CP 2001-06-12NOTICE OF CITY COUNCIL MEETING AND AGENDA
JUNE 12, 2001
CANDY SHEEHAN,
Mayor
BILL YORK,
Mayor Pro Tem
GREG GARCIA,
JAYNE PETERS,
DIANA RAINES,
Place 1
Place 2
Place 3
MARSHA TUNNELL,
DOUG STOVER,
DAVE HERRING,
JIM WITT, City Manager
Place 7
Place 4
Place 5
Place 6
MEETING TIME AND PLACE:
Call to Order
Executive Session
Work Session
Regular Session
6:00 p.m.
Immediately Following
Immediately Following
7:30 p.m.
Council Chambers
Ist FI. Conf. Room
1st FI. Conf. Room
Council Chambers
(Open to the Public)
(Closed to the Public)
(Open to the Public)
(Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, June 12, 2001, at 6:00 p.m. for Executive
Session, Work Session will follow immediately thereafter, and Regular Session will
begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell,
Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The purpose of the meeting is to consider the following items:
ITEM #
ITEM DESCRIPTION
REGULAR SESSION
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, Texas Government Code - Consultation with City
Attorney.
1. Proposed litigation regarding Animal Shelter.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Presentation by James Williams regarding Fiberfence.
B. Discussion of Coppell Health Facilities Board of Directors.
C. Discussion of Special Election.
D. Discussion of Agenda Items.
REGULAR SESSION
(Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
Consider approval of a Proclamation honoring the Coppell Softball Team as
Class 5A State Champions, and authorizing the Mayor to sign.
Annual State of the Court Address presented by the Honorable Marian
Moseley.
Citizen's Appearances.
CONSENT AGENDA
Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 22, 2001.
Consider approval of a License Agreement between the City of
Coppell and Carrollton Farmers Branch Independent School District
for the use of right-of-way to have telecommunication lines installed
and related appurtenances; and authorizing the City Manager to
sign.
ag061201
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ITEM # ITEM DESCRIPTION
Land Use and Development
Consider approval of an Ordinance abandoning a 15-foot drainage
easement along the front of Lot 1, Block i of a Replat of a Part of
Freeport North (proposed to be Lot 1, Block I of Northpoint
Addition), and authorizing the Mayor to sign.
Do
Consider approval of an Ordinance for Case No. S.1137R, First
United Methodist Church, zoning change request from SF-7 and
SF-12, SUP 1137 and SUP 1052 (Single Family-7 and Single Family-
12, Special Use Permits) to SF-7 and SF.12, SUP 1137R and SUP
1052 (Single Family-7 and Single Family-12, Special Use Permits) to
allow a revision to the west parking lot, on approximately 11.84 acres
of property located at the northwest and northeast corners of Bethel
School Road and Heartz Road, and authorizing the Mayor to sign.
Consider approval of an Ordinance for Case No. S.1182R, CC's
Coffee House, zoning change request from PD.178R (Planned
Development-178R) S-1182 to PD.178R-S.U.P 1182R (Planned
Development-178R, Special Use Permit), to allow a revision of the
signage for the coffee shop located in the Town Center West Retail
Center at 171 N. Denton Tap Road, and authorizing the Mayor to
sign.
END OF CONSENT
10.
11.
12.
Consider approval of a Resolution establishing the Fiscal Policy of the City
of Coppell in reference to creating corporations that are eligible to issue tax
exempt debt, and authorizing the Mayor to sign.
Consider approval of a Resolution authorizing and approving the creation of
a health facilities development corporation on behalf of the City of Coppell,
Texas; approving articles of incorporation, appointment of Directors, and
approving by laws, and authorizing the Mayor to sign.
PUBLIC HEARING:
Consider approval of Case No. S.1186-Potter Concrete, zoning change
request from LI (Light Industrial)to LI-SUP (Industrial, Special Use Permit),
to allow for the operation of a concrete batch plant, for a period not to
exceed one year, on approximately 1.16 acres of property located
approximately 900 feet west of the intersection of Creekview & Royal, on
the west side of Creekview Drive.
ag061201
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ITEM # ITEM DESCRIPTION
13.
14.
15.
16.
17.
18.
19.
20.
PUBLIC HEARING:
Consider approval of Case No. PD-190 Trinity Shores, zoning change
request from R (Retail) to PD- SF-9 (Planned Development - Single. Family-
9) to allow the development of 19 single-family homes on approximately
7.31 acres of property located on the south side of Sandy Lake Road, west
of the Trinity River.
PUBLIC HEARING:
Consider approval of Trinity Shores, Preliminary Plat, to allow the platting
of 19 single.family lots on approximately 7.31 acres of property located on
the south side of Sandy Lake Road, west of the Trinity River.
Consider approval of Coppell Middle School West, Site Plan and Final Plat,
to allow the construction of a service center with bus/maintenance vehicle
parking, several building additions, reconstruction of the concession
building, and re-paving of the parking lot on approximately 51.7 acres of
property located approximately 250 feet west of the intersection of
Wrangler and Crestside Drives (1301 Wrangler Drive).
Consider denial of an Ordinance for Case No. S-1185, Sergio's Market,
Inc./Mangia! Market & Bakery, zoning change request from C (Commercial)
to C-SUP (Commercial, Special Use Permit), to allow the operation of an
approximately 1,800 square foot market and bakery to be located in
Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard.
Discussion of August Special Election and authorizing staff to proceed with
the preparation documents for said election.
Necessary action resulting from Work Session.
Mayor
A.
B.
C.
D.
E.
F.
G.
and Council Reports.
Report by Mayor Sheehan regarding Council Goals as developed at
Council Retreat.
Report by Mayor Sheehan regarding President George Bush Turnpike,
Segment IV.
Report by Mayor Sheehan regarding dates for Budget Meetings.
Report by Mayor Sheehan regarding Old Town Coppell Flea Market.
Report by Mayor Sheehan regarding Joint Meeting with CISD Board
of Trustees.
Report by Councilmember Garcia regarding Coppell Baseball
Association.
Report by Councilmember Stover regarding Project Graduation.
Necessary Action Resulting from Executive Session.
ag061201
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ITEM # ITEM DESCRIPTION
Adjournment.
Candy Sheehan, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this day of ,
2001, at
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S
WEBSlTE (WWW. Ci.coppell.tx. us) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1*800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
ag061201
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COUNCIL MEETING: June 12, 2001 ITEM
EXECUTIVE SESSION
Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Proposed litigatiofi regarding Animal Shelter.
SUBMITTED BY: Jim Witt
TITLE: City Manager INITIALS
6-"~-'~~i~ AGENDA REQUEST FORM
- ~ ~"~'~" CITY COUNCIL MEETING: June 12, 2001 ITEM # ~
WORK SESSION
B.
C.
D.
Presentation by James Williams regarding Fiberfence.
Discussion of Coppell Health Facilities Board of Directors.
Discussion of Special Election.
Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
T H E C: I T Y 0 F'
C-OPP- EL
AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM # ~
ITEM CAPTION: Consider approval of a Proclamation honoring the Coppell Softball Team as Class 5A
State Champions, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $
FINANCIAL COMMENTS:
AMT. EST. $
DIR. INITIALS: FIN. REVIEW:~[I[
Agenda Request Form - Revised 5/00
+k-BID $
PROCLAMATION
WHEREAS, The Coppell Cowgirls, competing for the first time in Class 5A Softball, beat Katy
Taylor to win the State Championship; and
WHEREAS, The Cowgirls finished the season with 29 wins and 1 loss; and
WHEREAS, The City Council wishes to give special recognition to the Champion Coppell
Cowgirl Softball Team, which consisted of:
Nicole Denes
Ashley Thompson
Came Grimmett
Michelle Brooks
Natasha Jacob
Kelly Rhyne
Whitney Jacob
Jill Clayton
Pam Brown
Erica Peterson
Lauren Sturch
Shelby Stokes
Courtney Anderson
Susan Salas
WHEREAS, This was Beth Kellen's first year as head coach and she led the Cowgirls to a State
Championship. She was aided by two assistant Coaches, Brenda Smith and Jason Anderson; and
WHEREAS, Three Seniors received their diplomas at home plate, since they missed graduation
earlier that day; and
WHEREAS, Coppell is proud of these young athletes not only for winning, but for practicing
good sportsmanship and playing as a team while maintaining focus, determination, and a high level of
intensity.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim
Wednesday, June 13, 2001 as
"COPPELL COWGIRL APPRECIATION DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to
be affixed this __
day of June 2001.
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
AGENDA REQUEST FORM
June 12, 2001
ITEM #
7
ITEM CAPTION: Annual State of the Court Address presented by the Honorable Marian Moseley.
SUBMITTED BY: Rosie Caballero
TITLE: Court Administrator
STAFF COMMENTS: The Presiding
operating stares.
Judge will update the Council of the current Municipal
Court
BUDGET AMT. $
FINANCIAL COMMENTS:0K¥
AlVlT EST $
DIR. INITIALS: FIN. REVIEW¢~
Agenda Request Form - Revised 2/99
+\-BID $
CITY MANAGER REViEW;~
Document Name: &Court \\
AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM # ~3
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 1o 10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
1-10-6.2.1 Subjects Not Appearing on the Agenda
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations
by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual
speakeP$ 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:
e ~'~'~ ~ ~'~ '~'~~~CITY COUNCIL MEETING: June 12, 2001 ITEM
ITEM CAPTION:
Consider approval of minutes:
May22,2001.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
DIR. INITIALS: FIN. REVIEWz~
Agenda Request Form - Revised 5/00
+X-BID $
CITY MANAGER REViEW:~
Document Name: %minutes
MINUTES OF MAY 22, 2001
The City Council of the City of Coppell met in Regular Called Si
Tuesday, May 22, 2001, at 6:00 p.m. in the City Council
Center, 255 Parkway Boulevard, Coppell, Texas. The followin
present:
Candy Sheehan, Mayor
Bill York, Mayor Pro Tem
Greg Garcia,
Jayne Peters,
Diana Raines
Marsha Tuna
Doug Stove!
Dave
(lat~!arrival)
Also present were
Wilkerson and City
Secret Kathy
1. Call to
that a was
d to the Public)
Code - Consultation
pment Company v. City of Coppell
.five Session at 6:02 p.m. as allowed under
Sheehan adjourned the Executive Session at
Work Session.
{Open to the Public}
Work Session
Presentation by Andrea Rutledge regarding Senior Adult
Services Budget considerations for fiscal year 2002.
CMO5222001
Page 1 of 10
Be
Ce
Ee
Presentation by Pete Tart regarding financing issues
the St. Joseph property.
Discussion regarding Council Retreat.
Discussion regarding appointments
Committees.
Discussion of Agenda Items.
to
Councilmember Stover arrived during Work Sessio]
REGULAR SESSION
4. Invocation.
Pastor Heikki Ahonen,
invocation.
Finnish
Public)
5. Pledge of ~
Mayor SI
Be
to sign.
the
Tuesday, May 22,
Day," and
Tuesday, May 22,
Appreciation Day," and
proclaiming the week of May 20-
[!Imergency Medical Services Week, and
ng the Mayor to sign.
a proclamation honoring Monisha Charani for
.g the Girl Scout Gold Award, and authorizing the
Mayor to sign.
CM05222001
Page 2 of 10
A. ~r
Bob Kruse, Fire Chief, made a presentation to Council.
Sheehan read the proclamation for the record and presente
same to Tommy McClenahan.
Chief Kruse then presented fire helmets to
McClenahan.
Councilmember Garcia moved to
proclaiming Tuesday, May 22, 2001
Appreciation Day," and authorizi
Councilmember Tunnell seconded
7-0 with Mayor Pro Tem
Raines, Tunnell, Stover
favor of
Bob Kruse, Fire Chief,
Sheehan read the
same to Roger
Day,"
a
Bryant
Lahan
sign.
'~d the
)n
-0 with Tem
Raines, Stover
Co
the EMS personnel
who had taught the
Mrs. McClenahan then
of Ben and Tommy
iryant.
a presentation to Council. Mayor
for the record and presented the
that were present at the meeting.
moved to approve proclaiming the week of
1 as Emergency Medical Services Week, and
the Mayor to sign. Councilmember 8tover seconded
the motion carried 7-0 with Mayor Pro Tem York and
;rs Garcia, Peters, Raines, Tunnell, Stover and
voting in favor of the motion.
This Proclamation was not presented, as Monisha Charani was not
present.
CM05222001
Page 3 of 10
Item 8 was discussed at this time. See Item 8 for minutes.
Presentation to Leslie Shindler, Woman of the Year
Mayor Sheehan presented the Coppell Woman of the Yt
Leslie Shindler.
Presentation of two scholarships by
Kathy Snipes, Community Credit U~ '
the $1,000 scholarships that
students. They will be presente~
at a later date.
the two
Coppell
Bre
.~rs for
roi
Report by
Stephen Hi
10.
)n the baseball facilities
Be
agenda items:
inutes: May 8, 2001.
f terminating an agreement between
~nt of Transportation and the City of
operation and maintenance of the traffic
the intersection of I.H. 635 and Belt line Road;
the Mayor to sign.
~nsider approval of an ordinance amending the Code of
Ordinances Section 1-4-2 entitled "Street Name Changes"
by adding paragraph 'R' to name a .portion of roadway,
commonly known as Bethel Road, as Bethel Road from
CM05222001
Page 4 of 10
Do
Eo
the west city limits to its intersection with Denton
Road; and authorizing the Mayor to sign,
Consider approval of an ordinance amending
Ordinances Section 8-1-3 entitled
Streets" by adding Bethel Road and
Bethel School Road, Thweatt Road,
Drive, Cotton Road, and a section
correcting the maximum
Sandy Lake Road in its
Mayor to sign.
Consider
Contract
additional
Members
$173
approval
for City
one year
by
for
the
00-05~ an
1, ~1 to
of
Issues
There was
minutes 3,
nt Agenda Items A as
D carrying Ordinance
s seconded the motion; the
York and Councilmembers
and Herring voting in favor of the
Ordinance of the City of Coppell,
amendment~ regarding encumbrances and
of undesignated fund balance, to Ordinance
the budget for Fiscal Yea.r .October 1~ 2000
:mber 30, 2001, and authorizing the Mayor to
~n:
Jim Witt, City Manager, made a presentation to Council.
CM05222001
Page 5 of 10
Action:
Mayor Pro Tem York moved to approve Ordinance
approving an amendment, regarding encumbrances and
of undesignated fund balance, to Ordinance No. 2000-9
for Fiscal Year October 1, 2000 through Septemb~
authorizing the Mayor to sign. Councilmember
motion; the motion carried 7-0 with
Councilmembers Garcia, Peters, Raines,
voting in favor of the motion.
No.
s
the
and
erring
13.
Consider approval of the O'
as Recommended by the
Presentation:
Gary Sims, Dire.
to Council.
Plan List,
~oard.
a tation
Action:
Space Plan
Recreation Board.
motion carried 7-0
Garcia, Peters, Ralnes,
motion.
of the City of Coppell,
by amending Chapter
for door-to-door solicitation and
a schedule for mobile vendor
the Mayor to sign.
anager, made a presentation to Council.
Pro Tem York moved to approve Ordinance No. 2001-950,
g the Code of Ordinances by amending Chapter 6, Section 6-2-
9(A) to provide for door-to-door solicitation and by adding 6-2-9(A)(3) to
CM05222001
Page 6 of I0
establish a schedule for mobile vendor solicitation and authorizing t~he
Mayor to sign. Councilmember Raines seconded the motion; the
carried 7-0 with Mayor Pro Tem York and Counc
Peters, Raines, Tunnell, Stover and Herring voting in favor of
15.
Consider appointment of Norman
Regular member on the Board of Adj
vacated by Jamshed Jamadar expiring
Action:
Councilmember Tunnell moved
Kressmann from Alternate
Adjustment to fill the t
October 2001. Councilmembe~
carried 7-0 with Pro
Peters, Raines
the
of
to
of
~arcia,
~tion.
16. Consider
record.
are as
dnted: 05/22/01
Appointed: 05/22/01
Appointed: 05/22/01
Garcia Appointed:
DEVELOPMENT CORPORATION
',ouncil: Dave Herring Appointed:
Council: Greg Garcia Appointed:
05/22/01
05/22/01
05/22/01
CM05222001
Page 7 of 10
COPPELL SENIORS
Council: Bill York
D/FW NOISE FORUM
Council: Marsha Tunnell
Council: Bill York
DALLAS CENTRAL APPRAISAL ADVISORY
Council:
ECONOMIC
Doug Stover
Council: Jayne Peters
Appointed:
~ointed:
0~
0~
05/22/01
Appointed: 05/22/01
Council:
COMMITTEE
Marsha Tunnell
Greg Jones, Chief Building Official
COMMON VISION COMMISSION
Diana Raines
Appointed: 05/22/01
Appointed: 05/22/01
Appointed: 05/22/01
CM05222001
Page 8 of 10
TRINITY TRA1L ADVISORY COMMITTEE
Council: Diana Raines Appointed:
Staff: Gary Sims, Director of Leisure Services
2012 OLYMPIC COMMITTEE
Council: Greg Garcia
Mayor Pro Tern York moved to approve the :s as
Mayor to the Council Committees. C~ se
motion; the motion carried 7- Pro Tem
Councilmembers Garcia, Peter~ Stover
voting in favor of the motion.
the
the
and
erring
17. Necessary
There was n
18.
Park.
update of property
receive our Certified Tax
District on July 25, 2001.
the current problems with the
MacArthur Park and noted that the City
problems with the Church.
discussed sports field maintenance for the
of Coppell.
Douncil Reports.
Report by Mayor Sheehan regarding TML Regional Dinner.
Report by Mayor Sheehan regarding Spirit of Coppell
Family Days.
CM05222001
Page 9 of 10
De
Bo
Co
Report by Mayor Sheehan regarding Summer Schedule
Council Meetings.
Report by Councilmember Raines regarding YMCA
Mayor Sheehan announced that the TML Regional
held on June 14th and asked that anyone intel
let her know.
Mayor Sheehan reported on the hu
Coppell Family Days and thanked
Information Officer, Shelley Sorrells,
and Leisure Services De
project.
and
hard wo:
of
Parks
this
Mayor Sheehan
meeting on July 24, 2001
a C~
Councilme:
Worlds
June
ICA
Anniversary.
The
on
The
ri~itte
School.
Ralnes on being
Session.
:m.
ome before the City Council, the meeting
Candy Sheehan, Mayor
Wilkerson, Deputy City Secretary
CM05222001
Page 10 of 10
T H E (: I T Y · 0 F
C-OPP-EiJL AGENDA REQUEST FORM
~ ~ . ~ ~**-- CO~C~ ~ET~G: June 12, 2001 ITEM ~~
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and Carrollton Farmers Branch
Independent School District for the use of right-of-way to have telecommunication lines installed and related
appurtenances; and authorizing the City Manager to sign.
SUBMITTED BY: Michael A. Martin, P.E. '//~ ~
TITLE: Assistant City Engineer
STAFF COMMENTS:
This license agreement permits Carrollton Farmers Branch Independent School District (CFBISD) to install a
private telecommunications system in the City's right-of-way. As part of this agreement, an annual fee of
$4,275 has been assessed (see Exhibit "B") for the proposed system. This assessment may, in lieu of paying
the fee, accept in kind services or equipment at the discretion of the City Manager
City Attorney, Bob Hager will be available to answer any questions regarding this agreement.
BUDGET AMT $
FINANCIAL COMMENTS: ~1
AMT EST $
+X-BID $
DIR. INITIALS: I/,,7 FIN. REVIEW~ CITY MANAGER REVIEW: /'~/~
Agenda Request Form - Revised 5/00 Document Name: #eng2
STATE OF TEXAS §
COUNTY OF DALLAS §
LICENSE AGREEMENT
This Agreement ("AGREEMENT") is made by and between City of Coppell ("CITY"), a
home rule municipal corporation organized under the laws of the State of Texas, and acting by
and through its City Manager, its duly authorized agent, and the Carrollton-Farmers Branch
Independent School District ("LICENSEE"), acting by and through its authorized representative.
WITNESSETH:
WHEREAS, CITY owns the right-of-way depicted in Exhibit "A" attached hereto and
incorporated herein for all purposes; and
WHEREAS, LICENSEE requests the consent of the CITY, to install or cause to be
installed a below ground fiber optic telecommunications cable and innerducts ("FACILITIES")
within City right-of-way as shown in Exhibit "A" attached hereto and incorporated herein for all
purposes; and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
right-of-way for LICENSEE's FACILITIES;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Purpose. CITY hereby grants LICENSEE a license, pursuant to the terms of this
AGREEMENT, for the purpose of installing a fiber optic telecommunications cable and
innerducts ("PERMITTED FACILITIES") within CITY right-of-way being more particularly
shown on the concept plans on Exhibit "A" attached hereto and incorporated herein for all
purposes; that exact location and description are contained on the plans on file within the City
Engineer's office, which is also incorporated herein.
2. Term. The term of this AGREEMENT shall be annual with an annual renewal, subject,
however, to termination by the CITY as provided herein.
3. Fee. (A.) In consideration for the fights and privileges agreed to under this
AGREEMENT, LICENSEE agrees to pay CITY each year a sum (the "rate") based on per lineal
foot of fiber optic cable installed within the Public Right-of-Way of the CITY, including street
crossings, subject to the following rate adjustments as depicted in the attached Exhibit "B". The
rate set forth above shall be subject to adjustment annually to reflect any increase in the CPI.
"CPI" as used herein shall mean the revised Consumer Price Index for all Urban Consumers
(CPI-U), all items, published by the United States Department of Labor, Bureau of Labor
Statistics 1982-1984 = 100. In the event the U.S. Department of Labor, Bureau of Labor
Statistics ceases to publish the CPI, the CITY and LICENSEE agree to substitute another equally
LICENSE AGREEMENT
Page 1
41707
authoritative measure of change in the purchasing power of the U.S. dollar as may be* then
available so as to carry out the intent of this provision.
The rate as provided herein per lineal foot shall remain effective for a period of one year from
date of the commencement of operations under this AGREEMENT ("COMMENCEMENT
DATE"). On each anniversary of the COMMENCEMENT DATE, the rate shall be adjusted as
above mentioned by the same percentage as there is a percentage increase, if any, between the
CPI as published either for the month preceding the COMMENCEMENT DATE or the most
recent such CPI, whichever is later, and that published for the month immediately preceding the
current anniversary of the COMMENCEMENT DATE. Such fee shall be due and payable on or
before the beginning of the fiscal year commencing October 1st of each year. Whenever an
application is approved prior to the end of the current fiscal year, said fee shall be pro-rated for
the remainder of the fiscal year and shall be payable upon approval of application. The City
may, in lieu to a fee, accept in kind services or equipment at the election of the City Manager.
B. In the event that LICENSEE shall become a certified telecommunications provider under
Section 283 of the TEXAS LOCAL GOVERNMENT CODE, the fee established by the Texas Public
Utility Commission shall govern and the above stated provisions in Section 3 herein shall no
longer apply.
4. Non-exclusive. This AGREEMENT is nonexclusive and is subject to any existing
utility, drainage or communications facility located in, on, under or upon the right-of-way or
property owned by CITY, any utility or communication company, public or private, to all vested
rights presently owned any utility or communication company, public or private for the use of
the CITY right-of-way for facilities presently located within the boundaries of the right-of-way
and to any existing lease, license, or other interest in the right-of-way granted by CITY to any
individual, corporation or other entity, public or private; further, the CITY reserves the right to
locate or use said right-of-way for any public purpose, including but not limited to traffic control
devices and other appropriate public purposes; in the event of any such use by the City which
would result in relocating the use granted herein, LICENSEE shall remove such use at its sole
expense.
5. Environmental Protection. LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
liability act of 1980 ("CERCLA"), the resource conservation and recovery act of 1976
("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE
warrants that the permitted use of the property will not result in the disposal or other release of
any hazardous substance or solid waste on or to the property and that it will take all steps
necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto
the property or adjoining property by LICENSEE. The terms "hazardous substance" and
"release" shall have the meaning specified in CERCLA and the term "solid waste" and "disposal
(or dispose)" shall have the meaning specified in the RCRA; provided, however, that in the event
either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby,
such broader meaning shall apply subsequent to the effective date of such amendment; and
provided further, to the extent that the laws of the State of Texas establish a meaning for
LICENSE AGREEMENT
Page 2
41707
hazardous substance, release, solid waste, or disposal which is broader than that specified in the
CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold
CITY harmless against all costs, environmental clean up to the property and surrounding CITY
property resulting from LICENSEE's use of the property under this AGREEMENT.
6. Use of the public right-of-way.
(A) LICENSEE's PERMITTED FACILITIES shall be installed, operated and
maintained in such manner as will, consistent with reasonable necessity, least interfere
with other public uses of the right-of-way, and in accordance with plans and
specifications submitted to and approved by the Engineering Department of the CITY.
No construction shall commence until such plans and specifications have been approved
and a permit has been issued by the Engineering Department of the CITY.
(B) Except in cases of emergency, LICENSEE shall give at least forty-eight (48)
hours notice of its intent to excavate or disturb the surface of any right-of-way to the
Director of Public Works of the CITY. After such excavation or disturbance, the
LICENSEE shall, with due diligence and dispatch, place the right-of-way in a condition
acceptable to the CITY. LICENSEE shall notify CITY the next business day of any
emergency work undertaken.
(C) CITY reserves the right to make and enforce reasonable regulations conceming
the construction, operation, and maintenance of LICENSEE's PERMITTED
FACILITIES located along, across, over, or under the right-of-way and to reasonably
designate where the PERMITTED FACILITIES shall be placed.
(D) All improvements permitted herein shall be placed underground in accordance
with the City Right-of-way Management Ordinance.
7. Minimum Specifications. Unless written prior approval by the City, the PERMITTED
FACILITIES shall conform to the following minimum specifications ("MINIMUM
SPECIFICATIONS"):
(A) The depth of conduit, measured from the top of the conduit to the surface of
ground shall be a minimum depth of soil of sixty (60) inches and at a ditch crossing, a
minimum depth of sixty (60) inches.
(B) Within the street fight-of-way, with the exception of road crossings and
driveways, a four (4) inch PVC conduit, with two (2) innerducts, encased with a four (4)
inch cap of concrete shall be used. A three-fourth (3/4) inch fiber cable shall then be
pulled through the conduit in place.
(C) Under all road crossings and driveways a four (4) inch, black steel pipe will be
installed by jacking or dry boring, maintaining a depth of forty-eight (48) inches below
the surface of the road.
LICENSE AGREEMENT
Page 3
41707
(D) Trenching shall be promptly backfilled with earth and tamped with a mechanical
tamper at six (6) inch lifts, so that the earth is restored to original grade to assure no
hazard to vehicular, animal, or pedestrian traffic. All open trenches will be properly
guarded or barricaded to prevent damage or injury.
(E) All cable, where practical, shall be located to cross roadbed at approximately right
angles thereto. No cable shall be placed at any culvert within five (5) feet of the closed
point of same.
(F) In areas of potential erosion the areas are to be sodded and watered for erosion
control.
(G) Operations along roadways, walkways, and sidewalks shall be kept clear of
excavated material or other obstructions at all times. Barricades, warning signs and
lights, and flagmen, when necessary, shall be provided by the contractor or LICENSEE.
One half of the traveled portion of the road must be open at all times.
(H) Damage to banks, ditches, roads, fences, lawns, shrubbery, drives, and any other
property caused from the equipment and installation of the communication system shall
be immediately repaired to the satisfaction of the public authorities having jurisdiction
over the right-of-way involved, at the cost of the LICENSEE.
(G) Upon completion of the installation of the utility, "As Built" or "Record
Drawings" should be provided as per the CITY's Subdivision Ordinance Section XV.
8. Licensee Inspection. Licensee agrees to abide and conform to the requirements of the
Coppell Right-of-Way Management Ordinance, number ., as amended and
codified.
9. Maintenance. The LICENSEE, or its assignee, agrees to maintain the PERMITTED
FACILITIES to the MINIMUM SPECIFICATIONS for the duration of this AGREEMENT. In
the event that the PERMITTED FACILITIES are not maintained to the MINIMUM
SPECIFICATIONS, CITY will notify LICENSEE in writing of such failure in sufficient detail
so as to apprise LICENSEE. LICENSEE shall have fourteen (14) days to bring the
PERMITTED FACILITIES into compliance with the MINIMUM SPECIFICATIONS.
However, if after fourteen (14) days the PERMITTED FACILITIES have not been brought up to
the MINIMUM SPECIFICATIONS, the CITY may maintain or cause to be maintained the
PERMITTED FACILITIES and assess all costs incurred to CITY for such maintenance against
LICENSEE.
10. Mechanic's liens not permitted/Bond Requirement. LICENSEE shall be required to
provide a Performance Bond in an amount sufficient to fully pay all labor, contractors,
subcontractors and materials used in, on or about the property and will not permit or suffer any
mechanic's or material man's liens of any nature be affixed against the property by reason of any
work done or materials furnished to the property at LICENSEE's instance or request.
LICENSE AGREEMENT
Page 4
41707
11. Future City use. This AGREEMENT is made expressly subject and subordinate to the
right of CITY to use the property for any public purpose whatsoever. In the event that CITY
shall, at any time subsequent to the date of this AGREEMENT, at its sole discretion, determine
that the relocation or removal of the PERMITTED FACILITIES shall be necessary or
convenient for CITY's use of the property, LICENSEE shall at its sole cost and expense make or
cause to be made such modifications or relocate said PERMITTED FACILITIES so as not to
interfere with the CITY's or CITY's assigns use of the property. A minimum of thirty (30) days
written notice for the exercise of the above action shall be given by CITY and LICENSEE shall
promptly commence to make the required changes and complete them as quickly as possible or
reimburse CITY for the cost of making such required changes.
12. Duration of License. This AGREEMENT shall terminate and be of no further force and
effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
FACILITIES or in the event LICENSEE shall remove the PERMITTED FACILITIES from the
property or upon termination by CITY whichever event first occurs.
13. Compliance with laws. LICENSEE agrees to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
14. Indemnification. LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from any penalty, or any damage, or charge, imposed for any violation
of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE,
whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or
assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and
indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless
against and from any and all loss, cost, damage, or expense, including attorney's fee, arising out
of or from any accident or other occurrence on or about the property causing personal injury,
death or property damage resulting from use of property by LICENSEE, its agents, employees,
customers and invitees, except when caused by the negligence or willful misconduct of CITY, its
officers, employees or agents, and only then to the extent of the proportion of any fault
determined against CITY for its willful misconduct. LICENSEE shall at all times defend,
protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or
expense, including attorney's fees arising out of or from any and all claims or causes of action
resulting from any failure of LICENSEE, its officers, employees, agents, contractors or assigns
in any respect to comply with and perform all the requirements and provisions hereof.
15. Action upon termination. At such time as this AGREEMENT may be terminated or
canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall either (i) remove
all PERMITTED FACILITIES and appurtenances owned by it, situated in, under or attached to
the CITY and shall restore such property to substantially the condition of the property prior to
LICENSEE's encroachment at LICENSEE's sole expense; or (ii) abandon all PERMITTED
FACILITIES and appurtenances in place.
16. Assignment. LICENSEE shall not assign or transfer its rights under this AGREEMENT
to any other person or entity without the prior written consent of CITY, which consent will not
LICENSE AGREEMENT
Page 5
41707
be unreasonably withheld. Any assignment agreement shall be in writing and a duly executed
copy of same shall be filed with the CITY's City Engineer.
17. Termination. This AGREEMENT may be terminated in any of the following ways:
Written agreement of both parties;
By CITY giving LICENSEE thirty (30) days prior written notice;
By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement, if LICENSEE has not cured any failure within thirty (30) days of
written notification by CITY of such failure.
18. Notice. When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address
set forth below. Either party may designate from time to time another and different address for
receipt of notice by giving notice of such change or address.
TO THE CITY:
WITH A COPY TO:
Jim Witt, City Manager
City of Coppell
P.O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
Robert E. Hager, City Attorney
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
TO LICENSEE:
WITH A COPY TO:
Dr. Annette T. Griffin
Carrollton-Farmers Branch
Independent School District
1445 N. Perry Road
P.O. Box 115186
Carrollton, Texas 75006
Robert E. Luna
4411 N. Central Expressway
Dallas, Texas 75205
19. Attorney's fees. Any signatory to this AGREEMENT, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attorney's fees from the non-prevailing
party.
20. Governing law. This AGREEMENT is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
21. Bindin~ effect. This AGREEMENT shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
LICENSE AGREEMENT
Page 6
41707
22. Entire Agreement. This AGREEMENT embodies the entire agreement between the
parties and supersedes all prior agreements, understandings, if any, relating to the property and
the matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
23. Recitals. The recitals to this Agreement are incorporated herein by reference.
24. Legal construction. The provisions of this AGREEMENT are hereby declared
covenants nmning with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquires any right, title, or interest in or to the property or any part thereof.
Any person who acquires any right, title, or interest in or to the property, or any part hereof,
thereby agrees and covenants to abide by and fully perform the provisions of this AGREEMENT
with respect to the right, title or interest in such property.
EXECUTED this
__day of .,2001.
CITY OF COPPELL, TEXAS
ATTEST:
By:
JIM WITT, CITY MANAGER
By:
CITY SECRETARY
EXECUTED this
__day of
., 2001.
CARROLLTON-FARMERS BRANCH
INDEPENDENT SCHOOL DISTRICT
By:
Name:
Title:
LICENSE AGREEMENT
Page 7
41707
LICENSEE'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the __ day of
by .,
School District, on behalf of said district.
,2001,
of the Carrollton-Farmers Branch Independent
Notary Public, State of Texas
My Commission expires:
LICENSE AGREEMENT
Page 8
41707
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __
2001, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
LICENSE AGREEMENT
Page 9
41707
~ .. Foxtail~Ct
EXHIBIT "B"
LENGTH OF 11/2 H DPE
SHEET
600'
600'
500'
500'
500'
500'
500'
500'
500'
500'
500'
11
12
13
14
15
16
17
18
19
21
23
5,700'
$ 0.50 / Ft. / 1" of conduit
$ 0.50
1.5" of conduit
1" of conduit
5700 ft.
TOTAL = $ 4,275
LICENSE AGREEMENT
Page 10
41707
T H E C I T Y 0 F
COPPF_,LL AGENDA REQUEST FORM
~ ~' ~ 'a~ '~..~ q~ ~q~~~~CITY COUNCIL MEETING: June 12, 2001 ITEM #
4 ~ . t
ITEM CAPTION:
Consider approval of an Ordinance abandoning a 15-foot drainage easement along the front of Lot 1, Block 1
of a Replat of a Part of Freeport North (proposed to be Lot 1, Block 1 of Northpoint Addition), and
authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
On May 17, 2001, the Planning & Zoning Commission approved the final plat for Lot 1, Block 1 of
Northpoint Addition (currently legally known as Lot 1, Block 1 of a Replat of a Part of Freeport North) to
allow for the development of three office buildings. As a result of the proposed construction of a private
underground drainage system, the existing 15-foot wide drainage easement, adjacent to Northpoint Drive, is
no longer required by the City.
Staff recommends approval of the abandonment of the 15-foot drainage easement.
DIR. INITIALS:~
Agenda Request Form - Revised 5/00
FIN. REVIEW~
CITY MANAGER REViEW:~~
Document Name: ~nthpntaband
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING DRAINAGE EASEMENT, LOCATED ON LOT 1,
BLOCK 1 OF A REPLAT OF A PART OF FREEPORT NORTH, AS
DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO,
IN FAVOR OF THE ABUTTING PROPERTY OWNER; THAT THE
PORTION OF THE UTILITY EASEMENT TO BE ABANDONED
HAS BEEN DETERMINED AS NOT HAVING ANY FAIR MARKET
VALUE; PROVIDING THAT SUCH ABANDONMENT SHALL BE
THE INTEREST WHICH THE CITY MAY LEGALLY AND
LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE
SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE
RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell has determined that the utility
easement located on Lot 1, Block 1 of a Replat of a Part of Freeport North, an Addition to
the City of Coppell, Texas and more particularly described in Exhibit "A" and "B" attached
hereto, is no longer needed for City services; and
WHEREAS, the abutting property owner desires that said utility easement be
abandoned, and
WHEREAS, there has been determined that easement as described herein does not
have any fair market value;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas has
determined that the utility easement located on Lot 1, Block 1 of a Replat of a Part of
Freeport North, an Addition to the City of Coppell, Texas, and more particularly described
in Exhibit "A" and "B", attached hereto and made a part hereof for all purposes, is no longer
needed or necessary for public purposes and should be, and is hereby, abandoned in favor of
the abutting property owner.
SECTION 2. That upon recordation of such, this abandonment ordinance shall
constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of
the same may be filed in the Deed Records of Dallas County, Texas, to indicate such
abandonment.
SECTION 3. That the abandonment provided for herein shall extend only to
the public right, title and interest which the City of Coppell, Texas, may have in and to said
utility easement, and shall be construed to extend only to such interests that the governing
body of the City of Coppell, Texas, may legally and lawftflly abandon.
SECTION 4. That this ordinance shall become effective from and after its
passage as the law and charter in such case provide.
day of
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT HAGL~ C~ ATTORNEY
2
Page 1 of 3
FIELD NOTES DESCRIBING A 15-FOOT WIDE DRAINAGE EASEMENT ALONG THE
SOUTH LINE OF NORTHPOINT DRIVE FROM S.H. 121 EAST.
Being a 0.2619 acre tract or parcel of land situated in the J. Gibson Survey, Abstract Number 1716,
in the City of Coppell, Dallas County, Texas, and the J. Gibson Survey, Abstract Number 586, in
the City of Grapevine, Tan-ant County, Texas, and being all of the land conveyed to the City of
Coppell, Texas for a 15-foot wide drainage easement by Greenway-Grapevine/Coppell Partners L.
P., a Texas Limited Partnership, by deed dated October 17, 1997, and recorded in Volume 98017,
Page 01875 of the Deed Records of Dallas County, Texas, and being more particularly described as
follows:
BEGINNING a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF ASSOC. INC."
(hereinafter referred to as "with cap") in the curving southwesterly fight-of-way line of Northpoint
Drive (a 90-foot wide right-of-way at this point), said point being the northeast comer of a tract of
land conveyed to Greenway-Grapevine/Coppell Parmers L.P., a Texas Limited Partnership, by two
deeds as follows: (1) by deed recorded in Volume 96097, Page 3694, Deed Records of Dallas
County, Texas, and (2) by deed recorded in Volume 12367, Page 1221, Deed Records of Tan'ant
County, Texas, same being a point in the west line of Block 1, Lot 1 of a Replat of a Part of
Freeport North as recorded in Volume 98193, Page 00031, Deed Records of Dallas County, Texas;
THENCE South 00 degrees 14 minutes 35 seconds East along the common line of said replat and
Geenway-Grapevine/Coppell Partners L.P. tract, a distance of 15.00 feet to a point on the curving
southwesterly line of said 15-foot wide drainage easement, said point being the beginning of a non-
tangent circular curve to the right having a radius of 860.00 feet and whose chord bears North 69
degrees 29 minutes 52 seconds West, a distance of 593.50 feet;
THENCE Northwesterly along said curving southwesterly line and along said circular curve
through a central angle of 40 degrees 22 minutes 14 seconds, an arc distance of 605.95 feet to an
angle point in said line at the end of said curve;
THENCE North 49 degrees 19 minutes 02 seconds West and being non-tangent to said curve, a
distance of 6.19 feet to a point for comer;
THENCE North 83 degrees 40 minutes 52 seconds West, a distance of 16.48 feet to a point for
comer;
THENCE South 42 degrees 55 minutes 27 seconds West, a distance of 16.70 feet to a point for
comer;
THENCE North 49 degrees 19 minutes 02 seconds West, a distance of 50.00 feet to a point in the
southeast right-of-way line of State Highway 121 (a variable width right-of-way);
EIltlBI? "A"
LD0-2619.DOC
03/23/01
Page 2 of 3
THENCE North 42 degrees 55 minutes 27 seconds East along said southeast fight-of-way line, a
distance of 41.02 feet to a 1/2-inch fond iron rod with cap for comer in said southwesterly right-of-
way line of Northpoint Drive;
THENCE South 49 degrees 19 minutes. 02 seconds East along said southwesterly right-of-way line,
a distance of 68.84 feet to a 1/2-inch found iron rod with cap at the beginning of a non-tangent
circular curve to the let~ having a radius of 845.00 feet and whose chord bears South 69 degrees 29
minutes 34 seconds East, a distance of 583.00 feet;
THENCE Southeasterly along said southwesterly right-of-way line and said circular curve through
a central angle of 40 degrees 21 minutes 38 seconds, an arc distance of 595.23 feet to THE POINT
OF BEGINNING AND CONTAINING 11,407 square feet or 0.2619 acres, more or less.
1;:IltlBIT "A-l"
LD0-2619.DOC
03/23/01
LOT I, BLOCK 2
FREEPORT NORTH
VOL.98008, PG.O0010
D.R.D.C.T.
GREENWAY- CRAPEVINE/COPPELL PARTNERS LP.
VOL. 96097, PG. 3%4 D.R.D.C.T.
VOL. 12367, PO. 1221 0.R.T.C.T.
VACANT
(IJNPLATTED)
A= 40'21':38'
R= 845.00'
T= 310.56'
L= 595.2.3'
CB=S69'29'.34'E
CL= 58.3.00'
I
;
/
/
/
6= 40'17'33"J~//'
R= 755.00'
T= 276.98'
L= 530.94'
CL: 520.07'
BLOCK 1, LOT 1
A REPLAT OF A PART
OF FREEPORT NORTH
VOL.gB193. PG.O0031
D.R.O.C.T.
ZONED
L.I.
--S 00' 14' 35' E
15.00'
,~ ~OINT OF
BEGINNING
I /
I I
I /
I i
i /
0 50 100 150 200 300
SCALE IN FEET
SCALE: 1'=100'
LEGEND
0 V2"F.I.R. Found Iron Rod wlth yellow cop
w/ CAP stomped 'HALFF ASSOC. INC.'
Boundor¥ Line
Eosemenf Line
C.M. ControlMonumenf
GREENWAY- GRAPEVINE/COPPELL PARTNERS L.P.
VOL. 96097, PG. 3964 O.R.D.C.T.
VOL. 1;)367, PG. 1221 D.R.T.C.T.
ZONED L.I,
FLOOD ZONE 'X'
(VACANT)
A= 40' 22' 14'
R= 860.00'
T= 316.17'
L= 605.95'
CB= N 69' 29' 52' W
CL= 593.50'
11, 4O7 SQ. FT.
or
0.2619 ACRES
" I f VOL.98017, PG.01875 D.R.D.C.T.
/ / / (TO BE ABANDONED BY
/' / / SEPARATE INSTRUMENT
,' / / VOL. , PG. ) ~s~c~'-'~-~o.
/ / / -,~'~-
,,' / / . .,.~?~ s%~~'~
~ / w/c%'P'. ~ / /// 6.19' __~,~ 'co~' ' _. ~Z~g'~' ,~,
,' ,o~ ~ ~ / 16.48' ~'0~ ~:.~{
~'~/ ) ~ - ~ ~
~ ~~_ ~- ~'--~S 42' 55' 2Y" W EASE~ ~~O~~
,~-~.'~'~ V~.F.~.R.~/~~ ~-~, no.w 11,407 SF or 0.2619 ACRES
/ / PUBUC DRAiNAgE EASEMENT
. LN4a'ss'a7'&o' e:"-.. C T%"6}%'SP i'L[Tb [ s%aUNTC TEXAS
~ r~ ~ .41.02' ~'-~ AND THE
~' ~ ~"~ J GIBSON SURVEY, ABSTRACT No. 586
'~-~; Ze~ V~'F,R~ "' CITY 3F GRAPEVINE, TARRANT COUNTY TEXAS
~0.~, ~ HALFF ASSOCIATES, INC. /
NOTES, " ~ ENGINEER5 SCIENTIST5 SURVEYORS 5 ~ ~/
1. BASIS OF BEARING BEING THE WARRANTY OEED TO GREENWAY- 8G1G NORTHWEST PLAZA DR. DALLAS, TEXAS 7522
GRAPEVINE/COPPELL PARTNERS L.P. AS RECORDED ~" ~"- 100' AVO 19123 MARCH 2001
IN VOL. 96097, PG. 3964. O.R.D.C.T. AND IN VOL. 123G7. PG. 1221, ~I~I~ ~ SCALE , - ,
D.R.T.C.T. ~ovo~J9123M ~N=ESME~GN, REF=
15' DRAINAGE EASEMENT
T H £ C I T Y 0 F
COPP-ELL AGENDA REQUEST FORM
e j ~,w'~'~. "~'~, '~~~~CITYCOUNCIL MEETING: June 12, 2001 ITEM# q]
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1137R, First United Methodist Church, zoning change
request from SF-7 and SF-12, SUP 1137 and SUP 1052 (Single Family -7 and Single Family-12, Special Use
Permits) to SF-7 and SF-12, SUP 1137R and SUP 1052 (Single Family-7 and Single Family-12, Special Use
Permits) to allow a revision to the west parking lot, on approximately 11.84 acres of property located at the
northwest and northeast comers of Bethel School Road and Heartz Road, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: April 19, 2001
Decision of P&Z Commission: May 8, 2001
On April 19, 2001, the Planning Commission unanimously supported for this zoning change (6-0).
On May 8, 2001, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
DIR. INITIALS: ~r
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER REVIEW:
Document Name: ~S1137RUMCo
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 "SF-7 AND SF-12, S.U.P. 1137 AND S.U.P. 1052"
(SINGLE FAMILY-7 AND SINGLE FAMILY-12, SPECIAL USE PERMITS)
TO "SF-7 AND SF-12, S.U.P. 1137R AND S.U.P. 1052" (SINGLE FAMILY-7
AND SINGLE FAMHJY-12, SPECIAL USE PERMITS, REVISED) TO ALLOW
FOR A REVISION IN THE WEST PARKING LOT LOCATED AT THE
NORTHWEST AND NORTHEAST CORNERS OF BETHEL SCHOOL ROAD
AND HEARTZ ROAD, AND BEING MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING FOR THE APPROVAL OF
REVISED SITE PLAN, SITE PLAN FOR THE WEST PARKING LOT,
LANDSCAPE PLAN AND ILLUMINATION SCHEDULE, ATTACHED
HERETO AS EXHIBITS "B", "C", "D", AND "E"; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1137R should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be mended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning fi'om "SF-7 and SF-12, S.U.P.-1137 and
S.U.P. 1052" (Single Family-7 and Single Family-12, Special Use Permits) to "SF-7 and SF-12,
S.U.P.-l137 and S.U.P. 1052" (Single Family-7 and Single Family-12, Special Use Permits, Revised)
1 41521
to allow for a revision to the west parking lot, subject to special conditions, for the property located at
the northwest and northeast comers of Bethel School Road and Heartz Road.
SECTION 2. That the Revised Special Use Permit to allow for the revision to the west
parking lot is hereby approved subject to the following special conditions:
A. That accept as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-191, which is incorporated herein as set forth in full and hereby
republished.
B. An amendment to this SUP will be required, including the establishment of a detailed
site plan, elevations, signage, parking, fire lanes and circulation prior to the construction
of any additional improvements.
C. Within 60 days, the applicant shall submit to the city a final report on an analysis of
alternative paving material originally allowed on this site.
SECTION 3. That the Site Plan, Site Plan for the west parking lot, Landscape Plan, and
Illumination Schedule, attached hereto as Exhibits "B", "C", "D" and "E", and made a part hereof for
all purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
2 41521
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. That any person, fn-m or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately fi.om and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSEl) by the City Council of the City of Coppell, Texas, this the
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
APPRO~:
ROBgRT E.
(REH/cdb 5/31/01)
LIBBY BALL, CITY SECRETARY
3 41521
OM~ER' $ CERTiFiCATE.
~£REAS ~[RST UNITED I~TH00IST C}flJRCH Is the miner of a tract of lead situated tn the $1bered NedlJerson Survey.
Abstract No. 62g, and t~e ~clCinne~' and Vt11Iam Survey, Abstract No. 106Z, City of Coppeli, Dallas Caunty., Texas,
and being amre particularly described as follows:
BEGZNNZNG at the point of Intersection of the North line of Bethel School Road wtth the East line of Heartz Road,
an Iron stake for corner; ~ .
THENCE, N.0'16'47"E, along the East line of said Heertz Road, a dtstance of 630.~8 feet to an Iron stake for corner;
THENCE, S.89'43'13"E, leaving said East 1tn, of geartz Road, a distance of 219149 feet to an 1roe stake for corner;
THENCE, M.31°16'47=E, a distance of 109.82 feet aD a point on the Sourly,st line of Vlllmmnd No. 2 an addition to
the City of Coppell. an iron stake for corner;
THENCE, S.S8'43'13"E. along said Sourly, st line of Vlllow~ed No. Z, s dtstance of 223.42 feet to a point on the
Nort~w~est corner of North Lake Voodlands NO. 8 an addition to the City of Coppe11 as recorded tn ¥olume 831S0,
Page 3833 of the Rap Records of Dallas County, Texas, an Iron stake for corner;
THENCE, S.31°i6'47'V, aTbng the Vest line of ~td North La~re ~ondlaads No. 8, a distance of 2g0.1S feet to the
beginning of a curve to the left having a central angle of 31'47'27' and a radtds of 316.S0 feet, an 1tm{ ?take for
corner;
THENCE. In a Southerl)' direction &long said Vest line of North Lake Vondlinds No. 8 and around said curve a
of 17S.61 feet to end of said curve, an Iron stake for corner;
THENCE. S.0'30'40'E, along satd Vest line of North Lake goodlands NO. 8 a distance of 189.87 feet to a point on the
North 11ne of said Bethel School Road. an Iron stake for corner;
THENCE. S.89'29'20'tl, along satd North line of Bethel School Road, a distance of 275.60 feet to the PLACE OF
and contltn~ng S.0~0 Acres of Land.
TIIACT 2
THENCE lq. 85°05'53" E., 840.18 feet leaving the east line ofsaid Gaddy uact, and along the said south
linc of Vanbebber Road, to an "X' found cut in concrete for comer,
THENCE S. 48°10'~9'' E., 13.49 feet leaving the said south line of Vanbebber Road to an "X" found cut
in concrete for comer being on the west line of Heanz Road (a 50 foot right-of-way); ½"
THENCE S. 00°07'05' E., 478.55 feet along the said west line of Heanz Road to a . iron rod (with a
plastic cap) found for comer,
THENCE S. 47°23'00" W., 25.24 feet to a ½" iron rod (with a plastic cap) found for comer being on the
said north line of Bethel Road, said point also being in a non-tangent curve to the right framing in a nortbedy
direction and having a central angle of 33'23'34" a radius of 200.00 feet and a chord bearing of N. 62027'31'
W.; THENCE along said curve, and along the said north line of Bethel Road, 116.$6 feet to the end of said
curve, a ½" iron rod found for comer, said point being the beginning ora curve to the left having a central anile
of 44o06'08'' a radius of 260.00 feet and a chord bearing ofN. 67'48'51' W.;
THENCE along said curve, and continuing along the said north line of Bethel Road, 200.13 feet to the
end ofsaid curve, a ½" iron rod found for comer,
THENCE N. 89':~1'55" W., 544.86 feet continuing along thc said north linc of Bethel Road to the Point
of Beginning and containing 7.039 acres (306,640 square feet) oflancL
EXHIBIT 'A"
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E~HIBIT
('m'o'~ ,o~)
OVO~{ Z.I~¥2iH
EXHIBIT "D"
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T H E C I T Y 0 F
COPP-EL£ AGENDA REQUEST FORM
e ~' ~ -~,,% '~T,, '~~~CITY COUNCIL MEET~G: June 12, 2001 ITEM ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1182R, CC's Coffee House, zoning change request from PD-
178R (Planned Development-178R) S-1182 to PD-178R-S.U.P 1182R (Planned Development-178R, Special Use
Permit), to allow a revision of the signage for the coffee shop located in the Town Center West Retail Center at 171
N. Denton Tap Road, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: April 19, 2001
Decision of P&Z Commission: May 8, 2001
On April 19, 2001, the Planning Commission unanimously supported for this zoning change (6-0).
On May 8, 2001, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
DIR. INITIALS: ~ FIN. REVIEWI~
Agenda Request Form - Revised 5/00
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 "PD-178R, S.U.P. 1182" (PLANNED
DEVELOPMENT-178R, S.U.P. 1182) TO "PD-178R, S.U.P. 1182R" (PLANNED
DEVELOPMENT-178R, S.U.P. 1182 REVISED) TO ALLOW FOR A
REVISION IN THE PROPOSED SIGNAGE IN THE TOWN CENTER WEST
RETAIIJ CENTER LOCATED AT 171 NORTH DENTON TAP ROAD;
PROVIDING FOR THE APPROVAL OF REVISED ELEVATIONS,
ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the goveming body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair heating to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1182R should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from "PD-178R-S.U.P.-l182" (Planned
Development-178R, Special Use Permit-1182) to "PD-178R-S.U.P.-1182R" (Planned Development-
178R, Special Use Permit-Il82 Revised) to allow for a revision to the proposed signage, subject to
special conditions, for the property located in the Town Center West Retail Center at 171 N. Denton
Tap Road.
1 41503
SECTION 2. That the Revised Special Use Permit to allow for the revision to the signage is
hereby approved subject to the following special conditions:
A. That accept as amended herein, the property shall be developed in accordance with
Ordinance 91500-A-285, which is incorporated herein as set forth in full and hereby
republished.
SECTION 3. That the Revised Side Elevation, attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. That any person, finn or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
2 41503
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
(REH/cdb 5/29/01)
LIBBY BALL, CITY SECRETARY
3 41503
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C OPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM # __~___
ITEM CAPTION: Consider approval of a Resolution establishing the Fiscal Policy of the City of Coppell in
reference to creating corporations that are eligible to issue tax exempt debt, and authorizing the Mayor to
sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: This item is being brought forth as discussed during the City Council Work Session
on May 22, 2001.
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
FIN. REVIEW.~
+k-BID $
CITY MANAGER REViEW~
Document Name: $fiscalp.doc
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, ESTABLISHING THE FISCAL POLICY OF THE CITY IN REFERENCE TO
CREATING CORPORATIONS THAT ARE ELIGIBLE TO ISSUE TAX EXEMPT
DEBT.
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City of Coppell, Texas (the "Sponsoring Entity") is a duly created
municipal corporation and political subdivision of the State of Texas created and established
under the Constitution and laws of the State of Texas.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The intent of this paragraph is to assure that the taxpayers of the City receive full benefit
"qualified" status on debt issued and not subsidize the interest expense of other debt issuers
utilizing corporations created by the City on their behalf. Any differential in interest expense to
the City between "qualified" and non-qualified" tax exempt debt status that results from debt
issued through corporations established by the City Council will be born by those issuers of debt.
The differential will be prorated among the issuers utilizing the corporations based on the
amount of debt is issues to total debt issued by all corporation issuers during the calendar year.
Any differential in the City's cost shall be calculated by the City's financial advisor based on
market conditions on the date of the City sale of debt.
Issuers utilizing the corporations shall agree to make annual payments to the City in lieu of ad
valorem taxes that would have been owed to the City. Other taxing entities will be consulted
when the special agreements are drawn up.
Each case will be considered individually in order to grant relief from said policies.
DULY PASSED AND APPROVED by the City Council of the City of Coppell, Texas
on the __ day of ,2001
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROV/~ TO FORM:
ROt~,T E. ~IA~]R, CYI ATTORNEY
T H £C: ! T Y 0
C-OFF-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM #
ITEM CAPTION: Consider approval of a Resolution authorizing and approving the creation of a health
facilities development corporation on behalf of the City of Coppell, Texas; approving articles of
incorporation, appointment of Directors, and approving by laws, and authorizing the Mayor to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: This item is being brought forth as discussed during the City Council Work Session
on May 22, 2001.
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST $
+N-BID $
DIR. INITIALS r~
Agenda Request Form - Revised 5/00
FIN. REVIEV¢~
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AUTHORIZING AND APPROVING THE CREATION OF A HEALTH
FACILITIES DEVELOPMENT CORPORATION ON BEHALF OF THE
CITY OF COPPELL, TEXAS; APPROVING ARTICLES OF
INCORPORATION; AND PROVIDING AN EFFECTIVE DATE.
WltEREAS, the city of Coppell, Texas (the "Sponsoring Entity") is a duly created
municipal corporation and political subdivision of the State of Texas created and established under
the Constitution and laws of the State of Texas; and,
WItE~S, the City of Coppell desires to create non-profit corporation to provide a
financial vehicle to provide tax free bonds to qualified private health care providers and entities;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS,
SECTION 1. That, the governing body of the Sponsoring Entity has found and determined,
and hereby finds and determines, that it is in the public interest and to the benefit of its residents and
the citizens of this state that a health facilities development corporation be created to promote and
develop new, expanded, or improved health facilities in order to assist the maintenance of the public
health and public welfare, with such health facilities development corporation to be known as the
"Coppell Health Facilities Development Corporation".
SECTION 2. That, the governing body of the Sponsoring Entity, in accordance with
Chapter 221, TEXAS HEALTH AND SAFETY CODE, hereby approves the Articles of Incorporation
and the Bylaws, which are attached hereto and incorporated herein as Exhibits "A" and "B",
respectively, proposed to be used in organizing the health facilities development corporation;
and, the initial directors named in said Articles of Incorporation shall be hereby appointed, as the
initial directors by the governing body of the Sponsoring Entity.
PAGE !
41626
SECTION 3. That, the public purpose of the Sponsoring Entity is to provide a
health facilities development corporation that may acquire, construct, finance, and refinance
of health facilities in order to assist the maintenance of public health pursuant to the Health
Facilities Development Act, Section 2213 of the TEXAS HEALTH CODE.
SECTION 4. If any article, paragraph, subdivision, clause or provision of this
resolution be adjudged invalid or held unconstitutional for any reason, such judgment or
holding shall not affect the validity of this resolution as a whole or any part or provision
thereofi other than the part so declared to be invalid or unconstitutional.
SECTION S. This Resolution shall become effective immediately from and after
its passage and it is accordingly so resolved.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the __ day of ,2001.
CITY OF COPPELL, TEXAS
CANDY SHEEHAN, MAYOR
ATTEST:
APPROVED AS TO FORM:
LIBBY BALL, CITY SECRETARY
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 6/7/01)
PAGE 2
41626
ARTICLES OF INCORPORATION
OF
COPPELL HEALTH FACILITIES DEVELOPMENT CORPORATION
STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WE, THE UNDERSIGNED natural persons, not less than three in number, each of whom
is at least 18 years of age, and each of whom is a resident of the City of Coppell, Texas acting as
incorporators of a nonprofit health facilities development corporation (the "Corporation") under
the "Health Facilities Development Act," with the approval of the governing body of the City of
Coppell, Texas (the "Sponsoring Entity"), as evidenced by the Resolution duly adopted at a
public meeting, which is attached hereto and made a part hereof for all purposes, do hereby adopt
the following Articles of Incorporation for the Corporation:
ARTICLE ONE
The name of the Corporation is Coppell Health Facilities Development Corporation.
ARTICLE TWO
The Corporation is a nonprofit health facilities development corporation under the Texas
Health Facilities Development Act.
ARTICLE THREE
The period of duration of the Corporation is perpetual.
ARTICLES OF INCORPORATION - PAGE 1 41627
ARTICLE FOUR
The Corporation is organized exclusively for the lawful purposes, as provided in the
Texas Health Facilities Development Act, as amended, to benefit and accomplish the public
purpose of, and to act on behalf of, the Sponsoring Entity and the specific purpose for which the
Corporation is organized and may issue bonds on behalf of the Sponsoring Entity is to acquire,
construct, provide, improve, finance, and refinance health facilities to assist the maintenance of
the public health pursuant to the Health Facilities Development Act.
The Corporation is a constituted authority and a public instrumentality within the
meaning of the regulations of the United States Treasury Department and the rulings of the
Internal Revenue Service prescribed and promulgated pursuant to Section 103 of the INTERNAL
REVENUE CODE of 1986, and the Corporation is authorized to act on behalf of the Sponsoring
Entity as provided in these Articles of Incorporation.
The Corporation is not a political subdivision or political corporation of the State of
Texas within the meaning of its constitution and laws, including without limitation Article III,
Section 52 of said constitution, and no agreements, bonds, debts or obligations of the
Corporation are or shall ever be deemed to be the agreements, bonds, debts or obligations, or the
lending of credit, or a grant of public money or thing of value, of or by the Sponsoring Entity, or
any other political corporation, subdivision or agency of the State of Texas, or a pledge of the
faith and credit of any of them.
ARTICLE FIVE
The Corporation has no members and is a nonstock corporation.
ARTICLES OF INCORPORATION - PAGE 2
41627
ARTICLE SIX
The Articles of Incorporation may at any time and from time to time be amended as
provided in the Texas Health Facilities Development Act if the governing body of the
Sponsoring Entity, by appropriate resolution finds and determines, that such amendment is
advisable and authorizes or directs that such amendment be made.
ARTICLE SEVEN
The street address of the initial registered office of the Corporation is 255 Parkway
Boulevard, Coppell, Texas 75019 and the name of its initial registered agent as such address is
Jim Witt.
ARTICLE EIGHT
The affairs of the Corporation shall be managed by a board of directors which shall be
composed in its entirety of persons appointed by the governing body of the Sponsoring Entity.
The number of directors constituting the initial board of directors is five (5). The names and
street addresses of the persons who are to serve as the initial directors and the dates of expiration
of their initial terms as directors, are as follows:
ARTICLES OF INCORPORATION- PAGE 3 41627
NAMES
ADDRESSES
DATE OF
EXPIRATION
OF TERM .
05/02/2002
05/02/2003
05/02/2004
05/02/2005
05/02/2006
Each director, including the initial directors, shall be eligible for appointment. Directors are
removable by the governing body of the Sponsoring Entity for cause or at will, and must not be
appointed for a term in excess of six years. The directors shall serve as such without
compensation except that they shall be reimbursed for their actual expenses incurred in the
performance of their duties as directors. Any vacancy occurring on the board of directors
through death, resignation or otherwise shall be filed by appointment by the governing body of
the Sponsoring Entity to hold office until the expiration of the term.
ARTICLES OF ~NCORPORATION- PAGE 4 41627
ARTICLE NINE
The name and street address of each incorporator are:
NAME
Jim Witt
Clay Phillips
Gary Sieb
ADDRESS
255 Parkway Boulevard
Coppell, Texas 75019
255 Parkway Boulevard
Coppell, Texas 75019
255 Parkway Boulevard
Coppell, Texas 75019
ARTICLE TEN
The address of the Sponsoring Entity is City of Coppell, Texas, 255 Boulevard, Coppell,
Texas 75019. The Sponsoring Entity has specifically authorized the Corporation by Resolution
to act on its behalf to further the public purposes stated in said Resolution and these Articles of
Incorporation, and the Sponsoring Entity has by said Resolution approved these Articles of
Incorporation. A copy of said Resolution is attached to these Articles of Incorporation and made
a part hereof for all purposes.
ARTICLE ELEVEN
No dividends shall ever be paid by the Corporation and no part of its net earnings
remaining after payment of its expenses shall be distributed to or inure to the benefit of its
directors or officers or any individual, firm, corporation or association, except that in the event
the board of directors shall determine that sufficient provision has been made for the full
payment of the expenses, bonds and other obligations of the Corporation, then any net earnings
of the Corporation thereai%er accruing shall be paid to the Sponsoring Entity. No part of the
ARTICLES OF INCORPORATION- PAGE 5 41627
Corporation's activities shall be carrying on propaganda, or otherwise attempting to intervene in,
(including the publishing or distributing of influence legislation, and it shall not participate in, or
statements), any political campaign on behalf of or in opposition to any candidate for public
office.
ARTICLE TWELVE
If the Corporation ever should be dissolved when it has, or is entitled to, any interest in
any funds or property of any kind, real, personal or mixed, such funds or property or rights
thereto shall not be transferred to private ownership, but shall be transferred and delivered to the
Sponsoring Entity after satisfaction provision for satisfaction of debts and claims.
Jim Witt
Clay A. Phillips
Gary Sieb
ARTICLES OF INCORPORATION - PAGE 6 41627
THE STATE OF TEXAS
COUNTY OF DALLAS
I, the undersigned, a Notary Public in and for Dallas County, do hereby certify that on
this day of ,2001, personally appeared Jim Witt, Clay A. Phillips, and
Gary Sieb, who, each being by me first duly sworn, severally declared that they are the persons
who signed the foregoing documents as incorporators, and that the statements therein contained
are true.
IN WITNESS THEREOF, I have hereunto set my hand and seal of office the day and
year above written.
(Seal)
Notary Public in and for Dallas County, Texas
My Commission Expires:
ARTICLES OF INCORPORATION - PAGE 7 41627
COPPELL HEALTH FACILITIES DEVELOPMENT CORPORATION
BYLAWS
ARTICLE I
OmCES
SECTION 1.01. The principal office of Coppell
Corporation (the "Corporation") shall be at Coppell, Texas.
Health Facilities Development
ARTICLE II
DIRECTORS
SECTION 2.01. The affairs of the Corporation shall be managed by a board of directors
(the "Board") which shall be composed in its entirety of persons appointed by, and whose terms
of office shall be fixed by, the governing body of the City of Coppell, Texas (the "Sponsoring
Entity").
SECTION 2.02. Vacancies in the Board, including vacancies to be filled by reason of an
increase in the number of directors, shall be filled for the unexpired term by the appointment of
successor directors by the governing body of the Sponsoring Entity.
SECTION 2.03. The property and business of the Corporation shall be managed by the
Board which may exercise all powers of the Corporation and do all lawful acts.
SECTION 2.04. The annual meeting of the Board shall be held at the principal office of
the corporation on the second Tuesday of each May, of each year, if not a legal holiday, and if a
legal holiday, then at the next secular day following, at 5:30 o'clock, p.m., or at such time and
place as shall be fixed by the consent in writing of all of the directors. All other meetings may
be held at the place selected by the Board within the boundaries of the State of Texas.
SECTION 2.05. Regular meetings, other than the annual meeting, may be held without
notice at such time as shall from time to time be determined by resolution of the Board.
SECTION 2.06. Special meetings of the Board may be called by the President on three
days' notice to each director, either personally or by mail or by telegram; special meetings shall
be called by the President or Secretary in like manner or like notices on the written request of
two directors.
SECTION 2.07. At all meetings of the Board the presence of a majority of the directors
shall be necessary and sufficient to constitute a quorum for the transaction of business and the act
ora majority of the directors present at any meeting at which there is a quorum shall be the act of
the Board, except as may be otherwise specifically provided by these Bylaws. If a quorum shall
not be present at any meeting of the directors, the directors present thereat may recess the
COPPELL HEATH FACILITIES DEVELOPlvlENT CORPORATION
BYLAWS - PAOE 1 41627
meeting fi.om time to time, without notice other than announcement at the meeting, until a
quorum shall be present.
SECTION 2.08. A meeting of the Board can be held at any time without notice upon the
execution by all directors of a written waiver of notice, and likewise may be held without notice
when all the directors are present at the meeting.
SECTION 2.09. Any action required by the Health Facilities Development Act to be
taken at the meeting of the Board or any action which may be taken at a meeting of the Board
may be taken without a meeting if a consent in writing, setting forth the action to be taken, shall
be signed by all the directors. Such consent shall have the same force and effect as a unanimous
vote and may be stated as such in any articles or document filed with the Secretary of State under
the Health Facilities Development Act.
SECTION 2.10. All meetings of the Board shall be held within the State of Texas.
COMMITTEES OF DIRECTORS
SECTION 2.11. The Board may, by resolution or resolutions adopted by a majority of
the whole Board, established one or more committees, each committee to consist of two or more
of the directors of the Corporation. Such committee or committees shall have such name or
names, and such powers, as may be determined from time to time by resolution adopted by the
Board of Directors.
SECTION 2.12. The committees shall keep regular minutes of their proceedings and
report the same to the Board when required.
SECTION 2.13. Directors, as such, shall receive no compensation for services rendered
as directors, but shall be reimbursed for all reasonable expenses incurred in performing their
duties as directors.
ARTICLE III
NOTICES
SECTION 3.01. Whenever under the provisions of the statutes or these Bylaws, notice is
required to be given to any director, it shall not be construed to mean personal notice, but such
notice may be given in writing, by mail, addressed to such director at such address as appears on
the books of the Corporation, and such notice shall be deemed to be given at the time when the
same shall be thus mailed.
SECTION 3.02. Whenever any notice is required to be given under the provisions of the
statutes or of these Bylaws, a waiver thereof in writing signed by the person or persons entitled
to said notice, whether before or alter the time stated therein, shall be deemed equivalent thereto.
COPPELL HEATH FACILITIES DEVELOPMENT CORPORATION
BYLAWS - PAGE 2
41627
ARTICLE IV
OFFICERS
SECTION 4.01. The officers of the Corporation shall be chosen by the Board. The
Board shall choose from its members a President and a Vice President. The Board shall also
choose a Secretary and a Treasurer who may or may not be members of the Board. Any two or
more officers may be held by the same person, except the offices of President and Secretary.
SECTION 4.02. The Board shall choose such officers at its first meeting and at each
annual meeting thereafter in even number years.
SECTION 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall
serve until the second annual meeting of the Board thereafter or until their successors are chosen
and qualify in their stead.
SECTION 4.04. The Board may appoint such other officers and agents as it shall deem
necessary, who shall hold their offices for such terms and shall exercise such powers and
perform such duties as shall be determined from time to time by the Board.
SECTION 4.05. Any officer elected or appointed by the Board may be removed at any
time by the affirmative vote of a majority of the whole Board. If the office of any officer
becomes vacant for any reason, the vacancy shall be filled by the Board.
The President
SECTION 4.06. The President shall preside at all meetings of the directors.
SECTION 4.07. The President shall be ex-officio a member of all standing committees,
shall have general supervision of the management of the business of the Corporation, and shall
see that all orders and resolutions of the Board are carried into effect.
SECTION 4.08. The President shall execute bonds, mortgages and other contracts
requiring a seal, under the seal of the Corporation, except where required or permitted by law to
be otherwise signed and executed and except where the signing and execution thereof shall be
expressly delegated by the Board to some other officer or agent of the Corporation.
Vice President
SECTION 4.09. The Vice President shall, in the absence or disability of the President,
perform the duties and exercise the powers of the President, and shall perform such other duties
as the Board shall prescribe.
COPPELL HEATH FAcmrrms DEVELOPMENT CORPORATION
BYLAWS - PAGE 3
41627
The Secretary
SECTION 4.10. The Secretary shall attend all sessions of the Board and record all votes
and the minutes of all proceedings in a book to be kept for that purpose and shall perform like
duties for the standing committees when required. He shall give, or cause to be given, notice of
all special meetings of the Board and shall perform such other duties as may be prescribed by the
Board or the President, under whose supervision he shall be. He shall keep in safe custody the
seal of the Corporation and, when authorized by the Board, affix the same to any instrument
requiring it, and, when so affixed, it shall be attested by his signature. And when the corporate
seal is required as to in,~,mments executed in the course of ordinary business he shall attest to the
signature of the President or Vice President and shall affix the seal thereto.
The Treasurer
SECTION 4.11. To the extent not otherwise provided by the Board, by rules or
regulations, in resolutions relating to the issuance of bonds, or in any financing documents
relating to such issuance, the Treasurer shall have the custody of the corporate funds and
securities and shall keep full and accurate accounts of receipts and disbursements in books
belonging to the Corporation in a depository as shall be designated by the Board. He shall
disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers
for such disbursements, and shall render to the President and directors, at the regular meetings of
the Board, or whenever they may require it, an account of all his transactions as Treasurer and of
the financial condition of the Corporation.
SECTION 4.12. The Board may require the President, Vice President, the Secretary, and
the Treasurer to give the Corporation bonds in such sums and with such surety or sureties as
shall be satisfactory to the Board for the faithful performance of the duties of their office and for
the restoration in the Corporation, in case of his death, resignation, retirement or removal from
office, of all books, papers, vouchers, money and other property of whatever kind in his
possession or under his control belonging to the Corporation.
SECTION 4.13. The provisions of the Texas Uniform Facsimile Signature of Public
Officials Act shall be applicable to the Corporation, which is a duly constituted instmmentality
of the Sponsoring Entity, a political subdivision of the State of Texas.
ARTICLE V
FISCAL PROVISIONS
SECTION 5.01. No dividends shall ever be paid by the Corporation and no part of its net
earnings remaining after payment of its expenses shall be distributed to or inure to the benefit of
its directors or officers or any individual, firm, corporation, or association, except that in the
event the board of directors shall determine that sufficient provision has been made for the full
payment of the expenses, bonds, and other obligations of the Corporation, then any net earnings
of the Corporation thereafter accruing shall be paid to the Sponsoring Entity. No part of the
Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence
COPPELL HEATH FACILITIES DEVELOPMENT CORPORATION
BYLAWS - PAO~. 4 41627
legislation, and it shall not participate in, or intervene in (including the publishing or distributing
of statements), any political campaign on behalf of or in opposition to any candidate for public
office.
SECTION 5.02. The Board shall have prepared for each annual meeting a full and clear
statement of the business and condition of the Corporation.
Checks
SECTION 5.03. All checks or demands for money and notes of the Corporation shall be
signed by such officer or officers or such other persons as the Board may from time to time
designate, provided that in no event shall a check be negotiable until it is singed by at least one
officer.
Fiscal Year
SECTION 5.04. The fiscal year shall be determined by resolution of the Board.
ARTICLE VI
SEAL
SECTION 6.01. The corporate seal shall be circular and shall have inscribed in the outer
circle "Coppell Health Facilities Development Corporation" and shall have inscribed in the inner
circle the letters "T-E-X-A-S" and a five-pointed star. Said seal may be used by causing it or a
facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal
thus authorized is affixed opposite to this section.
ARTICLE VII
AMENDMENTS
SECTION 7.01. These Bylaws may be altered, changed, or amended at any meeting of
the Board at which a quorum is present, provided notice of the proposed alteration, change or
amendment be contained in the notice of such meeting, by the affirmative vote of a majority of
the directors present at such meeting.
ADOPTED AND APPROVED this the day of
,2001.
President
COPPELL HEATH FACILITIES DEVELOPMENT CORPORATION
BYLAWS - PAGE 5 41627
FISCAL YEAR POLICY OF CITY
The intent of this paragraph is to assure that the taxpayers of the City receive full benefit
of "qualified" status on debt issued and not subsidize the interest expense of other debt issuers
utilizing corporations created by the City on their behalf. Any differential in interest expense to
the City between "qualified" and "non-qualified" tax exempt debt status that results from debt
issued through corporations established by the City Council will be bom by those issuers of debt.
The differential will be prorated among the issuers utilizing the corporations based on the
amount of debt it issues to total debt issued by all corporation issuers during the calendar year.
Any differential in the City's cost shall be calculated by the City's financial advisor based on
market conditions on the date of the City sale of debt.
Issuers utilizing the corporations shall agree to make annual payments to the City and
Northwest Dallas County Flood Control District No. 1 in lieu of ad valorem taxes that would
have been owed by the City and the District, respectively.
Fiscal Year Policy of City - Solo Page 41627
T H E C I T Y 0 F
LOPPLLL AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1186-Potter Concrete, zoning change request from LI (Light Industrial) to LI-
SUP (Industrial, Special Use Permit), to allow for the operation of a concrete batch plant, for a period not to exceed
one year, on approximately 1.16 acres of property located approximately 900 feet west of the intersection of
Creekview & Royal, on the west side of Creekview Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 19, 2001
Decision of P&Z Commission: Approved (5-0) with
Halsey voting in favor. None opposed.
Commissioners Stewart, Nesbit, Kittrell, Clark and
Staff recommends approval, subject the following conditions:
1) The applicant shall be permitted to remain operational on the subject site for a period not to exceed
one year from date of ordinance adoption, while maintaining the required permits through the Texas
Natural Resources Conservation Commission.
2) The applicant shall provide a copy of all TNRCC permits to the City.
3) Once operations of the concrete batch plant cease, the applicant shall restore the subject site to its
original condition
DIR. INITIALS: ~ / FIN. REVIEW:(~
Agenda Request Form /00
CASE NO.:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
S-1186 POTTER CONCRETE
P & Z HEARING DATE:
C.C. HEARING DATE:
May 17, 2001
June 12, 2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
Along the west side of Creekview Drive, approximately 900 feet
south of Royal Lane.
Approximately 1.16 acres of property.
LI (Light Industrial)
LI-S.U.P. (Light Industrial, Special Use Permit) for a temporary
concrete batch plant.
John P. Harris
Potter Concrete
4820 Gretna
Dallas, TX 75207
(214) 630-2191
FAX: (214) 689-1066
HISTORY:
TRANSPORTATION:
There has been no platting history on the subject site.
Royal Lane is a C4D/6 four-lane divided collector built to standard in
a 100'-wide right-of-way capable of accommodating a 6-lane divided
thoroughfare. Creekview Drive is a C2U two-lane undivided
collector built to standard within a 60'-wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- vacant; "LI" Light Industrial
South-vacant; "LI" Light Industrial
East - office/warehouse; "LF' Light Industrial
West - vacant; "LI" Light Industrial
Item # 6
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
Light Industrial and showroom uses.
DISCUSSION:
The applicant is requesting special use permit approval to allow the
operation of a temporary concrete batch plant located at the west end of
Creekview Drive. According to the Zoning Ordinance, temporary concrete
batch plants are permitted for a period not to exceed 90 days. If additional
time is needed beyond the permitted 90-days, a special use permit is
required. The applicant has indicated to staff that typically the 90-day
allowance for the batch plant would provide adequate time to serve one
site; however, in this instance, the applicant will be serving four large off-
site locations from this batch plant.
The applicant will serve the following locations:
Freeport VII-Lot 2, Block A, Freeport North (611 Royal Lane)
· Tradepoint Industrial Park (Champion Parmers)
NE comer of Royal 8,: Bethel
· Freeport IX (Duke-Weeks Realty Corp.)
North side of Bethel Road, at Freeport Parkway Extension
· Koll -Coppell Commerce Center (Koll Development)
NE comer of Freeport Parkway & Bums
The temporary concrete batch plant is located on Fellowship Church
property. A letter was provided to the City that indicates the approval by
the Fellowship Church Facilities Manager for the placement of the batch
plant on the property. As noted in the letter, the applicant will be required
to return the property to its original condition subsequent to the operations
of the concrete batch plant. To ensure that the site is restored to its
original state, staff has included a recommendation to this effect.
Additionally, at the request of staff, the applicant has provided a fire lane,
providing emergency access to the batch plant.
In order to protect and preserve the vacant Fellowship Church property,
the applicant has constructed a silt fence surrounding the entire area of
activity related to the operations of the batch plant. The applicant has also
secured the necessary permits through the Texas Natural Resource
Conservation Commission. It is staff's understanding that the permit
through TNRCC is also of a temporary nature, for a period not to exceed 6
months, allowing for 90-day extensions up to one full year. Staff requests
that the applicant maintains a current TNRCC permit and provide a copy
for our records.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the special use permit, subject to the
following conditions:
Item # 6
1)
2)
3)
The applicant shall be permitted to remain operational on the subject site for
a period not to exceed one year, while maintaining the required permits
through the Texas Natural Resources Conservation Commission.
The applicant shall prOvide a copy of all TNRCC permits to the City.
Once operations of the concrete batch plant cease, the applicant shall restore
the subject site to its original condition
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1)
2)
3)
2)
Letter to Fellowship Church
Letter from TNRCC (2 pages)
Overall Site Map
Site layout
Item # 6
RAYMOND
CONSTRUOTION 11'40
February 14, 2001
Fellowship Church
Arm: Operations M.,~ager
Cx~MM~w Dr~ve Property
CoppeU, Texa~
Dear Siz:
Per your conversation wi~h Brace Harris on Februa~ 9e, Raymo.~d Comstru~tion Company will.
put in a concrete batclx pi. ant on the property owned by Fellowship Church located at Creekview
Drive in Coppell.
We will not cut down any trees and the l:rr .operty will be cleared Of any debris ~vhen the job is
finished.
Bx¢outivc Vice President
By;
.-~~ ~ ~"Fell°wship Churci 00
Date: &-~O
44o7 N~,-t~ la. ohwood P.qtk~'OF ' Suite 10&
97~.91'10.44U4 'rt~i. * 972.pS0.&.'rT0 ,,^x · wWw.raymandcon.¢mz
TOTP. L P o 02
Mar-30-01 01: 18P City. of
'RJbcrt'J. Huston; Chairm?n~ ".i
John ~. ~r, ~mmi~iO~ ' - ......
972 3O4 3514
Co ~ppe 'i '1
i. ~ .;, ~. .,. .' ~. ~ .!' :~' , .~ ~' '~ ' ~ ~' ' ' - ~ '
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting ?ex~ 69 Reducin9 and Pre~nting Pollution
March 2, 2001
P .03
Mr. John P. Harris
Portable Production Manager
Potter Concrete, Incorporated
240 Singleton Boulevard
Dallas, Texas 752 ! 2
Re:
Portable Concrete Batch Plant No. i
TNRCC Acct. No. 94-0323-F
Coppell, Dallas County
Dear Mr. Harris:
This is to acknowledge receipt of the information required for review by this agency prior to movement
of your Portable Concrete Batch Plant No. ! to a new site. Your cooperation in this matter is appreci-
ated.
The information submitted in support of your request has been evaluated and determined to be substan-
tially equivalent to that provided in the Application for Permit to Construct. Based on the evidence
presented and information gathered by this office, it has been determined that authorization can be
granted to construct and operate this permit unit at a site located at i 300 Creekview Drive, Coppell,
Dallas County, Texas. This authorization is contingent upon continued compliance with the terms of the
Permit No. 40323 which are legally enforceable.
Sincerely,
Tony L. Walker
Air Section Manager
Region 4 - Arlington
TLWlamr
Re~,£)'TO: R£CION 4 · 1101 E. ARKA~ [,~E · ARLINGTON, TI;US 76010-6499 · 817/469-6750 ' F~ 817/795-2519
P.O. Box 13087 · AusOn, Texas 78711-3087 · 512/239-1000 · Internet address: www.tnrcc.state.tx.us
prmted_ol~ r¢ct~ic~ paper ulinl se)-.b&~d ink
b. Permit Number:
4. Quantity and type of air pollution control equipment: d_~,~.~'~ ! ~-
5. Location plant is ~o be ~ved from (city, county, exact location
description): ~0 ~ ~ / ~p~l~~S ~//~.s
Loca~to~ pl~n~ is ~o be ~ved ~o (city., county, exac~
description): 1~o4 ~ff V,'~ 0~: ~p~l/~ ~!/~
7. Area map showing location of new site:
8. Proposed date for start of construction: ~~ ~y ~ ~ ~a/
9. Proposed date for start of operation: ~4~
lO. Expected length of ti~ at new location:
Has a copy of this notification has been sent to the
regional office of the Texas Air Control Board having
jurisdiction over the area to which this plant is to be
~ved?
,o
It is hereby agreed that the facility identified herein will not be
constructed at the proposed site or any other site until authorization
is received fro~ the Executive Director of the Texag Air Control Board.
DAVE
Signature
Name
Title
41' b-b
THENCE N 34.-4~'-,59" W
THENCE N ~0-58'-30'W
THENCE N 86-55'-28'W
TI-~NCE
THENCE N 10-01'3(TW
THENCE N 9-3T41"E
THENCE N 21..36'43~
THENCE N 29~1'.5~'E
THENCE N 38-36'44'E
THENC~ N 57-1713'E
THENCE S 85-SZ-14'E
THENCE $1- 15'-20"E
S 85' 2'13
'/~ SCALE: 1"= 50'
R~K PILE
POrll=~ PLANT # 16
BEGINNING AT A POINT FOR CORNE-~ AT THE SOU'FHEAST CORNER OF A SILT FENCE
FOR THE POTTER PLANT # 16.
SAID PONIT BEING LOCATED S 0-0~'-30" E 121 8' AND S 89-50'-30' W 590' FROM THE
NORH"~NEST CORNER OF LOT 2, BLOCK A OF THE FREEPORT NORTH ADDrnON
(VOL. 2~X3102, PG 4826) C;TYOF COPPEL, TX
THENCE S 87-34'-57" W 12 ,'~ TO A FNECE CORNER
4940' TOA FENCE CORNER
~SgO' TO A FENCE CORNER
94 48 TO A FENCE CORNER
4S. 73' TO A FENCE CORNER
3~.g3' TO A F~mNCE CORNER
30 22' TO A FENCE CORNER
104.45' TO A FENCE CORNER
50.21' TO A ~ CORNER
~.~2' TO A FNECE CORNER
18.35' TO A FENCE CORNER
gS~' TO A ~CENCE CORNER
ANO CONTAINING 1 163~ ACRES OF LAND OR 506~4 7362 SQ. FEET
1
LOT 2, E
FREEI:~)~'T h
W
W
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UJ
F
C'OPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-190 Trinity Shores, zoning change request from R (Retail) to PD- SF-9
(Planned Development - Single-Family-9) to allow the development of 19 single-family homes on approximately
7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 19, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners Stewart, Nesbit, Kittrell, Clark and
Halsey voting in favor. None oppOsed.
Staff recommends approval subject to the following conditions:
1. The final plat shall not be filed prior to the release of the updated F.E.M.A. maps, indicating that this
property has been removed from the flood plain.
1994.. (CONDITION MET)
3 R !
~b,, (CONDITION MET~
(CONDITION MET)
n~a.,..A,. ^- ~ ,-,, I ~ .,~,;,4, ,..~,~o ,,~rmz ,,. Ci.~"' (CONDITION MET)
6. Submission c~'"" ~' .... ,:^. A~-,uo d ~'":'~ ..... ' (CONDITION MET)
................... propose
· u ...... · (CONDITION MET)
8. Approval of the Homeowner's association documents by the City Attorney.
(CONDITION MET)
_~,_.~,:~. ~c,4.~ ~. ...... ~:,-u:. ,u~ .. .....
DIR. INITIALS: ~5 FIN. REVIEW: 0t~k CITY MANAGER REVIEW~
/ 0 Document Name: ~PD190Trinzc
Agenda Request Form - Revised 5 0
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD 190, TRINITY SHORES
P & Z HEARING DATE:
C.C. HEARING DATE:
May 17, 2001
June 12, 2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
Along the south side of Sandy Lake Road, west of the Trinity
River.
Approximately 7.34 acres of property.
R (Retail)
Planned Development District SF-9 (Single Family-9) for the
development of 19 single family homes.
APPLICANT:
Owner
Matthew Marchant
Hobart Development, Inc.
2125 N. Josey Lane, Suite 100
Carrollton, Texas 75006
972-841-6127
FAX 972-446-1108
Engineer
Jahvani Consulting Engineers
2125 N. Josey Lane, Suite 202B
Carrollton, Texas 75006
972-446-0605
FAX 972-446-1108
HISTORY:
TRANSPORTATION:
This property has been zoned retail since the 1980's.
Sandy Lake Road is currently a two-lane asphalt road. On the
Thoroughfare Plan it is designated as a C4D/6. Initial improvement
will be to a four lane divided thoroughfare and could be expanded
to a six-lane in the future.
SURROUNDING LAND USE & ZONING:
North- Undeveloped; "A"- Agriculture
Item//4
South - Single Family Homes and Golf Course; SF-7, Eagle Point Village
at Riverchase and Riverchase Golf Course
West -Single Family Homes and undeveloped; SF-9, Riverview Estates
and "R" - Retail
East - Bait Shop and out-buildings, Trinity River Flood Plain; "R"-
Retail
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
flood plain. However, according to preliminary F.E.M.A.
studies, all but the southwest comer of the property is out
of the 100-year flood plain.
DISCUSSION:
The applicant is requesting to rezone this 7.34 acre tract of land from
Retail to Planned Development district for 19 single family homes. The
development will be in conformance with the SF-9 District regulations of
the Zoning Ordinance. The variances being requested are contained
within the Subdivision Ordinance, specifically, the deletion of the alley
requirement and approval of cul-de-sac length which exceeds the
maximum of 600 feet.
As mentioned, this property is currently zoned for retail uses. Given the
size, shape and depth of the property, typical non-residential uses would
not be viable. Assuming the same retail depth as the property abutting to
the west, approximately one acre could technically be developed for
retail uses along the Sandy Lake Road frontage. However, this would
render the remaining land impractical to develop. The residential use,
with the proposed buffer and screening from Sandy Lake Road, is a
more viable development option.
The Comprehensive Plan indicates this area as flood plain. However, a
preliminary F.E.M.A. map update has determined that all but the
southeast comer of the property is actually out of the flood plain. A
revised map from F.E.M.A is expected to be released in August of this
year. Staff advises the applicant that a fmal plat will not be processed
until such time that flood plain designation has officially shifted as shown
by the applicant.
This Planned Development District is proposed to include 19 single-
family lots that range in size from 9,000 to 33,000 square feet. These
lot sizes compare favorably with the surrounding zoning and
development patterns. In fact, these proposed lots are larger than any
residential sites around them. The largest lots in the development are
proposed to abut Riverchase Golf Course. There is an inconsistency
between the lot area of lot 19 stated on the Zoning Exhibit and the
Item # 4
Preliminary Plat which needs to be rectified. It appears that the common
area has not been deducted from this lot on the Zoning Exhibit.
Sandy Lake Road is a primary image zone. Therefore, a 15-foot
landscape buffer is proposed. The Landscaping will consist of Cedar
Elm and Burr Oak over-story trees, accent trees consisting of Crape
Myrtles and Red Buds, shrubs and seasonal plantings. Staff has
recommended that the applicant provide additional Red Bud trees within
the east common area, to match the adjacent west common area. There
is a note on the Zoning Exhibit that there will be a 6-foot high masonry
wall, constructed of Acme Brick,//221 (Old Colonial) installed along the
southern property line of the common area. While the applicant has not
submitted an elevation of the wall, photographs of walls, similar to that
which the applicant plans to construct, have been submitted. This wall
will provide for an additional noise and visual buffer between Sandy
Lake and the proposed single family homes. Staff has included a
condition requiring the submission of the wall elevation.
Again, two variances are being requested from the Subdivision
Ordinance, the deletion of the alleys and the length of the cul-de-sac.
The deletion of the alleys is appropriate given the lack of alleys in the
abutting subdivisions as well as the effort to preserve existing trees on
the southern lots. Staff is pleased that a number of trees will be
preserved as a result of the proposed layout; however, alleys provide the
assurance that garage doors will face to the rear of the property and not
be visible from the street. While this issue has not been discussed with
the applicant, staff suggests that it would be desirable for the homes to
be constructed with swing entry garages, restricting direct views from
the street.
The length of the cul-de-sac is a bit more problematic. The Subdivision
Ordinance states that the length of a cul-de-sac shall be a maximum of
600 feet. The proposal is for a cul-de-sac length of 740 feet, exceeding
the maximum by 140 feet. As stated in the attached comment from the
Fire Marshal, Travis Crump, a reduction in the length of the cul-de-sac
or provision of a second access point to this subdivision is most
desirable. Unfortunately, given the shape of the property, the existing
flood plain area, and the surrounding development patterns, a second
point of access is not feasible. Because a maximum of 19 lots is planned
here, it could be argued the additional cul-de-sac length is justified.
Indeed, a typical SF-7 development with a 600-foot long cul-de-sac could
actually contain the same number of lots as requested here.
Similar to other residential subdivisions, the necessary easements are
proposed throughout the site. A 20' drainage easement is located
between lots 11 & 12, a 20' sanitary sewer easement is located between
Item # 4
lots 5 & 6, and an additional drainage easement is located at the rear of
lot 11, in line with the "proposed" floodplain line. Due to the alignment
of the proposed 20' sanitary sewer easement, lot 6 in particular, is
limited in its placement of structures. In order to prevent a conflict with
the intended operation of these easements, staff has included a condition
prohibiting the placement of any structures, other than perimeter fencing,
within these easements.
Though drainage easements have been provided, Staff should note that
concerns remain regarding how the drainage along the west and south
sides of the development will be addressed and has indicated to the
applicant that it may be necessary to provide a drainage system in this
area. Staff recommends the applicant study this area and resolve this
issue prior to final plat submittal.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the zoning change request, subject to the following
conditions:
1. The final plat shall not be filed prior to the release of the updated F.E.M.A.
maps, indicating that this property has been removed from the flood plain.
2. The 100-year floodplain line should be based on the current F.E.M.A map,
published April 15, 1994.
3. Resolve the inconsistency between the lot area of lot 19 on the Zoning Exhibit
and the preliminary plat.
4. Improvements within the drainage, sanitary sewer or 100-year floodplain
easements, other than perimeter fencing, are strictly prohibited. A note to this
effect shall be placed on the zoning exhibit.
5. Delete note on Lot 11, which reads "ROW to City".
6. Submit an elevation of the proposed brick wall.
7. Provide two additional Red Bud trees on the east common area, to mirror the
landscaping proposed on the west common area.
8. Confirm the approval of proposed street name "Trinity Court" with our Fire
Marshal prior to Council review.
9. Approval of the Homeowner's association documents by the City Attorney.
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) Staff Comments
Item # 4
2)
3)
4)
5)
Zoning Exhibit
Landscape Plan
Tree Survey
Tree Preservation & Mitigation Plan
Item//4
DE VEL OPMENT RE VIE W COMMITTEE
FIRE PREVENTION COMMENTS
ITEM:
PD-190 TRINITY SHORES
DRC DATE: APRIL 26, 2001
CONTACT: TRA VIS CR UMP, FIRE MARSHAL. (972) 304-3503
COMMENT S TA TUS: I IN!TL ~£ PRELIMINARY
I
1. Cul-de-sac exceeds permissible length. Reduce cul-de-sac length or provide two ways in and out of subdivision.
APR 26
REQUEST FORM
COPPELL AGENDA
CITY COUNCIL MEETING: June 12, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Trinity Shores, Preliminary Plat, to allow the platting of 19 single-family lots
approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River.
on
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 19, 2001
Decision of P&Z Commission: Approved (5-0) with
Halsey voting in favor. None opposed.
Commissioners
Stewart, Nesbit,
Kittrell, Clark and
Staff recommends approval, subject to the following conditions:
The final plat shall not be filed prior to the release of the updated F.E.M.A. maps, indicating that this
property has been removed from the flood plain.
The Ian +~n:~ ,..~ ~u~.a~ ~.~ ~,4 ,~.~ ~.arr.~+ r~ E ~ ^ ~.a.n~u~a Ap i! ~
1991. (CONDITION MET)
(CONDITION MET)
(CONDITION MET)
preHm~nmD~ plat·. (CONDITION MET)
Approval of the Homeomer's association docments by ~e Ci~ A~omcy.
b~ k .... ' (CONDITION MET)
All plied development conditions shall be reflected on the Final Plat.
DIR INITIALS'
FIN.
REVIEW:
' l~ d 5/00
Agenda Request Form - Revise
CASE:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
TRINITY SHORES PRELIMINARY PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
May 17, 2001
June 12, 2001
Along the south side of Sandy Lake Road, west of the Trinity
River.
Approximately 7.34 acres of property.
R (Retail)
Planned Development District SF-9 (Single Family-9)
Preliminary Plat approval for 19 single family lots.
APPLICANT:
Owner
Mathew Marchant
Hobart Development, Inc.
2125 N. Josey Lane, Suite 100
Carrollton, Texas 75006
972-841-6127
FAX 972446-1108
Engineer
Jahvani Consulting Engineers
2125 N. Josey Lane, Suite 202B
Carrollton, Texas 75006
972-446-0605
FAX 972-446-1108
HISTORY:
There is no platting history on this tract.
TRANSPORTATION:
Sandy Lake Road is currently a two-lane asphalt road. On the
Thoroughfare Plan it is designated as a C4D/6. Initial improvement
will be to a four lane divided thoroughfare and could be expanded
to a six-lane in the future
SURROUNDING LAND USE & ZONING:
North- Undeveloped; "A"- Agriculture
South - Single Family Homes and Golf Course; SF-7, Eagle Point Village
at Riverchase and Riverchase Golf Course
West -Single Family Homes and undeveloped; SF-9, Riverview Estates
and "R" - Retail
East - Bait Shop and out-buildings and Trinity River Flood Plain; "R"-
Retail
Item # 5
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
flood plain. However, per preliminary F.E.M.A. studies, all
but the southwest comer of the property is out of the 100-year
flood plain.
DISCUSSION:
As most of the discussion pertaining to development of this parcel is
provided within the preceding Planning Development report, staff will
limit the discussion to outstanding Preliminary Plat issues only.
Hobart Development is proposing to plat 19 single-family lots within an
"L" configuration extending from Sandy Lake Road. The applicant has
designed the subdivision to comply with the SF-9 District requirements.
The proposed plat provides two common landscape areas located on either
side of the entrance into the subdivision; lots lx and 19x. These common
areas will provide the required levels of landscaping with a 6' high
masonry screening wall; these areas will be owned and maintained by the
Homeowner's Association. The applicant must provide an elevation of
the wall.
Several staff recommendations that appeared within the Planned
Development report apply to the plat as well, and are therefore listed
again. As noted within the preceding report, the updated F.E.M.A maps
must be published prior to the applicant filing the final plat, which
indicates that the subject property is located outside the 100-year
floodplain. Staff reiterates that the floodplain lines shown on the plat
should be based on the current F.E.M.A map.
The signature blocks for the Planning & Zoning Commission Chairman
need to be omitted from the Preliminary Plat; this should be shown on the
Final Plat. There appears to be an inconsistency between the size of Lot
19 on the Zoning Exhibit and the plat; staff has asked the applicant to
remedy this.
While the applicant has provided a note on the plat that states "no
improvements will be allowed in the 100-year floodplain," Staff has
recommended that this note include drainage and sanitary sewer
easements, as well as the 100-year floodplain. This will ensure that all
approval documents reference this restriction. Although all easements
have been shown on the plat, it is possible and likely that these easements
and/or drainage patterns may be slightly altered as the applicant prepares
detailed engineering plans. These issues must be resolved prior to filing
the final plat.
Item# 5
RECOMhdENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the preliminary plat, subject to the following conditions:
1. The final plat shall not be filed prior to the release of the updated F.E.M.A. maps,
indicating that this property has been removed from the flood plain.
2. The 100-year floodplain line should be based on the current F.E.M.A map,
published April 15, 1994.
3. Improvements within the drainage, sanitary sewer or 100-year floodplain
easements, other than perimeter fencing, are strictly prohibited. A note to this
effect shall be placed on the plat.
4. Removal of the signature blocks for the Planning and Zoning Commission
Chairman and the Mayor.
5. Resolve the inconsistency between the lot area of lot 19 on the Zoning Exhibit
and on the preliminary plat.
6. Approval of the Homeowner's association documents by the City Attomey.
7. Submit an elevation of the proposed brick wall.
8. Confirm the approval of proposed street name "Trinity Court" with om' Fire
Marshal prior to Council review.
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) Preliminary Plat
Item # 5
T H E C I T Y O F
COPP-ELL AGENDA REQUEST FORM
t ~-T~-~.,% -?, q~~~CITY COUNCIL MEETING: June 12, 2001 ITEM # /4~
ITEM CAPTION:
Consider approval of Coppell Middle School West, Site Plan and Final Plat, to allow the construction of a service
center with bus/maintenance vehicle parking, several building additions, reconstruction of the concession building,
and re-paving of the parking lot on approximately 51.7 acres of property located approximately 250 feet west of the
intersection of Wrangler and Crestside Drives (1301 Wrangler Drive).
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: May 19, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners Stewart, Nesbit, Kittrell, Clark and Halsey
voting in favor. None opposed. Staff recommends approval, subject to the following conditions:
Final Plat
· (CONDITION MET)
4'~ ~-T.~ 1C~ ..~41;~-. ........ .~ ~4 ,T..~ 04~ ~ 1~ I~.~*~A ~- ...... A ~-k~
4. The applicant shall schedule a meeting with the City regarding existing and proposed water lines, prior to City Council
review.
Site Plan
1. Ail gates across fire l~c,s to bc eq:',2ppeA ':A~h C~vtic, om s:,'stzm ;;4~ ................. (CONDITION MET)
2. Provide looped fire line. Provide fire hydrants a minimum of every 300 feet as measured along the fn'e lane.
(CONDITION MET)
com'~.,~at;mg to '.he exJsg..ng &'Sve. (CONDffION MET)
6. Review parking space dimensions and confirm the size as being 9' x 18' or 9' x 19'. All parking notations refer to 9' x 18'
parking spaces; however, all spaces are required to measure 19' m length, urfless additional space is provided for vehicle
overhang.
,..~,, ..x~...,.,-,;~. (CONDITION MET)
9. More clearly indicate the area that is included in the Landscape Calculations. The landscape plan references a 7.?l-acre
area, but the plan does not show these boundaries.
11.
12. TXU will require easements for existing and proposed facilities.
DIR.
Agenda Request Form - Igevised 5/00 Document Name: ~CMSWfp
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL MIDDLE SCHOOL WEST
SITE PLAN AND FINAL PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
May 17, 2001
June 12, 2001
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
South side of Wrangler Drive, west of Crestside Drive (1301
Wrangler Drive.
Approximately 51.7 acres of property.
"C" (Commercial)
Site Plan and Final Plat approval to permit construction of a service
center with bus/maintenance vehicle parking, several building
additions, reconstruction of the concession building, and re-paving
of the asphalt parking lot.
Wilbum O. Echols, Superintendent
Coppell Independent School District
200 S. Denton Tap Road
Coppell, TX 75019
(972) 393-3000
FAX: (972) 462-7599
Engineer:
Robert Howman
Glenn Engineering
100 Decker Ct., # 250
Irving, TX 75062
(972) 717-5151
FAX: (972) 719-4229
I-IISTORY:
There was no platting history on the subject site until 1995. A Preliminary
Plat was approved by City Council on May 9, 1995 and a final plat was
subsequently approved by City Council on October 19, 1995. However, the
fmal plat was never filed with Dallas County and therefore expired.
TRANSPORTATION:
Wrangler Road is a C4U four-lane undivided roadway built within a
65-foot right-of-way (narrowing to 60 feet to the west).
Item # 8
SURROUNDING LAND USE & ZONING:
North- Park West Commeme Center, "LF' Light Industrial
South-vacant; "A" Agriculture, I.H. 635
East - Northlake Business Park, McCollisters; "LI" Light Industrial
West - vacant (Gateway Business Park); "LI" Light Industrial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the subject property, as well
as the property to the south, suitable for Freeway Office
development.
DISCUSSION:
The Coppell Independent School District is requesting site plan and final
plat approval for several on-site improvements. The intent of this
application is to seek approval for the proposed changes and provide the
City with a comprehensive site plan, clearly indicating the existing and
proposes uses at Coppell Middle School West. Specifically, the applicant
is proposing to make the following changes to the Campus:
· Construct a 47,700 sq. ft. Service Center
· Construct 153 bus, maintenance, and passenger vehicle parking
spaces serving the Service Center
Construct a 3,315 sq. ft. Kitchen Addition
· Construct a 2,072 sq. ft. Band Hall addition
· Construct an additional 11 parking spaces on the east side of campus
· Enclose two covered walkways
· Construct an entrance feature/tower
· Reconstruct the existing football concession stand
· Repave and restripe an existing lot to provide 265 passenger vehicle
spaces
Additionally, several existing improvements have been made to the site since the
last submission and review in 1995. These changes include the construction of a
baseball concession building, a small maintenance building, an additional parking
lot, and reconfiguration of the baseball fields. All existing and proposed buildings
are noted on the submitted site plan.
Service Center
While several modifications to the Coppell Middle School West Campus will be
made, the applicant's primary request pertains to the construction of the 47,700
square foot service center. The proposed service center will be located in the
southeast comer of the site, served by 79 bus spaces, 46 maintenance vehicle
spaces, and 28 passenger vehicle parking spaces. The service center will contain
approximately 15,000 square feet of office area and 32,700 square feet of
warehouse area, allowing for the storage/queuing of educational materials, as well
Item # 8
as provide for vehicle/equipment maintenance areas. The height of the building
will measure approximately 34'.
Currently, all buses are parked in the existing bus parking lot located at the front
of the campus, along Wrangler Drive. These buses will be relocated to the rear of
the site, behind the Service Center. While relocating the bus parking lot from
Wrangler will aesthetically improve the view from Wrangler Drive, bus parking
will now be located directly against the rear property line and clearly visible from
the adjacent undeveloped tract of land owned by Ms. Hattie Mae Leslie. This is a
major concern to staff in that the service use can have a negative effect on the
Leslie parcel. Staff initially recommended that the applicant "flip" the placement
of the bus parking lot and the proposed service center, allowing the service center
to act as a buffer between the adjacent parcel and the bus activity; however, the
applicant has indicated that this change is not possible for "design reasons".
Staff does not understand the rationale behind these reasons, because the property
is currently vacant.
Staff would note, however, that in response to staff concern's, the applicant has
proposed to provide 84 Nellie R. Stevens and 12 Cedar Elms along the rear
property line. The proposed shrubs and trees are located within a 10' wide
planting strip along the rear property line, covering the length of the bus parking
lot. In time, the Cedar Elms accompanied with the shrubs will alleviate some of
the view into the parking lot from the south. While staff does not support this
design, this buffer is a step in the right direction, particularly if the building were
adjacent to it.
The proposed Service Center will be tilt-wall construction, with contemporary
architectural elements. The primary color of the building will be beige (SC1),
with bluish/gray accents (SC2). An accent band will be located around the
building, as well as a "checkerboard" accent located at the main entrance on the
north elevation. Grade level overhead doors are located on all sides, but
predominately placed on the south building wall. Because all overhead doors are
at grade level, a remote dock is located within the parking lot to the south. The
east wing of the building has been designed as a "drive-thru" area, enabling
vehicles to pass through the building.
Building Additions
As noted on the site plan, the CISD is proposing to construct several building
additions. A 3,315 sq. ft. kitchen addition, a 2,072 sq. ft. band hall addition, and
a proposed entrance feature, will be constructed of a light brown/red brick (BK),
to match the existing building, with gray cast stone (CS) accents around the
entrance tower. The proposed entrance feature will measure 20' x 20', and sit at a
45-degree angle. The entrance tower will be topped with a dark bronze (SC)
metal roof, reaching approximately 38' high.
~tem# 8
Also noted on the site plan, the applicant is proposing to replace the existing
concession building that serves the football stadium, with a new building. The
new concession building will be located in the same general area as the existing
building, containing approximately 2,200 square feet. The exterior building
materials will be block brick (SFCMU Copperstone), with the same dark bronze
(SC) metal roof as the entrance feature.
Parking
In addition to the new bus/maintenance parking lot, two additional parking lot
changes are proposed. The first is the addition of 11 passenger vehicle spaces
within the parking lot along the east property line. While there is no objection to
the additional spaces, the spaces are indicated to measure 9' x 18'. If the
applicant wishes to provide a reduced parking space length (standard length is
19'), a 1' overhang must be provided and noted on the plan. Further, all parking
notations refer to 9' x 18' parking spaces. Staff has included a condition that the
applicant confirm the size of all parking spaces and either revise tabulations or
indicate which particular spaces do not meet the minimum size requirements.
A significant parking modification is the change to the existing bus parking lot
along Wrangler Drive. Because bus parking will be relocated to the new parking
lot adjacent to the service center, the existing asphalt parking lot will be restriped
and repaved to accommodate a total of 265 passenger vehicles. The site plan
indicates the paving surface will either be 6" concrete pavement over 6" of lime
or 2" of asphalt paving over existing lot.
Landscape Plan
Staff should note that the submitted site plan does not comply with Section 34
(Landscape Regulations) of the Zoning Ordinance. Please recognize that there is
no oversight, by either the applicant or staff, in preparing or reviewing the site
plan. Review of the landscape tabulations clearly indicates the required and
provided levels of landscaping on the subject site. While some level of
landscaping is provided in the most critical area, the majority of the site is
severely deficient with regards to landscaping.
The submitted landscape plan references the 7.71 acres surrounding the new
Service Center and does not reflect the plan for the entire campus. While staff
has no objection to the manner in which the applicant has shown or calculated the
required/provided landscaping, it would request the applicant more clearly
indicate the boundaries of this area and label the calculations accordingly. Staff
has recommended that other minor corrections be made to the landscape
calculations.
Item # 8
Final Plat
As mentioned in the History section of this report, the original Final Plat expired
in April of 1996, therefore requiring re-approval of the Final Plat. Re-submittal of
the final plat has allowed several necessary changes to be made to the plat,
bringing the plat up to current standards. The final plat now provides all
easement and fire lane information. Staff has recommended that the applicant
provide the lot, block, and acreage of the site within the title block and shift the
easement and fire lane labels so as not to overlap.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the site plan and final plat request, subject to the following
conditions:
Final Plat
Include the lot, block and acreage of the site within the title block of the plat.
Eliminate notation within the title block of the plat-"Match 1995 Revised".
All taming radius on fire lanes shall measure a minimum of 30' on the inside and 54' on the
outside.
Revise overlapping labels for the 15' utility easement and the 24' fire lane, located
toward the middle of the site.
The applicant shall schedule a meeting with the City regarding existing and proposed
water lines, prior to City Council review.
Site Plan
4.
5.
6.
All gates across fire lanes to be equipped with Opticom system with Knox override.
Provide looped fire line. Provide fire hydrants a minimum of every 300 feet as measured
along the fire lane.
Show the proposed Fire Lane in its entirety along the south side of the proposed Service
Center on all plan sheets.
Indicate, on the plan, that two parking spaces will be eliminated as a result of the new
drive along the east property line connecting to the existing drive.
Indicate that the Service Center building is "proposed" or "new" and label on all plan
sheets.
Review parking space dimensions and confirm the size as being 9' x 18' or 9' x 19'. All
parking notations refer to 9' x 18' parking spaces; however, all spaces are required to
measure 19' in length, unless additional space is provided for vehicle overhang.
Provide notation on Parking Tabulations on Sheet C 2.6 to indicate that bus and
maintenance vehicle parking lot is not part of this calculation.
Revise layout of Sheet C 2.8 to show all required parking and provided parking in the
same location.
More clearly indicate the area that is included in the Landscape Calculations. The
landscape plan references a 7.71-acre area, but the plan does not show these boundaries.
Item # 8
10.
11.
12.
Provide City Staff with one set of scaled building elevations on standard 24" x 36" plan
sheets, clearly indicating all building heights, all roofing materials, the precise location of
area "E" and "G" as noted on the elevations, and revise elevations to correctly indicate
the west, east, north, and south elevations.
Revise location map to correctly show Wrangler Drive.
TXU will require easements for existing and proposed facilities.
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.
ATTACHME~S:
1)
2)
3)
4)
5)
6)
7)
Reduced color elevations
Full-size elevations
Final Plat
Overall Site Plan (Sheet C 2.8)
Site Plan-Service Center area (Sheet C 2.6)
Site Plan- Building Additions (Sheet C 2.9)
Landscape Plan (Sheet L 2.1)
Item# 8
T H £ C I T Y 0 F
C-OPPP_.LL
AGENDA REQUEST FORM
CITY COUNCIL MEETING: June 12, 2001 ITEM # I
ITEM CAPTION:
Consider denial of an Ordinance for Case No. S-1185, Sergio's Market, Inc./Mangia! Market & Bakery, zoning
change request from C (Commercial) to C-SUP (Commercial, Special Use Permit), to allow the operation of an
approximately 1,800 square foot market and bakery to be located in Coppell Crossing IV Shopping Center at 777
S. MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: April 19, 2001
Decision of P&Z Commission: May 8, 2001
On April 19, 2001, the Planning Commission unanimously supported for this zoning change (6-0).
On May 8, 2001, Council unanimously approved this zoning change (7-0).
Staff recommends denial of this ordinance. On May 22, 2001 we received the attached letter from the owner
of the property requesting that this S.U.P. be rescinded. Although he stated that he never gave the applicant
the authority to submit the application, the owner did provide written support for this S.U.P. request.
DIR. INITIALS: R vis~edS' FIN. REVIEW:6~
Agenda Request Form - /00
CITY MANAGER REVIEWy
Document Name: @S1185Sergioo ~/
05/22/200I 15:48 FAX 940 241 2352 MOCKINGBIRD PROPERTIES ~001
May22,2001
Mockingbird Management Company
4529MahoganyLane
Copper Canyon, TX.
75067
940-241-2353
fax940-241-2352
MAY 22 001
Andrea
City Planner
City of Coppell
255 Parkway Blvd.
Coppell, TX.
75019
via fax: 972-304-7092
Kc: Coppcll Crossing Lot 4.
Dear Andrea:
Please be advised that neither Mockingbird Management Company (Property Manager)
nor Coppell Crossing Four Ltd. (Property Owner) gave Mr. Joe Falvo any authority to
apply for an SUP at the City of Coppell for the above captioned property. Neither the
Property Manager nor the Property Owner have signed a lease with Mr. Falvo. The
Owner hereby rescinds any application made by Mr. Falvo with regard to Coppel!
Crossing Lot 4 and the Owner respectfully request that the City of Copper allow the
application of Mr. Howard Wang to proceed.
Il'you have any questions, please call either Dermis Wills 972-355-1014 or mysclf.
Mockingbird Management Company
cc: Dennis Wills, Terra Builders
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P."
(COMMERCIAL-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE
PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE
LOCATED AT COPPELL CROSSING IV SHOPPING CENTER AT 777 S.
MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, ELEVATIONS, FLOOR PLAN, AND SIGN PLAN ATTACHED
HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the 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 Coppe11, have given requisite notices by publication and otherwise,
and after holding duc hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in thc affected area and in the vicinity thereof, thc said
governing body is of the opinion that Zoning Application No. S-1185 should be approved, and in the
exercise of legislative discretion have concluded that thc Comprehensive Zoning Ordinance and Map
should bc amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P."
(Commercial- Special Use Permit-1185) to grant a special use permit for a restaurant to be located in
Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard, subject to special conditions,
for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes.
1 41520
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
(A) Property shall be developed in accordance with the site plan, elevations, floor plan, and
sign plan as required herein, attached hereto and incorporated herein as set forth in
Section 3.
(B) That the hours of operation shall be limited to Monday through Saturday, 11:00 a.m. to
8:00 p.m. and Sunday, 11:00 a.m. to 6:00 p.m.
SECTION 3. That the Site Plan, Elevation Floor Plan and Sign Plan, attached hereto as
Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby
approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
2 41520
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately fi.om and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
., 2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
~)kTTORNEY
(REH/cdb 5/29/0n~)
LIBBY BALL, CITY SECRETARY
3 41520
Coppell Crossing Addition
Lot 4, Block 1
777 S. MacArthur Boulevard
Coppell, Texas 75019
EXHIBIT 'A'
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' · ~~'~ CITY COUNCIL MEETING: June 12, 2001 ITEM # ] 7
ITEM CAPTION:
Discussion of August Special Election and authorizing staff to proceed with the preparation documents for
said election.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
DIR. INITIALS: FIN. REVIEW~
Agenda Request Form - Revised 5/00
+X-BID $ i
CITY MANAGER REVIEW
Document Name:
%election.doc
COUNCIL MEETING: June 12, 2001 ITEM # _~~
MAYOR AND COUNCIL REPORTS
Ao
B.
C.
D.
E.
F.
G.
Report by Mayor Sheehan regarding Council Goals as developed at Council Retreat.
Report by Mayor Sheehan regarding President George Bush Turnpike, Segment IV.
Report by Mayor Sheehan regarding dates for Budget Meetings.
Report by Mayor Sheehan regarding Old Town Coppell Flea Market.
Report by Mayor Sheehan regarding Joint Meeting with CISD Board of Trustees.
Report by Councilmember Garcia regarding Coppell Baseball Association.
Report by Councilmember Stover regarding Project Graduation.
CITY MANAGER'S REVIEW: