaped in accordance with the
provisions of the Landscape Ordinance providing for perimeter and
interior landscaping, Non-vehicular landscaping was not required due to
the lack of any structures. Approximately 33% of this tract is devoted to
landscaping and 34 trees will be planted.
The replat of North Lake Business Center Phase 1 provides for a 24-foot
fire lane which will encircle the parking spaces. No additional
easements or right-of-way will be required.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the site plan and the replat for North Lake
Business Center Phase 1
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) Site Plan
2) Landscape Plan
3) Replat document
Item # 10
COPPELL AGENDA REQUEST FORM
~CITY COUNCIL MEETING: October 10, 2000 ITEM # Z 0
ITEM CAPTION:
PUBLIC HEARING: Consider approval of the Park West Commerce Center. Site Plan Amendment and
Replat of Lots 1 & 3. Block 7, to amend the existing Site Plan to construct two office/warehouse buildings
and revise the parking and landscaping on approximately 11.62 acres of property located at the northeast
comer of Enterprise and Wrangler Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
SITE PLAN CONDITIONS:
1)
Nesbit, McGahey, Kittrell,
Revise parking calculations on site plan sheet to accurately indicate the number
of proposed spaces for each building. (CONDITION MET)
2) City Council must approve the proposed living screen in lieu of a 6'-high masonry wall.
3) City Council must approve a variance to the Subdivision Ordinance, allowing the easternmost
driveway to be spaced approximately 85' from an adjacent driveway on a 40-mph street.
4) A monument sign shall not be permitted on-site.
5) 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.
6) Building materials shall be as those submitted on the color board.
REPLAT CONDITION:
1) City Council must approve a variance to the Subdivision Ordinance, allowing the eastemmost
driveway to be spaced approximately 85' from an adjacent driveway on a 40-mph street.
Staff recommends approval.
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: PARK WEST COMMERCE CENTER
REPLAT OF LOTS l&3, BLOCK 7, AND SITE PLAN
AMENDMENT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
Northeast comer of Enterprise and Wrangler Drives.
Approximately 14.62 acres of property.
CURRENT ZONING:
L1 (Light Industtial)
REQUEST:
Site Plan amendment and Replat approval.
APPLICANT:
Applicant:
PAC Trust Pacific Realty Assoc.
15350 SW Sequoia Pkwy., Ste. 300
Portland, Oregon 47224
(503) 624-6300
Fax: 503-624-7755
Engineer:
O'Brien & Associates
5310 Harvest Hill Rd, Ste. 136
Dallas, Texas 85230
(972) 788-1010
Fax: 972-788-1024
H/STORY:
In 1990 this property was originally platted into large blocks.
Replatting has occurred periodically with the sale and development of
individual sites.
A mplat and site plan for Lots 1 & 3, Block 7 Park West Commerce
Center were approved by City Council on May 12, 1998. The
approval allowed for the development of a 96,000-sq. ft. building on
Lot 3 (7.83 acres) and an 115,200 sq. ft. warehouse/office building on
Lot 1 (6.79 acres). Lot 3 has been developed, with the remaining Lot
1 vacant.
Item# 11
TRANSPORTATION:
Wrangler Road is a 2-lane asphalt road with side ditches in a 60'-
wide right-of-way. The thoroughfare plan shows it as C4U in a 70'-
wide fight-of-way.
SURROUNDING LAND USE & ZONING:
North- Lone Star Plywood & Door Corp., "LF' Light Industrial
South - Coppell Middle School West; "LI" and "C" Light Industrial and Commercial
East - Meiko America; "LI" Light Industrial
West - American Tradex Central; "LF' Light Industrial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION:
As mentioned in the History Section above, a site plan for the subject site was
approved in May 1998. The applicant is requesting to amend the site plan for
Lot 1 in order to construct two separate buildings in lieu of one larger
building (115,200 sq. ft.), as shown on the previously approved site plan.
Several modifications to the approvad site plan are proposed, including
revised landscaping, parking, access and overall building square footage. The
first building lccatad on the westem pertion of the site, Building # 4 will
contain 57,000 sq. ft. and the second building located on the eastem portion
of the site, Building # 5 will contain 38,000 sq. It. The site is designed so
that both buildings face inward to a shared passenger vehicle parking lot
serving the less intense office uses. The rear of the buildings face outward
containing loading docks/service areas for the more intense operations of the
site.
The architecture of the proposed warehouse/office facilities will be similar to
the adjacent Park West Buildings on Block 7 & 8. Both new buildings will
be two-toned painted tilt wall sh'uctures (white/gray) with tinted gray
windows with black anodized mullions. At this lime, no monument is being
requested. As discussed with the applicant, individual tenants will separately
request an attached sign that may be permitted in accordance with
requirements of the sign ordinance.
Parking/Access
The proposed parking is more than adequate to serve the two proposed
buildings. Building 4 is served by 138 parking spaces, supporting up to a
60/40-office/warehouse mix. Additionally, Building 5 is served by 127
spaces, an amount capable of supperting a 100% office use.
Item # 11
As shown on the site plan, there is one row of parking toward the southeast
comer of the site that cont~ns less than the minimum 5 spaces. The
applicant will be required to apply for a Special Exception to the Board of
Adjustmere, per Section 34-1-8 (B.3) of the Landscape Ordinance allowing
for rows of parking with less than 5 spaces.
The proposed revisions to the approved site plan include an additional curb
cut on Wrangler Drive. The applicant's initial submission showed the
eastemmost driveway only 35' from the adjacent driveway and directly in
line with Crestside Drive; however, revisions to the plan now locate the
driveway approximately 85' from the adjacent driveway to the east.
According to the Subdivision Ordinance, minimum driveway spacing for a
40-mph mad is 120'. The applicant has indicated that the current location is
as far west as the drive can be placed and still adequately serve the eastem
track/service area. While the location of the driveway is not ideal, it is now
offset from Crestside Drive and acceptable to staff.. In order to approve the
decreased driveway spacing, a variance to the Subdivision Ordinance must be
approved by City Council.
Landscaping
All perimeter, interior, and non-vehicular landscape requirements have been
met. The proposed landscaping is similar to and will tie into the existing
adjacent property to the west, known as Lot 3. At the request of staff, the
applicant has revised the landscape plan to fully screen the two transformers,
enhance the entrance feature, and to better screen the track courts from the
street.
A notation needs to be added to beth the Site and Landscape plans indicating
that the applicant requests City Council to modify the screening of truck
courts from a street. A 6' high masonry screening wall is normally required.
The applicant is proposing to screen the truck courts with 3' high berms with
Live Oaks and Leyland Cypress trees planted on top of the bexms. If the
result is a solid planting screen, staff can support the modification.
Replat
The prior replat represented Lots 1 & 3 as one lot. However, a property line
was shown between the two lots, clearly indicating the intent to eventually
subdivide. The manner in which the lot is currently designed prevents the
applicant from subdividing which would create several noncomplying
situations. As a result of this finding, the current replat formally eliminates
the notation of LOt 3, creating Lot 1R forthe entire 14.62 acres.
Item# 11
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the site plan amendment and mplat subject the
following conditions.
SITE PLAN CONDITIONS:
1 ) Revise parking calculations on site plan sheet to accurately indicate the
number of proposed spaces for each building.
2) City Council must approve the proposed living screen in lieu of a 6'-high
masonry wall.
3) City Council must approve a variance to the Subdivision Ordinance, allowing
the easternmost driveway to be spaced 85' from an adjacent driveway on a
40-mph street.
4) A monument sign shall not permitted on-site.
5) 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.
REPLAT CONDITIONS:
1 ) City Council must approve a variance to the Subdivision Ordinance, allowing
the easternmost driveway to be spaced 85' from an adjacent driveway on a
40-mph street.
1)
2)
3)
4)
Recommend approval of the request
Recommend disapproval of the request
Recommend modification of the request
Take under advisement for recousidemtion at a later date.
ATTACHMENTS:
1 ) Site Plan
2) Elevations Sheet 1
3) Elevations Sheet 2
4) Landscape Plan
5) Landscape Details
6) Replat
Item # 11
COPPELf, AGENDA REQUEST FORM
~CITY COUNCIL MEETING: October 10, 2000 ITEM # ~1
ITEM CAPTION:
CONTINUATION OF 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 flee-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.
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 conditions:
1) Planned Development Conditions as stated on the Site Plan.
2) Freestanding lighting shah 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; thhe Minor Plat indicates thhe 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.
7) Revise parking lot design to provide standard parking spaces and aisle widths to increase
the setback from the rear property line to 20'.
8) Provide sidewalk to the north entrance into the House of Style. ~
(CONDITIONS C N.T UED TO THE NEXT PAGE)
Document Name: @PD188
PD-188
(CONTINUED CONDITIONS)
9)
Show the required amount of landscape islands tintedor Landscaping)- 53
parking spaces x .12 = 7 landscape islands; all of which must contain one
l~ee.
11)
i2)
i3)
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 dearly show the
existing and proposed portions of the building.
Shutters and signage be green to match the uirn on the existing stracture.
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 25-30 trees shall be planted along the north, south and east
sides of the property, plus sufficient Nellie R. Stevens shn~bs to adequately
shield near-by residences from headlights, etc., along the east side of the
property.
This Public Hearing was continued from September 12, 2000.
APPLICANT HAS AGAIN ASKED FOR A CONTINUATION OF THIS CASE.
PLEASE SEE ATTACHED LETTER DATED SEPTEMBER 29, 2000.
Staff recommends approval.
NOTE: APPLICANT HAS REQUESTED CONSIDERATION OF THIS ITEM
BE TABLED UNTIL OCTOBER 10TM.
09/29/2000 01:43 FAX 9723462483 Dave Wllllams HS ~02
[97~,) 99x.x76o off
(972) 347.2~7~ fax
sa~ 29, 2000
City of Coppell [ mni~g & Zoning Commltte~
Mamy Diamond
Dear Ms. Diamo ~,
Please po pone our submittal for the restaurant aud beauty shop exp~n.~ion unt~ the
November City ( ,uncil meetin~ Thank you,
Sincerely,
je~adej~
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
October 10, 2000 (Continued from 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-1125R (Historic Overlay, Commercial) and
(Historic Overlay, Commercial, Special Use Permit 1125R for
House of Style beauty salon).
REQUEST:
Planned Development approval.
APPLICANT:
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: 972-304-4164
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 commemial property and to allow on-site
asphalt paving of the parking lot. This SLIP 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 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. Access to the site will be shifted to the
Item # 4
south approximately 60 feet. The existing entrance will be removed.
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 dislrict.
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 SLIP
regulations for the beauty shop, which are applicable to this development,
will be incorporated within this PD. The companion request is the SUP 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 free-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 SUP 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 are permitted with an SUP. This provision is being included in the
conditions for this PD. As indicated in the elevations and the color board,
Item # 4
both buildings are residential in character, with whim wood siding. A
sloped, black composition roof is also proposed for both buildings. Shutters
are proposed to be red (ox blood). The signs for both the buildings will also
be 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 single 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 concems with the site plan are in the design of the rear
portion 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, due 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 recomfiguration 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 from the residential to 85 feet. The combination of
Item # 4
the reduced paving area and relocated dumpster will preserve additional
green space and shift activity away from the existing single family homes.
The parking lot lighting is proposed to consist 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
westem 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 requh'ed
landscaping is not significantly 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 recommends 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
preperties 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. It.
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 rear property line to 20'.
8) Provide sidewalk to the north entrance into the House of Style.
9) Show the required mount 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
Item#4
be located within the 10' setback on the side and rear property lines and
within the 15' setback in the ~'ont yard.
11) Provide an additional 3 trees on-site, in accordance with Section 34-1-9
(Nonvehicular Open Space).
Total Site Area 55,129 Sq. It.
(3,988 + 2,128) 6,116 Sq. It.
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 reconsidemtion at a later date.
ATTACHMENTS:
1)
2)
3)
4)
5)
6)
7)
8)
Tree Survey & Plant Description
Site Plan
Landscape Plan
Irrigation Plan
Front Elevations
Camille's Restaurant Elevations
Home of Style Elevations
Home of Style Floor Plan
Item # 4
~CITY COUNCIL MEETING: October 10, 2000 ITEM #
ITEM CAPTION:
CONTINUATION OF 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 Coppelt 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 Neshit, Kilttell, McCaffrey, 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.
This Public Hearing was continued from September 12, 2000.
APPLICANT HAS AGAIN ASKED FOR A CONTINUATION OF THIS CASE.
ATTACHED LETTER DATED SEPTEMBER 29, 2000.
Staff recommends approval.
PLEASE SEE
9~
Agenda Request Form - Revised 5/00
FIN. REVIEW:C~
CITY MANAGER REVIEW:~b
Document Name: @S1179
09/29/2000 01:43 FAX 9723462483 Dave Willlams He ~02
P. 9 '
PROSPER, TX 75078'~
(972) 99Lx760 off
(972) 347.227x fax
Sept. 29, 2000
City of Coppell t ranlug & Zoning Committee
Max~ Diamond
Please po pone our submiual for the restaurant and beauty shop exl~,,~ion until the
November City ( ~tucil meetin~ Thank you.
Sincerely,
jeff~at~e~
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1179 CAMILLE'S RESTAURANT
W/PRIVATE CLUB
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
August 17, 2000
October 10, 2000 (Continued from September 12, 2000)
Along Coppell Road, approximately 200 feet south of Cooper
Lane.
Approximately 1.27 acres of property.
CURRENT ZONING: HO-C (Historic Ove~ay, Commercial)
REQUEST:
Special Use Permit approval.
APPLICANT:
JWI Engineer: Cravens and Associates
PO Box 909 241 MacArthur Blvd.
Prosper, Texas 75078 Coppell, Texas, 75019
214-502-5478 972462-0417
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 offand.
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 fight-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 restaurant, 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 seat'mg capacity of 96, exclusive of the proposed party
room. According to code, any establishment with seat'rag capacity over 50 is
required to have 2 exits. The applicant has added a second exit along the
northem wall of the building, accessible through the main dining room.
The hours of operation for this restaurant tiom 11:00 am to 10:00 pm
Monday through Saturday and 12:00 am to 9:00 pm on Sanday.
RECOMMENDATION TO THE PLANNING AND ZONING COMIVlISSION:
Staff is recommending APPROVAL of this SLIP for a restaurant with private club subject to
the following conditions:
1)
2)
The hours of operation will be tiom 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
~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Case No. PD-171R-HC, Verizon Communications (GTE),
zoning change request for property zoned PD-171-HC (Planned Development-171-Highway Commercial), to
allow a revision to the approved signage on approximately 35.6 acres of property located at 750 Canyon
Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning
STAFF COMMENTS:
and Community Services
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (4-2) with Commissioners McGahey, McCaffrey, Halsey and
Stewart voting in favor. Commissioners Nesbit and Kittrell opposed.
Approval is recommended, subject to the following conditions:
1) Approval of the substitution of the Verizon sign on the building and the
replacement of the GTE letters and logo on the existing monument sign. (CONDITION MET)
2) Denial of the movement control signs as submitted. The movement control signage
shall comply with Section 29-3.2 of the Zoning Ordinance.
Staff recommendsapproval.
Agenda Request Form ~d 5/00
FIN. REVIEW:t~'
CITY MANAGER REVIEW:
Document Name: @PD171R
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-171R-HC, VERIZON
COMMUNICATIONS (GTE)
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
750 Canyon Drive.
Approximately 35.6 acres of property.
CURRENT ZONING: PD-171-LI (Planned Development-171, Light Industrial)
REQUEST:
Amend the PD to allow for revisions to approved signage.
APPLICANT:
Melanie Hancock for Verizon Communications
Hancock Sign Company
P.O. Box 5966
Arlington, Texas 76005
HISTORY:
PD 171 was established in 1998 for GTE Shared Services. The site
plan for this development included two 5-story office buildings.
Since that time the first office building has been constructed.
TRANSPORTATION:
SH 121 is an existing 4-lane divided highway with 2-lane service
roads in a 440' wide right-of-way. Canyon Drive is a 37' wide
concrete 2-lane street built within a 60 foot rightqof-way. Coppell
Road is a two lane undivided road, with 37' of pavement within
50' of right-of-way adjacent to this tract.
SURROUNDING LAND USE & ZONING:
North- vacant; C
South- vacant; HC
East - Mansions by the Lake; PD-MF-2
West -DFW Trade Center; PD-LI & City of Grapevine
Item # 5
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Light Industrial/Showroom Uses
DISCUSSION:
Verizon is requesting an amendment to PD 171 to allow for changes to the
existing signs due to the new name of the corporation. When PD 171 was
established, the site plan specified that there would be two monument signs
(60 square feet each), one on SH 121 and one on Canyon Drive. One
attached sign was permitted on the building.
The current request is to amend the PD to permit the following:
· The replacement of the existing attached sign with a 141.6 sq. ft.,
internally illuminated, can sign. This sign is in conformante with
the Sign Ordinance.
· To replace the logo, name and address on the existing monument
sign with new name, logo and address, in the new color scheme.
This is also in conformance with the Sign Ordinance.
· The replacement of the existing movement control signs with two
(2) signs, 7.5 square foot each on Canyon Blvd, one (1) on
Coppell Road and one (1) on S.H. 121 for a total of four (4)
movement control signs.
These movement signs are not in conformance with Section 29-
3.2.(A), Movement Control Signs of the Zoning Ordinance. This
section of the ordinance states that this type of sign may be
constructed, without limit to number. However these signs must be:
1. a maximum of three (3) square feet in size
2. must convey a message which directs vehicular or
pedestrian movement, and
3. must contain no advertising identification message.
These existing signs exceed the size permitted as well as contain the
corporation's name and logo. Given that this is a Planned
Development District, City Council may grant a waiver to the sign
ordinance. Incidentally, the approved PD did not recognize these
movement control signs. However, staff is not in support of these
four (4) Movement Control Signs that are in conflict with the Sign
Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the new attached sign on the building, and the
replacement of the letters and logo on the existing monument sign. Staff is
recommend'rag DENIAL of the additional movement control signs that are in
conflict with the provisions of the sign ordinance.
Item # 5
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)
Site Plan indicating sign locations
Color pictures of all existing and proposed signs (4 sheets)
Item # 5
4t
CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
Consider approval of the Everybody Fits. Site Plan. to amend the existing Site Plan to consUmct an indoor
sports/recreation center located on approximately 3.4 acres of property on North Texas Court, west of N.
Denton Tap Road.
SUBMITFED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision ofP&ZCommission: Approved (6-0) with Commissioners Nesbit,
McCaffrey, Halsey and Stewart voting in favor. None opposed.
McGahey, Kittrell,
Approval is recommended, subject to the following conditions:
1)
Attached tenant signage shall be rectangular cast-stone panels with smaller identical black
font as Everybody Fits signage; logo colors, if used, shall be similar to the green and gold-tone
accents on the building. These panels shall be externally illuminated.
2) The relocation of the proposed monument sign to the main lot. (CONDITION MET)
3) Any food service operation will require a Special Use Permit prior to a Certificate of
Occupancy being issued.
Additional specifications of the materials and colors proposed for all facades of the building,
including metal roof and metal railings along the roo~ine need to be defined on the
elevations and the color board. (CONDITION PARTIALLY MET)
5) This use is permitted to have one (1) loading area, however in the event another use occupies
this building, additional loading areas will be required per Section 3 1-3 of the Zoning Ordinance.
Staff recommends approval.
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER REVIEW:
Document Name: @EvtyBFs
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: EVERYBODY FITS, SITE PLAN AMENDMENT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
On North Texas Court, west of N. Denton Tap Road.
Approximately 3.4 acres of property.
CURRENT ZONING: C (Commercial)
REQUEST:
Site Plan Amendment regarding the construction of a 75,000
square foot, two story exercise/fitness building.
APPLICANT:
HISTORY:
Applicant:
Brian Kennedy
Everybody Fits, LP
149 Cottonwood Drive
Coppell, Texas 75019
(972) 393-1272
Fax: (972) 393-1272
Engineer:
Mark Wainscott
Wainscott and Assoc., Architects
4815 Keller Springs
Addison, Texas 75001
(972) 447-9119
Fax: (972) 447-9110
There is a long history on this parcel that began 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 an application to renew the site plan
was submitted.
Item # 12
On August 17, the Planning Commission recommended approval
of the resubmission of the previously approved site plan. On
September 12, 2000 the City Council followed the recommendation
of the Planning and Zoning Commission.
TRANSPORTATION:
Denton Tap Road is a P6D, six-lane divided concrete roadway
built to standard in a 110-foot right-of-way.
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:
As discussed above, the Planning and Zoning Commission and the City
Council re-approved the site plan and landscape plan for this property to
allow for the completion of the construction of this facility. This current
application is for the same building footprint and parking layout as recently
approved, but the landscaping and the facade of the building has been
enhanced and the signage has been revised.
REVISIONS TO THE LANDSCAPE PLAN
The architect has conducted an as-built survey to identify all areas that are
currently not paved that could be devoted to landscaping. The areas
identified include the existing median in North Texas Court which is
owned and will be maintained by the owner of the facility and various non
paved areas adjacent to the building. The 10,615 square foot median in
North Texas Court is proposed to be landscaped with one live oak tree, six
red oaks and accented with crape myrtles and shrubs and seasonal color.
Landscaping has also been added to screen mechanical equipment and to
enhance the entry to the facility. The non-vehicular landscaping
requirement appears to be met, utilizing the median area and the
landscaping provided along the southern portion of the building.
The perimeter landscaping is being provided and additional trees and
landscaping materials have been included to be in compliance with the
perimeter landscaping requirement.
Item # 12
When the site plan was previously approved, it was subject to Board of
Adjustment approval to provide 116 parking spaces, thus allowing for the
area adjacent to the single family area to the west to be landscaped in lieu
of additional parking. This current site plan reflects that condition.
However, consideration should be given to providing the required ratio of
landscaping and parking in this area.
REVISIONS TO THE ELEVATIONS
The previously approved elevations indicated brick veneer on from and
elevations with E.I.F.S. on approximately two-thirds of the rear elevation.
Architectural features were limited to the embellishments around the
doors.
The proposed elevations include a brick faCade with split face block base
with cast stone cap along the bottom 20% of the entire building. Along
the east, south and north elevations accent brick "windows" have been
added to break up the facade of the building. Along the roo~ine of the
building, hunter green decorative metal railing is proposed to match the
hunter green standing seam metal roof. Finally, cast stone medallions in a
star pattern are included as architectural accents. The specifications of
color and materials have been verbally offered by the applicant, however
they need to be more specifically noted on the elevations and provided on a
color board.
Per the interpretation of the Building Official, 262 square footage of
signage would be permitted. The elevations indicates a sign to the south of
the main entrance stating "everybody Fits... so every body's fit and
everybody has fun". Additional information is required as to color,
materials, font, etc. and any additional advertisements that are intended for
this sign to allow staff to analyze this sign's compliance with the
provisions of the sign ordinance.
A 60 square foot monument sign is proposed to be located in the median in
North Texas Court. Although this median will be owned, landscaped and
maintained by the owner of the adjacent lot, there are no provisions in the
sign ordinance to allow for a sign on a separate lot than the main use.
Therefore, this sign must be relocated onto the main lot.
REVISIONS TO THE FLOOR PLAN
The revisions to the first floor plan include an expansion of the front lobby
area, and more detail being provided as to the functioning of the building.
Areas are proposed to be partitioned with retractable walls to allow for
various rooms to be used for class instruction, such as dance, drama, arts
and craB, as well as child care services.
hem # 12
The second floor plan also provides more detail than the previous
submission. It is proposed to include additional instructional space,
aerobics and weight room, martial arts, private party rooms, etc. This
floor also includes balcony and a "proposed food service area." The
owner has been made aware that any food service will require a SUP to be
obtained prior to a certificate of occupancy for this service.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of the site plan, revised elevations and revised
landscape plan subject to:
1. Specification of the proposed attached sign in terms of color, materials, font
and size.
2. The relocation of the proposed monument sign to the main lot.
3. Additional parking being provided along the west property line while
providing required landscaping.
4. Any food service operation will require a SUP prior to a certificate of
occupancy for that use.
5. Additional specifications of the materials and colors proposed for all facades
of the building, including metal roof and metal railings along the roo~ine need
to be defined on the elevations and the color board.
6. This use is permitted to have one (1) loading area, however in the event that
another use occupies this building then additional loading areas will be
required per Section 3 1-3 of the Zoning Ordinance.
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) Site Plan
2) Landscape Plan
3) Floor Plan (first floor)
4) Floor Plan (second floor)
5) Elevations
Item # 12
CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION:
Consider approval of the Canterbun/Court, Preliminary Plat, to allow the development of single-family
homes on approximately 6.373 acres of property located at the northeast comer of DeForest Road and
MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners Nesbit, McGahey, Kittrell,
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) City Council approval of the alley elimination.
2) City Council approval of the cul-de-sac length of 630 feet.
3) The median and proposed trees in the cttl de sac being removed. (CONDITION MET)
4)
The Final Plat being rifled a "Final Plat of Canterbury Court, being a re-plat of portions
of Tracts 1 and 2 and all of Tract 3 of Creek Bend Estates and previously unplatted property."
5) Approval of the Homeowner's association documents by the City Attorney.
6)
The 261 callper inches of trees to be removed to allo~v for the construction of streets and
utilities may be replaced ~vith street trees and trees on lots 11 15, I -1 and lot 5 subject to:
· The minimum caliper of the replacemere trees shall be 4" at the time of planting.
· A minimum of 'I trees shall be planted on each of these lots, except for Lot 5,
~vhich shall have a minimum of 2 trees. (CONDITION PARTIALLY MET)
· The developer agrees to ensure the maintenance and replacement, when necessary,
of the new trees for a period of two years from the time of planting.
CONDITIONS CONTINUED ON THE FOLLOWING PAGE.
DIR. INITIALS: ~ FIN. REVIEW:(Y~(
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: @CCpp
CANTERBURY COURT, PRELIMINARY PLAT
(CONDITIONS CONTINUED)
7)
8)
Trees on individual lots may be mitigated on a lot-by4ot basis subject to:
· The developer submitting an exhibit indicating the estimated size,
location and minimum elevation for a proposed slab on each lot
~vhere trees are scheduled for preservation. (CONDITION
PARTIALLY MET)
· Language being placed on the Final Plat relating to the required
tree reparation due on individual lots shall be acceptable to staff.
Enhance the wall treatment with the addition of a cap system on top to add
some depth. Also, include an ending feature/element at the ends of the wall
along DeForest Road and MacArthur Boulevard.
9) Adherence to Departmental comments.
Staff recommends approval.
NOTE:
THIS IS A REVISED MITIGATION PLAN PER CONDITION #3
WHICH REQUIRED THE REMOVAL OF TREES IN THE
PROPOSED MEDIAN IN THE CUL-DE-SAC
TEE MITAGATION PLAN I
WITHIN THE RIGHT-OF-WAY:
1. All trees within the proposed right-of-way and utility
easements will be removed.
Replacement trees (minimum of 4" caliper and 7' height)
will be planted, utilizing approved planting methods to
assure complete tree development at full maturity.
3. Replacement of those trees removed from the right-of-way
will be located according to the following schedule:
Tree Replacement Schedule
At st minhnum. the follow ing number of uv. es wilt be pl~ted prior to the first C O.
Trees on Lots I I - 15 (4 per lot)
R~arYard 15
Front Yard I 0
Trees on Lots l -4 (4 per lot)
Rear Yard 12
Front Yard 8
A Variety of Trees
Included on the CRy's
Approved Plant List
Will Be planted
Trees on Lot 5 (2 per lot)
Front Yard 4
Total Minimum Trees on Lots 49
TOTAL MINIMUM INCHES REQUIRED
TOTAL MINIMUM TREES REPLACED
(at 4" minimum dbh, 77 x 4)
306
308
ON INDIVIDUAL LOTS:
Trees on individual lots will be assessed on a lot-by-lot
basis at time of building permit Tree removal v~ll be
minimized on each lot.
Individual lot owners will pay reparation for those trees
actually removed. Final reparations may not be as
estimated on the current plan. Based on the current plan,
it is estimated that reparations will be made as follows:
Tree Reparation Schedule
Lot Propoaed Proposed
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
September 28, 2000
Marcie Diamond, Asst. Director of Planning
Travis Crump, Deputy Fire Chief/Fire Marshal
Canterbury Court
After re-reviewing the preliminary plat for Canterbury Court, I have determined that the name of the street
coming offof Canterbury needs to be changed. The current name of the street is Wellshire Court. We
currently have a street named Wilshire and the similarity between the two names can lead to confusion.
If you have any questions, please contact me at extension 3503. Thank you.
2 8 2000
C1TY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: CANTERBURY COURT, PRELIMINARY PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000
October 10, 2000
Northeast comer of DeForest Road and MacArthur Boulevard.
Approximately 6.373 acres of property.
CURRENT ZONING:
SF-12 (Single Family-12)
REQUEST:
Preliminary Plat approval for 15 single family lots.
APPLICANT:
Owner: B.A.V. Development
P.O. Box 1829
Addison, Texas 75001
972-248-2250
FAX: 972-380-5492
Engineer:
Dowdey, Anderson & Associates
5225 Village Creek Drive, Suite 200
Plano, Texas 75093
972-931-0694
FAX 972-931-9538
HISTORY:
On July 20, 2000 the Planning and Zoning Commission
recommended denial of a request to preliminary plat this tract of land.
Concerns of the Planning and Zoning Commission included: the lack
of stub out streets; the impact of this development on the existing
home to the west; the preservation of existing trees; the location of
the sanitary sewer line in relation to Lot 3; the proposed colon and
materials of the proposed walls; and the submission of a HOA
document.
Item # 13
The subject property, as well as the adjacent properlies to the east and
west were recently rezoned from Agriculture (A) to Single Family-12
(SF-12) as part of the city initiated called public hearing. The
ordinance adopting a portion of this change in zoning was approved
by the City Council on July 11, 2000. The ordinance adopting the
rezoning from Retail to SF- 12 on Tract 1 was denied on July 25,
2000.
TRANSPORTATION: MacArthur Boulevard is a P6D thoroughfare currently built as a four-lane
divided street contained within a 110 foot right-of-way DeForest
Road is an unimproved two-lane undivided residential street
contained within a 50 foot right-of-my.
SURROUNDING LAND USE & ZONING:
North - single family; PD 132- SF-9
South - single family; PD 137 - SF
East - single family; SF- 12
West- single family; SF- 12
COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for single
family residential uses.
DISCUSSION:
As discussed, the Planning and Zoning Commission in July denied a
similar request to preliminary plat this property. This revised plat has
addressed most of the issues discussed at the previous public hearing.
B.A.V. Development desires to plat 15 single family lots under the SF-12
zoning district regulations at a density of 2.35 lots per acre. Given the
shape and size of the property, two variances to the Subdivision Ordinance
are being requested. The first variance is to delete the alley requirement,
and the second is to exceed the maximam permitted length of a cul-de-
sac. Staff is in support of the variance to the alley requirement.
Per Section 1.A.8 of Appendix C, of the Subdivision Ordinance the
maximum length of a cul-de-sac is 600 feet. The plat has been revised so
that the cul-de-sac length is approximately 630 feet, exceeding the
ordinance by 30 feet. The Fire Marshal did not express concem on the
length of the cul-de-sac. He is requiring, however, the removal of the
proposed median in the cul-de-sac. This median could potentially obstruct
the fire truck's access to the abutting lots.
Lotling Pattern:
As discussed above, the preliminary plat indicates 15 single family lots on
a cul-de-sac, with three HOA lots. HOA Lot 7X is adjacent to the flood
plain on the north, and HOA Lot 15X is to accommodate the screening
Item # 13
fence along MacArthur Blvd. As noted above, staff is recommending the
deletion of HOA Lot 8X which is in the median of the cul-de-sac.
This lotting pattern has been revised to provide for a stub out to the east to
allow for the development of the adjacent property. Wellshire Court will
be extended with the development of the adjacent property. As illustrated
in Exhibit "A", this street will allow for the masonable development of the
adjacent property.
Staff has met with the property owner adjacent to the west, Mr. Brewer to
discuss various development options for his property, with and without a
street stubbed out. A response from Mr. Brewer is expected prior to the
September 21, 2000 public hearing.
Another concem with the previous request was the configuration of Lot 3
on the eastside of Canterbury Court in relation to the existing 20 feet
sanitary sewer line. This issue had been resolved with the alignment of
Wellshire Court over the sewer line and the meonfiguration of Lots 3 and
4. The 70 foot front building line on Lot 3 is added to assure the minimum
lot width of 85 feet, as measured at the building line as required by the SF-
12 zoning.
Tree Preservation
As indicated on the Tree Survey, there are a significant number of trees in
the northern portion of the property. Many of these trees exceed 10 inches
in caliper and a majority are Cedar Elms, with a number of Elms, Ash and
Pecan trees. As discussed in the previous case, the preservation of as
many of these significant trees as possible needs to be made a part of this
development. The applicant has slightly shortened the cul-de-sac and
added a median in an effort to save a few trees. However, as previously
stated, the trees in the median can not be preserved due to the physical
constraints imposed by the Fire Department. Staff had also recommended
that the width of Lot 7X (HOA Lot) be enlarged by a width of 20 to 30
feet in an effort to preserve more trees. Staff feels that the preservation of
this significant tree stand on an enlarged HOA lot will also serve as an
amenity for this development as well as the City of Coppell.
Similar to the previous request, the Tree Mitigation Plan initially
addresses the 261 caliper inches of trees (mostly Cedar Elms) that will be
removed with the street right-of-way and utility easements. The applicant
is requesting that these trees be mitigated through the planting of trees
along the street frontages and by planting four (4), four inch (4") caliper
trees per lot, on lots 1-4 and 11-15. These lots currently do not have any
trees. Even though the proposal to allow for trees to be mitigated on
individual residential lots is not specifically provided for in the Tree
Preservation Ordinance, it may be acceptable if the developer agrees to
Item# 13
ensure the maintenance and replacement, when necessary, of the new trees
for a period of two years. As discussed in the attached memo from Brad
Reid, ~he developer should not be allowed to plant the trees and walk
away without a commitment to the health of the trees. This stipulation is
placed on commercial properties, where landscape credits are allowed. It
is also recommended the developer show an estimated size, location and
minimum elevation for a proposed house slab on each lot where trees are
scheduled for preservation. The elevation at which the homes are built
could have a dramatic impact on the long term survivability of the
preserved trees.
The applicant is also requesting consideration to allow for the mitigation
of trees on the individual lots on a lot-by-lot basis by the lot
owner/building, minimizing the developer's up front costs. Again, this
plan does not meet the spirit or intent of the Tree Preservation Ordinance.
However, the Tree Mitigation Plan includes a table of the estimated
reparation schedule on a per lot basis. If this table is included on the final
plat document, so that the lot purchasers are made aware of these financial
commitments as well as the number of trees that are required to be
preserved, then it may be acceptable. Staff is also requesting that an
exhibit be produced which illustrates reasonable building pads on those
lots which the trees are targeted for preservation.
Landscape/Screening Plan
The landscape plan indicates entry feature landscaping at the intersection
of MacArthur Blvd, and DeForest Road and landscape buffers along these
two streets. Specifically, a landscaped area containing ornamental trees,
shrubs and flowers are proposed for an area extending 75 feet along
MacArthur and 150 feet along Deforest Road. Behind this entry feature
landscaping, a six (6) foot stone wall with the subdivision name in cast
stone is being requested. Beyond this area, the screening devise changes
to a reddish- brown thin-wall brick, with cast stone caps at the columns,
spaced 30 feet on center. Between this wall and the fight-of-way for
MacArthur Boulevard, eight (8) Cedar Elms are proposed to be planted
approximately 50 feet on center within a 15 foot landscape buffer. Along
DeForest Road, east of proposed Canterbury Court, three (3) Live Oaks
trees are proposed within an eight (8) foot landscape buffer. As discussed
in the previous plan, additional specification is needed as to the color and
materials intended for the thin wall brick and it's compatibility with the
Stone Radius Wall. The color board submitted only includes the stone
material.
A draft of the Homeowner's association documents has been submitted
and is currently being reviewed by the City attomey's office.
Item # 13
Finally, it has been determined that a portion of this land was previously
platted in Denton County as Creek Bend Estates. Therefore, when the
final plat is submitted, it needs to be rifled a Final Plat of Canterbury
Court, and also being a re-plat of portions of Tracts 1 and 2 and all of
Tract 3 of Creek Bend Estates.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Preliminary Plat for
Canterbury Court, subject to:
1. City Council approval of the alley elimination.
2. City Council approval of the cut-de-sac length of 630 feet.
3. The median and proposed trees in the cut-de-sac being removed.
4. Submission of a revised color board to include the color and materials
proposed for the thin brick portion of the screening wall.
5. Final detenninarion from the abutting property owner to the west as to
a need for an access point into his property to allow for its eventual
redevelopment.
6. The Final Plat being titled a "Final Plat of Canterbury Court, being a
re-plat of pertions of Tracts 1 and 2 and all of Tract 3 of Creek Bend
Estates and previously un-platted property."
7. Approval of the Homeowner's association documents by the City
Attorney.
8. The 261 callper inches of trees to be removed to allow for the
construction of streets and utilities may be replaced with street trees
and trees on lots 11-15, 1-4 and lot 5 subject to:
· The minimum caliper of the replacement trees shall be 4" at the
time of planting.
· A minimum of 4 trees shall be planted on each of these lots, except
for Lot 5, which shall have a minimum of 2 trees.
· The developer agrees to ensure the maintenance and replacement,
when necessary, of the new trees for a period of two years from the
time of planting.
9. Trees on individual lots may be mitigated on a lot-by-lot basis subject
to:
· The developer submitting an exhibit indicating the estimated
size, location and minimum elevation for a proposed slab on
each lot where trees are scheduled for preservation.
· The Tree Reparation Schedule shall be included on the Final
Plat.
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.
Item # 13
ATTACHMENTS:
1)
2)
3)
4)
5)
6)
7)
8)
Memo from Brad Reid, dated September 14, 2000
Preliminary Plat
Exhibit "A"
Tree Mitigation Plan
Existing Tree Survey
Wall Plans
Landscape Plan
Preliminary Irrigation Plan
Item# 13
COPFELL AGENDA REQUEST FORM
~CITY COUNCIL MEETING: October 10, 2000 ITEM # ~,~
ITEMCAPTION:
Consider approval of the Creekview 2. Lot 3. Block B. Site Plan, to allow the development of an office
building on approximately 1.95 acres of property located along the east side orS. Denton Tap Road; south of
Bethel Road.
SUBMITrED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Nesbit, McGahey, Kittrell,
Approval is recommended, subject to the following conditions:
1) The applicant shall request replat approval for Lot 3, Creclndew II. All fire lane easements
shall be designed to the satisfaction of the Fire Marshal. (CONDITION PARTIALLY MET)
2) City Council must approve the proposed living screen in lieu of a 6'-high masonry wall.
3) Shoxv proposed color of materials on monument sign and light source, if any. (COND. MET)
4) Provide a note on the site plan that all mechanical units shall be screened from vie~v.
(CONDITION MET)
5)
Provide detailed information on proposed "security lighting", including manufacturer's
specifications, lumens, and height, to ensure that all lighting is sufficien~y shielded from
adjacent residential properties. (CONDITION MET)
6)
7)
8)
9)
Staff recomrnends approval.
Eliminate t~vo trees sho,~m to be located within the proposed parking lot. (CONDITION MET)
If additional retaining walls are required, they shall be designed to match the proposed
pavestone retaining wails.
The parking island creating a situation with less than 5 parking spaces shall be eliminated.
(CONDITION MET)
Landscape Plan and Site Plan need to be consistent (entrance radii).
FIN. REVIEW:C~ CITY MANAGER REVIEW:
Document Name: @CreekvSP
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: CREEKVIEW 2, LOT 3, BLOCK B, SITE PLAN
P & Z HEARING DATE:
C.C. HEARING DATE:
September 21, 2000
October 10, 2000
LOCATION:
Along the east side of S. Denton Tap Road; south of Bethel Road.
SIZE OF AREA:
Approximately 1.95 acres of property.
CURRENT ZONING:
R (Retail)
REQUEST:
Site Plan approval for a 2-story office building.
APPLICANT:
Applicant:
Creekview II Parmers, L.P.
465 S. Denton Tap Road
Coppell, Texas 75019
(972) 4894140
Fax: 972-393-3917
Engineer:
Nathan D. Mater Consulting Engineers
8080 Park Lane, Suite 600
Dallas, Texas 85231
(214) 7394741
Fax: 214-739-5961
HISTORY:
Lot 3, Block B Creekview 1I was originally platted as part of the
Creekview Addition. City Council approved a final plat on June 8,
1993 for Phase II in its entirety.
TRANSPORTATION:
Denton Tap Road is a P6D, six-lane divided improved major
thoroughfare contained within a 120' right-of-way. Bethel Road is an
improved residential mad east of Denton Tap within an 80-foot right-
of-way.
SURROUNDING LAND USE & ZONING:
North- existing optometrist's office, "R" Retail
South - existing plant nursery; "R" Retail
East - single-family; "PD-SF-9", Planned Development Single-Family
West - vacant; "PD-LI", for church use
Item# 15
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
retail development.
DISCUSSION:
The applicant is requesting the development of a two-story, 16,200 square
foot office building on 1.95 acres of property, The site contains a significant
amount of trees, with the rear portion of the site located within the 100-year
floodplain. No ground disturbance will occur within the floodplain. The
proposed layout of the site allows for the preservation of most of the existing
trees, which range in size from 7" to 30" in caliper. As a result of the
development, only four trees will be lost, with the largest measuring 10" in
caliper. Staff commends the applicant's efforts to preserve such a large
number of trees located throughout the site.
The design of the site is unique in that the office building is separated from
the parking lot by a channel. A 70' long elevated wood walkway and deck
over a natural, undisturbed area will provide access to the building from the
parking lot. This undisturbed area contains at least 30 existing trees.
The architecture of the proposed office building will be of a scale similar to
the adjacent office buildings to the north, measuring approximately 34' in
height to the peak. The primary exterior material will be red brick,
supplemented by a lighter (tan) stone around the bottom 4-5 feet of the
building. White accent brick will surround all windows.
According to Section 33-1 of the Zoning Ordinance, a six-foot screening
fence would be required between this use and the residential subdivisions
to the east. This fence would be required to be placed within the heavily
treed, flood plain area. Staff has recommended that a note be placed on
the site plan to request City Council waive this screening fence
requiremere, per sub-section 33.1.8 of this Ordinance. This heavily treed
area should be a sufficient visual buffer between this office and the
existing residential uses and staff is in support of this request.
Paring
As shown on the site plan, there is one row of parking toward the rear of the
site, which contains less than the minimum 5 spaces. The situation has been
created because of the preservation of two existing trees within the landscape
island, The applicant will be required to apply for a Special Exception to the
Board of Adjustment, per Section 34-1-8 0it.3) of the Landscape Ordinance
allowing for rows of parking with less than 5 spaces.
Item# t5
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the proposed site plan subject to the following conditions:
1)
2)
3)
4)
5)
6)
7)
8)
The applicant shall request replat approval for Lot 3, Creekview II. All fire
lane easements shall be designed to the satisfaction of the Fire Marshal.
Special Exception approval by the Board of Adjustanent, per Section 34-1-8
(B.3) of the Landscape Ordinance allowing for rows of parking with less than
5 spaces.
City Council must approve the proposed living screen in lieu of a 6'-high
masonry wall.
Show proposed color of materials on monument sign and light source, if any.
Provide a note on the site plan that all mechanical units shall be screened
fi'om view.
Provide detailed information on proposed "security lighting", including
manufacturer' s specifications, lumens, and height, to ensure that all lighting
is sufficiently shielded from adjacent residential properties.
Eliminate two trees shown to be located within the proposed parking lot.
If additional retaining walls are required, they shall be designed to match the
proposed pavestone retaining walls.
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)
Site Plan
Landscape Plan
Topographic Survey
Tree Survey
Elevations (Sheets A-5 & A-6)
Item# 15
T H E . C I T Y · 0 F
COPPEEL AaF, NDA RF, Uv, ST FORM
~~ CITY COUNCIL MEETING: October 10, 2000 ITEM # ~ 7
ITEM CAPTION:
Consider approval of the Coppell Center for the Arts. Site Plan Amendment, to provide two additional
disabled parking spaces and air conditioning unit on 1 acre of property located at 157 S. Moore Road; south
of Sandy Lake.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 21, 2000
Decision of P&Z Commission: Approved (6-0) with Commissioners
McCaffrey, Halsey and Stewart voting in favor. None opposed.
Nesbit, McGahey, Kittrell,
Approval is recommended, subject to the following condition:
1 ) Dwarf Burford Hollies shall be installed on the west and south sides of the cooling unit to
adequately screen from view.
Staff recommends approval.
DIR. INITIALS: ?g~' ' FIN. REVIEW:
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
Document Name: @CCAspa
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL CENTER FOR THE ARTS
SITE PLAN AMENDMENT
P & Z HEARING DATE:
C.C. HEARING DATE:
September 21, 2000
October 10, 2000
LOCATION:
West side of Moore Road; south of Sandy Lake Road.
SIZE OF AREA:
Approximately one acre of property.
CUR]~NT ZONING:
SF-12 (Single Family-12)
REQUEST:
APPLICANT:
H/STORY:
Site Plan amendmere to modify the number of handicap parking
spaces from 2 to 4 and add air conditioning equipment.
Applicant:
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
972462-0022
This property was adapted from a~m station to the City's Cultural
Arts facility in 1998, designating 4 handicapped parking spaces. The
plan was reviewed and approved by the Texas Department of
Licensing and Regulations relative to compliance with the American
Disability Act requirements. During the State review it was noted
that the provision of only two ADA parking spaces would meet
federal guidelines. In response to this determination, the two State
required spaces were constructed and the two additional spaces were
omitted.
Soon thereafter, it was brought to the City' s attention that them was a
discrepancy between the approved plan and the site. On July 11,
2000 City Cotmcil approved an amendmere to the site plan showing
only two ADA parking spaces, consistent with what is on the ground
today.
Item # 16
TRANSPORTATION: Moore Road is a C2U undivided street contained within a 60-foot
right of way and is built to standard.
SURROUNDING LAND USE & ZONING:
North- Single-family residential; SF-12
South - Austin Elementary School; SF- 12
East - Single-family residences; PD SF-7
West - Austin Elementary School; SF-12
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
public/institutional uses.
DISCUSSION:
The City is requesting to again provide a total of four handicapped
spaces. The request to provide two additional handicapped spaces is
in response to a citizen complaint with the Texas Department of
Licensing and Regulation. Initially, two ADA spaces were required
based on the provision of 40 on-site spaces. However, it has been
determined that the required number of ADA spaces shotrid be based
on on-site and off-site spaces available through the shared parking
agreement at Austin Elementary School.
In addition to the request to revise the parking the City is also
requesting to install a 10-ton cooling unit with accessory ductwork at
the rear of the building (west side). The cooling unit measures 7' in
length, 3' in width and 4' in height. The concrete support pad for the
cooling unit is shown to measure 9' x 9' square; however, it has been
determined that the unit can be placed lengthwise against the
building, reducing the width of the concrete pad. Staff has
recommended that Dwarf Burford Hollies be installed on the south
and west sides of the unit to adequately screen the unit from view.
The ductwork connecting the unit to the interior of the building will
project 1' from the building wall, however, it will be covered and
painted red oxide to match the building. Although our preference
would suggest a roof mounted air conditioning unit, a structural
engineer investigation has determined the roof can not support the
added weight of the air conditioning unit.
Item# 16
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of both the provision of the additional
handicapped spaces and the installation of the cooling unit subject to the
following conditions:
1) DwarfBurford Hollies shall be installed on the west and south sides
of the cooling unit to adequately screen from view.
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 ) Site Plan
2) West side elevation
3 ) South side elevation
Item # 16
COPFELL AGENDA REQUEST FORM
~~ CITY COUNCIL MEETING: October 10, 2000 ITEM # ~
ITEM CAPTION: Consider approval of amending and restating the Tax Abatement Agreement between the
City of Coppell and Prentiss Properties Acquisition Partners, L.E dated December 8, 1998, and authorizing
the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Dizector of Planning
STAFF COMMENTS: On September 6, 2000, the Coppell Economic Development Committee
recommended approval of this item. This amendment is to lower the required taxable value of the
improvements to Five Million Five Hundred Thousand Dollars ($5,500,000).
BUDGET AMT. $
FINANCIAL COMMENTS:
A1VIT. EST. $
FIN. REVIEW~
+\-BID $
CITY MANAGER REVI :
Document Name: $prentam.doc
STATE OF TEXAS
COUNTY OF DALLAS
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT
LAKEVIEW CENTER
This Amended and Restated Tax Abatement Agreement (the "Agreement") is entered into
by and between the City of Coppell, Texas (the "City"), a home rule city and municipal corporation
of Dallas County, Texas, duly acting herein by and through its Mayor, and Prentiss Properties
Acquisition Partners, L.P. CPrentiss"), acting by and through its authorized officer.
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 23 (the "Zone"),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
goveming tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Prentiss' development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council fmds that the contemplated use of the Premises (hereinafter
defined), the contemplated improvements to the Premises thereto in the amount set forth in this
Agreement, and the other terms hereof are consistent with encouraging development of the Zone in
accordance with the purposes for its creation and/or in compliance with the Tax Abatement
Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and
WHEREAS, the parties entered into that certain Tax Abatement Agreement dated
December 8, 1998 (the "Original Agreement"); and
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 1 362~0
WHEREAS, the City Council finds that the improvements sought are feasible and
practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone
and to the City after expiration of this Agreement; and
VffIEREAS, Section 312.208 of the Tax Code permits the modification of tax abatement
agreements; and
WHEREAS, the parties desire to amend the terms of the Original Agreement; and
WHEREAS, a copy of this Agreement has been fumished, in the manner proscribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
GENERAL PROVISIONS
1. Prentiss is the owner of real property described in Exhibit "A" attached hereto and
made a part hereof for all purposes (the "Premises" hereinafter defined), which real property is
located within the city limits of the City and within the Zone.
2. The Premises are not in an improvement project financed by tax increment bonds.
3. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
4. The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
TAX ABATEMENT AUTHORIZED
5. This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City
authorizing the execution of this Agreement.
6. Subject to the terms and conditions of this Agreement, and provided that the
combined Taxable Value for the Premises is at least Five Million Five Hundred Thousand Dollars
($5,500,000) as of January 1 of the First Year of Abatement and as of January 1 of each year
thereafter for a period of four (4) years, the City hereby grants Prentiss an abatement of seventy-five
percent (75%) of the Taxable Value of the Premises for a period of five (5) years. The actual
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 2 36260
percentage of taxes subject to abatement for each year of this Agreement will apply only to the
portion of the Taxable Value of the Premises that exceeds the Base Year Taxable Value for the
Promises, the year in which this Agreement is executed (base year/1998).
7. The period of tax abatement heroin authorized shall be for a period of five (5) years.
8. During the period of tax abatement heroin authorized, Prentiss shall be subject to all
City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. The "Premises" shall mean the real property described in Exhibit "A" attached
hereto and incorporated heroin for all purposes including any Improvements;
B. The "Improvements" shall mean the contemplated improvements to be
constructed on the Promises and as further described herein.
C. "Taxable Value" means the appraised value as certified by the Appraisal District
as of January 1 of a given year.
D. The "Base Year Taxable Value" shall mean the total assessed taxable value for
the Premises for the year in which the Tax Abatement Agreement is executed (1998).
E. The "First Year of Abatement" shall mean January 1 of the calendar year
inmaediately following the issuance of the last certificate of occupancy for the
Improvements.
F. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or
termination of Prentiss' existence as a going business, insolvency, appointment of
receiver for any part of Prentiss' property and such appointment is not terminated within
sixty (60) days after such appointment is initially made, any general assignment for the
benefit of creditors, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Prentiss and such proceeding is not dismissed within sixty
(60) days after the filing thereof.
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 3 36260
IMPROVEMENTS
10. Prentiss owns the real property described in Exhibit "A" located at 1199 Beltline
Road, Coppell, Texas and agrees to construct or cause to be constructed thereon Lakeview Center
an office/warehouse/distribution facility consisting of approximately 104,000 square feet (and other
ancillary facilities such as reasonably required parking and landscaping more fully described in the
submittals filed by Prentiss with the City from time to time in order to obtain a building permit) to
be known as Park West Commerce Center, (the "Improvements"). The cost of the Improvements
excluding the land shall be at least Five Million Five Hundred Thousand Dollars ($5,500,000). The
Taxable Value of the Improvements excluding the land, shall be no less than Five Million Five
Hundred Thousand Dollars ($5,500,000) as of January 1 of the First Year Of Abatement and as of
January 1 of each year thereafter for a period of four (4) consecutive years. Nothing in this
Agreement shall obligate Prentiss to construct the Improvements on the Premises, but said action is
a condition precedent to tax abatement pursuant to this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Prentiss will diligently and faithfully, in good and workmanlike manner, pursue the
completion of the contemplated Improvements on or before December 31, 1999, 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 Prentiss shall have such additional time to complete and maintain the
Improvements as may be required in the event of "Fome Majeure," if Prentiss 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 Prentiss including, without limitation,
acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather,
govemment or de facto govemmental action (unless caused by acts or omissions of Prentiss), fires,
explosions or floods, strikes, slowdowns or work stoppages, shortages of material or labor, or
delays caused by the City.
12. Subject to events of casualty, condemnation or Force Maj eure, Prentiss agrees to
maintain the Improvements during the term of this Agreement in accordance with all applicable
state and local laws, codes, and regulations. Prentiss agrees that the Improvements shall be used
only as an office/warehouse/distribution facility for a period of five (5) years commencing on the
date the last certificate of occupancy is issued for the Improvements.
13. The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Prentiss, and in accordance with Prentiss' visitor access and security policies, in order to insure that
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 4 36260
GENERAL REQUIREMENTS
14. Construction plans for the Improvements constructed on the Premises will be filed
with the City, which shall be deemed to be incorporated by reference heroin and made a part hereof
for all purposes.
15. After completion of the Improvements, Prentiss shall certify in writing to the City
the construction cost of the Improvements. Prentiss shall also annually certify to the City that it is
in compliance with each term of the Agreement.
16. The Promises and the Improvements constructed thereon at all times shall be used in
the manner (i) that is consistent with the City' s Comprehensive Zoning Ordinance, as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
17. Prentiss agrees to provide to the tenants of the Premises, the benefit of the
abatement of real property taxes granted herein. Prentiss shall, upon written request, provide the
City with satisfactory evidence that the benefits of this Agreement have been provided to the
tenants of the Premises.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event Prentiss fails in performance of any of the following conditions: (i)
completion of the Improvements in accordance with this Agreement or in accordance with
applicable State or local laws, codes or regulations; (ii) have any delinquent ad valorem or State
sales taxes owed to the City with respect to the Premises (provided Prentiss retains its right to
timely and properly protest such taxes or assessment); (iii) upon the occurrence of any "Event of
Bankruptcy or Insolvency"; or (iv) breaches any of the material terms and conditions of this
Agreement, then Prentiss, after the expiration of the notice and cure periods described below, shall
be in default of this Agreement. (an "Event of Default"). As liquidated damages in the "Event of
Default" and during the continuance of such "Event of Default", Prentiss shall, within thirty (30)
days after demand, pay to the City all taxes which otherwise would have been paid to the City
without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as
determined by Section 33.01 of the Tax Code as amended but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The parties further agree that any property tax revenue lost, including
interest as a result of this Agreement, shall be recoverable against Prentiss, its successors and
assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be
paid to the City within thirty (30) days after termination.
19. Upon breach by Prentiss of any material obligations under this Agreement, the City
shall notify Prentiss in writing. Prentiss shall have thirty (30) days from receipt of the notice in
which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day
period, and Prentiss commences action reasonably calculated to cure such "Event of Default"
within said thirty (30) day period and continues thereafter to diligently prosecute the same to
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER ~ Page 5 36260
conclusion. Prentiss shall have up to, but not exceeding, an additional sixty (60) days in which to
effectuate the cure of such broach. The City in its discretion may extend the period in which the
violation must be cured.
20. If Prentiss fails to cure the default within the time provided as specified above or, as
such time period may be extended, an "Event of Default" shall be deemed to have occurred and
during the continuance of such "Event of Default", then the City at its sole option shall have the
right to terminate this Agreement by written notice to Prentiss.
21. Upon termination of this Agreement by City, all tax revenue abated as a result of
this Agreement shall become a debt to the City as liquidated damages, and shall become due and
payable not later than thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the recaptured tax revenues provided generally in the Tax Code for
the collection of delinquent property tax. The City at its sole discretion has the option to provide a
repayment schedule. The computation of tax revenue abated for the purposes of the Agreement
shall be based upon the full Taxable Value without tax abatement for the years in which tax
abatement hereunder was received by Prentiss with respect to the Premises as determined by the
Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax
Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes
and shall commence to accrue after expiration of the thirty (30) day payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION
22. It shall be the responsibility of Prentiss, pursuant to the Tax Code, to file an annual
exemption application form with the Chief Appraiser for each Appraisal District in which the
eligible taxable property has situs. A copy of the exemption application shall be submitted to the
City.
23. Prentiss shall annually render the value of the Premises to the Appraisal District
and provide a copy of the same to the City.
SUCCESSORS AND ASSIGNS
24. This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
Agreement may not be assigned without the consent of the City Manager, which shall not be
unreasonably withheld or delayed. After any permitted assignment, all references to Prentiss herein
shall thereafter be a reference to Prentiss' successor with respect to any obligations or liabilities
occmring or arising after the date of such assignment.
NOTICE
25. All notices required by this Agreement shall be addressed to the following, or other
such other party or address as either party designates in writing, by certified mail, postage prepaid
or by hand delivery:
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 6 36260
If intended for Prentiss, to:
Prentiss Properties Acquisition Partners, L.P.
Attn: Dennis J. DuBois
3890 W. Northwest Hwy.
Suite 400
Dallas, Texas 75220
If intended for City, to:
City of Coppell, Texas
City Manager
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
26. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
TAXPAYER AUTHORIZATION
27. This Agreement was authorized by the Board of Directors of Prentiss authorizing
the undersigned to execute this Agreement on behalf of Prentiss.
SEVERABILITY
28. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 7 36260
APPLICABLE LAW
29. This Agreement shall be construed under the laws of the State of Texas. Venue for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
COUNTERPARTS
30. 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.
ENTIRE AGREEMENT
31. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein carmot be modified without
written agreement of the parties to be attached to and made a part of this Agreement.
32. The provisions of this Agreement are hereby declared covenants nmning with the
Premises and are fully binding on all successors, heirs, and assigns of Prentiss who acquire any
right, title, or interest in or to the property, or any part thereof. Any person who acquires any right,
title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by
and fully perform the provisions of this Agreement with respect to the right, title or interest in such
Promises.
RECORDATION OF AGREEMENT
33. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
INCORPORATION OF RECITALS
34. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
35. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
CONSTRUCTION
36. Both parties have participated in the negotiation and preparation of this Agreement.
This Agreement shall not be constructed more or less strongly against either party. Prentiss
acknowledges that it has obtained legal counsel to assist in the preparation of this Agreement and
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 8 36260
that Prentiss has fully satisfied itself, without warranty or representation not expressly contained
heroin, by City that the tax abatement contemplated hereby is available in all respects.
EXECUTED in duplicate originals this the
day of ,2000.
CITY OF COPPELL, TEXAS
ATTEST:
By:
CANDY SHEEHAN, MAYOR
By:
LIBBY BALL, CITY SECRETARY
AGREED AS TO FORM:
By:
EXECUTED in duplicate originals this the~/~day of . .7~ ,2000.
PRENTISS PROPERTIES ACQUISITION
PARTNERS, L.P., a Delaware limited partnership
By:
Prentiss Properties I, Inc. a general
parmer
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 9 36260
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 10 36260
PRENTISS' ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
:zgC,k day of ,fe, p~e-r~be(,
2000, by T. [(~¢z~vx ~ilbe~i<, .5C V;CC flf~,'A~ ofPrentiss Propenies I, Inc.
a general p~ner Br Prentiss Prope~ies Acquisition Paaners, L.P., a Delaw~e limited
pa~nership, on behalf of said p~nership.
~/~N:tary Public,~tat~oiTexas
My Commission expires:
:~ty /% ~ t
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT LAKEVIEW CENTER - Page 11 36260
y,.,uilBIT A
LEGAL DESCRIPTION
Being a tract of land situated in the James A. Simmons Survey Abstract No. 1196, in the
City of Coppell, Dallas County, Texas, and being all of Lot 2, Block 5 of Park West
Commerce Center as recorded in Volume 98191, Page 33 Dallas County Deed Records
(D.C.D.R.), and being more pax~c-l~rly alesen'bed as follows;
COMMENChN'G at a F-inch iron rod with a yellow plnstlc cap st~rnpcd '11'alff' A,ssoc"
(hereafter called "'with cap"), found at the northwest comer of said Lot 1, Block 5 of Park
West Commerce Center Volume 98191 Page 33, said point being located along the south
right-of-way of Airline Drive (60 feet wide);
TKBNCB South 00 degrees 53 flutes 14 seconds West along the west line of said Lot I,
Block 5, a distance of 645.50 feet to the POINT OF BEGINNING, said point being the
northwest comer of said Lot 2, Block 5;
THENCE South'89 degrees 06 minutes 46 seconds East departing said wast line, a distance
of 981.45 feet to a point on the west line of Beltline Road (120 foot right-of-way at this
point);
TKENCE South 01 degrees 15 minutes 30 seconds West along said west llne, a distance of
442.57 feet to a point for a comer,,
THENCE South 08 degrees 05 minutes 05 seconds West continuing along said west line, a
distance of 100.71 feet to a point for a comer;,
THENCE South 01 degrees 15 minutes 30 seconds West continuing along said west line, a
distance of 100.00 feet to a point for a comer, said point being at a comer clip located at the
intersection of said west line of Beltlinc Road with the north line of Wrangler Drive;
THENCE South 46 degrees 04 minutes 22 seconds West along said comer clip, a distance
of 28.41 feet to a point for comer of said north line of Wrangler Drive (65 foot right-of-
way);
TI-IENCE North 89 degrees 06 minutes 46 seconds West along said north line, a distance of
945.13 feet to a ~-inch iron rod with cap found for a comer at the southwest comer of said
Lot 2, Block 5;
THENCE North 00 degrees 53 minutes 14 seconds Bast departing said north line and along
the west line of said Lot 2, Block 5, a distance of 662.49 fcct to the POINT OF
BEGIRoNING AND CONYAINING 646,536 square feet or 14.842 acres of land more or
less.
~CITY COUNCIL MEETING: October 10, 2000 ITEM
ITEM CAPTION: Consider approval of amending and restating the Tax Abatement Agreement between the
City of Coppell, Prentiss Properties Acquisition Parreefs, L.E and International Business Machines dated
December 8, 1998, and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS: On September 6, 2000, the Coppell Economic Development Committee
recommended approval of this item. The amendment is lowering the required taxable value of the
improvements to Nine Million Eight Hundred Thousand Dollars ($9,800,000), and to lower the taxable value
of the tangible personal property to Four Hundred Fifty Thousand Dollars ($450,000).
BUDGET AMT. $
FINANCIAL COMMENTS:
~. ~,~,: ~g'
Agenda Request Form - Revised 5/00
AMT. EST. $
FIN. REVIEW:
+k-BID $
CITY MANAGER REVIEW:
Document Name: $prenibm.doc
STATE OF TEXAS
COUNTY OF DALLAS
AMENDED AND RESTATED TAX
ABATEMENT AGREEMENT
IBM CALL CENTER
This Amended and Restated Tax Abatement Agreement (the "Agreement') is entered into
by and among the City of Coppell, Texas (the "City"), a Home Rule City and municipal
corporation of Dallas County, Texas, duly acting herein by and through its Mayor, Prentiss
Properties Acquisition Partners, L.P., CPrentiss") and International Business Machines ("IBM"),
acting by and through their respective authorized officer.
WITNESSETH:
WHEREAS, the City Council of the City, passed an Ordinance (the "Ordinance")
establishing Tax Abatement Reinvestment Zone No. 22 (the "Zone"), for commercial/industrial tax
abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of
the Tax Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, the parties entered into that certain Tax Abatement Agreement dated
December 8, 1998 (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 interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Prentiss' development described herein will create permanent new jobs in the
City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), the contemplated improvements to the Premises in the amount set forth in this Agreement,
and the other terms hereof are consistent with encouraging development of the Zone in accordance
with the purposes for its creation and/or in compliance with the Tax Abatement Guideline, the
Ordinance adopted by the City, the Tax Code and all other applicable laws; and
TAX ABATEMENT AGREEMENT - Page 1 36269
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Million Five Hundred Thousand Dollars ($5,500,000) as of January 1, of the First Year of
Abatement and as of January 1 of each year this Agreement is in effect, the City hereby grants
Prentiss an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements and
grants IBM an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible
Personal Property located on the Premises, for a period of four (4) years. The actual percentage of
taxes subject to abatement for each year of this Agreement will apply only to the portion of the
taxable value of the Improvements that exceeds that property's Taxable Value for the year in which
this Agreement is executed (base year/1998). The tax abatement agreement for Tangible Personal
Property will only apply to the Tangible Personal Property added to the Premises after the Original
Agreement was executed.
7. The period of tax abatement herein authorized shall be for a period of four (4) years.
8. During the period of tax abatement herein authorized, Prentiss and IBM shall be
subject to all City taxation not abated, including but not limited to, sales tax and ad valorem
taxation on land, inventory and supplies.
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. The "Premises" shall mean the property described on Exhibit "A" attached
hereto and incorporated herein for all purposes including any Improvements and Tangible
Personal Property, excluding inventory and supplies, which is added to the property
subsequent to the execution of this Agreement;
B. The "Improvements" shall mean the contemplated improvements described
herein located on the Premises and as further described in the plans submitted to the City,
including but not limited to buildings, structures, tangible personal property, equipment,
and fixtures added to the Premises other than inventory and supplies.
C. The "Taxable Value" shall mean the appraised value as certified by the
Appraisal District as of January 1 of a given year.
D. The "Base Year Taxable Value" shall mean the total assessed taxable value
for the year in which the Tax Abatement Agreement is executed (1998).
E. The "First Year Of Abatement" shall be January 1, 2000.
F. "Tangible Personal Property" shall mean tangible personal property,
equipment and fixtures other than inventory or supplies added to the Premises subsequent to
the execution of this Agreement.
TAX ABATEMENT AGREEMENT - Page 3 36269
G. "An Event of Bankruptcy or Insolvency" shall mean the dissolution or
termination of a party's existence as a going business, insolvency, appointment of
receiver for any part of a party's property and such appointment is not terminated within
sixty (60) days after such appointment is initially made, any general assignment for the
benefit of creditors, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against a party, as the case may be, and such proceeding is not
dismissed within sixty (60) days after the filing thereof.
IMPROVEMENTS
10. Prentiss is the owner of the real property described in Exhibit "A" and agrees to
construct or cause to be constructed on the Premises an office/warehouse/facility consisting of
approximately 150,000 square feet (and other ancillary facilities such as required parking and
landscaping more fully described in the submittals filed by Prentiss with the City fxom time to time
in order to obtain a building permit) (the "Improvements"). The cost of the Improvements should
be approximately Seventeen Million Dollars ($17,000,000). The approximate location of the
Improvements will be shown on a Site Plan of the Premises to be submitted to the City. The
Taxable Value of the Improvements, excluding the land shall be no less than Nine Million Eight
Hundred Thousand Dollars ($9,800,000) as of January 1 of the First Year Of Abatement and as of
January 1 of each year thereafter for a period of three (3) consecutive yeas. The Taxable Value of
the Tangible Personal Property shall be no less than Four Hundred Fifty Thousand Dollars
($450,000) as of January I of the First Year Of Abatement. Nothing in this Agreement shall
obligate Prentiss to construct the Improvements on the Premises, or IBM to locate Tangible
Personal Property on the Premises, but said actions are a condition precedent to tax abatement
pursuant to this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Prentiss will diligently and faithfully, in good and workmanlike manner, pursue the
completion of the contemplated Improvements on or before December 31, 1999, 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 Prentiss shall have such additional time to complete the Improvements as
may be required in the event of "Fome Majeure," if Prentiss 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 Prentiss including, without limitation, acts of God or the
public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto
govemmental action (unless caused by acts or omissions of Prentiss), fires, explosions or floods,
strikes, slowdowns or work stoppages, shortages of material or labor, or delays caused by City.
12. Subject to events of casualty, condemnation or Force Maj eure, Prentiss agrees to
maintain the Improvements during the term of this Agreement in accordance with all applicable
state and local laws, codes, and regulations.
TAX ABATEMENT AGREEMENT - Page 4 36269
13. Pmntiss agrees to provide to IBM and any other applicable tenants of the Premises,
the benefit of the abatement of real property taxes granted herein. Prentiss shall, upon written
request, provide the City with satisfactory evidence that the benefits of this Agreement have been
provided to other applicable tenants of the Premises.
14. The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Prentiss and IBM, and in accordance with Prentiss and IBM's visitor access and security policies,
in order to insure that the construction of the Improvements are in accordance with this Agreement
and all applicable state and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
15. Construction plans for the Improvements constructed on the Premises will be filed
with the City. The plans for such Improvements as filed shall be deemed to be incorporated by
reference herein and made a part hereof for all purposes.
16. Subject to events of casualty, condemnation or Force Majeure, Prentiss agrees from
the date a certificate of occupancy is issued until the expiration of this Agreement to continuously
operate and maintain the Premises as an office/warehouse/distribution facility, in compliance with
all applicable federal, state and local laws. IBM agrees to lease the Improvements from Prentiss
and continuously occupy and use the Premises as an office/warehouse/distribution facility for a
period of at least four (4) years commencing the First Year of Abatement.
17. After completion of the Improvements, Prentiss shall certify in writing to the City
the construction cost of the Improvements. Prentiss and IBM shall each annually certify to the City
that they are in compliance with each term of the Agreement.
18. The Promises and the Improvements constructed thereon at all times shall be used in
the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
DEFAULT: RECAPTURE OF TAX REVENUE
19. In the event Prentiss and/or IBM fail in performance of any of the following
conditions: (i) completion of the Improvements in accordance with this Agreement or in
accordance with applicable State or local laws, codes or regulations; (ii) has any delinquent ad
valorem or State sales taxes owed to the City (provided such party retains its right to timely and
properly protest such taxes or assessment); (iii) upon the occurrence of any "Event of Bankruptcy
or Insolvency"; or (iv) breaches any of the material terms and conditions of this Agreement, then
such party, after the expiration of the notice and cure periods described herein, shall be in default of
this Agreement. (an "Event of Default"). As liquidated damages in the "Event of Default," and
during the continuance of such "Event of Default," the "Defaulting Party" shall, within thirty (30)
days after demand, pay to the City all taxes which otherwise would have been paid to the City
TAX ABATEMENT AGREEMENT - Page 5 36269
without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as
determined by Section 33.01 of the Tax Code as amended but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The parties further agree that any property tax revenue lost, including
interest as a result of this Agreement, shall be recoverable against "Defaulting Party", its successors
and assigns and shall constitute a tax lien on the Premises itself and shall become due, owing and
shall be paid to the City within thirty (30) days after termination.
20. Upon breach by Prentiss and/or IBM of any material obligations under this
Agreement, the City shall notify the "Defaulting Party" in writing. Prentiss and/or IBM shall have
thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot
reasonably be cured within a thirty (30) day period, and the "'Defaulting Party" commences action
reasonably calculated to cure such "Event of Default" within said thirty (30) day period and
continues thereafter to diligently prosecute same to conclusion such "Defaulting Party" shall have
up to, but not exceeding an additional sixty (60) days in which to effectuate the cure of such breach.
The City may in its discretion extend the period in which the violation must be cured for an
additional thirty (30) days. The City shall also notify the non-defaulting party who shall have the
same right to cure any such default on behalf of the "Defaulting Party".
21. If a "Defaulting Party" fails to cure the default within the time provided as specified
herein or, as such time period may be extended, an "Event of Default" shall be deemed to have
occmTed and during the continuance of such "Event of Default", then the City at its sole option
shall have the right to terminate this Agreement with respect to the "Defaulting Party" by written
notice to such "Terminated Party."
22. Upon termination of this Agreement by City all tax revenue abated as a result of this
Agreement shall become a debt to the City as liquidated damages, and shall become due and
payable not later than thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the recaptured tax revenues provided generally in the Tax Code for
the collection of delinquent property tax. The City at its sole discretion has the option to provide a
repayment schedule. The computation of tax revenue abated for the purposes of the Agreement
shall be based upon the full taxable value without tax abatement for the years in which tax
abatement hereunder was received by "Terminated Party" with respect to the Premises, as
determined by the Appraisal District, multiplied by the tax rate of the years in question, as
calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as
provided for delinquent taxes shall commence to accrue after expiration of the thirty (30) day
payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION
23. It shall be the responsibility of Prentiss and IBM pursuant to the Tax Code, to file an
annual exemption application form with the Chief Appraiser for each appraisal district in which the
eligible 'taxable property has situs. A copy of the exemption application shall be provided to the
City.
TAX ABATEMENT AGREEMENT - Page 6 36269
24. Prentiss shall annually render the value of the Improvements and IBM shall
mmually render the value of Tangible Personal Property located on the Promises to the Appraisal
District and provide a copy of the same to the City.
SUCCESSORS AND ASSIGNS
25. This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
Agreement may not be assigned without the consent of the City Manager, which shall not be
unreasonably withheld, or delayed.
NOTICE
26. All notices required by this Agreement shall be addressed to the following, or other
such other party or address as either party designates in writing, by certified mail, postage prepaid
or by hand delivery:
If intended for Prentiss, to:
Prentiss Properties Acquisition Partners, L.P.
Arm: Dennis J. DuBois
3890 W. Northwest Hwy
Suite 400
Dallas, Texas 75220
If intended for IBM, to:
International Business Machines
Arm: Craig Anderson
1501 LBJ Freeway
Suite 465
Dallas, Texas 75234
If intended for City, to:
City of Coppell, Texas
City Manager
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
TAX ABATEMENT AGREEMENT - Page 7 36269
500 N. Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
27. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
SEVERABILITY
28. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement, shall be enforceable and
shall be enforced as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
APPLICABLE LAW
29. This Agreement shall be construed under the laws of the State of Texas. Venue for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
COUNTERPARTS
30. 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.
ENTIRE AGREEMENT
31. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein cannot be modified without
written agreement of the parties to be attached to and made a part of this Agreement.
32. The provisions of this Agreement are hereby declared covenants running with the
Premises and are fully binding on all successors, heirs, and assigns of Prentiss who acquire any
right, title, or interest in or to the Premises or any part thereof. Any person who acquires any right,
title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by
and fully perform the provisions of this Agreement with respect to the right, title or interest in such
Premises.
RECORDATION OF AGREEMENT
33. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
TAX ABATEMENT AGREEMENT - Page 8 36269
INCORPORATION OF RECITALS
34. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
35. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
CONSTRUCTION
36. Both parties have participated in the negotiation and preparation of this
Agreement. This Agreement shall not be constructed more or less strongly against either party.
Prentiss and IBM acknowledge that they have obtained, or have had the opportunity to obtain
legal counsel to assist in the preparation of this Agreement and that Prentiss and IBM have fully
satisfied themselves, without warranty or representation not expressly contained herein, by City
that the tax abatement contemplated hereby is available in all respects.
EXECUTED in duplicate originals this the
day of ,2000.
CITY OF COPPELL, TEXAS
ATTEST:
By:
CANDY SHEEHAN, MAYOR
By: _
LIBBY BALL, CITY SECRETARY
AGREED AS TO FORM:
By:
EXECUTED in duplicate originals this the~)-g~ day of~000.
TAX ABATEMENT AGREEMENT - Page 9 36269
PRENTISS PROPERTHiS ACQUISITION
PARTNERS, L.P., a Delaware limited partnership
By: Prentiss Properties I, Inc'., general partner
By:
Nam J. KEVAN DILBECK
SE
Title. NIOR VICE PRESIDENT
EXECUTED in duplicate originals this the~L day of~i~F~n~, 2000.
iNTERNATIONAL BUSINESS MACHINES
a New York Corporation
TAX ABATEMENT AGREEMENT - Page 10 36269
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
TAX ABATEMENT AGREEMENT - Page 11 36269
PRENTISS' ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the d2gC'CA. day of~SeP4'e~d~eC,
2000, by Z~, b(e~', ~ .)~Tfhec-i/-- , .~-L/~ , of Prentiss Properties I, Inc.
general partner for Prentiss Properties Acquisition Partners, L.P., a Delaware limited partnership,
on behalf of said partnership.
My Commission expires:
~5;~/~//~-'/2-,-~ f
TAX ABATEMENT AGREEMENT - Page 12 36269
IBM'S ACKNOWLEDGMENT
STATE OF '7~X~5~ §
COUNTY OF tc{-//&f( §
This instrument was acknowledged before me on the ~___,f/~ day of J~HbeC,
2000, by ~C&~ ~'~ , ~ ~ ff~ ~Cof International Business Machines, a New
York Coloration, on behalf of said Coloration.
t~ Publ of ~4~
My Commission expires:
TAX ABATEMENT AGREEMENT - Page 13 36269
. I.:XHTB'T'~ A
LEGAL DESCRIPTION
Being a tract of land situated in the James A. Simmons Survey Abstract No. 1296, in the
City of Coppcll, Dallas County, Texas, and being all of Lot 1, Block 5 of Park West
Commerce C~nter as recorded in Volumc 98191, Pagc 33 Dallas County De~d P, ccords
(D.C.D.R-), and being more particularly described as follows;
BEGIN'N?ING aI a x/~-inch iron rod with a yellow plastic cap stamped "Halff Assoc"
(heresftcr called "with cap"), found at. the northwest comer of said Lot 1, Block 5 of park
West Commerce Center Volume 98191 Page 33, said point being located along the south
right-of-way of Airline Drive (60 feet wide);
TI-I~NCE South 89 degrees 05 m{nllles 46 seconds East,' along said south right-of-way of
Airline Drive a distance of 760.47 feet to a ~-inch h'on rod with cap found for a comer;,
THENCE South 74 degrees I1 minutes 05 seconds East continuing along said south right-
of-way a distance of 64.05 feet to a x/z-inch rod with cap found for a comer;
TI-I]~CE South 89 degrees 06 minutes 46 seconds East a distance of 124.92 feet to a ~-
inch iron rod with cap found for a comer at the northwest point of a radial comer clip
located along the west right-of-way of Beltline Road (120 foot right-of-way at this point);
THENCE along said comer clip, departing said south right-of-way an arc distance of 59.94
feet& through a c~ntral angle of g0 degrees 22 minutes and 29 seconds, a radius of 38.00 feet
to a ~-inch iron rod with cap found for a comer on the west right-of-way of Beltline Road;
THENCE;South 01 degree 15 minutes 30 seconds West along said west right-of-way a
distance of 332.09 feet to apoint for a comer;,
THENCE South 08 degrees 06 minutes 14 seconds West, a distance of 100.72 feet to a pont
for a comer;,
THENCE South 01 degrees 15 minutes 30 seconds West a distance of 149.25 feet to a
point for a comer;,
THENCE South 89 degrees 06 minutes 45 seconds East a distance of 12.00 feet to a point
for a comer,
THENCE South 01 degrees 15 minutes 30 seconds West a distance of 9.50 feet to a point
for a comer,,
TH~_2qCE North 89 degrees 06 minutes 46 seconds West departing said west right-of-way
line a distance of 981.45 feet.to a point for a comer;
THENCE North 00 degrees 53 minutes 14 seconds East along the west line of said Lot 1,
Block 5, a distance of 645.50 feet to the POINT OFBEGINNING AND CONTAIN'ING
628,966 square feet or 14.439 acres of land more or less.
COPFELL AGENDA REQUEST FORM
~C1TY COUNCIL MEETING:6 October 10, 2000ITEM # .~
CITY MANAGER' S RF, PORT
A. Sports Field Utilization.
CITY MANAGER'S REVIEW:
· r H E · C ! T Y * 0 F
COFFELL AGENDA REQUEST FORM
~~TFY COUNCIL MEETING: October I0, 2000 ITEM # J ~
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Sheehan regarding Coppell Youth Leadership,
B. Report by Mayor Sheehan regarding Metroplex Mayors' Association,
C,. Report by Mayor Sheehan regarding TML Regional Meeting,
D. Report by Mayor Sheehan regarding Moonlight Walk,
E, Report by Mayor Sheehan regarding City Council Work Session - October 17.
F, Report by Mayor Sheehan regarding the Homecoming Parade.
CITY MANAGER'S REVIEW: