CP 2001-07-10NOTICE OF CITY COUNCIL MEETING AND AGENDA
JULY 10, 2001
CANDY SHEEHAN,
Mayor
BILL YORK,
Mayor Pro Tern
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
].st 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, July 10, 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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Page I of 6
ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION
(Closed to the Public)
2. Convene Executive Session
!1 ,-~_.~,,, A. Section 551.071, Texas Government Code-Consultation with City
Attorney.
1. Discuss and provide legal advice concerning site plan
application of U-Haul at State Highway 121 and Denton Tap.
B. Section 551.074, Texas Government Code. Personnel Matters.
1. City Manager Evaluation.
WORK SESSION
(Open to the Public)
Convene Work Session
B.
C.
D.
Eo
Discuss Board/Commission Interview Schedule and Process.
Discuss Schedule for Council Goals for 2001/2002.
Update on Sandy Lake Road.
Discussion and update on Equipment Storage Facility at the
Coppell Service Center facility.
Review new MDC/Emergency CAD System.
Discuss Entry Ways into the City.
Discussion of Agenda Items.
new
REGULAR SESSION
(Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
Citizen's Appearances.
Consider approval of a proclamation naming July 2OO1
Recreation Month, and authorizing the Mayor to sign.
CONSENT AGENDA
as Parks and
8. Consider approval of the following consent agenda items:
Consider approval of minutes: June 26, 2001.
Consider approval of a License Agreement between the City of
Coppell and Coppell 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.
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Page 2 of 6
ITEM # ITEM DESCRIPTION
Land Use and Development
Consider approval of a six-month extension of time as it applies to
the expiration date of the Minor Plat for the Carrick Addition, Lots 1
and 2, Block A, on approximately .70 of an acre of property located
at the northwest corner of Lodge and Sandy Lake Roads.
Do
Consider approval of a six.month extension of time as it applies to
the expiration date of the Minor Plat for the Coppell Service Center,
Lot 1, Block 1, on approximately 7.504 acres of property located
300 feet east of Coppell Road, south of Bethel Road.
Consider approval of an Ordinance for Case No. PD-190 Trinity
Shores, zoning change 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, and
authorizing the Mayor to sign.
Consider approval of an Ordinance for Case No. S.1186oPotter
Concrete, zoning change 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, and authorizing the Mayor to sign.
Consider approval of an Ordinance changing the name of North
Texas Court to Fitness Court at the entrance of the proposed fitness
facility, Everybody Fits, located west of Denton Tap Road, north of
Sandy Lake Road, and authorizing the Mayor to sign.
Resolutions
Consider approval of a resolution authorizing the use of Community
Development Block Grant funds from current fiscal year 2001 in the
amount of $75,282.00 for the installation of an eight inch water line
and fire hydrants within the Golden Triangle Mobile Home Park, and
authorizing the City Manager to execute the necessary documents for
such funds; and authorizing the Mayor to sign.
END OF CONSENT
ag071001
Page 3 of 6
ITEM #
ITEM DESCRIPTION
10.
11.
12.
13.
14.
15.
Presentation on fences by Karen Farnum.
PUBLIC HEARING:
Consider approval of Case No. PD.191, Freeport VII, zoning change request
from LI (Light Industrial)to PD-191-LI (Planned Developmento191, Light
Industrial), to allow a reduction in the required parking on approximately
17.824 acres of property located at 611 S. Royal Lane, south of Creekview
Drive (Freeport North Addition, Lot 2, Block A).
pUBLIC HEARING:
Consider approval of Case No. PD.129-R2, Parks of Coppell, Tract III
(Huntington Ridge), zoning change from PD.129R (Planned Development-
129R) to PD.129R2 (Planned Development-129R2), to allow the
construction of a masonry wall and revise monument signs to add raised
planting beds on approximately 26.177 acres of property located at the
southwest corner of Parkway Boulevard and Denton Tap Road.
PUBLIC HEARING:
Consider the revocation of Special Use Permit-Il81, CC's Coffee House,
which allowed for the operation of a 1,920 square*foot coffee shop to be
located in Suite 401 of the Coppell Crossing IV Shopping Center, 777 S.
MacArthur Boulevard.
PUBLIC HEARING:
Consider approval of Case No. S-1187, Tasty Donuts, zoning change from C
(Commercial) to C.SUP (Commercial, Special Use Permit), to allow the
operation of an approximately 1,050 square-foot donut shop to be located
in Suite 409 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur
Boulevard.
PUBLIC HEARING:
Consider approval of Case No. S.1188, Pan Acean Noodle Shop & Grill,
zoning change from C (Commercial) to C-SUP (Commercial, Special Use
Permit), to allow the operation of an approximately 2,950 square-foot
Chinese Restaurant with private club to be located in the Coppell Crossing
IV Shopping Center, 777 S. MacArthur Boulevard.
Reconsider approval of the U.Haul International, Site Plan, to allow the
construction of a three-story mini-storage facility on approximately 2.02
acres of property located along the south side of S.H. 121, east of Denton
Tap Road.
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Page 4 of 6
ITEM # ITEM DESCRIPTION
16.
17.
18.
19.
20.
21.
Consider approval of the St. Joseph Village, Lots 1.4, Block A, Preliminary
Plat, to allow the development of a Retirement Community and municipal
facilities on approximately 51.17 acres of property located along the south
side of Sandy Lake-Road, 1200' east of MacArthur Boulevard.
Consider approval of the Coppell Justice Center, Site Plan Amendment, to
allow the construction of an addition onto the existing Justice Center
Building on a portion of 13.09 acres of property located at 130 Town
Center Boulevard.
Consider approval of a Computer. Aided Dispatch and Police and Fire
Records Management System in an amount not to exceed $560,043.90,
and authorizing the City Manager to execute the necessary documents with
TCI Sales and Trio Teknologies.
Necessary action resulting from Work Session.
Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Picnic in the Park.
Music
Report by Mayor Sheehan regarding Coppell International
Exchange.
C. Report by Mayor Sheehan regarding the Budget Work Sessions.
D. Report by Mayor Sheehan .regarding Volunteers for Boards and
Commissions.
Report by Councilmember York regarding Earth Day Award.
Report by Councilmember York regarding 4th of July Parade.
Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
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Page 5 of 6
COUNCIL MEETING: July 10, 2001 ITEM
EXECUTIVE SESSION
ko
Bo
Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Discuss and provide legal advice concerning site plan application of
State Highway 121 and Denton Tap.
Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
U.Haul at
SUBMITTED BY: Jim Witt
TITLE: City Manager INITIALS
~6~~I~I~ AGENDA RRQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # ~
WORK SESSION
Ao
B.
C.
D.
Eo
Discuss Board/Commission Interview Schedule and Process.
Discuss Schedule for Council Goals for 2001/2002.
Update on Sandy Lake Road.
Discussion and update on Equipment Storase Facility at the new Coppell Service
Center facility.
Review new MDC/Emersency CAD System.
Discuss Entry Ways into the City.
Discussion of Asenda Items.
CITY MANAGER'S REVIEW:
WORK SESSION
1. The following needs input from Council:
NAME OF BOARD/COMMISSION
DATE/TIME
INTERVIEW
INTERVIEW COMMITTEE
AMERICAN RED CROSS
ANIMAL SERVICES APPEALS BD.
BOARD OF ADJUSTMENT
CONDUCT REVIEW BOARD
U: \Kwilkers\Boards and Commissions\Interview schedule worksheet for council meeting.doc
ECONOMIC DEV. PARTNERSHIP
KEEP COPPELL BEAUTIFUL COM.
LIBRARY BOARD
PARKS & RECREATION BOARD
PLANNING & ZONING COMM.
SPECIAL COUNSEL
TELECOMMUNICATIONS BOARD
U: \Kwilkers\Boards and Commissions\Interview schedule worksheet for council meeting.doc
COUNCIL GOALS
2002
GOAL
Economic Development
Ma,qs Transit
Land Acquisition & Use
City Communication
Residential Property Tax
Relief
Entryway Policy & Design
STAFF RESPONSIBLE DATE
Gary Sieb, Jim Witt, EDP
Clay' Phillips, Ken Griffin,
Jennifer Armstrong
Jim Witt, Clay Phillips
Gary Sims, Gary Sieb, Ken
Griffin
December 2001
October 2001
Ongoing
February 2002
E-Gov Staff Ongoing
Jim Witt
Ongoing
Gary Sieb, Gary Sims September 2001
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 crrlZENS APPEARANCE
1-10-6.2.1 Subjects Not Appearing on the Agenda
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda,
must sign a register and list their residence address, provided by the City Secretary on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence_ Presentations
by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual
speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the
Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or
special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called
upon in the order that they have signed the provided register. No personal attacks by any speaker shall be
made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3,
Section 3.12).
CITY MANAGER'S REVIE .
T H ir . C: I T Y 0 F
OPPELL
AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # 7
ITEM CAPTION: Consider a proclamation naming July 2001 as Parks and Recreation Month,
authorizing the Mayor to sign.
and
SUBMITTED BY: Gary Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT EST $
DIR. INITIALS:.~
Agenda Request Form - Revised 5/00
+\-BID $
CITY MANAGER
Document Name: ^Parks
PROCLAMATION
WHEREAS, the City of Coppell is interested in its citizens and committed to
constructive activities to improve their quality of life; and
WHEREAS, The Parks and Leisure Services Depamnent provides and
maintains 17 parks and 4 miles of trails within the City of Coppell; and
WHEREAS, Numerous special events are sponsored by the Parks Leisure
Services Department, along with a variety of athletic programs, two summer camps
and two recreation centers; and
WHEREAS, Recreation and leisure can be pursued by persons of all ages; and
WI~REAS, July is nationally proclaimed as National Parks and Recreation
Month.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do
hereby proclaim July 2001 as
"PARKS AND RECREATION MONTH"
IN WITNESS THEREOF, I have set my hand and caused the seal of the City
of Coppell to be affixed this __ day of July 2001.
Candy Sheehan, Mayor
ATTEST:
Libby Ball, City Secretary
T H · C I T Y · 0 P
OP- ELL R C U,ST FOR
CITY COUNCIL MEETING: July 10, 2001 ITEM
ITEM CAPTION:
Consider approval of minutes:
June 26, 2001.
SUBMIrTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:~~'
AMT. EST $
DIR. INITIALS:
Agenda Request Form- Revi~ ~/00
+\-BID $
CITY MANAGER REVIEW:
Document Name: %minu~es
MINUT~ OF JUNE 26, 2001
The City Council of the City of Coppell met in Regular Called
Tuesday, June 26, 2001, at 6:00 p.m. in the City Council
Town Center, 255 Parkway Boulevard, Coppell, Texas.
members were present:
Candy Sheehan, Mayor
Jayne Peters,
Diana Raines,
Marsha
Doug Stover,
Dave Herring,
Mayor Pro Tem Bill York
from the meeting.
Secretary Libby Ball
City
REGULAR
a quorum
Public)
Council Meeting start
7:00 p.m.
Sales Tax and Charter Election.
of Agenda Items.
{Open to the Public)
Bob Turk, First United Methodist Church, led those present in the
invocation.
cm06262001
Page 1 of 8
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
Report by Library Board.
Patricia Samms, Chair, made the Board's
Report on Community List
Rick Moore, Infoi-mation Systems
Council.
to
e
Citizen's
There was no
items:
authorizing the
an Interlocal
for operation and
signal at I.H. 635 and Belt
of the Interlocal
~nt; and authorizing the Mayor
of an ordinance amending Article
Management Ordinance to adopt
floodplain maps dated August 23, 2001; and
the Mayor to sign.
,:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B carrying Resolution No. 2001-0626.1 and C carrying
crn06262001
Page 2 of 8
Ordinance No. 2001-952. Councilmember Peters seconded
motion; the motion carried 5-0 with Councilmembers
Rain, s, Tunnell, Stover and Herring voting in favor of the
the
Consider approval of Contract for
Collection Services between the City of
Coppen Independent School District,
execution by the City Manager.
Presentation:
Jim Witt, City Manager, made a
Action:
Counc
Assessment
and the Co
execution by
its
for
of Coppell
g its
seconded
Peters,
motion.
~ Unified
~ Coppell
~ to exceed
the to sign.
:ntation to Council.
Parks and Leisure Services, made a
discussion regarding whether the vehicle/equipment
building should be included at this time; the maintenance
equipment regarding weather issues; and how long would
quote be available.
cm06262001
Page 3 of 8
Action:
Councilmember Tunnell moved to approve an
# Q-0301-02 to Texas Unified Constructors for the
the new Coppell Service Center, in an amount
$3,187,176.00, with the vehicle/equipment
included and authorizing the City
Councilmember Peters seconded the motion; the
with Councilmembers Peters, Raines and
the motion and Councilmembers
the motion.
Councilmember Stover moved
# Q-0301-02 to Texas Unified Con,,
the new Coppell Center.
$3,000,000.00, ' '
Councilmember
5-0 with
Herring votinl
award
favor of
against
bid
of
sign.
carried
Stover and
11.
a Special
use tax at
purpose of
Municipal
for four
Home Rule
language.
moved to approve Ordinance No. 2001-953
to consider the adoption of a sales and
rate of one-half of one percent for the purpose of
authorized programs of the Municipal Education
nt Corporation of Coppell for four (4) years and on
amendments to the Home Rule Charter; and authorizing
Mayor to sign with the following changes:
cm06262001
Page 4 of 8
SECTION 1.
'The adoption of sales and use tax, for a four (4)
period, at the rate of one-half of one percent for
purpose of financing programs to publicly
education institutions through the
Educational Development Corporation
promotion of literacy, foreign language,
technology for the development of a skilled
PROPOSITION 3.
"Shall Article 7, Section
be amended to authorize
unencumbered in
departments
City as
PROPO
L02 of
of the
City
City
; the motion carried
Tunnell, Stover and
to vote in the election.
Council Goals as developed at
review of 2000-2001 goals.
City Manager, made a presentation to Council.
cm06262001
Page 5 of 8
Issues Discussed:
There was discussion regarding the Council Retreat and last
goals.
Action:
Councilmember Tunnell moved to approve the
2002 Council Goals as developed at Annual
2000-2001 goals. Councilmember
motion carried 5-0 with Peters
Stover and Herring voting in favor
review of
motion; the
'runnell,
13.
14.
Necessary action
There was no
City Mana
A
Fund.
Engineering,
rrent water
the City may be
in public facilities due to
property and the possibility
:boarders.
reported that the Youth League
is being disbursed from the Park Board
on participation:
Soccer Association
Dppell Baseball Association
Girls' Softball Association
Coppell Youth Football Association
Coppell Family YMCA Baseball/T-Ball
Coppell Lacrosse Association
Coppell Tennis Association
$5,788.01
2,601.71
633.83
518.20
254.82
203.43
0.00
cm06262001
Page 6 of 8
15.
Mayor and Council Reports.
Ae
B.
C.
D.
E.
F.
G.
Report by Mayor Sheehan regarding
Update.
Report by Mayor 8heehan regarding TML
Briefing.
Report by Mayor Sheehan
International Music Exchange.
Report by Mayor Sheehan re
Parade.
Report by Mayor Shee]
Coppell Flea Market.
Report by Mayor
Transportation
Report by
on the
USOC
July
Old Town
Ao
Mayor
2012
the USOC
Bo
Briefing
)s and
;nts and 3
001 for the
participate in
will also hold a
that they need to
will be. attending the 4th of
that the Old Coppell Flea Market
;ss and a lot of fun.
ehan reported that she had received a letter from
Scott Armey discussing the new Denton County
Authority and they would like a
representative from the City of Coppell.
Councilmember Peters reported on the E-Gov Task Force
meeting held Monday, June 25, 2001.
cm06262001
Page 7 of 8
Adjournment.
There being no further business to come before the City
meeting was adjourned.
ATTEST:
Libby Ball, City
cm06262001
Page 8 of 8
T H E~ C I T Y 0 F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of a License Agreement between the City of Coppell and Coppell 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: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
This license agreement will permit the Coppell Independent School District (CISD) to install a private
telecommunication system in the City's right-of-way. On April 10, 2001, City Council approved a variance to
the City of Coppell Subdivision Ordinance to allow the CISD to install the fiber telecommunication system
overhead utilizing the existing TXU power poles. In areas where there is no existing TXU power poles, the
fiber telecommunication system will be placed underground. Also at the April 10, 2001 Council meeting, the
City of Coppell approved an Interim Right-of-way Use Agreement to allow the CISD to utilize the right-of-
way for the telecommunication lines.
The item before Council this evening is the actual License Agreement that sets forth the terms of the use of
our right-of-way by the CISD. As part of the License Agreement, a fee is assessed based on the linear foot of
fiber optic cable within the public right-of-way of the City. The City may, in lieu of the fee, accept in kind
services or equipment at the election of the City Manager.
Attached to this agenda item is a letter from the CISD requesting a waiver for the right-of-way fees associated
with this License Agreement. Also, attached is a letter from TXU that would permit the CISD to lease or
sublet a portion of the fiber to the City of Coppell for the furtherance of the City's governmental functions.
City Attorney, Bob Hagar will be available to answer any questions regarding this agreement.
BUDGET AMT $
FINANCIAL COMMENTS: ~'
AMT EST. $
DIR. INITIALS: \t~
Agenda Request Form - Revised 5/00
+X-BID $
CITY MANAGER REViEW~~
Document Name: #engl
COPPELL INDEPENDENT SCHOOL DISTRICT
200 S. DENTON TAP ROAD · COPPELL, TX 75019 · 972.471.1111 · umrw. coppellisd.cora
Mr. Jim Witt
City Manager
City of Coppell
P. O. Box 478
Coppell, TX 75019
Wms~ O. Ec~ots, lb.
Superintendent
Vourr~ Wmm
Assistant Superintendent
~ Sm ~v
Assistant Superintendent
Dear Jim:
This letter is to formally request a waiver for all right-of-way fees associated with the
installation and usage of aerial and buried fiber throughout the City of Coppell for
Coppell Independent School District. Capco Communications should start the
installation of aerial and buried fiber at specific locations during the month of July. Once
the installation process has been completed, we will have fiber that will exist within the
right-of-way easements throughout the City of Coppell.
As a school district, we are constantly low on funds and at this time would be unable to
afford the right-of-way fees that would be associated with having the fiber within these
easements. We would greatly appreciate anything that the City can do to help facilitate
the installation and usage of the new network that we are trying to implement.
If you have any questions or concerns, please do not hesitate to contact me.
Executive Director of Technology
Coppell Independent School District
/mm
OTXU
TXU Business Services
1601 Bryan Street
Dallas, TX 75201-3411
June 13,2001
Ms. Midge Chapman
Director Technical Operations
Capco Communications, Inc.
101-C North Greenville Avenue #261
Allen, Texas 75002
re: Pole Access for Coppell Independent School District
Dear Midge:
I write on TXU Electric's behalf in response to your request for access to TXU
Electric poles on behalf of the Coppell Independent School District (Distric0. You
have made TXU Electric aware that the District's desire is to own its fiber optic cable
equipment and facilities; therefore, TXU is willing to enter into a license agreement for
pole access with the District subject to the following conditions:
a)
The District will only use its equipment or facilities (collectively, the
"Equipment") attached to TXU Electric poles in furtherance of
educational purposes, and at no time for commercial or profit-making.
purposes; and
b)
The District shall have no right to lease, sublet, or otherwise allow any
third party to use any portion of the Equipment; "provided, however, that,
subject to their agreement on such additional terms as may be appropriate,
TXU Electric and the District contemplate that the District will be
permitted to lease or sublet a portion of the fiber to the City of Coppell,
solely in furtherance of the City's governmental functions, subject to and
under the terms of a separate agreement between the District and the
City."
c)
The District will be responsible for payment of all necessary inspection
and make-ready work to be done by TXU Electric in response to requests
made by the District, subject to the terms and conditions of a license
agreement to be executed.
d)
The District will agree to an initial attachment rate of $20.38 per
attachment per year payable in advance in January each year.
Rates for subsequent years will be outlined in the license agreement
to be executed.
If the District is agreeable to the conditions and requirements specified above,
please have appropriate representative of the District sign and return the acknowledgment
below. Per your request, a draf~ copy ofTXU Electric's Distribution Pole License
Agreement will be forwarded to you by e-mail for review.
Respectively,
1601 Bryan Street, Suite 24090
Dallas, Texas 75201
214-812-3777
Acknowledgment:
COPPELL INDEPENDENT SCHOOL DISTRICT
Signature
Nallle
Title
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 Coppell 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 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 the Exhibit "A" attached hereto and incorporated herein for all
purposes; that exact location and descriptions are contained in the plans on file within the City
Engineers office, which are 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 rights and privileges agreed to under this
AGREEMENT, LICENSEE agrees to pay CITY each year a sum (the "rate") based on 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
41709
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 fi.om
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 of 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 TEX~S 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
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41709
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 ail 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 fight-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 concerning
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 Managemem Ordinance.
7. Minimum Specifications. 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.
03) Within the street right-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
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41709
(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 fight
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 flagrnen, 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 2001-944, 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
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! 1. 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. Assi~,nment. 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
41709
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:
ao
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:
Wilbum O. Echols, Jr., Superintendent Robert E. Luna
Coppell Independent School District 4411 N. Central Expressway
200 S. Denton Tap Road Dallas, Texas 75205
Coppell, Texas 75019
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. Governino 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. Binding 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
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41709
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.
COPPELL
INDEPENDENT SCHOOL DISTRICT
By:
Name:
Title:
Wilbum O. Echols, Jr.
Superintendent
LICENSE AGREEMENT
Page 7
41709
LICENSEE'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the __ day of
,2001,
by Wilbum O. Echols, Jr., Superintendent of the Coppell Independent School District, on behalf
of said district.
Notary Public, State of Texas
My Commission expires:
LICENSE AGREEMENT
Page 8
41709
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrumem was acknowledged before me on the ~
day of
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
41709
ii ti t h~
EXHIBIT "B"
Length of conduit
70812 L.F.
(5262 feet underground / 65550 feet aerial)
Conduit Size 4" / Fiber size 0.471 inches
$0.50 / ft. / 1" of conduit
($ 0.50 / ft / 1" of conduit) (70812 ft) (4" of conduit) = $141,624
Total = $141,624
CITY COUNCIL MEETING: July 10, 2001 ITEM St ~
ITEM CAPTION:
Consider approval of a six-month extension of time as it applies to the expiration date of the Minor Plat for
the Carrick Addition, Lots 1 and 2, Block A, on approximately .70 of an acre of property located at the
northwest comer of Lodge and Sandy Lake Roads.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Please see attached memorandum dated June 12, 2001, from Rory Carrick, owner. Council approved this Minor
Plat on December 12, 2000. If this request were approved, the Plat would expire on December 11, 2001.
Staff recommends approval of this request.
DIR. INITIALS: ~,
Agenda Request Form - Revised 5/00
FIN. REVIEW:O~
CITY MANAGER REViEW~
Document Name: ~CarrmpX
~ROM : CARRICK-CONSULTING-InC FP~ NO. : 972~9~7479 Jun. 16 ~01 08:5~PM Pi
City ofCopp¢ll - pizm~iug and Zoning
1~: ]t~Quest$o~ ezcension _t'o~ fdioeof minor ol~._-_._C~rrick ~ddilion
FQr the attention of Andrea Roy
I would like to request an extension for t~lin~ of the minor plat refered to as Carrick
Addition. Please could you advise if?.hls is possible.
Rory Carrick
T H E C i T Y 0 F
C-OPPEEL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # _~~
ITEM CAPTION:
Consider approval of a six-month extension of time as it applies to the expiration date of the Minor Plat for
the Coppell Service Center, Lot 1, Block 1, on approximately 7.504 acres of property located 300 feet east of
Coppell Road, south of Bethel Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Please see attached memorandum dated June 14, 2001, from Brad Reid, Assistant Director of Parks and Leisure
Services. Council approved this Minor Plat on December 12, 2000. If this request were approved, the Plat
would expire on December 11, 2001.
Staff recommends approval of this request.
INITIALS:(~, FIN. REVIEW.~
DIR.
Agenda Request Form -/Revised 5/00
CITY MANAGER REVIEW:/
Document Name: ~CSCmpX ~
T H E C I T Y 0 F
PARKS AND LEISURE SERVICES DEPARTMENT
Date:
To:
From:
Re:
June 14, 2001
Gary Sieb, Director of Planning and Community Services
Brad Reid, Assistant Director of Parks and Leisure Services ~1~
Request for Extension to File Minor Plat for the Proposed Service Center
Please accept this memo as a request for a six month extension of time to file the Minor
Plat for the proposed Coppell Service Center. There are some easement issues which
remain unresolved. These issues should be taken care of in the next few weeks.
Thank you for your consideration of this item.
Brad Reid
'r H I, C I T Y 0 F
COPiSELL AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-190 Trinity_ Shores, zoning change 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, and
authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On June 12, 2001, City Council unanimously approved this zoning change (7-0).
Staff recommends approval of this Ordinance.
DIR. INITIALS:~'-. FIN. REVIE~
Agenda Request Form -eRevised 5/00
CITY MANAGER REVIEW:
Document Name: ~)PD190o
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 "R' (RETAIL) TO "PD-190"
(PLANNED DEVELOPMENT-SINGLE FAMILY-9) TO ALLOW FOR THE
DEVELOPMENT OF NINETEEN (19) SINGLE FAMILY HOMES ON
APPROXIMATELY 7.31 ACRES LOCATED ON THE SOUTH SIDE OF
SANDY LAKE ROAD, WEST OF THE TRINITY RIVER AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A
CONCEPTUAL PLAN, LANDSCAPE PLAN, SCREENING WALL
DETAILS, AND TREE PRESERVATION AND MITIGATION PLAN,
ATTACHED HERETO AS EXI'HBITS "B", "C", "D', AND "E",
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-190
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 "R" (Retail) to "PD-SF-9"
(Planned Development - Single Family-9) to allow for the development of nineteen (19) single-
family homes on approximately 7.31 acres of property located on the south side of Sandy Lake
1 41878
Road, west of the Trinity River, and being more particularly described in Exhibit "A", attached
hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
Single-Family-9 zoning district, except as amended herein, and the Conceptual Plan, Landscape
Plan, Screening Wall Details and Tree Preservation and Mitigation Plan, attached hereto as
Exhibits "B", "C", "D", and "E", respectively:
A. That the developer submit to the Engineering Department of the City of Coppdl an
approved updated Federal Emergency Management Administration map indicating
that a portion of the property, as depicted in Exhibit "B", has been removed fi.om
the flood plain, prior to the filing of the final plat.
B. That a decorative metal fence shall be constructed along the property line of lots 8,
9, 10, and 11.
SECTION 3. That the Site Plan, Conceptual Plan, Landscape Plan, Tree Survey, and Tree
Preservation and Mitigation Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively,
attached hereto and made a part hereof for all purposes, are hereby approved.
SECTION 4. That the above propexty shall be used only in the manner and for the purpose
provided for by the Comprehensive zomg Ordinance of the City of Coppell, as heretofore
mended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, danse, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
2 41878
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or 'invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive zomg Ordinance, as mended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately 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 day
of ~ 2001.
APPROVED:
APP~/t/ORM:
ROBERT E. H~GE~CI~[ ATTORNEY
(REH/extb 6/29/01)
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
3 41878
LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE WESTON PERRY SURVEY,
ABSTRACT NO. 1152 IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS,
AND BEING THAT SAME TRACT OF LAND CONVEYED TO FLOYD C. FARROW AND
EARL K. FARROW, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME
76127, PAGE 2568 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 1/2 INCH IRON ROD FOR THE NORTHWEST
CORNER OF SAID FARROW TRACT AND THE NORTHEAST CORNER OF THAT
CERTAIN TRACT OF LAND CONVEYED TO DONALD B. HUFFINES AND PHILLIP
W. HUFFiNES, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME
97071, PAGE 1277 OF THE DEED RECORDS OF DALLAS COUNTY,~'EXAS, AND
ALSO SAiD 1/2 INCH IRON ROD BEING LOCATED IN THE SOUTH RIGHT OF
WAY LINE OF SAND LAKE ROAD W1TH AN EXISTING 60 FOOT RIGHT OF WAY;
THENCE South 89 degrees 19 minutes O0 seconds East for a
distance of .326.510 feet TO A FOUND CAPPED 1/2 INCH IRON ROD IN
THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED FRED
LEE HARRINGTON, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME
69137, PAGE 1745 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS;
THENCE South 0.~ degrees 27 minutes 54 seconds East for c
distance of 4.09.896 feet TO A FOUND 2 INCH PIPE FOR THE SOUTH',N~ST
CORNER OF' SAID HARRiNGTON TRACT;
~-~ENCE South 87 degrees 50 minutes 44 seconds East for o
distance of "72.338 feet TO A FOUND 1/2 INCH IRON ROD FOR T~.-"
' L~,~ 0~'
SOUTHEAST CORNER OF SAID HARRINGTON TRACT, AND IN THE WEST
TRACT CERTAIN TRACT OF LAND CONVEYED TO THE TRINITY RIVER
AUTHORITY;
THENCE South 11 degrees .38 minutes 09 seconds East for o
c~istance of 1:3`3.476 feet TO A SET CAPPED 1/2 INCH IRON ROD
(STAMPED WiTH R.P.L.S #24.37) IN THE SAID WEST LINE OF THE TRINITY
RIVER AUTHORITY;
THENCE South 35 degrees 21 minutes 15 seconds East for a
distance of `315.544 fee', TO A FOUND CONCRETE MONUMENT FOR CORNER
IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO
ENTERPR!SES, AS DESCRIBED BY WARRANTY DEED RECORDED tN VOLUME
8,7174, ~GE `3449 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS; for o
TH.~,,~. South 88 degrees 46 minutes 59 seconds West
distance of 451.439 feet TO A FOUND CAPPED 1/2 iNCH IRON ROD FOR
THE NORTHWEST CORNER OF SAID GOLF ENTERPRISES TRACT, AND THE MOST
NORTHEASTERLY CORNER OF THE EAGLE POINT VILLAGE AT RIVERCHASE, AN
ADDITION TO THE CITY OF COPPELL,DALLAS COUNTY, TEXAS, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 93055, PAGE '~`3 OF T~E MAP
RECORDS OF DALLAS COUNTY, TEXAS;
~ENCE North 89 degrees 4.8 minutes .38 seconds West for
distc:nce of 173.649 ~eet TO A SET CAPPED t/2 INCH IRON ROD
(STAMPED 'blTH R.P.L.S.#24,57) FOR THE SOUTHEAST CORNER OF RtVER¥]EW
ESTATES, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS,
97174, PAGE 5345
-r'uN
ACCOR,,' 0 TO THE PLAT THEREOF RECORDED IN VOLUME
OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS;
THENCE North 02 degrees 4,3 minutes 49 seconds East for a
disc. once of 259.475 feet TO A FOUND PIPE FOR CORNER;
THENCE North !2 degrees 51 m;nutes 48 seconc:s West for a d;stonce of
572..3!2 feet TO THE ~OINT OF BEGINNING AND CONTAINING 7..342 ACRES OF LAND.
ii
Z
~[BIT
~
n ~
!
T H E C I T Y O F
C-OPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM #
ITEM CAFrION:
Consider approval of an Ordinance for Case No. S-1186-Potter Concrete, zoning change from LI (Light
Industrial) to LI-SUP (Industrial, Special Use Permi0, 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, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On June 12, 2001, City Council unanimously approved this zoning change (7-0).
Staff recommends approval of this Ordinance.
Agenda Request Form - sed 5/00
CITY MANAGER REVIEW:
Document Name: ~$1186o
AN ORDINANCE OF TItE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
TIlE COMPREHENSIVE ZONING ORDINANCE AND MAP OF TItE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM "LI" (LIGItT INDUSTRIAL) TO "LI-S.U.P.'
(LIGHT INDUSTRIAL-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE
PERMIT TO ALLOW FOR THE OPERATION OF A CONCRETE BATCH
PLANT ON APPROXIMATELY 1.16 ACRES OF PROPERTY LOCATED
APPROXIMATELY 900 FEET WEST OF THE INTERSECTION OF
CREEKVIEW AND ROYAL, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, ATTACHED HERETO AS EXHIBIT "B"; 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.
WItEREAS, 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 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-1186 should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "LI-S.U.P."
(Light Industrial- Special Use Permit-1186) to grant a special use permit for the operation of a concrete
batch plant located on approximately 1.16 acres of property located approximately 900 feet wets of the
h~tersection of Creekview and Royal, on the west side of Creekview Drive, subject to special
1 41810
conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
SECTION 2. That the Special Use Permit for a concrete batch plant is hereby approved
subject to the following special conditions:
(A) The concrete batch plant shall be permitted to remain operational on the subject site for
a period not to exceed one (1) year from the date of passage of this ordinance.
(B) That all permits required by the Texas Natural Resource Conservation Commission be
maintained during operation of the plant and a copy of the same shall be provided to
City staff.
(C) Upon expiration of the SUP, the applicant shall restore the subject site to its original
condition.
SECTION 3. That the Site Plan, attached hereto as Exhibit "B" 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
2 41810
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the city of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately 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 day of
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
R~ERT' 1~. ~
(REH/cdb 6/2~/I
~ER, CITY ATTORNEY
)1)
LIBBY BALL, CITY SECRETARY
3 41810
BEGINNING AT A POINT FOR CORNER AT THE SOUTHEAST CORNER OF A SILT FENCE
FOR THE POTTER PLANT # 16.
SAID PONIT BEING LOCATED S 0..OCj'-30'' E 121.8' AND S 89-50'-30" W 59.0' FROM THE
NORHTWEST CORNER OF LOT 2, BLOCK A OF THE FREEPORT NORTH ADDITION
(VOL. 2000102, PG. 4826) cFrY OF COPPEL, TX.
THENCE S 87-34'-57"W 12..3~
THENC~ N 34-4~'-59"W 49.40'
THENCE N 60-58'-30"W 58.90'
THENCE N 66.-55'~28"W 9.4.46
THENCE N 4-36'-01"W 45.73'
THENCE N 10-01'30"v'V 38.93'
THENCE N 9-37'41"E 30.22'
THENCE N 21-36'43"E
THENCE N 29-51'-59"E
THENCE N :38-36'44"E
THENCE N 57-17'13"E
THENCE S 85-52'-14"E
TO A FNECE CORNER
TO A FENCE CORNER
TO A FENCE CORNER
.TO A FE_NC_E CORNER
TO A FENCE CORNER
TO A FENCE CORNER
TO A FENCE CORNER
104.45' TO A FENCE CORNER
50.21' TO A FENCE CORNER
20.22' TO A FNECE CORNER
18.35' .T.O A FENCE CORNER
98.,89' TO A FENCE CORNER
THENCE S 1- 15'-20"E 346.64 TO THE POINT OF BEGINING
AND CONTAINING 1.1636 ACRES OF LAND OR 50684.7362 SQ. FEET.
~X~IBIT 'A"
SCALE: 1"= 50'
~G~ AT A ~ ~R C~ AT ~ ~ ~RNER OF A SIT ~E ~ - ;
~E~ ~R ~ LOT 2. ~K A ~ ~E FREEST ~R~ ~
~E S ~7-~'~ W 12.~ TO A FNE~ C~NER
~N~W ~.~ TOA~EC~ER
-!
~9.0'
N 89*~7~J~.O'E 762.~
F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # ~
ITEM CAPTION:
Consider approval of an Ordinance changing the name of North Texas Court to Fitness Court at the entrance
of the proposed fitness facility, Everybody Fits, located west of Denton Tap Road, north of Sandy Lake
Road, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Please see attached letter and map from Brian M. Kennedy, owner of EveryBody Fits, LP, dated May 8, 2001.
This request was reviewed and recommended for approval by the Development Review Committee on
May 31, 2001. The Planning and Zoning Commission was informed of this street name change on June 12,
2001. Courtesy letters were mailed to the three affected property owners, notifying them of this proposed
name change.
Staff recommends approval of this request.
DIR. INITIALS: 7~5 FIN. REVIEW.~
Agenda Request Form -~Revised 5/00
CITY MANAGER REVIEW:
Document Name: ~NTCnc
0S/10/010G:82A P.0~1
May 8, 2001
149 Cottonwood Dr
Coppell, TX 75019
Ph/Fax: 972 393 1272
UAl' 102OO1
Gary Sieb
Planning Director
City of Coppell
Coppell, TX 75019
Ph: 972 304 3678
Fax: 972 304 7092
Dear Mr. Sieb:
I would like to request that the name of North Texas Court be changed. That name was chosen based on
the business that was to be located at the end of the street, North Texas Gynmastics and Dance. At this
point, following all the events assodated with the demise of that business, there are a lot of lingering
negative feelings associated with that name. As the new major business taking over that building, I would
rather eliminate all associations with that name and business. Further, I seriously doubt that anyone would
have considered "North Texas" a particularly good name if it weren't for that business being there.
Currently, there are no businesses using any address on that street and probably very few maps that even
show that street. Now would be a very good time to change the name. (We will be ready to open soon, so
we would like it done before we start printing literature.)
Since all of thc businesses within my building, EveryBody Fits, will be related to family fitness (both
physical and mental fimess), and I would expect other fitness-related businesses to be auracted around my
building, I would like to suggest ,he name:
Fimess Court
And with the fimess craze what it is, I would think that a reasonable name for any street
If that is not desirable for some reason, I will make the following suggestions, in order of my preference:
Family Circle
Champions Cou~t
Rising Star Lane
Winners Circle
Any of those would be far preferable to the current name, North Texas Court. However, I have reviewed
all these names and many more with numerous Coppell residents, and ovcrwhchningly thc favuritc was
Fitness Court. So, I strongly recommend that first choice.
Thank you for you consideration of this matter.
Sincerely,
Brian M. Kenn6aly
Coppell Resident and
Owner of EveryBody Fits, LP
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
RENAMING NORTH TEXAS COURT, A CUL-DE-SAC PUBLIC STREET
LOCATED OFF OF THE 100 BLOCK OF NORTH DENTON TAP ROAD,
AS DEPICTED ON EXHIBIT "A" ATTACHED HERETO AND
INCORPORATE HEREIN BY REFERENCE, TO FITNESS COURT;
DIRECTING THE TRAFFIC ENGINEER TO CHANGE THE NAME OF
SAID PORTION AND ERECT SIGNAGE REFLECTING THE SAME;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, North Texas Court is a cul-de-sac which intersects only with the 100 block
of North Denton Tap Road and ctm'ently serves three landowners; and,
WHEREAS, the City Council of the City has determined that it would be in the public
interest to rename North Texas Court, as depicted on Exhibit "A" which is attached hereto and
incorporate herein by reference, to Fitness Court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. That North Texas Court, a cul-de-sac public street intersecting with the
100 block of North Denton Tap Road, as depicted on Exhibit "A" which is attached hereto and
incorporate herein by reference, is hereby renamed Fitness Court; and, that the City Engineer is
directed to correct the maps and records of the City to reflect a change in said street name and to
erect the appropriate signage in accordance with the ordinances and regulations of the City of
Coppell, Texas.
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
1 41876
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. This Ordinance shall take effect immediately l~om and after its passage the
publication of its caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day
of ,2001.
APPROVED:
ROBERT I~.'ILIA'(~, CITY ATTORNEY
(REH/cdb 06/28/01) o-
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
2 41876
LU
'(]~ o¥1 NO/N:ICt
'N'I B'I¥OA (
! I ! I I I m I ! . , , ~ i m m
T H E C I T Y 0 F
COPP-EL£ R QU Sr FOmU
CITY COUNCIL MEETING: July 10, 2001 ITEM # _~~
ITEM CAPTION:
Consider approval of a resolution authorizing the use of Community Development Block Grant funds from
current fiscal year 2001 in the amount of $75,282.00 for the installation of an eight inch water line and fire
hydrants within the Golden Triangle Mobile Home Park, and authorizing the City Manager to execute the
necessary documents for such funds; and authorizing the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
The City of Coppell was notified by Dallas County that this year's allocation of CDBG funds for the City of
Coppell was $75,282.00. CDBG funds may be used to meet one of three national objectives. Those are 1)
eliminate blight, 2) eliminate a community threatening condition, and 3) principally benefit low/moderate
income people. Council may be aware that the City is currently utilizing CDBG funds to renovate portions of
the Senior Citizens' Center. Upon discussion, it was decided that an appropriate project would be to provide
fire protection in the Golden Triangle Mobile Home Park. I have met several times with the Fire Chief
concerning the lack of fire protection in this mobile home park. There are 136 families within the Golden
Triangle Mobile Home Park; however, there are no fire hydrants located within the confines of the mobile
home park. Prior to receiving the information from Dallas County concerning the available funding, we had
akeady begun preliminary conversations with representatives of the Golden Triangle Mobile Home Park
concerning the City providing several fire hydrants within the park for fire protection purposes. If this project
is approved by Dallas County for funding, then it will be providing almost all of the funding for this project.
My estimate is that the installation of fire hydrants within the Golden Triangle Mobile Home Park will cost
approximately $76,000. This includes the installation of about 900 linear feet of eight inch water line and
three fire hydrants. We did submit our application to meet the June 20, 2001 deadline; however, there still
needs to be a resolution from City Council that authorizes the proposed project.
Staff recommends approval of the resolution authorizing the FY 2001 Community Development Block Grant
Funds to be utilized for the installation of an eight inch water line and fire hydrants within the Golden
Triangle Mobile Home Park. Staff will be available to answer any questions at the Council meeting.
BUDGET AMT $
FINANCIAL COMMENTS~~
AMT EST $ +k-BID $
CITY MANAGER REVIEW:
Document Name: #eng2
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW'~
DALLAS COUNTY
COMMISSIONERS COURT ADMINISTRATION
DEPARTMENT OF PLANNING AND DEVELOPMENT
May 7, 2001
TO:
Bill Atldnson, City of Sachse
Rosa Rios, City of Cockrell Hill
Dennis MeDuffie, City of Glenn Heights
Greg Porter, City of Cedar Hill
Lori Segura, City of Lancaster
Don Gray, City of Seagoville
William McDonald, City of Balch Springs
Crystol Birdwell, City of Wilmer
Janice Daniels, City of Hutchins
John Godwin, City of Rowlett
Gary Sims, City of Coppell
Margaret Somereve, City of Farmers Branch
Kirk Caldwell, City of Duncanville
FROM:
Rick Loessberg, Director of Planning & Development
SUBJECT: Adjusted FY2001 CDBG Funding Awards
Please be advised that the FY2001 CDBG funding award for your city was incorrectly stated in a
recent April 6 letter that I sent to you. On the average, the corrected awards are about seven pement
larger than what was originally conveyed in the April 6 letter. The corrected funding awards for the
cities that actively participate in the County's CDBG program are as follows:
ORIGINAL CORRECTED
CITY CALCULATION AWARD
Sachse $53,798 $57,566
Cockrell Hill $141,351 $151,365
Glenn Heights $76,653 $82,106
Cedar Hill $92,476 $99,020
Lancaster $113,924 $121,955
Seagoville $109,002 $116,740
Balch Springs $127,838 $136,861
Wilmer $125,879 $134,703
Hutchins $107,244 $114,779
Rowlett $91,070 $97,515
Coppell $70,324 $75,282
Farmers Branch $96,344 $103,185
Duncanville $100,915 $108,054
Unincorporated Area $99,658 $106,495
411 Elm Street, 3'~ Floor, Room 313
Dallas County Administration Building
Dallas, Texas 75202-3301
e-mail: rloessberg@dallascounty.?rg .'
Telephone: (214) 653-760'1
Telecopier: (214) 653-6517
Page 2 of 2
I apologize for any confusion that these corrected awards may cause.
Please use these corrected awards in determining what CDBG activities your city wishes to
undertake beginning on October 1; the deadline for notifying the County of what these activities will
be still remains June 20 at 4:00 p.m. If the County can assist you in any way before this June 20
deadline, please do not hesitate to call.
cc: CDBG staff
FY2001 DALLAS COUNTY CDBG
PROJECT/ACTIVITY APPLICATION
NAME O17 CITY
TITLE OF PROSECT
Copnell
Colden Triangle l/obile Home Park
Fire Hydrants !. I/A 00-02
(1.) Number of beneficiaries
285
% ofbenefi¢iafie~ being
low/moderate income
75
(3 .)
How wa~ number o fbeneflciarles/% of beneficiaries being low/moderate income calculated?
Ix] by a survey conducted on June 1! -June 18) 2001'
[ ] by I990 census data
[ ] other, explain
(4.)
Ix]
[ ]
[ ]
Identify which national CDBG objective th/s project addresses:
primarily assists tow/moderate income
eradicates blight
eliminates community-threatening condition
n/a (to be used for consultant studies and projects involving ADA aecommodat/or~
and the elderly wh/eh ar~ a~sumed to automatically address a national, objective
(5.)
Is the service area for this project city-wide?
[ ] Yes
[ X] No If no, a map with the project's service area boundaries clearly marked must
be attached. For capital improvement projects, the map must dearly show
the location of the project and its beginning and ending points.
De~c~p~ono£propose~projoct: Installation of about 900 l!oe~_r 'feet of
8" rater line and 3 fire hydrants to provide fire protection to 136
families.
(73
[ ]
[ ]
Project represent:
new project/activity
continuation of on-going activity (i.e., code cnforcem~O
completion of an existing project (i.e., a pwject-usually a capital improvement
project--that has received funding in thc past, but still nceds additional lundin§ in
order to be constructed)
(8 .)
At~ach a linc-item budget for the proposed project/activity. Descn'be wi~Lin this budget how
proposed costs arc derived. For capiul improvement projects, also provide quantities and
unit costs.
Descr/be how project/activity is to be funded:
FY2001 CDBG funding be/rig allocated
CDBG funding from completed/canceled
projects now being reallocated
* Previous CDBG funding that has been allocated
Non-CDBG funding that has been allocated
Add/tional funding ~11 needed
TOTAL BUDGET
75282
75995
2
Lfc~-ovcr CDI~ ~.mclinS fi:om pr~ioua projcots i~ Soin~ ~o bo usocl~ idcnril~' r~c ~ou.~
pro~ccts from which t~is fimding is being rcallocated and the amounts being r .~10cated.
(1 I.) II'non-CE)BO funding is to bc used, describe whether this funding has already been secured
or when such funding will become available.
(12.)
If additional funding will still be needed, describe how additional funding will be provided
(e.g.-throu~ furore CDBG funds, city bond program, etc.).
Water and sewer revenue f~n4s
(13.)
Describe what portio~ of thc project, to the extent applicable, that will be implemented/
managed by the County, the City, another organi~.ation, or some combination of those
entities.
All tmp_l-meuted by City
(14.)
Proposed start date for hnplcmenting project
Pwposed complction datc
Destgu/10-22-01
Constzuction/ 3-~-02
5131/o2
Date(s) of public hearing(s) held by City to idcntify poss/ble projects:
5122101 per N~. Nobles w/ Dallas County
Contact person for project:
Phone number:
Authorized signature:
Kenneth H. Griffin, P.E.
972/30~-3686
4
J
RESOLUTION OF THE CITY OF COPPELL
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE USE OF
ALL AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM
CURRENT FISCAL YEAR 2001 IN THE AMOUNT OF $75,282.00 FOR THE INSTALLATION
OF AN EIGHT INCH WATER LINE AND FIRE HYDRANTS WITHIN THE GOLDEN
TRIANGLE MOBILE HOME PARK, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS FOR SUCH FUNDS.
WHEREAS, the installation of an eight inch water line and fire hydrants principally benefit
low/moderate income people within the Golden Triangle Mobile Home Park of Coppdl, Texas; and
and
WHEREAS, the Golden Triangle Mobile Home Park is in need of adequate fire protection;
WHEREAS, the installation of an eight inch water line and fire hydrants within the Golden
Triangle Mobile Home Park has been approved as an appropriate project for the use of
Community Development Block Grant Funds (CDBG); and
WHEREAS, the City has available CDBG funds totaling approximately $75,282.00 from
Fiscal Year 2001 by Dallas County.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
Hereby requests that Dallas County use all of the aforesaid available funds from the current
fiscal year's funding for the installation of an eight inch water line and fire hydrants within the
Golden Triangle Mobile Home Park, and the City Manager is further authorized to execute the
necessary documents to acquire such funds as may be required.
this the
DULY PASSED and approved by the City Council of the City of Coppell, Texas on
__ day of ,2001.
CITY OF COPPELL
ROBERT HAGER~- '- - -TY ATTORNEY
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
T H E: · C I T Y O F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: Suly 10, 2001 ITEM # ~
ITEM CAPTION: Presentation on fences by Karen Famum.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $
FINANCIAl, COMMENTS:
AMT EST $
DIR. INITIALS: FIN. REVIEW:d:~
Agenda Request Form - Revised 5/00
+k-BID $
CITY MANAGER REVIEW
Document Name: !Fence
T H E ¢ I T Y 0 F
COPPE
June 18,2001
Ms. Karen Farnum
515 Westminster
Coppell, Texas 75019
RE: Agenda Item
Dear Ms. Famum:
Thank you for your Citizen Request for a City Council agenda presentation regarding
comer lot fence setbacks. Based on our conversation, I have scheduled your presentation
before City Council for July 10, 2001. Meetings begin promptly at 7:30 p.m. in Council
Chambers.
We appreciate your interest in the City of Coppell, and look forward to heating your
presentation.
itfully,
tt
anager
255 PARKWAY ~ P.O.BOX 478 ~{ COPPELL TX 75019 ~{ TEL 972/462 0022 ~ fax 972/304 3673
Please
Office
Citizen's Request for a City Council Agenda Presentation
be advised that this form must be completed and received in the City Manager's
in order to be scheduled on an upcoming Regular City Council Agenda:
Copies of all documents relative to the topic to be presented must be attached.
Please indicate the number of pages attached herein:
Objective: what are you requesting of the Council at th/s time? This should include an
answer to the question - Why do you want to address Council at this time?
Note: There is no guarantee that a request for a specific Council Meeting Agenda can be met as
the City of Coppell Home Rule Charter allows the discretion of the City Manager to postpone up
to one meeting depending on the amount of necessary business already on Council's agenda. Tke
City Council determines the length of time allotted for eack citizen agenda presentatiota
This form, completed in full, a copy of the presentation or a presentation outline and all back-up
documentation must be in the City Manager's Office no later than 10:00 a.m. on the Monday
of the preceding week before the scheduled Council meeting (8 days). Documents will be
included in Council's packets which are distributed prior to the meeting.
If you have any questions regarding this form, please contact the City Manager's Office at 972-
304-3618.
PRESENTATION OUTLINE
1. Introduction: Statement of Problem
2. General Overview: Big Picture Regarding Zoning
3. General Overview: Local Picture Regarding Zoning
4. Review of Selected Current Coppell Ordinances
5. Review of Checks and Balances System for City Ordinances
6. Anecdotal Information to Support Allegations
7. Proposed Resolution
PROBLEM STATEMENT
Per city staff, beginning sometime in 1996, the City of Coppell began
stipulating the placement of comer lot fence setbacks on some (i.e. Vistas of
Coppell and Village at Cottonwood Creek Section 6), but not all (i.e. Village at Cottonwood Creek
Section 5 and Magnona ~'ark), residential plat plans. Sometimes the fence setback
was 15-feet (^sbury Manor) and sometimes it was 1 O-feet (Forest Cove Estates). On
occasion, this action appears to have been an arbitrary condition of
development approval, "motion to approve...subject to the following
conditions..." (city Council Minutes March 11, 1997: Asbury Manor)
Caselaw from the U. S. Supreme Court is clear that a city may not attach
arbitrary conditions to a building permit.
Per the Coppell Home Rule Charter, city ordinances dictate development
standards and the city is charged with enforcing these ordinances.
Ordinances are not to be changed, supplemented or amended, without the
adoption of another ordinance.
Neither the Fence Ordinance of 1995 nor the Zoning Ordinance of 1991
was amended prior to this change in development practice.
The net effect of stipulated side yard fence setbacks on comer lot
properties is that although these homes have designated front and side
yards on the plat, in reality they have 2 front yards, one 25-foot and one
either 10 or 15-foot.
I believe the practice of stipulating the placement of fence setbacks on plat
plans is an error by the City of Coppell. Further, I allege that the City of
Coppell, via the actions of city staff, Planning and Zoning Commission
and City Council has violated:
· The Home Rule Charter for the City of Coppell
· Ordinance 91500: Zoning
· Ordinance 95704: Fence Regulations.
ZONING 101
The Fifth Amendment to the U.S. Constitution prohibits a
"public taking" of private property without fair compensation.
The issue of a "public taking"" is a balancing test, balancing the
detriment to landowner with the benefit to the health, safety and
welfare of the public. 0~awO~c¢.com)
Some of the more controversial zoning matters include...
zoning-related regulations that impair or restrict the use of
private property (LawOffice.com)
0
Generally, wide discretion is provided to cities in making
zoning-related decisions, as long as they are based upon some
factual basis and are not arbitrary or capricious.
(LawOffice.com).
The U.S. Supreme Court has reaffirmed the importance of
protecting landowners from over-regulation in 6 cases brought
before the court since 1987, COr~mLan~, Octo~r ~999). U.S. Supreme
Court Justice Stevens, "The Court is correct in concluding that
the city may not attach arbitrary conditions to a building
permit..." in Dolan v. City of Tigard (93-518), 512 U.S. 687
(1994).
Texas Code, Chapter 212, Section 212-010: ...municipal
authority shall approve a plat if...it conforms to the general
plan...
EXCERPTS FROM COPPELL HOME RULE
CHARTER
Section 1.01 ...All powers of the city shall be exercised in the
manner prescribed by this charter, or if not prescribed, then in such
manner as may be prescribed by ordinance, by the state
constitution or by the statutes of the State of Texas.
Section 3.07...~lllpowers of the city shall be vested in the City
Council...
Section 3.13...The City Council shall legislate by ordinance
only... An ordinance shall not be amended or repealed except by
the adoption of another ordinance.
Section 3.15...The City Council shall have the power to inquire
into the official conduct of any department, agency, office, officer
or employee of the city.
Section 4.01 ...The city manager shall be empowered to...3. See
that all state laws and city ordinances are effectively enforced.
Section 9.01...The city shall have the power to adopt and
enforce...2. Ordinances for the regulation of plats and
subdivisions...3. Ordinances to establish land use regulations
Section 9.02... 1-5. The Planning and Zoning Commission shall
recommend to the City Council proposed ordinances and
amendments to ordinances regarding planning and zoning.
CHECKS AND BALANCES SYSTEM OF CITY
ORDINANCES
1. The city manager shall be empowered to see that city
ordinances are effectively enforced. (Coppell Home Rule Charter)
2. The Planning and Community Services Department is
responsible for administration of the Zoning Ordinance
and Subdivision Regulations...ordinances... of the city.
(Planning Department Mission Statement)
3. The Planning and Zoning Commission is responsible for
making recommendations regarding...proposed ordinances
and amendments to ordinances. . . (copp~n Home Rule Cha~er)
4. The Board of Adjustment is also charged with
recommending ordinances or amendments for
adoption... (Board Of Adjustment Bylaws)
Qualified voters of the City of Coppell have the power to
propose ordinances to the City Council. ~co~u Home Ru~ Ch~ner~
EXCERPTS OF COPPELL ZONING
ORDINANCE
1. Article 27 "PD"
Section 12-27-0 While great flexibility is given to provide
special restrictions which will allow development not
otherwise permitted, procedures are established herein to
ensure against misuse of the increased flexibility.
Section 12-27-1 3. The planned development district shah
conform to all other sections of this chapter unless
specifically excluded in the granting ordinance.
Section 12-27-1 4. All applications shall state all requested
deviations from the standard requirements set forth
throughout this chapter
2. Article 44 Amendments
Section 12-44-1 No change shah be made in these
regulations...except, 2. To recognize changed or changing
conditions...3. To recognize...the style of living...
Section 12-44-2 The city council may...amend,
supplement, or change the regulations herein.
3. Article 47 Penalty for Violations
Section 12-47-1 Any person, firm or corporation violating
any of the provisions of this ordinance shall be....punished
by a penalty of fine not to exceed the sum of $2,000.00 for
each offense, and each and every day such offense
continues...
Attaabm~ B at~o Mchu~ S~c~on ]~-SA~ l~t ~ of OMnm~
No~ 91500, which s~ that tim __tts~_nJMn lot ~ in ~ 2~'-7 rethimtiai
zoning dL~ct shall be 40~ TMrefore the retnmnMg 60~ mst rttnaM as 'open
4
A cmpy ofthe 1994 .~d~division Onlimme ~3 ~__~m_' l- Smms ami AIk~
-
OrdMma~ # 9 464 $. ~ on I - gred3
AREAS WEST OF DENTON TAP WITH
CORNER LOT FENCES EXTENDING TO SIDE
PROPERTY LINE
Copperstone
Villages at Cottonwood Creek
Woodlands of Coppell
Grand Cottonwood Creek
Huntington Ridge
Estates of Copperstone
Oak Bend Estates
Devonshire
Wynn Page
Magnolia Park
Also the entire housing area immediately south and east of Wilson
Elememary School.
AREAS EAST OF DENTON TAP WITH
CORNER LOT FENCES EXTENDING TO SIDE
PROPERTY LINE
Park Meadows
Park Place
Chaucer Estates
Highland Meadow
Stonemeade Estates
Pecan Hollow
Parks of Coppell
Austin Place
Pecan Ridge Estates
Summer Place
Creek View Waterford
RiverView Estates
The Meadows
Raintree Village
Riverchase
Also many other unnamed housing areas.
This page represents a sampling, not a complete listing of all
subdivisions with fences to property lines.
EXCERPTS OF CITY STAFF, CITIZEN
VOLUNTEER AND ELECTED OFFICIAL
COMMENTS REGARDING CORNER LOT
FENCE SETBACI~
Corner lot fences to the property line "were mistakes made in
the past, this does not mean that these mistakes should be
repeated." (Ch~man McCaff~ey, P/Z Commission meeting, October 21, 1999)
2. "We've worked hard with developers to get them to create
visibility lines and wide open spaces." (Ch~man M¢C~ey, Oct. 21, 99)
3. "Corner lot fence setbacks give the appearance of more open
residential streets." (Conversation with Planning Director, January 2000)
4. "Fences represent an encroachment of the public open space."
(Planning Department Staff Report to Planning and Zoning Commission Case No.: PD-159R,
Asbury Manor)
"Fences are not aesthetically pleasing." "Setbacks on corner
lots are there for a reason whether it be for safety or
aesthetics" (Mayor Pro Tern Tunnell, City Council meeting November 9, 1999)
Fences to the corner lot property line adversely affect curbside
appeal of properties and might hurt property values. (st~
Comments, P/Z Commission meeting, October 21, 1999)
"Fences on corner lots pose a sight visibility concern." ~1., and
Bo~d of^dju~ment ^u~u~ 4, 2000), or "concern of a safety issue."
(Councilmember Peters, City Council meeting November 9,1999)
ge
"It is important to maintain an equal and uniform setback on
both sides of the street providing a balanced and symmetrical
appearance from the street." (1.) (see OR 91500 Section 32-2-5)
e
"Westminster Way serves as the main entry into the
subdivision." and "we identified key lots" (1., e/z ~o~ssion~utes of
October 21, 1999, Board of Adjustment of August 4, 2000 and staff comments)
10.About 5 years ago, a resident(s) in Northlake Woodlands
complained about having two 25-foot front yard setbacks, so
we started "recommending" a 15-foot fence setback on
subdivision plats. "Since about 1996, many subdivisions, both
"SF" and "PD", have corner lot setback notations on the plat,
but not all." (Conversation with city staffon June 1 and June 4, 2001) (see P/Z Commission
minutes of February 20, 1997 and Council minutes and agenda request form of March 11, 1997)
1 1.The ordinance was not changed or amended, it "evolved", it
was "clarified", and it was "reinterpreted". (V~ou~ conversations with
multiple city staffin fall of 1999, January 2000, May and June 2001)
12."The corner lot fence setback was part of the "PD" and "the
corner lot fence setback was part of the "PD" give-and-take
negotiation process with the developer." (1. ~na Conversations with city
staffon June 1 and June 4, 2001)
13.Buyer beware. (Planning and Zoning Commission October 21, 1999, City Council
November 9, 1999 and Board of Adjustment August 4, 2000)
(1.) Planning Department Staff Report to Planning and Zoning Commission Case No.: PD-159R, Asbury
Manor
DESIRED OUTCOMES
Immediate cessation of placing comer lot fence setback
notations on residential development plat plans.
2. Expedient review of all residential developments since 1996 to
objectively quantify scope of problem.
3
· Expedient administrative action to correct this error for all
affected property owners.
4. Acknowledgment that in all likelihood, the affected properties
would have had a fence installed by the homebuilder, had a
fence setback NOT been placed on the plat plan.
5. Expedient investigation by the City Council, as allowed by
Section 3.15 of the Home Rule Charter, to determine:
· Initiating factors for this error
· Sustaining factors for this error
· Break down in checks and balances system
· Need for education and training
· Appropriate disciplinary
actions/penalties/punishments
· '1 hc Coppell Citizen - Connnentary: Plmnfing and Zoning Gone Too Far Page I of 2
Q bt' opptll
Monday, March 6, 2000
Commentary: Planning and Zoning Gone Too Far
How is it Coppell has come to embrace such disregard for homeownership and private
property? Since about 1997, despite a nearly 20 year building history demonstrating the
contrary, the city that says it values consistency began stipulating a 15-foot street side
fence line setback into private property on corner lots.
What's the result of this action? Corner lot homeowners are being forced to have not
only front yards but also side yards for the public's viewing pleasure. In dollars and cents
that means in SF-7 or PDSF-7 developments, about 40% of the comer lot homeowner's
private property is truly not private. Think about that when analyzing your tax bill. Take
an exploratory trip around and through Coppell to see for yourselfi good examples
include Asbury Manor, Vistas of Coppell, Coppell Greens and Westbury Manor.
Visualize your own home on a corner lot with the fence placed on the property line, now
imagine the backyard minus 15 feet on the street side. Would there be enough roo~n for
the pool, the deck and the vegetable garden or for the kid's jungle gym?
What prompted this action? Getting a clear answer has been most difficult. Even after
my experiences with the Planning/Zoning Department staff, the Planning/Zoning
Commission and the Coppell City Council my understanding remains murky.
Statements have been made that fences to property lines on corner lot homes constitute a
traffic safety concern. I too, value safety. However I prefer to rely on experts, such as
the city civil engineers, to set the standard for what is considered safe. Indeed, Coppell
has ordinances in place regarding traffic visibility. Those ordinances can be satisfied and
still provide for the corner lot homeowners to place the fence on the property line.
A frequently repeated response fi'om all parties has been "fences to the property line are
unsightly" or to quote Mayor Pro Tem Tunnell (City Council Meeting Nov. 9, 1999),
"they are not aesthetically pleasing." The city must have endorsed the pursuit of a visual
ideal despite its costly impact on a limited number of individual homeowners: although
apparently there is not an official city document supporting this course of action.
Per Coppell's Director of Planning, Mr. Gary Sieb, the goal of the corner lot fence
setback was to gain the appearance of more open residential streets. Now I'm the last
person to be against more open space; however, I don't believe itt targeting a specific
limited number of homeowners to finance the goal. I believe the Community should
finance items of common interest and benefit.
Is this action the result of a change to the zoning ordinance? No, the ordinance did not
change. In fact, the ordinance has been in place, unchanged since 1979. As explained to
http://www, geocities.com/coppeHcitizen/v01 n07a02p0 l.html
3/12/00
I nc coppcll h, lt~ZCn - Colmncntary: l'lmmmg zu~d Zoning Gone Too Far Page 2 of 2
me by Mr. Sieb, he was directed to "clarify" the ordinance. The ordinance was not
amended and was not revised. Per Mr. Sieb, a residential privacy fence is now viewed
as being part of the building structure. Does this make anyone uncomfortable? It should
and for several reasons.
First, as the ordinance has been "clarified", if your corner lot fence is on your property
line, it now most likely violates the ordinance. So unless a fence variance has been issued,
every fence that has been constructed since 1979 and presently sits on the property lh~e
should be receiving a notice of code violation. Secondly, ordinm~ces should be clearly
understood by all. To adequately protect the interests of all Coppell residents, ordinances
deemed unclear should be formally revised or amended through the public hearing
process, not "clarified" by city employees. Lastly, and most troubling, when this issue
was presented to council on November 9, 1999, Councilmember Peters responded that
she could not support my fence variance request "for fear of setting a precedent" and
Mayor Sheehan responded, "do you want more or less govermnent?" Is requesting the
city follow ordinances as they have been written really too ~nuch to ask?
Karen Farnum
515 Weslminster Way
Coppell, TX 75019
Karen Farnum is a Coppell resident and was one of two homeowners applying for
fence variances in the November 9th, 1999 council meeting. The council's handling of
this application was the subject of an editorial in The Coppell Citizen "The.~:ounci!'s
rc~p0n_s_.~bilityt0hcar fe~nc_e_-Iin_e e~emption.apl~ica_~0ns" on December 10, 1999.
Bagk lo thc Fron! page
http://www, geocities.com/coppellcitizen/v01 n07a02p01 .html 3/12/00
T H £ C ! T Y o F
COPPgLIL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-191, Freeport VII, zoning change request from LI (Light Industrial) to PD-
191-LI (Planned Development-191, Light Industrial), to allow a reduction in the required parking on approximately
17.824 acres of property located at 611 S. Royal Lane, south of Creekview Drive (Freeport North Addition, Lot 2,
Block A).
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision of P&Z Commission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Nesbit,
McGahey,
Approval is recommended, subject to the following condition:
1)
thia °D "':" *'~ re red ^ aa;+;^~ kin ,
..................... par g ........ }, .................
r~a: ..... ;~ o~, ~. ,u~ ,: ...... u .... a...~, :~ qu:.red (CONDITION MET)
Staff recommends approval.
Kittrell,
DIR. INITIALS: ~-~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
~PD191
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CAgE NO.: PI) 191 - LI, Freeport VII
Lot 2, Block A of the Freeport North Addition
P & z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
June 21, 2001
July 10, 2001
611 S. Royal Lane, South of Creekview Drive
Approximately 17.8 acres of land
CURRENT ZONING:
LI (Light Industrial )
REQUEST:
APPLICANT:
HISTORY:
TRANSPORTATION:
PD - 191 LI to allow for a reduction in parking.
Brook Barefoot
Duke-Weeks Realty Corporation
5495 Belt Line Road, Suite 360
Dallas, Texas 75240
972-687-0006
FAX 972-361-6800
The City Council approved the plat for the Freeport North
Addition, Lots 1,2 and 3 Block A in 1984.
In January 2000, City Council approved a site plan for a 386,150
sq. ft. building on the subject tract, with an 10/90 ratio of office
to warehouse. This building required 473 parking spaces. One
year later, in January of this year, administrative approval was
granted for a revised site plan which reduced the square footage
of the building to 383,925 sq. ft. and altered the office to
warehouse ratio to 2.6/97.4, thus reducing the required parking
to 408 spaces.
Royal Lane is a C4D/6 four-lane divided collector built to standard
in a 100' wide right-of-way capable of accommodating 6-lane
divided thoroughfare. Creek-view is a C2U two-lane undivided
collector.
Item # 4
SURROUNDING LAND USE & ZONING:
North-Trillium; "LI" - Light Industrial
South-vacant; "LI" - Light Industrial
East-warehouse/office-not occupied; "LI"-Light Industrial
West- vacant; ~LI' - Light Industrial
COMPREHENSIVE PLAN:
DISCUSSION:
The Comprehensive Plan shows the property as suitable for
light industrial and showroom uses.
This property is currently under construction for a 383,925
square foot office/warehouse development. This request is
to reduce the amount of parking to be provided for this
development.
As discussed in the HISTORY section, the original site
plan was approved for a 386,150 sq. ft. building, with an
10/90 ratio of office to warehouse and 473 parking spaces.
One year later, in January of this yea_r, administrative
approval was granted for a revised site plan which
reduced the square footage of the building to 383,925 sq.
ft. and altered the office to warehouse ratio to 2.6/97.4,
thus reducing the required parking to 408 spaces. Both of
these site plans were based on a parking ratio of one space
per 300 square feet for office and one space per 1000
square feet for warehouse use.
The current request is to place this property under a PD to
allow for the parking requirement to be reduced from one
space per 1000 square feet for warehouse use to one space
per 3000 square feet, and again revise the office to
warehouse ratio back to 10/90. Under this scenario, there
are 243 parking spaces required and the site plan indicates
that there are 257 spaces being provided. Lessening of
the number of parking spaces increases the amount of
landscaping provided by over 6,600 square feet. As
revised, thc percentage of thc site devoted to landscaping
increases from 16.1 to 17%. This revised site plan also
increases the number of dock doors from 63 to 71.
Included in this PD are the elevations reflective of the
revision to the location and number of dock doors being
provided.
As part of the rational for this reduction in parking, the
applicant has cited the recent approval of PD 185
(Champion) which reduced the parking for warehouse to
one space per 5000 square feet. In this instance,
Item # 4
assurances were made that there is sufficient land
available on-site to provide parking at the required 1/1000
ratio for warehouse, if needed, while meeting the
landscaping requirements. Per request of staff, this current
PD site plan also includes the notation:
In the event that the ratio of office to warehouse
changes, and/or the demand for parking increases
due to the occupancy of the building, an
amendment to this PD will be required. Additional
parking shall be provided within the current
landscaped areas, while meeting the requirements
of the Landscape Ordinance.
The applicant also has provided pictures of similar office/
warehouse developments, taken in the middle of the
afternoon, where it appears that there is an abundance of
empty parking spaces. Staff's casual observations in our
industrial areas confirm that there are some under utilized
parking lots, with the exception of where buildings have
been occupied as call-centers with high employee
populations. In this case parking is at a premium.
It appears that the current characteristics of these big box
warehouse users is to have a very low employee
population. However, Coppell's Zoning Ordinance (as
well as in many other cities in the metroplex) require
parking to be provided at a ratio of one space per 1000
square feet. The reduction of the parking requirement
should only be granted on a case-by-case basis, where it is
demonstrated that in the event that the parking demand
increases, there is sufficient land available within the tract
to meet both the parking demand and the requirements of
the landscape ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of PD 191-LI with the
condition as included on the site plan which states:
In the event that the ratio of office to warehouse
changes, and/or the demand for parking increases
due to the occupancy of the building, an
amendment to this PD will be required.
Additional parking shall be provided within the
current landscaped areas, while meeting the
requirements of the Landscape Ordinance.
Item # 4
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Memo from Gary Sieb to Greg Jones granting Administrative
approval for an amended Site Plan and Landscape Plan for
Freeport VII.
Administratively approved site plan
Admini.~tratively approved landscape plan
Applicant's rationale for the reduction in parking
Amended Site Plan
Amended Landscape Plan
Amended Elevations
Color rendering of Elevations
2)
3)
4)
5)
6)
7)
8)
Item # 4
DATE: January 12, 2001
TO: _ Greg Jones, Building Official
FROM~ary Sieb, Director of Planning
RE: // Amended Site and Landscape Plan for Freeport VII
Lot 2, Block A Freeport North Addition
Attached are the amended Site and Landscape Plans for Freeport VII, dated January 5,
2001 and January 12, 2001 respectively. The site plan and landscape plans were
originally approved by City Council on January 11, 2000, subject to the conditions as
outlined in the attached Agenda Request Form.
The amended site and landscape plans qualify for administrative approval due to their:
Reduction in building size from 386,150 square feet to 383,925 square feet;
· Reduction in required parking from 473 spaces to 408 spaces due to the altering of
the office to warehouse ratio from 10%: 90% to 2.6%: 97.4%;
· Compliance with the provisions of the Landscape Ordinance, including the planting
of 142 caliper inches for the required tree retribution, as confirmed by Brian Adams
of SMR Landscape Design; and
· The dedication and construction of Creek View Drive.
The submission of a color board was also a condition of the City Council. We have
received confirmation from Paul Brown of Duke Weeks that the colors and materials will
be the same as was approved for Freeport 5 and 6, which is acceptable. Finally, the
previously approved site plan indicated a 60 square foot monument sign along Creek
View Drive. This 60 square foot sign has been relocated to the northeast comer of the
site at the cul-de-sac, and will have the design as previously approved.
If you have any questions or would like addition information, feel free to contact me or
Marcie Diamond at x3676.
CC: Paul Brown, Duke Weeks
file
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May21,2001
City of Coppell Development Review Committee
c/o Mr. Gary Sieb
RE: Duke-Weeks W~ Parking Atmlysis far Freelx~ VII PD App~
In reviewing anticipated parking needs versus city requirements for its Freeport VII project,
Duke-Weeks Realty Corporation has gathered information to support its position that parking for
warehouse uses in this area can be reduced without a negative impact. Duke-Weeks is proposing
a reduction for this site from the currently required ratio of 1 parking space per 1,000 sf of
warehouse space to 1 per 3,000. This supporting infonmation is based on existing uses in the
immediate project area and elsewhere. Pictures of Duke-Weeks' Freeport III and Freeport VI
projects were taken between 2:30 and 3:00 p.rm on Thursday, May 17, 2001, and they are attached
to this document. Also induded is a separate warehouse parking analysis prepared by Champion
Partners for another Coppell industrial park. Champion submitted this analysis as part of a PD
apph'cation that included a change in the warehouse parking ratio to 1 parking space per 5,000 sf
of warehouse space, and this PD was approved by the City of Coppell in July 2000.
1.)
Freeport III--Duke-Weeks developed this building at South Royal Lane and
Gateview Boulevard, which is just a few blocks north of the Freeport VII site. This
297,202 sf building is fully leased by three tenants. Within their respective spaces,
they are using between 4% and 10% of the square footage for office uses, and the
balance is warehouse use. Parldng for the site using the 10% office figure for the
whole building requires 366 spaces(99 office and 267 warehouse) with the respective
1/300 and 1/1000 office and parking ratios. If the 1/300 and 1/1000 ratios would
have been used, 188 spaces(99 office and 89 warehouse) would have been provided.
The attached pictures of the Freeport III project show very little parldng is actually
being used at this time, so parking using the reduced warehouse ratio would appear to
be more than adequate.
2.)
Freeport VI This is another Duke-Weeks property, and it is located immediately
north of Freeport VII. The occupants of this building use about 6% of it for office
use and 94% for warehouse use. Parking has been provided for this fully occupied,
228,210 sf building based on an assumption of 4% office and 96% warehouse uses
for a total of 260 cars. Despite the higher actual office use, the attached pictures for
Freeport VI also demonstrate that very little of this building's parking spaces are
being used. If parking had been allocated for this building's actual usage with ratios
of 1/300(office--4% ) and 1/3,000(warehouse--96% ) as Duke-Weeks proposes for
Freeport VII, 155 spaces would have been eliminated from Freeport VI. Based on
the existing plan and the current usage shown m these photos, more than 155 spaces
on this site are unused and unneeded now.
3.)
Freeport VII Prospective Tenant One possible tenant whom Duke-Weeks is
attempting to bring to the building is seetdng approximately 300,000 sf of space, yet
they require only 80 parking spaces. If they use 10% of their space for office uses, the
1/300 and 1/1,000 ratios would require a total of 370 spaces for this firm, which is
almost 300 more than they need. The proposed 1/300 and 1/3,000 ratio would
provide 190 spaces, which still well exceeds the needed amount.
4.)
Centreport At Duke-Weeks' Centreport building in Fort Worth, Great Spring
Waters of America, which distributes Ozarka and other brands locally, occupies
310,000 sf, 10,000 of which is used as office space. The needs of this tenant are
similar to what Duke-Weeks expects for those who will occupy the Freeport VII
project. Great Spring Waters employs 36 people. At ratios of 1/300(office) and
1/1000(warehouse), they would be required in Coppell to provide 333 parking
spaces. Even at ratios of 1/300 and 1/3000(Duke-Weeks' proposed warehouse
amount), the corresponding 133 spaces would supply more than enough parking for
this company's employees and visitors.
Based on this Duke-Weeks data and that provided by Champion, we believe that a warehouse
parking ratio of 1 parldng space per 3,000 square feet of warehouse space is suffident~ We
respectively request your consideration of permitting this condition in our proposed PD.
Freeportm Building Norflaea~eomer,"~~
Freeport m Buad~
Freeport m B,]iUh-,.g N~ comer, Iook~ south
Freeport ~ ~ Northeast ~, ~ ~
CHAMPION ANALYSIS
March 20, 2000
Development P,.eview Committee
c/o Mr. Gary Sieb
City of Coppell
RE.: Warehouse/I)istribution Facilities Parking Requirements and Analysis
The purpose of the analysis is actual parking utilization for typical warehouse/distribution
uses as compared to municipal parking standards mandated by municipal requirements.
Over the past decades, the operating procedures in warehouse/distribution facilities have
been greatly influenced bv advancements in the arena of material handling methods and
equipment. Such progress has allowed users to increase operation efficiencies while
dran~aticallv reducing their warehouse persormel requirements. Material handling
methods utilizing rolling ladders, hand trucks, and dollies has become outdated and has
been replaced by today's use of high speed forklifts, comPuterized high bay pi¢'king
apparatus, ,.,,'ire guided lifting platforms, basaloid compression lifts, computerized
packing, curting, and fulfillment equipment.
The following is a list of warehouse/distribution companies that validate our request to
specifically reduce the warehouse parking ratio requirements:
General Electric Co. (GE Appliances)
101 I Isuzu Parkway
Grand Prairie, TX 75050
972-623-4600
Contact: Jack Jones
Facility Area: 470,000 square feet
Office Area: 10,000 square feet
\Varehouse Area. 460,000 square feet
Warehouse employees 28 (varies +10% )
\Varehouse area to warehouse employee l)arking ratio:
1 sl)ace per 16,400 square feet
\Varchousc:l)~slr~bt~l~on Facilities Pnrk~n~ P, cqu~rcmcms and .-\nalvs~s
I'ag¢ 2
Republic Beverage
1010 Isuzu Parkway
Grand Prairie, TX 75060
972-595-6100, ext. 6715
Contact: Bob Gillespie
Facility Area: 385,000 square feet
Office Area: 55,000 square feet
Warehouse ,&rea: 330,000 square feet
Warehouse employees: 38
Warehouse area to warehouse employee parking ratio:
1 space per 8,700 square feet
Mohawk Industries - Southwest Division (Aladdin Carpet Distribution)
1035 Post & Paddock
Grand Prairie, TX 75050
972-647-8233
Contact' BobHendon
Facility .-\rea; 202.000 square feet
Showroom_;Office Area: 9,000 square feet
\Varehouse .&rea: 196.000 square feet
Warehouse employees: 35
\Varehouse area to warehouse employee parking ratio: l space per 5,600 square feet
Bugle Boy Industries, Inc.
300 Eagle's Landing Park-wav
Stockbridge, GA 30281
805-582-5445
Contact: BameyMow
Facility Area: 434,837 square feet
Office Area: 17,000 square feet
\Varehousc Area: 417,837 square feet
Warehouse employees: 90
Warehouse area to warehouse employee parking ratio:
I space per 4,600 square feet
Nestle Corporation
13600 Eagle Parkway South
Fort Worth. TX
817-491-5500
Contact' Dave Baker/Carlos Del Rio
Facil'lv Area 524.252 square feet
OfficeArca 16.300 square feet
Warchot,sc ,',,rea 507.952 square feet
\Varchot,sc employees 72 (various ±10%)
9?2 31~ * (~,1~
CHAMPION PARTNERS
FAX NO.
972 386~'0600
Wa,~i,,.ase,'Di~tribulion Facilities Parking Requirements and Analysis
Pa? ·
04/04
Maltrll roys
15200 I rinity Blvd~
Fort W,wth, Texas
817-354-4278
Contact. Way~C' Bayhem
Facility At'ca: 508,469 square feet
Office :',,rca: 26,469 square feet (includes store)
Warehouse 3u'ea: 482,000 square feet
V¥'a~eh,,use eml)loyees: I00
Vv:,,,,i~,,,i~r area Io warehouse employee pat'king ratio:
1 space per 4,820 square feet
Ad~.m ed Distribution
5(r~ I a:.;Ic's Landing Parkway
£t,,~kb~idgc, GA 30281
7 7,";-06~- 7706
Cc,~H;,.-~ Tommy Gibson
I:,,,.,l~t, A~ea 300,000 square feet
Olrice 'Xrca' 2,200 square feet
XV:~,'cin,use Area: 297,80~ square feet
Warehouse employees: 20
Warchause area to wam.~ouse cmp~yee parking ratio: I space per 15,000 squat feet
ConAgra Grocery Products (fmmerly Hunt-Wesson)
26 Engelhardt ....
Cra.bury, NJ 08512
609-4o9-9200
('o,~ac~: G¢orge'Mullins
Facility AJ'ea: 324,540 square fcct
(HT'we ,-\rea: 20.5~0 square feet
\\',,,,~h,,~,,c Aaea: 304,000 squaro fcct
\\ a~cl~.,use employees: 24
area to warehouse employee pm'king ratio:
I spaCe per 12,700 square feet
,\~ ha,, bccl~ demonstrated, the parking ratios for the warehouse areas of lhcse projects is
I,u~ :~ s~nall fiaction oflhat currcutly required to meet City standards. Thereby, we
I,cl,c~t tills validating evidence suppmls out' request to reduce Ihe warehouse parking
I erlU~! cmo'Hr 10 a maximum of one space pet' 5.000 square feet of warehouse area.
T H EC I T Y 0 F
'OPP LL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM $$
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-129-R2, Parks of Coppell~ Tract III (Huntin~on Ridge), zoning change
from PD-129R (Planned Development-129R) to PD-129R2 (Planned Development-129R2), to allow the
construction of a masonry wall and revise monument signs to add raised planting beds on approximately
26.177 acres of property located at the southwest comer of Parkway Boulevard and Denton Tap Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Nesbit, McGahey,
Approval is recommended, subject to the following conditions:
1)
The proposed wall shall be constructed of the same design and material as
the existing wall.
The area of the masonry wall located over the 20' drainage easement shall
be constructed according to the provided wall detail.
Staff recommends approval.
~j~nR:a RI~eIquT~stI~o S~ ~~~/5/00 FIN. KEVIEW:(~;k
CITY MANAGER RE
~PD129R2
CASE NO.:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-129R2, Parks of Coppell, Tract III
Huntington Ridge
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
June 21, 2001
July 10, 2001
Huntington Ridge Subdivision at southwest comer of Parkway
Boulevard and Denton Tap Road. (Specifically, at the intersection
of Kingsridge Drive and Denton Tap Road)
Approximately 26.177 acres of property.
CURRENT ZONING:
SF9- PD- 129R (Single Family 9- Planned Development- 129R)
REQUEST:
SF9- PD-129R2 (Single Family 9-Planned Development-129R2) for
the construction of a masonry wall and revision to a monument sign
to add raised planting beds.
APPLICANT:
I~STORY:
Hun 'tmgton Ridge Homeowner's Association
c/o Gary Roden
130 Clover Meadow
Coppell, TX 75019
Phone: 972-789-2698
Fax: 972-789-9957
There is significant history regarding the development of the
Huntington Ridge Subdivision. On May 2, 1992 Planning and Zoning
Commission denied the initial zoning change request from "TC"
Town Center to "SF-T' Single Family-7, and preliminary plat for the
subject site (containing 88 single family lots), based on concerns
surrounding the aesthetics, site plan, screening and access. On July
16, 1992, the Planning and Zoning Commission again denied a
revised version of the request, "SF-7 PD129" Single Family-7
Planned Development, due to the applicant not addressing many
outstanding issues, on August 20, 1992, the Planning and Zomg
Item # 5
Commission recommended approval of another revised plan, "SF-9
PD129R" Single Family-9 Planned Developmem 129R, which
addressed many of the outstanding concems.
On September 8, 1992, City Council reviewed and took the case
under advisement until the October 13, 1992 Council meeting, when
the request for the zoning change fxom 'OTC" Town Center to "SF9-
PD129R" Single Family-9 Planned Development 129R for the
construction of 86 single family homes within the Huntington Ridge
subdivision, was approved.
TRANSPORTATION:
Denton Tap Road is a six-lane divided thoroughfare (P6D) contained
within a 100 foot fight-of-way; Parkway Boulevard is a four-lane
divided street (C4D) contained within an 88 foot right-of-way.
SURROUNDING LAND USE & ZONING:
North- Andy Brown Park; '°TC" Town Center
South- under construction (Dry Clean City); "C" Commercial
East - Eckerd, Princeton Office Park, and vacant land; "TC" Town Center
West- Coppell High School; "PD183 C" Planned Development 183-Commercial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
medium density residential uses.
DISCUSSION:
The Huntington Ridge Homeowner's Association is requesting to
construct a 6' high masonry wall and a monument sign along Denton Tap
Road and revise the existing monument sign to accommodate raised
planting beds. The proposed changes to the site will specifically occur at
the intersection of Kingsridge Drive and Denton Tap Road. The proposed
wall and monument sign will be situated on the perimeter of the lA acre
open/green area owned and maintained by the Homeowner's Association,
which lies on the southwest comer of Kingsridge Drive & Denton Tap
Road. The applicant wishes to construct an angled monument sign with
planting bed, connected to a 60' long masonry wall parallel to Denton Tap
Road.
The wall will be constructed in line, and consistent with, the existing
Huntington Ridge wall to the north and terminate at the south property
line, where it will tie into the required 6' high masonry for the adjacent
Dry Clean City. There is an existing 20' wide drainage easement on which
the proposed wall will be placed. The applicant has provided a detail of the
wall in this location, indicating that the wall can be constructed without
interfering with the easement. City staff has reviewed the detail and finds
that it is acceptable. In order to ensure that the wall is designed to
Item # 5
accommodate the easement, staff has included a condition requiring the wall
to be built according to the submitted detail.
The proposed monument sign and planting bed will mirror the existing
monument sign and design of the planting bed on the north side of
Kingsridge. The only change to the existing planting bed will be the
conversion of the existing stacked landscape stones to a more permanent
brick border.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-129R2, Parks of Coppell, Tract m,
Huntington Ridge subdivision, subject to the following conditions:
1)
2)
The proposed wall shall be constructed of the same design and material as the
existing wall.
The area of the masonry wall located over the 20' drainage easement shall be
constructed according to the provided wall detail.
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) Photographs of existing conditions
2) Wall Elevation for portion over existing 20' easement
3) Site Plan
4) Details
Item # 5
20'-4-"
20'-0" EASEMENT
9'-4-" 1 '-8" . 9'-4-"
;RICK CAP
BRICK PARLASTER-TYP SOLDIER COURSE
CONCRETE FOOTING
ELEVATION.,. o"
SCALE: 1/4-"'- 1-
HUNTINGTON RIDGE
PLANNED DEVELOPMENT
AGUIRRE CORPORATION
12700 PARK CENTRAL. DRIVE
15 TH FLOOR
DALLAS TEXAS 75251
TEL. (g72) 788-1508
REFERENCE SHEET
PROJECT NO.
ADDENDUM
COPPELL AGENDA REQUEST FORM
CITY COUNCIL --
ITEM CAPTION:
PUBLIC HEARING:
Consider the revocation of Special Use Permit-Il81, CC's Coffee House, which allowed for the operation of
a 1,920 square-foot coffee shop to be located in Suite 401 of the Coppell Crossing IV Shopping Center, 777 S.
MacAxthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Approval to revoke the Special Use Permit is recommended.
Staff recommends approval.
Nesbit, McGahey,
Kittrell,
DIR. INITIALS: ~~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
(~SllSl.rev
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1181, CC'S COFFEE HOUSE
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
June 21, 2001
July 10, 2001
Suite 401 of the Coppell Crossing IV Shopping Center at 777 S.
MacArthur Boulevard.
Approximately 1,920 square feet.
CURRENT ZONING:
C (Commercial)
REQUEST:
To Rescind C- S.U.P 1181. (Commercial, Special Use Permit)
APPLICANT:
HISTORY:
Chris Heiser
Community Coffee Company, L.L.C.
3535 Sherwood Forest
Baton Rouge, Louisiana 70821
225-291-3900
FAX: 225-297-3968
There has been considerable development history on the property
surrounding this request including site plan approvals as well as
platting activity. A site plan for an 11,570 square foot retail building
and final plat for this property was denied by the City Council on
December 14, 1999. Lack of adherence to the City's landscaping
requirements, size of the building as well .as need for additional
information on proposed signage were the major areas of concern.
On March 2, 2000 the Board of Adjustment considered requests for
variances and special exceptions for this lot as well as Lot 5 of this
development. The only favorable ruling relating to this lot was a
special exception to reduce the number of parking spaces required for
LOt 4. This special exception was granted subject to the size of a
restaurant use being limited to a maximum 4,000 square feet.
Item# 6
On May 9, 2000 the City Council approved a site plan for a 8,498
square foot building and a final plat on this property, subject to one
condition which states: The raceway of the signage shall match the
material on which it is mounted; i.e. bronze on brick, off-white on
EFIS.
On November 14, 2000 City Council approved a request for a SLIP
for a Coffee house on this property.
On May 8, 2001, City Council approved S-1185 for Sergio's
Market/Mangia! Market & Bakery which was to be located at the
western end of this building. On June 12, 2001, City Council denied
the Ordinance for Mangia!, due to a letter received from Mocldngbird
Management Company (dated May 21, 2001), indicating that a lease
had not been signed by Mangia!.
TRANSPORTATION:
MacArthur Blvd. is a P6D, shown as a six-lane divided thoroughfare
on our Thoroughfare Plan. It is currently an improved four-lane
divided roadway contained within a 110-foot R.O.W.
SURROUNDING LAND USE & ZONING:
North- retail; "C" Commercial
South- DART R.O.W., and retail; "A" Agriculture and "C- PD 157",
Commercial
East - shopping center; "R" Retail
West - retail; "C" Commercial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
retail uses.
DISCUSSION:
As discussed in the HISTORY Section, S-1181 for a 1,920
square foot coffee house was established on this property in
November of last year. Additionally, on May 8, 2001, City
Council approved S-1185 for Sergio's Market/Mangia!
Market & Bakery of 1,800 square feet, which was to be
located at the western end of this building. On June 12, 2001,
City Council denied the Ordinance for Mangia!, per a request
by the property owner.
Per the Board of Adjustment action, a maximum of 4,000
square feet of restaurant is permitted within this building.
Also currently under consideration in this docket are requests
Item # 6
to establish SUP's for two restaurants totaling approximately
4,000 square feet in this building.
On May 22, 2001 the applicant, CC's Coffee House
submitted the attached letter stating that they do not intend to
occupy this lease space in Coppell Crossing IV. Per Section
12-30-16.2 of the Zoning Ordinance, in the event that an
application for a building permit is not made within six
months, then the City Council may direct the Planning and
Zoning Commission to call a public hearing for the purposes
of considering the cancellation of the special use permit. In
other words, the removal of this SUP requires the same public
hearing process as its original establishmem. Therefore, this
SUP must be rescinded prior to the consideration of
additional restaurants.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending the revocation of S- 1181 for CC's Coffee House.
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)
Letter from CC's Coffee House dated May 22, 2001
Item It 6
504 ~5 45~0
M~v-~-01TUE 01~ P~ OOM~UNITY COFFEE ¢OM?~NY
F~X NO, 504 295 4510
P. 02
COMMUNITY COFFEE COMPANY, L.L.C.
Pout OIhCe [lox 791
GalOrl itOUO~-. LolJi~rlna 70821
Telephone: (225) 291.3000
May 22, 2001
VIA FACSIMI i,E ONI,Y (972) 304-3673
Ms. Marcie Diamond
City of Coppcll
P.O. Box 478
Coppeil, Tcxas
75019
RE:
MAY 22 2001
CC's Coffee llouse at Coppelt Crossing Shopping Centcr
Coppell, Tcxas
My Filc//4919
Dear Ms. Diamond:
Thc purpose of this letter is to inform you that Community Coffcc Company, L.L.C. has
tcrminated its l,ease with Coppcll Crossing Four, Ltd. for the Demised Premises locatcd
at Coppell Crossing Shoppi~g Center in Coppell, Texas.
Although we will not be opening a CC's Coffee House there, we do appreciate all the
eftbrts that you and thc City of Coppell have madc on our behalf'to help us obtain our
Special Use Pein'dr.
Please call me at (225) 297-3970 if you havc mxy questious or need additional
information.
Sincerely Yours,
Bobbie Gri friths
Conlract Administrator
T H Ir C I T Y · 0 F
C-OPP-P_.H AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # _~_
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1187, Tasty Donuts. zoning change from C (Commercial) to C-SUP
(Commercial, Special Use Permit), to allow the operation of an approximately 1,050 square-foot donut shop
to be located in Suite 409 of the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Nesbit,
Approval is recommended, subject to the following conditions:
1)
The hours of operation being limited to Monday through Friday:
5 a.m. to noon, Saturday: 5 a.m. to 1 p.m., and Sunday: 6 a.m. to 1 p.m.
2)
The development of this property shall be in accordance with the Site Plan,
Elevations, Floor Plan and Sign Plan.
3)
No Certificate of Occupancy shall be issued until the site is constructed
according to the approved Site Plan, including required landscaping.
The raceway of the signage shall match the material on which it is
mounted; i.e. bronze on brick.
Staff recommends approval.
McGahey,
Kittrell,
CITY MANAGER REVIEW:
~S1187
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1187 Tas ,ty Donuts
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
June 21,2001
July 10, 2001
Coppell Crossing IV Shopping Center at 777
Boulevard.
Approximately 1,050 square feet.
S. MacArthur
CURRENT ZONING:
C (Commercial)
REQUEST:
C-S.U.P. (Commercial, Special Use Permit) for a donut shop.
APPLICANT:
HISTORY:
Paul Bang
9524 Valley Ranch Parkway E, #1091
Irving TX 75063-7867
Phone: (972) 869-9000
Fax: (972) 869-0004
There has been considerable development history on the property
surrounding this request including site plan approvals as well as
platting activity. A site plan for an 11,570 retail building and final
plat for this property was denied by thc City Council on December
14, 1999. Lack of adherence to the city's landscaping requirements,
size of the building as well as need for additional information on
proposed signage were the major areas of concern. On March 2,
2000 the Board of Adjustment considered requests for variances and
special exceptions for this (lot 4) as well as Lot 5 of this development.
The only favorable ruling relating to this lot was a special exception
to reduce the number of parking spaces required for this lot. This
special exception was granted by the Board of Adjustment, subject to
the size of restaurant uses being limited to a maximum 4,000 square
feet. This requirement remains in effect.
Item # 7
On May 9, 2000 the City Council approved a detailed site plan for an
8,498 square foot building and a final plat on this property, subject to
the raceway of the signage matching the material on which it is
mounted.
Special Use Permits
S-1181-On November 14, 2000 City Council approved S-1181 for
CC's Coffee house which was to be located at the eastern end
of this building. Since that time, CC's has decided not to
locate in this building. Within a separate agenda item, staff is
concurrently requesting that you revoke the Special Use
Permit.
S-1185-Additionally, on May 8, 2001, City Council approved S-1185
for Sergio's Market/Mangia! Market & Bakery which was to
be located at the western end of this building. On June 12,
2001, City Council denied the Ordinance for Mangia!, due to
a letter received from Mockingbird Management Company
(dated May 21, 2001), indicating that a lease had not been
signed by Mangia!. Two restaurant leases have been signed
for Coppell Crossing IV; one for the subject application,
Tasty Donuts, and another for Pan Acean Noodle Shop &
Grill.
Revocation of the previously approved Special Use Permit, S-1181,
and denial of the ordinance for Mangia! will allow for the subject
1,050 square foot donut shop and the concurrent application for the
2,950 square foot Chinese restaurant, to operate within the 4,000
square foot maximum for restaurants applied to this site by the Board
of Adjustment.
TRANSPORTATION:
MacArthur Blvd. is a P6D, shown as a six-lane divided thoroughfare
on our Thoroughfare Plan. It is currently an improved four-lane
divided roadway contained within a 110-foot R.O.W.
SURROUNDING LAND USE & ZONING:
North- retail; "C" Commercial
South- DART KO.W, and retail; "A" Agriculture and "C-PD157", Commercial
East - shopping center; "R" Retail
West - retail; "C" Commercial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
retail uses.
Item# 7
DISCUSSION:
This request would allow an approximately 1,050 square
foot donut shop, offering a variety of prepared donuts,
sausage rolls, croissants, and coffee. The majority of
service will be take-out, with limited seating available. The
Floor Plan indicates the seating capacity to be
approximately 6 seats. The requested hours of operation
are Monday through Friday: 5 a.m. to noon, Saturday: 5
a.m. to 1 p.m., and closed Sunday.
As noted, approval for this site plan was granted in April of
last year, and construction is nearing completion. Staff
should note that changes were made to the parking lot
during construction that varied from the approved site plan.
The applicant is currently in the process of reconstructing
the parking lot according to the approved site plan. Staff
has included a condition that a Certificate of Occupancy
shall not be issued until the site and landscaping is in full
compliance with the approved site plan.
The signage approved for this building is the same
approved for buildings 1 and 2 of Coppell Crossing that
specifies:
"ivory lettering will be used for all signs and, if
necessary, a tenant may also incorporate a logo of a
different color as part of the allowable signage,
provided that the logo occupies less area than the
ivory lettering".
Per Section 294.303) of the Zoning Ordinance, attached signs
for buildings and leaseholds with multiple facades, are
permitted with a maximum aggregate effective area on any
one f~ade equal to one square foot per one lineal foot of
facade width and a maximum total aggregate effective area of
two square feet per lineal foot of tenant frontage. The
applicant has proposed to place a 15.6 square foot sign on the
north elevation, in compliance with the permitted 16 square
feet. The letters are proposed to be ivory.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1187 Tasty Donuts, subject to the following
conditions:
1. The hours of operation being limited to Monday though Friday: 5 a.m. to
noon, Saturday: 5 a.m. to 1 p.m., and closed Sunday.
2. The development of this property shall be in acx~rdance with the site plan,
elevations, floor plan and sign plans.
Item# 7
3. No Certificate of Occupancy shall be issued until the site is constructed according
to the approved site plan, including required landscaping.
4. The raceway of the signage shall match the material on which it is mounted; i.e.
bronze on brick.
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)
4)
Site Plan for Coppell Crossing IV
Elevations for Coppell Crossing IV
Floor Plan for Tasty Donuts
Proposed Sign - details
Item # 7
I
I
I
I
II
Ii
\$
~q
- y
T H E C I T Y 0 F
C-OPP- I. TE
REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # ~_~
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1188, Pan Acean Noodle Shop & Grill, zoning change from C
(Commercial) to C-SUP (Commercial, Special Use Permit), to allow the operation of an approximately 2,950
square-foot Chinese Restaurant with private club to be located in the Coppell Crossing IV Shopping Center,
777 S. MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meetine: June 21, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Nesbit,
Approval is recommended, subject to the following conditions:
1)
The hours of operation being limited to Sunday through Saturday:
11 a.m. to midnight. The lights immediately adjacent to the retail
facility shall remain on during the hours of operation.
2)
The development of this property shall be in accordance with the Site Plan,
Elevations, Floor Plan and Sign Plan.
3)
No Certificate of Occupancy shall be issued until the site is constructed
according to the approved Site Plan, including required landscaping.
4) The sign return match existing attached signage in the shopping center.
Staff recommends approval.
McGahey,
DIR. INITIALS: ?~/
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER RE
(~Sl188
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1188, Pan Acean Noodle Shot & Grill
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
June 21,2001
July 10, 2001
Coppell Crossing IV Shopping
Boulevard.
Approximately 2,950 square feet.
Center at 777
S. MacArthur
CURRENT ZONING:
REQUEST:
C (Commercial)
C-S.U.P. (Commercial, Special Use Permit) for a Chinese Restaurant.
APPLICANT:
HISTORY:
Terra Builders, LC
2200 Morriss Road, Suite 310
Flower Mound, TX 75028
Phone: (972) 355-1014
Fax: (972) 355-1940
There has been considerable development history on the property
surrounding this request including site plan approvals as well as
platting activity. A site plan for an 11,570 square foot retail building
and final plat for this property was denied by the City Council on
December 14, 1999. Lack of adherence to the city's landscaping
requirements, size of the building as well as need for additional
information on proposed signage were the major areas of concern.
On March 2, 2000 the Board of Adjustment considered requests for
variances and special exceptions for this (lot 4) as well as Lot 5 of this
development. The only favorable ruling relating to this lot was a
special exception to reduce the number of parking spaces required for
this lot. This special exception was granted by the Board of
Adjustment, subject to the size of restaurant uses being limited to a
maximum 4,000 square feet. This requiremem remains in effect.
Item# 8
On May 9, 2000 the City Council approved a detailed site plan for an
8,498 square foot building and a final plat on this property, subject to
the raceway of the signage matching the material on which it is
mounted.
Special Use Permits
S-1181-On November 14, 2000 City Council approved S-1181 for
CC's Coffee house which was to be located at the eastern end
of this building, in approximately the same location as the
current requested Chinese restaurant. Since that time, CC's
has decided not to locate in this building. Within a separate
agenda item, staff is concurrently requesting that you revoke
the Special Use Permit, to allow the Chinese restaurant to
occupy this space.
S-1185-Additionally, on May 8, 2001, City Council approved S-1185
for Sergio's Market/Mangia! Market & Bakery which was to
be located at the western end of this building. On June 12,
2001, City Council denied the Ordinance for Mangia!, due to
a letter received from Mockingbird Management Company
(dated May 21, 2001), indicating that a lease had not been
signed by Mangia!. Two restaurant leases have been signed
for Coppell Crossing W; one for the subject application, Pan
Acean Noodle Shop & Grill, and another for Tasty Donuts.
Revocation of the previously approved Special Use Permit, S-1181,
and denial of the ordinance for Mangia! will allow for the subject
2,950 square foot Chinese restaurant and the concurrent application
for the 1,050 square foot donut shop, to operate within the 4,000
square foot maximum for restaurants applied to this site by the Board
of Adjustment.
TRANSPORTATION:
MacArthur Blvd. is a P6D, shown as a six-lane divided thoroughfare
on our Thoroughfare Plan. It is currently an improved four-lane
divided roadway contained within a 110-foot R.O.W.
SURROUNDING LAND USE & ZONING:
North- retail; "C" Commercial
South- DART R.O.W., and retail; "A" Agriculture and "C-PD 15T', Commercial
East - shopping center; "R" Retail
West- retail; "C" Commercial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
retail uses.
Item# 8
DISCUSSION:
This request would allow the operation of an
approximately 2,950 square foot Chinese restaurant with
private club. The floor plan indicates the restaurant will
contain a small bar and a mix of tables & booths, with a
seating capacity of 114. The requested hours of operation
are Sunday through Saturday: 11 a.m. to midnight.
As noted, approval for this site plan was granted in April of
last year, and construction is nearing completion. Staff
should note that changes were made to the parking lot
during construction that varied from the approved site plan.
The applicant is currently in the process of reconstructing
the parking lot according to the approved site plan. Staff
has included a condition that a Certificate of Occupancy
shall not be issued until the site and landscaping is in full
compliance with the approved site plan.
The signage approved for this building is the same
approved for buildings 1 and 2 of Coppell Crossing that
specifies:
"ivory lettering will be used for all signs and, if
necessary, a tenant may also incorporate a logo of a
different color as part of the allowable signage,
provided that the logo occupies less area than the
ivory lettering".
Per Section 29-4.3(B) of the Zoning Ordinance, attached signs
for buildings and leaseholds with multiple facades are
pennitted with a maximum aggregate effective area on any
one faqade equal to one square foot per one lineal foot of
fagade width and a maximum total aggregate effective area of
two square feet per lineal foot of tenant frontage. The
applicant has proposed to place two, 45 square feet signs on
the building; one sign will be located on the south elevation
and the other will be located on the east elevation. Both signs
are in compliance with the allowable area for attached signs.
The signs will consist of ivory individually mounted letters.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1188 for Pan Acean Noodle Shop & Grill,
subject to the following conditions:
1. The hours of operation being limited to Sunday through Saturday: 11
a.m. to midnight.
2. The development of this property shall be in accordance with the site
plan, elevations, floor plan and sign plans.
Item# 8
No Certificate of Occupancy shall be issued until the site is
constructed according to the approved site plan, including required
landscaping.
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)
4)
Site Plan for Coppell Crossing IV
Elevations for Coppell Crossing IV
Floor Plan for Pan Acean Noodle Shop & Grill
Proposed Sign - detail
Item # 8
h~
'VA H?I'i O 8 ~tI'I H~ ~ VD
J~jJl ~!JJJ
L
Pan Acean
Noodle Shop
& Grill
W
T H E C I T Y O F
C'OPPEL£
AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # 1,~
ITEM CAPTION:
Reconsider approval of the U-Haul International, Site Plan, to allow the construction of a three-story mini-
storage facility on approximately 2.02 acres of property located along the south side of S.H. 121, east of
Denton Tap Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision of P&Z Commission: Denied (7-0) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey,
Clark, Halsey and Stewart voting in favor of denial. None opposed.
Denial is recommended.
Staff recommends denial.
DIR. INITIALS: ,~'lJ~j)f,~
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER REVIEW:
~UhaulSP
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Note: This site plan is different, but the use is identical to a request unanimously denied by Planning
Commission in September, 2000. Staff would typically not present the case again, however legal
counsel recommended that we reprocess it due to formal application and filing fees being
resubmitted. Hence, the following staff report, with additions from the original study shown in
italics, is offered for consideration. Since the December 12 Council meeting (at which time the
Council continued the case to JanuarF, then referred the case back to the Planning Commission),
additional alterations to the request have been made and staff's most rerxa~t response is shown in
bold in the below written report. On May 8, 2001, the Council remanded this case back to Planning
Commission since a number of changes had been made to the plan between Planning Commission
denial and City Council deliberation. The most recent staff analysis for the June 2001 hearing is
shown underlined and italicized
CASE: U-HAUL INTERNATIONAL, SITE PLAN
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
September 21, 2000 (November 16, 2000) (March 15, 2001) June
21, 2001
October 10, 2000 (December 12, 2000) (April 10, 2001) July 10,
2001
Along the south side of S.H. 121, approximately 350 feet east of
Denton Tap Road.
Approximately 2.02 acres of property.
CURRENT ZONING:
HC - Highway Commercial
REQUEST:
Site Plan approvalS'for a three-story, 72,000 square foot warehouse
facility. The footprint qf the building has increased from 24, 810 to
27,360 square feet, a 2,550 square_foot expansion. The warehouse,
showroom, dispatch building interior has increased by 150 square
feet.
Item # 9
APPLICANT:
U-Haul International, prospective purchaser
2727 N. Central Avenue
Phoenix, AZ. 85004
(602) 263-6502
Fax: (602) 277-1026
HISTORY:
There has not been development activity on this parcel although the
Council approved a Jack-in-the-Box Restaurant on property to the
west of this parcel in May of this year.(2000) The Jack m the Box is
currently under construction (now eompicte). A site plan request for
warehouse use was originally heard by the Planning Commission on
September 21, 2000, where it received unanimous denial. It was not
appealed to Council. Not only did the zoning not accommodate the
use, but there were several other developmental issues the applicant
failed to adequately address. Several of those issues are outlined in
the accompanying staff report. Between September and the
application date for November cases, the Council changed the zoning
from LI to HC, a zoning classification that does not support
warehouse use. A revised application was submitted to Planning
Commission in November, and the Planning Commission denied
the request by unanimous vote on November 16. The case was
appealed to Council, and would have normally been heard on
December 12. On the 12i however, there was a snow/lee storm in
Coppell, and the Council continued this request until the January
hearing date. On January 9~ the Council considered a case that
had numerous changes from the Commission submittal including
different landscaping, altered parking, changed screening,
modified elevations, and other revisions. Beyond the fact that the
Council was reviewing a different plan, additional concern was
expressed over the parking of large vehicles in front of the
building, lighting, and the clear glass for first, second and third
story windows. The City Council referred the case back to the
Planning Commission. The applicant has now submitted a
further revised application, and staff review of that request
foflows in bold print. Between a Plannin£ Commission denial of the
March 15, 2001 redes, ign, and the Cio/Councd hearing in May, the
applicant modified again plans for this site by submitting new
informatior~ The most recent submittal enlarges the building, shows
a 25_foot wide drive-through area, proposes some clear and some
smoked £lazin£. modifies the parking plan, alters the number and
size of storage areas, recalculates the landscaping requirement,
changes the masons_ percentages, and generall¥ presents vet another
variant on a plan consistentl¥ denied by Commission.
Item # 9
TRANSPORTATION:
State Highway 121 will eventually be built here as a six-lane divided
freeway. The subject tract is adjacent to the eastbound one way
service road of this highway and consists of three lanes of pavement
SURROUNDING LAND USE & ZONING:
North- State highway 121; City of Lewisville zoning
South - Denton Creek Middle School; SF-7
East - Denton Creek Middle School; SF-7
West - vacant site for Jack-in-the-Box restaurant; HC zoning
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional
retail uses of which this proposal is questionable at best.
DISCUSSION:
This is a request for a use not allowed in the base-zoning category of HC,
Highway Commercial. In addition, there are several concerns with the plan
that merit mentioning in an overall analysis of the proposal. To understand
this entire issue, several action dates need to be kept in mind:
May 18--CPC called hearing to consider HC zoning
(cont. two months due to advertising error)
Jun. 2---letter from landowner opposed to ItC
zoning
Jun. 7 contract to purchase property signed
Jul. 20--unanimous CPC approval of HC zoning
Aug. 8--Council continues HC to Sept. 12
Sept. 12--Council approves HC zoning
Sept. 21--Planning Commission denies first request
Oct. I O--HC ordinance adopted
Oct. 18--new site plan application submitted
Nov. 16--CPC hearing and denial of second request
Dec. 12 City Council hearing (continued to Jan.
because of weather)
Jan. 9 Council refers case back to Planning
Commission (see attached letter dated Jan.
10, 2001)
Mar. l~Planning Commission re-hearing and
recommendation _for denial on third
consideration
April I O--Tabled at applicant's request
Ma}, 8, Council remands plan back to Commission for
a June 21, 2001 reconsideration
Subsequent to Planning Commission denying this application on September
21, there was no appeal to Council and the applicant resubmitted a revised
plan on October 18, 2000. These dates are important in that the applicant is
claiming he submitted an application seeking site plan approval prior to the
zoning change disallowing his proposed use Although we strongly disagree
Item # 9
with that line of thought, we have processed this revised applicatior~ Initial
review of this plan outlined at least 18 specific concerns of staff(see attached
U-Haul letter dated October 31, 20009. See attachment.
In addition to the time frame analysis, there are several concerns with the
plan that merit mention in an overall analysis of the proposal. For example,
details of the request show a three-story warehouse to be run by the U-Haul
organization. The facility is shown to have several overhead storage access
doors on the first level that continue around the building. Many of these
doors have been eliminated in the most recent submittal. (the Oct. 18~' plan).
In addition, there are other, large access doors that create a rather unusual and
somewhat awkward scale to the building. Between Oct. 18 and Dec. 12,
the applicant made a host of changes including the moving of doors,
reconfiguring parking spaces, changing plant material, among others.
The plan submitted for the March 15 hearing basically reflects the
alterations between the Planning Commission plan of Nov. 16, and the
City Council plan of Dee. 12. The building is also shown to have a series of
different color schemes ranging from orange parapet stripe, to tan Dryvit (an
imitation of stucco) elevation, to forest green metal panels, to tan brick
facade, to light tan brick horizontal stripes, to vast areas of glazing, to an
undefined reddish colored series of overhead metal doors encompassing the
building. This jumble of building colors, materials, and finishes results in a
building that is very awkward looking. There are also several over-sized
parking spaces at the front of the building which are obviously placed there
for outside storage/advertising, which is not allowed. During our
development review of the most recent submittal,(Oet. 18) the applicant
agreed advertising was not allowea~ but insisted that U zoning permitted
display of U-Haul identified trucks. (Again, please see correspondence of
October 31, 2000 attached). There is no district in the Coppell Zoning
Ordinance that allows this type of vehicular signage. None has been added
subsequent to the Oct. 18 submittal. Landscaping calculations are not in
the proper form. Calculations are now in proper form. There are no
dimensions on the sidewalk. Sidewalk dimensions are now included.
Appropriate landscape screening of parking spaces is not reflected on the site
plan. This has now been partially addressed. The June 2001 plan now
shows required screening of these parking s?aces. Although there are three
examples of monument signage, it is unclear which one is prefcrrecL In
addition, the sign should be the same masonry material as shown for thc
majority of the building. A fifteen-foot monument sign setback needs to be
specified on the site plan. The signage issues have now been resolved Plant
material does not indicate size/caliper of landscaping. The October 18
submittal indicates our minimum 3" caliper tree standard. The June 200]
submittal shows 4' caliper trees .replacing the 3" ones. Fire lane radii do not
meet minimum guidelines. Fire lanes conform on the new plar~
Item//9
As stated above, upon review of the re-submittal, planning staff expressed I8
concerns, including improper zoning. In responding to those concerns (the
U-Haul letter of October 30, many of the comments do not satisfactorily
address the issue, and 6 of the 18 are still not resolved
The use proposed here is troubling in that it does not reflect a use recognized
by the Comprehensive Plan. As indicated by the Plan, regional retail uses are
those with good access to highways such as restaurants and retail centers. A
warehouse is not defined as a regional retail use, so from the Plan's vision for
the future, it is not recommended for this site. Our re-analysis draws the
same conclusiort Even if LI standards were applied to the most recent
submittal, there are several development violations including landscaping
area deficiencies of at least 1100 square feet; all parking areas do not
included landscape islands at their ends with trees in the landscape areas;
lighting proposed for the building is in violation of our zoning glare
standards; the color board submitted still does not detail glass to be used and
color of the overheard service doors; service doors on the front of the
buiMing must be screened from public streets; all portions of the building
within 150feet of a residential zone can not exceed 35 feet in height. Some
of these issues have been addressed by the June 2001 re-submittal.
The applicant has provided you with additional information (first
presented to Council at its Dec. 15 meeting) for the March 15 hearing in
the form of a narrative and pictorial booklet attached to the exhibits.
Phrases used in the booklet to describe the relationship between U-Haul
and (apparently) some communities such as: "...mutually beneficial
relationships;...aesthetically pleasing (buildings);...works closely with
governmental agencies;...ensures that aH local objectives and
specifications are met;...ensures local planning objectives are adhered
to"; does not accurately reflect the relationship we have experienced with
this applicant. That same booklet has been submitted for the June 2001
hearing.
The plan submitted for the March hearing addresses several of the
technical concerns outlined above, but is still inappropriate for this
property. It still violates the comprehensive plan; the base zoning is HC,
not LI as stated on the site plan (it is interesting to note they have added
on the most recent exhibit: "This site has been developed under the "LI"
zoning in place at the time of submittal"), and HC does not allow this use.
Several concerns expressed by Council have not been addressed
including the oversized parking spaces in front of the building (Council
requested those spaces be removed from the front of the building), and
Council's suggestion of a frosted glass or glass brick treatment to the
window areas. In addition, comments made during the review process
disagreeing with our signage requirements, inadequate width of at least
one landscape island, an increase in light standard height from 25 feet to
30 feet, three redesigned and oversized parking spaces on the east side of
Item # 9
the building (now shown as 30 feet by 12 feet) are ali changes made since
the last submittal (in addition to the changes between Commission and
Council in January) that makes this request very difficult to evaluate,
lends a "moving target" perspective to the project and gives staff pause
as to what the final project is to look like. We have also requested a
revised color board and a larger sample of the "Sierra sunset" rootline
border color which have not yet been received. A revised color board
reflecting the dune submittal has been received, and will be circulated at the
public meeting.
With regard to our latest 21 point review (attached), (This comment
referred to the March 15 submittal, and is attachedfor review purposes only)
the applicant has explained item//3, increased the height of item g4, noted
the building will not be externally lighted in item//5, complied with item
//7,//8, #9, #17, #18, #20, and #21.
Although some staff concerns have been addressed others have not and this
latest proposal shows a number of additional changes. For example,
although Council expressed misgivings regarding the over-sized parking
spaces in front of the building, and window treatments of this proposal, the
applicant has generally ignored those concerns. There are still three over-
sized parking spaces in front, and not all window areas are frosted opaque,
or glass block as suggested Although the applicant now claims his most
recent submittal is only 150 square feet larger than the earlier proposal, that
figure is ve~ deceiving. When 3, 750 square feet is added to the footprint ora
building, it simply becomes bigger regardless of the way the interior spaces,
are partitioned In fact, in this case the building bulk has grown by more
than 10%! In addition, the applicant has misinterpreted our parkin~
requirements, and his calculations are one space short of required parking
for this use where legall¥ allowed A circulation drive on the west side has
been eliminated, elevations have again changed, rnason~ percentages are
altered, landscape calculations are different and parking spaces have been
reduced even though the building has gained square footage.
Additionally, questions regarding the non-conformity of the building if it
were built, all point to the fact that this proposal does not reflect sound
planning and development.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends denial of this request for a variety of reasons-several stated above-
and the fact that HC zoning does not allow general warehousing activities of any
type. Our assessment of this use not being proper at this location, not conforming to
base zoning, not complying with specific elements of the zoning ordinance, and
certainly not supportive of the Comprehensive Plan compels us to recommend denial
of this re-application.
Item # 9
Based upon the comments above, our re-analysis of the revised plan, and our
view that the applicant has not addressed concerns expressed in the public
hearings, we again recommend denial of this proposal.
From the initial submittal some time ago, and with each subsequent review this
applicant has consistent!¥ ignored staff comments regarding this proposal. For
example, the zoning on this property is HC, yet the applicant ignores that fact by
placing a note on the submittal stating: "This site has been developed under the LI
zoning in place at the time of submittal ". It has been our position _from the ver?first
submittal that the zoning was changed to HC in September of 2000, with adoption of
the ordinance on October 10. The manv iterations of this application were first
submitted to staff on October 18. Warehouse use is not allowed in HC zoning. The
Comprehensive Master Plan has shown this property to be utilized for regional retail
uses for over four years. Warehouse use is not regional retail. Other concerns relate
to the "moving target" this application has taken over the last several months, as
each submittal is different?om the one preceding it, some substantially so. Room
mix continues to change, landscaping and parking is continuall¥ modified. Although
Council suggested the oversized parking spaces in _front of the building should be
relocated on the site, the most recent plan ignores that thought. Elevations are
different with each set of review documents submitted to stall[. In addition, an
erroneous reading of the zoning ordinance results in the plan being de~ficient in
required parking. Also, as pointed out bY Commission at the March 15, 2001
hearing, the perspective drawings are misleading showing_fully mature trees that will
take Fears to reach the size indicated. The brick screening fence dividing this
proper_ty ?om the school also misrepresents what is to be eventually constructed on
site. That same drawing shows all windows to be smoked glass with no interior
visibility, vet the elevations show clear glass in some of these same windows.
Although we had asked the applicant to speci~ window glass treatment in all
windows at the DRC meeting, the elevations still do not address that request.
Credibdity has not been a strong point in our dealings with this applicatior~
In sulnmary, then, this proposal is not allowed by existing zoning, does not comply
with the Comprehensive Plan, has been proposed in violation of the zoning
ordinance, the exhibits o~ered miss-represent what would actually be constructed on
site, we have to guess at the overall appearance of this pro/ect, and the building is
now substantially larger than the original application denied b¥ Planning
Commission no less than three times.
In essence this is the same request--only larger--heard bY Commission and
consistently denied. A denial is warranted agail~
ALTERNATIVES:
1) Recommend approval of the request
Item # 9
3)
4)
Recommend disapproval of the request
Recommend modification of the request
Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1)
4)
5)
73
Packet of revised Information including:
Site/landscape plan, elevations, signage, survey information, brochure
including a staff requestedfloor plan of the facility
U Haul correspondence of October 31, 2000 responding to (October) most recent
staff review
Copy of June 2, 2000 letter opposing HC zoning
Copy of June 7, 2000 contract of sale
Letter of January 10, 2001
Copy of March 1 development review comments
CopF of June 2001 development review comments
Item # 9
1i/02/00 TRU 08:$8 FA~ 214 745 $$$4
W$&M DALLAS FLOOR $4
~002
U4-1AUI
CONSTRUCTION DEPARTMENT
U-HAUL INTERNATIONAL ,~ ~r/Z7 N. CENTI=.AL AVE- ' I:q. R3~NIX, AZ
PHONE: (602) 2~3-6502 · FAX: (6(3~) 277-1026 · EMAIL J~f_~/a.
October 31. 2000
Gary Sieb
Planning Department
City of Coppell
255 Parkway Boulevard
Coppell. Texas 75019
Dear Sir:
i am v,~itJng in response to the DRC comments dated Octc~er 27. 2000 regarding the site plan
submittal for U-Haul lntematfonal. I have addressed eacll comment incl'widually.
t. Th~s use is not allowed in the base zoning.
the time et' ti~e submittal of this project, the properly carded the "LI" zoning designation. Our use is
ccmpatible with. and allowed in. the "LI" Zoning district.
2. The proposed use is not recommended by the comprehensive plan...
See
3. A/I paryJ/~ spaces are not d'~-nensionecl.
It is customary to dimension only one space in a line c! par'kin(j; it is assumed that the remaining
sl:~ces are identical in size to that space. In order to fur~J'~er clarify the situation we have added trte
notation "TYP' to each of the dimensions. If this is not sufficient, please specify I~w ycu would like the
spaces to Ce dimensioned and vv~ will comply.
4. 80% masonry recluirement does not include Dryvit: we recommend against tltis material on ~e
20% portion o/the buedings.
Tl~e sxtedor insulation and finish system makes up no mo~e than 3% el the front facade of the builditlg
and consideral3ly b_<-s wflen ~ calculated across al tl~e elevalioc, s. We have previously used this as
I~;ma~/I~nish material on 13uildings ;n the Dallas area ~ have no reason to t)eieve that the sinai
amount on this buiUing will constitute a pro~iem.
5. Le/~dscape calculations sh, ouid be placed on the site plan a/'~d ~d'/cate: ~nter~or lar~dsc, ai~
requi'ement; perimeter I.s. requ~'emenC non-vehicular open space requi'ement; all as out~,ed
in tl~e mn~g orcl'~nance.
We have made every effort to calculate a~d present the landscape requirements in complete detail
We ~ve lis~ed each of the above requirements in a sepacata calculation, with the zoning section, and
have even i~'ov,:led diagrams to explain each area. We are at a loss to explain how you could make
the claim ti'mt this inlorrnation is not on t~ site plan. If yoJ have specific objec0ons as to the
the calcu~atK3ns, please state them and we will be haM:p/ to respond.
1~/02/00 TRU 08:$8 F.~T, ~].4 745 5864 R'$&.~ D.~,[,[,,~S FLOOR 54 ~005
6. Landscaping area and plant material list si'~wn do not meet mk~imum requirements.
In your letter dated Septeml:>er 22, 20(:I0 to U-Haul International your only comment with regard to the
landscape was item No. 6 - that the 'Plant materfals do not spedfy size and caliper.' The drawings
submitted to you c/early state the size and caliper. The information is identical in all other respects.
Please let us know specifical~ what requirements have been added since the September 22, letter and
we will provide you with this information.
7. All landscape areas not dYnensionecl.
Each landscape area includes a dimension of its depth. We would be happy to include any add'~onal
dimensions you wish to specify. In the absence of this information I have relied upon this standard
architectural practice.
8. Parking must be screened from ne~ghboriflg property lines.
The parking areas are screened from the adjoining property lines with a new 6' masonry sa'eenwaJ.
Tibia fact is c. Jesdy noted and a detail has been provided per your previous requesL At the September
7~' ORC meeting we stated that i~ was our understanding that the drive to the west side o! the property
need not be screened from an adjacent 'Lr' zoned property. At that time we also offered to provide
such screening if we were in error. At no time dudng that meeting or after have you s~id that such
screening is ne~ry. If this is the intent of your comment, p~ease show us ,,d~ere it is required by the
cede and we will provide ~t.
9. Parkir'.g spaces in front seem excessive; no truck parldr'.g wfth advertising aJlowed on site;
stonr, g or display ot rental tra~ers or vehicles not allowed in, parki~j spaces, or on site
As we informed you at the September 7~ DRC meeting, the space~ at the front of ~ site are sized to
alk>w us to par~ our rental trucks in those spaces. At that meeting you informed us that we would not
be a[lo~ed [o place adclitional aclverfising signs on or arour, d the vehicles, and we will not. NO renlaJ
equipment will ~ placed in a customer space. Your statement that the trucks and trailers for rent are
no~ a,lowed on th, e s~te is simply in error. The 'LI" zoning, which enccmpasses the 'C' zoning,
specifically allows for 'Automobile and truck renla/" and ~railer rental." The wording is r. fiear and
scecific.
10. ~.~creet~g ',vail not allowed in '.h.e front yarcl.
Section 34-1-8 (C) Perfmeter Landscaoina states that pa~ng and vehicular use areas shaJl be
screened from public rights-of-way ~ a 'wall, fence, hedge, berm. o~ other cluraDle landscape I~arder.'
We are not aware of any section of the cod~ negating this provision. If such a negation exists, please
tell us ',~at section, and we wll provide another form of screening.
I ~. Inter,or [~Jl~ted and plastic t;ubble s~inage not allowed.
Our sign detail c!early calls Otfl the ~rters as 'pan.channel." Yoc informed me that this was an
accep~b~e signage at the September 7~' 0RC meeting. I do not know what"plastic bul~le signage' is,
but I am confideni Ihal a metal chant, el leL1er does not fall into this category.
12. Complete color tx~ard requked.. .
Due to the three-day turnaround requited by your schedule., and ~ spec?ci~,o,f the materials requited
in your ~st. we wsl provide this expanded materials bo~r~! for ~e November ~b Planning Depefl~ent
submission.
1]~/02/00 THU 08:$9 FA.'C 2.1.4 ?45 $854 WS&M DALLAS FLOOR 54 ~004
13. Larger sample o! "Sier~ Sunset"accent coior needed; wiolW of this ~ at toP of l~ling not
dimensioned.
We wig provide thi~ sample with the expanded color I:)oe~l. We am not awe~e of any ~evio~ requ(~t
or requirement to dirne."~on tt~ Individual d~tail~ of the building; however, tho area iil qu(~lofl i~ 12"
l~gh.
14. Over-~# footpr~t dimensions are not shown on tho p~u~.
The overall dimension of the building is 175' by 150' and is, in fact, clearly shown on the plan.
15. North propen*y line not clearly la. Deled.
The north property line is c, iearly labeled as 'curve I' and includes the radius, am length, delta, chord
length and chord bearing. If there is further information that ca~ be provided for a curve, please specify
your requirements and we will provide it.
16. Lighting proposed appears excessive.
The lighting shown is designed to standard used throughout the U-Haul system. Our previous
submittal included an identical lighting plan and no comments were provided at I~hat time. Your wom'ing
indicates that this may be a suggestion rather than a requirement. If you have any specific suggesti~
we wouU be haplu'y to cons~d, er them.
17. CH does not have an 'IL" zonir, g class#;cation.
This was an error on our part. We have revised the (~awings to read 'Li" rather than 'IL." We regret
any confusion this may have caused.
18. Deceleration lane cot shown on pla[l.
This cleceleratlon lane did not exist at [he time our plan was drafted. We will endeavor to provide this
information on the plarts for the November 16~ Planning & Zoning meeting.
If you have any questions, p~ase do not hesitate to c811 me.
Sir s s .
Jeffrey A. Evans
City Council
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Gentlemen:
DENTON TAP DEVELOPMENT, L.L.C.
3721 Shenandoah St.
Dallas, TX 75205
(214) 520-3611
June 2, 2000
Via:
J UN - 5 ~.000
Facsimile, Hand~
and Certified M~
si
The undersigned is the owner of a 7.223-acre tract of land
southeast comer of Denton Tap Drive and State Highway 121 Bypass in CoppelL This
property was acquired from Centex Development Company, who retained and continues
to own the 1.606-acre tract constituting the hard comer of what was originally a 8.829-
acre tract in total.
It has come to our attention that the City is considering a zoning change of this
property fi.om its current classifications of"Light Industrial" and "Commercial" to
"Highway Commercial". It is also our understanding that the Planning and Zoning
Commission has heard and approved the proposal. All of this has happened without any
notice to us, formal or informal. We understand that this is tree with respect to Centex as
well.
We must and do object to this proposed action in the strongest possible terms.
Due process requires that we not only have notice but an opportunity, to be heard on this
matter, with a reasonable time to prepare for hearings at each level of the re-zoning
process.
It is our intention to be a responsible developer in your community, and we would
hope that the City would, at a minimun~ see that we are treated fairly.
CC:
Gary Sieb, Director of Planning
Robert Hager, City Attorney
Sincerely,
· ~;:~; ;~C~;GSIN;~H & IELEHTY ]IT~tTT~Z~ T-OZI P ~I]/01~ F-TOO
Address: --_ .-~ ' Add:es'.: 39'21 ~;=~d. Cen~'d Arc.
_. D W=r',h 7X 7~:02 .....
the ~rm '"t __~
T H [ C I T Y 0 F
COFFELL
Sanu~y I0, 2001
U-Haul International
2727 N. Central Avenue
Phoenix, AZ 85004
RE: U-Haul lnternational~ Site Plan,
Dear Madam/Sir:
This letter is to inform you that on Tuesday, January 9, 2001, the Coppell City Council remanded the U_.:
Haul International. Site Plan, to allow the construction of a three-story mini-storage facility on
approximately 2.02 acres of property located along the south side of S.H. 121, approximately 350 feet east
of Denton Tap Road, to the Coppell Planning Commission for reconsideration. The next Commission
meeting is scheduled for February 15t~ with a presubmission deadline of 12 noon, Friday, January. 12~,
since we will be closed Monday, January 15~, in observance of Martin Luther King, Jr., Day.
There were several comments made by Council regarding your application, including:
· the use of opaque glass}glass block in window openings;
· lighting of the proposed building and its effect on surrounding neighborhoods;
· landscaping calculations track with Ordinance requirements (see attached example);
· moving oversized truck parking spaces to the side/rear of the building, and
· clarifying the hours of operation to be from 7 a.m. to 7 p.m. seven days a week.
We presume you will address these issues, at a minimum, with your resubmission. If you cannot prepare
new exhibits by Friday, I have attached a copy of our revised submittal schedule. In order to provide the
Commission and Council accurate information, please include full color renderings with your submission.
No additional filing fees will be required.
If you have any questions, please contact us at (972) 304-3675 at your convenience.
Sincerely,
D recto~of Planning and Community Services
A tachments (2)
C Building Inspection
file
City of Copper
Development Review Committee Comments
planning Department
U-haul International
Site Plan AnDroval
Southside of S.H. 121, east of N. Denton Tap Road
DRC Date: February 22, 2001, March 1, 2001
Planning & Zoning Commission Meeting: March 15, 2001
City Council Meeting: April 10, 2001
1. This use is not allowed in base zoning.
2. The proposed use is not recommended by the Comprehensive Plan; in
addition:
3. Your Site Demographics block indicates the zoning of this property as LI.
The correct zoning is HC. You need to change the development standards in
that block.
4. Specify height of light standards "A" and "B".-(increased height of light
standards from 25 feet to 30 feet)
5. Explain lighting ofbuilding.(building will not be externally lighted)
6. 80% masonry requirement does not include Dryvit or EFIS; we recommend
against these materials on the 20% non-masonry portion of buildings.
· ...... ; ..... !~,+~ ~n,~ T ....... ~ n naa~ (condition met)
8. Ve · - ...... r--,~, ................... t,
~:-; ...... '- : ...... ~- ; ...... * (condition met)
9 ^ TM '"-~ ............. ~; ....:~-~'~ (condition met)
10. All parking must be screened from neighboring property lines.
I 1. Parking spaces in front seem excessive; no truck parking with advertising
allowed on site; storing or display of rental trailers or vehicles not allowed in
parking spaces, or on site; no portable sign&ge allowed.
11. Interior lighted and plastic bubble signage not allowed.
12. Complete color board required; application was missing sample of glass.
13. Larger sample of "Sierra Sunset' accent color needed based upon elevation
note.
14. Lighting proposed appears excessive(increased height of light standards
from 25 feet to 30 feet)
15.Explain oversized parking spaces in front of building.
16.Explain window glazing treatment on building.
....... ( ~on t)
17. w~,..;c., ~, ....... ~' ~-,,:,-,;-~ ' '
..... ~ on ....... ~, ..........t,. condit me
18. c, ..... . .;^-' ~ ........ t...,:,~. ~-~ a,-:a~er(condition met).
19. State maximum height of building on all exhibits.
20 Veri.% ..... ~' .... ~, ....:~- ~".-~-'-: ........ ~ :i:e (condition met)
- pl "~' ....... '~'~ ...... '~" ~ ..... :~' ~:~- ' .... : ..... .~ (condition
met)
Page 1
City of Coppell
Development Review Committee Comments
Planning Department
U-haul International
Site Plan Approval
Southside of S.H. 121, east of N. Denton Tap Road
DRC Date: May 31, 2001 and June 7, 2001
Planning & Zoning Comminsion Meeting: June 21, 2001
City Council Meeting: July 10, 2001
1. The use is not allowed in base zoning.
2. The proposed use is not recommended by the Comprehensive Plan; in addition:
3. Your Site Demographics block indicates the zoning of this property as LI. The
correct zoning is HC. You need to change the development standards in that block.
(CONDITION MET)
7 r~; .... :~_ ~, ~:.~ ^~.u_:~.u ..... :'~-~- (CONDITION MET)
8. Parking requirements are calculated on a gross square footage basis.
MET)
10. Specify glass type for each window area.
11. Explain window-glazing treatment on building.
12. Verify building footprint has grown from 24,810 to 27,360 square feet.
13.80% masonry requirement does not include Dryvit or EFIS; we recommend against
these materials on the 20% non-masonry portion of buildings.
14. Parking spaces in front seem excessive; no track parking with advertising allowed on
site; storing or display of rental trailers or vehicles not allowed in parking spaces, or
on site; no portable signage allowed.
15. Co gtc, ........... .~ .... , ....... t, ~, ...... v ....
16. Explain oversized parking spaces in front of building.
17. State maximum height of building on all exhibits.
18. Insure site plan, elevations, and renderings all match.
Note:
A.
Please revise plats, site plans, landscape plans, and building elevations based on
staff recommendations. Should applicant disagree with staff comments please
provide reasons why staff recommendations should not be followed when you
attend the June 7th Development Review Committee (DRC) meeting.
Each applicant will bring two new sets of revised plats and plans to the June 7th
DRC meeting. Applicants will be asked to show, explain and defend any revision.
An Engineer for the project or other representative is urged to attend the meeting.
Applicant will have till noon Tuesday, June 12a to resubmit fourteen (14)
folded copies of revised plans, three (3) reduced paper copies (8 1/2 X 11) and
JPEG flies of each exhibit to the Planning Department.
Page 1 of 1
T H E C I T Y · O F
C-Ol)i2- i i , AGENDA REQUEST FORM
· ~- 4~r"~i~. '~; ~~~~CITY COUNCIL MEETING: July 10, 2001 ITEM #
ITEM CAPTION:
Consider approval of the St. Joseph Village, Lots 1-4, Block A, Preliminaw Plat, to allow the development of a
Retirement Community and municipal facilities on approximately 51.17 acres of property located along the south
side of Sandy Lake Road, 1200' east of MacArthur Boulevard
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Nesbit,
McGahey,
Kittrell,
Approval is recommended, 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) TXU easements, as needed, are to be provided on the Final Plat. (NOTED ON PLAT)
3)
Submission and approval of the separate instruments for the abandonment
of the existing drainage easements. (NOTED ON PLAT)
4) Setback Frae needs to be provided along Sandy Lake Road, (CONDITION MET)
(CONDITION MET)
6) Revisions to the fire lane radii to meet minimum standards is required. (NOTED ON PLAT)
7) Verify that the minimum finished floor elevations stated on the plat are inx'"
accordance with the City's Flood Plain Ordinance. ~xx~
CONDITIONS CONTINUED ON THE FOLLOWING PAGE.
DIR. INITIALS: qt~'5' FIN. REVIEW.~ CITY MANAGER RE
Agenda Request Form - Revised 5/00 ~STJOEpp
ST. JOSEPH VILLAGE, LOTS 1-4, BLOCK A, PRELIMINARY PLAT
CONDITIONS (CONTINUED)
8)
Provision of needed easements to the City of Irving for the water line.
(NOTED ON PLAT)
9)
If revisions are not minor in nature, the submission of an amended Site
Plan for Phase 2 may be required due to the additional width of the
waterline easement.
10) Revise the R.O.W. for Sandy Lake Road to rettect the dedication
documents. (NOTED ON PLAT)
Once the R.O.W. for Sandy Lake Road is verified, then verify the
accuracy of the location of the trees along Sandy Lake Road as indicated
on the approved Landscape Plan.
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
ST. JOSEPH VILLAGE
PRELIMINARY PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
CURRENT ZONING:
REQUEST:
APPLICANT:
HISTORY:
June 21,2001
July 10, 2001
Along the south side of Sandy Lake Road, 1,200 feet east of MacArthur
Boulevard.
Approximately 50.18 lacres of property
PD-114R (Planned Development-Il4) Residential/Rest Home/Nursing
Home
Preliminary Plat approval
St. Joseph Village, Inc.
c/o Monsignor Killian Broderick
180 Samuel Blvd.
Coppell, Texas, 75019
(972) 241-1272 (Joe Dingman)
Fax (972) 241-1214
Architect: Aguirre Corp.
Michael Millican
12700 Park Central, 15t~ Floor
Dallas, Texas
(972) 789-2645
Fax (972) 788-1583
On March 27, 2001 City Council approved a Planned Development
District for residential/rest home and nursing home on this property.
This property was rezoned from MF-1 to PD 114, SF-7 in 1992 for 139
single-family residences. That development did not occur, and today the
property remains vacant.
TRANSPORTATION:
Sandy Lake Road is proposed to be a C4D/6 4 lane divided roadway,
contained within a 110 foot right-of-way. Star Leaf is proposed to be 33
feet wide through this area within a 55 foot fight of way.
Item # 10
SURROUNDING LAND USE & ZONING:
North- scattered single family housing and vacant land; SF-12
South -MacArthur Park and vacant; LI, O and SF-7
East - TXU easements and single-family residences; A and SF-7
West -church, school, townhouses, multi-family and shopping center; SF-
7, PD-97R, MF-2, PD-182 TH
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for residential
medium density (4-12 units per acre) single family uses.
DISCUSSION:
In March of this year, City Council approved the zoning for a
retirement facility on this property. Platting this property is the next
step towards development. While most of the site issues were addressed
during the zoning process, several issues still need to be resolved
through the platting process.
The purpose of this plat is to define the area for the development of this
facility, and to provide for needed rights-of-way, easements, parkland
and land for public facilities. To this end, this tract has been subdivided
into four lots. Lot 1, (29.63 acres) will be developed with the 437
residences, chapel and ancillary uses. Lot 2 (1.947 acres) will be the
site of the City's new water facility which is being relocated from the
Sandy Lake frontage. Lot 3, containing 2.12 acres, will be dedicated to
the City of Coppell for parkland. Finally, Lot 4, containing 13.484
acres of flood plain land, contains TXU facilities and easements and
will ultimately contain a hike and bike trail, pedestrian bridge and
limited parking for the retirement community.
Several issues still need to be resolved prior to the final platting of this
property. The first issue is regarding the City of Irving's existing 54
inch water line located in the Phase Two development area, adjacent to
Sandy Lake Road. As detailed in the attached letter, the City of Irving is
requesting 10 feet of easement in addition to their existing 20 foot
easement to protect their water line. This will impact the design of
Phase 2 of this development. A revised site plan will be submitted for
staff review. If the revisions are determined to be minor, then an
amendment to the Planned Development District will not be required.
The next issue concerns the fire lanes. While the fire lanes have been
revised to meet the requirements for approved turn-arounds, some of
the radii are still substandard and need to be revised.
Item # 10
As discussed, Lot 4 is in the floodplain and will eventually contain a hike
and bike trail and a pedestrian bridge. Given that the location and
alignment are not determined at this time, it is recommended that the
notes committing to provide these by separate instrument remain on the
plat, but the preliminary alignment of the Hike and Bike trail be removed
from the face of the plat.
There are currently inconsistencies between the R.O.W. indicated on the
preliminary plat and the R.O.W. described in the dedication documents
for Sandy Lake Road. These legal descriptions need to match. Once thi.~
R.O.W. is accurately reflected on the plat, then the approved landscape
plan needs to be overlaid on the revised preliminary plat to assure that the
proposed street trees are in the correct location.
Per the requirements of the Subdivision Ordinance, all setback lines
adjacent to streets need to be platted. Setback lines are currently
indicated along Star Leaf and the eastern property line. However, a
twenty-five foot setback line needs to be indicated along Sandy Lake
Road. TXU easements are also needed on this plat.
There are several existing drainage easements which traverse this
property which will no longer be necessary with the development of this
property. These are noted as being abandoned by separate instrument.
These instruments need to be submitted to the City for approval.
A portion of this property is currently in the 100 year flood plain. A
preliminary F.E.M.A. map update has determined most of this 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. A final plat will not be
processed until such time that flood plain designation has officially been
revised. Finally, a verification is needed that the Finished Floor
Elevations as stated on the plat are in accordance with the provisions of
the City's Flood Plain Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Preliminary Plat for St. Joseph Addition,
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. TXU easements, as needed, are to be provided on the final plat.
3. Submission and approval of the separate instruments for the
abandonment of the existing drainage easements.
4. Setback line needs to be provided along Sandy Lake Road.
Item #10
5. Retention of the notes providing for the Hike and Bike Trail and the
Pedestrian Bridge to be provided by separate instrument are required,
but the removal of the alignment of the proposed hike and bike trail
from the plat is recommended.
6. Revisions to the fire lane radii to meet minimum standards is required.
7. verify that the inininlum finished floor elevations stated on the plat are
in accordance with the City's Flood Plain Ordinance.
8. Provision of needed easements to the City of Irving for the water line.
9. If revisions are not minor in nature, the submission of an amended site
plan for Phase 2 may be required due to the additional width of the
waterline easement.
10. Revise the R.O.W. for Sandy Lake Road to reflect the dedication
documents.
11. Once the R.O.W. for Sandy Lake Road is verified, then verify the
accuracy of the location of the trees along Sandy Lake Road as
indicated on the approved landscape plan.
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) Letter from the City of Irving, with attachments
2) Departmental Comments
Engineering
· Fire Prevention
· TXU Electric and Gas
:3) Preliminary Plat
4) Site Plan
Item # 10
June 7, 2001
Mr. Gary Sieb
Director of Planning and Community Services
City of Coppell
PO Box 9478
Coppell, TX 75019
Subject: St. Joseph Village Development
Dear Mr. Sieb:
I met with Mr. Mike Millican yesterday regarding the proposed development of the St. Joseph
Village in the City of Coppell. The development is proposed on property south of Sandy Lake
Road and adjacent to a City of Irving easement for a 54-inch diameter water pipeline. The City
of Irving has several issues that it would like addressed before the plat is approved:
We do not allow placement of permanent structures within our easement due to
maintenance concerns. Current design drawings show some of the building footprints on the
northeast part of the property inside our easement.
We would like to obtain an additional 10 feet of permanent easement or at least a similar
building setback requirement from our 20 feet wide permanent easement through the current
City of Coppell property on the northeast comer (See attached easement drawing). Our
easement was limited to 20 feet in width on the City of Coppell tank site because we thought
we would always have a development buffer here and could work with the City of Coppell
to obtain additional temporary working space in this area if it was ever needed. ·
We are very concerned that buildings are now planned right up to the edge of our easement
and would be only about 6 feet .from our pipe trench. A pipe break in this area could have a
major impact on building fOtmdations and the narrow c~sc.s.-ncn: may lnccea-~c il~e tir..'~e i~
takes to dig the pipe up and make anY repairs. This problem will be made worse if the
developer places additional fill over the pipeline and makes the pipeline even deeper.
We have a butterfly valve manhole and an air relief valve manhole located in the proposed
development roadway. These structures are not rated for traffic loading and can not be
placed in a road as presently designed. The manholes also can not be moved unless the
pipeline is moved. The City would consider having the pipeline moved outside of the new
development road (i.e. straightened out), but not at our expense.
We will need to review and approve the design detail for the stormwater pipe crossing of
our pipeline.
CiTY OF IRVING
PUBLIC \,¥ORKS I~'3EPARTMENT · ~,VATER UTILITIES DIVISION
P.O. Box 152288, IRWNa, TX 75015-2288 · 3000 Rock ISLAND ROAD, IRVING, TX 75060
972.721.2281 · FAX 972.721.2280
Any air relief or blow off valve manholes adjacent to the proposed Star Leaf Road will
need to be raised by the developer to the proposed grade. We will review and approve the
design details.
These are very important issues to us and we would like to see them addressed so that the
pipeline's integrity is maimained and the risk of any future problems are reduced. Please call me
if you have any questions or need further clarification of our concerns.
Sincerely,
Todd W. Reck, P.E.
Water Resources Planning Manager
Attachment
Pc:
Jack Angel, Director Public Works
David Rybum, Asst. Dir. Public Works, Water Utilities
Doug Janeway, Real Estate Services Manager
Michael Millican, Agnirre Corporation
DEVELOPMENT REVIEW COMMITTEE
ENGINEERING COMMENTS
ITEM:
St. Joseph Addition, Lots 1-4, Block A, Preliminary Plat, request to allow the
development of a Retirement Community and municipal facilities on
approximately 51.17 acres of property located along the south side of Sandy
Lake Road, 1200' east of MacArthur Boulevard, at the request of St. Joseph
Village, Incorporated.
DRC DATE:
May 31, 2001 & June 7, 2001
CONTACT: Mike Martin, P.E., Assistant City Engineer (972-304-3679)
COMMENT STATUS:
DD~'I' TA/FrI~ T A ll~'M
~"F/NAL
1. The proposed right-of-way dedication for Sandy Lake Road needs to match the right-of-way
documents the City has received from the design engineer for Sandy Lake Road.
2. The separate instrument documents for the abandonment of the existing drainage easement
need to be provided to the City for review.
3. The minimum finish floor elevation needs to be at least 1' above the ultimate 100-year
floodplain elevation.
06/14/2001 13:29 9723043514 COPPELL FIRE DEPT PAGE 01/01
DE VEL OPMENT RE VIE W COMMITTEE
FIRE PREVENTION COMM~
ST. JOSEPH ADDITION, PRELIMINARY PL
ITEM:
DRC DAT/E: MAYt 31, 2001
CONT~4CT: TRAV~S CRUMP, F~ MARSHA~ (972) $04-$$03
COMMENT S TA TUS : [ ',r!Tr~ I PRELIMINARY
Show all fzre lane radii. Minimum inside radiu~ i~ 30 feet. Minimum outside radius is ~t feet.
O TXU
TXU Electric & Gas
4200 North Belt Line
Irvin~ TX 75038
Comments for City of Coppell
Development Review Committee
':.='_ ,.~5152 il "~.. ~:=:~ ~
......... "il
· : ?
!:',i! MAY 31 2001
May 31,2001
St. Joseph Addition, Lots 1-4, Block A, Preliminary Plat Plat unacceptable TXU easements
need to be platted. Contact Rick Fielding at 972-888-1344.
Bobby Oney
F
OPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # __L~~
ITEM CAPTION:
Consider approval of the Coppell Justice Center, Site Plan Amendment, to allow the construction of an
addition onto the existing Justice Center Building on a portion of 13.09 acres of property located at 130 Town
Center Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: June 21, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
Nesbit, McGahey,
Kittrell,
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
~CJCspa
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
COPPELL JUSTICE CENTER
SITE PLAN AMENDMENT
P & Z HEARING DATE:
C.C. HEARING DATE:
LOCATION:
SIZE OF AREA:
June 21, 2001
July 10, 2001
130 Town Center Boulevard, South of Parkway Boulevard
Approximately 13.09 acres of land
CURRENT ZONING:
TC (Town Center )
REQUEST:
Site Plan Amendment to allow for a 775 square foot budding
addition and a 734 square foot covered patio
APPLICANT:
Sheri Moino
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
972-304-3558
FAX 972-304-3673
Glenn Cramer,
Phillips Swager & Assoc.
7557 Rambler Road, Suite 670
Dallas, Texas 75231-2302
214-692-61115
214-692-6118
HISTORY:
The site plan and final plat for the Coppell Justice Center was
approved in 1996. In 1999, a site plan amendment was approved
which permitted the construction of a 47 space parking lot to be
jointly used by the Coppell Justice Center and the YMCA.
TRANSPORTATION:
Town Center Boulevard has 28'-wide pavement within a variable
right-of-way. Adjacem to the Coppell Justice Center, there is 37
feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North- Fire Station and City Hall; "TC' - Town Center
South - YMCA; "TC" - Town Center
East - Town Center Elementary School; "TC" - Town Center
West- vacant; "TC' - Town Center
Item # 11
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
Public and Institutional uses.
DISCUSSION:
This request is to amend the existing site plan to allow
expansion of the Coppell Justice Center. As indicated on
the site plan, the existing 443 square foot covered patio
area will be removed and replaced with a 773 square foot
enclosed building. This expansion area will house the
Judges Chambers, and offices for the Court Director and
Administrative Secretary. Also planned is a new covered
patio to be located to the south of the expansion area,
which is proposed to contain 743 square feet. This
expansion does not have a significant impact on the site
conditions, and no existing landscaping or parking will be
effected by this expansion. There will be sufficient
parking to accommodate this addition utilizing the newly
constructed parking lot which is shared with the YMCA.
Finally, a new concrete sidewalk will be constructed from
the patio area to the northern portion of the building.
The building materials on this expansion will match the
existing building, including "Doeskin" color brick along
the top of the building, and "Twilight Pink" along the
remainder of the building. The steel will be painted
~Hemlock Green", again to match the existing color
scheme.
Given that these additions to the building do not impact
the landscaping, parking or circulation of the existing
facility and that the building materials are the same as the
existing building, staff is in support of this request.
On June 5, 2001 staff discussed this project with Harry
M. Hargrave of the Town Center Architectural Control
Committee. Given the lack of visual impact that this will
have within Town Center, Mr. Hargrave waived the
review of these plans.
Item # 11
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Amended Site
Plan for the Coppell Justice Center as submitted, with no
conditions.
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)
Site Plan/Floor Plan/Elevation
Item # 11
T H E: · C I T Y O F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 10, 2001 ITEM # /~
ITEM CAPTION:
Consider approval of a Computer-Aided Dispatch and Police and Fire Records Management System in an
amount not to exceed $560,043.90, and authorizing the City Manager to execute the necessary documents
with TCI Sales and Trio Teknologies.
SUBMITTED BY: Roy Osborne and Bob Kruse
TITLE: Police Chief and Fire Chief
STAFF COMMENTS:
The Police and Fire Departments are requesting Council authorization to enter into contracts with TCI Sales
and Trio Teknologies for the purchase and installation of necessary hardware and soitware for a Computer
Aided Dispatch System. If authorized, this system will include new dispatch, police and fire sofl~,are for
each department's respective management systems. Additionally, this system will include the ability to
transmit Mobile Data Information and will incorporate an interactive Automatic Vehicle Location System.
Fire and Police staff will be at the meeting to address any questions.
BUDGET AMT. $
FINANCIAL COMMENTS:
DIR. INITIALS:
Agenda Request Form - Revised 5/00
AMT. EST. $ +\-BID $
Funds for this contract ate available in Co.~lnications CIP
($185,000) and desi~nated fund balance - E911.
FIN. REVIEW:~/
TCI SYSTEM SALES AGREEMENT
Agreement No: CD061901A-4
TCI
¢~,,. oo~r,oL.,,o. SYSTEM SALES AND INSTALLATION AGREEMENT FOR;
The City of Coppell, Texas Police Department (hereinafter called "Customer"). TCI, Tel-Control, Inc.(hereinafter
called "Seller"), is pleased to offer the following proposal for Customer's consideration. This proposal, based on the
Texas state contract program (QISV) is in effect for forty-five days from the Quotation Date of June 26, 2001.
Upon written acceptance by Customer and Seller, this proposal will become a binding sales and/or installation
agreement (called "Agreement").
This proposal by Seller and purchase by Customer is based on the State of Texas contract rather than a Request For
Proposal award by Customer to Seller.
The CAD, Records, 911 and Services offered includes the equipment, services and features described in the attached
Equipment Summary and Scope of Work, which is a part of this Agreement. (See Attachments A and B)
DELIVERY:
The System shall be delivered to and installed at , City of
, County of , State of (Called "Installation Address"). Note: System
may be "Customer" installed. Shipping charges will bc billed separately from this agreement as incurred.
INSTALLATION INTERVAL:
Seller will make its best efforts to complete delivery and, if this proposal includes installation, installation of the
System within 6 months from the date this Agreement is accepted by Seller ( called Installation Interval).
Please note that this project will occur in two Phases. Phase I is the CAD, Tone, Page, Mobile, Police RMS, Fire
RMS and Mobile installation services portion. Phase II is E9-1-1 and is to be initiated at customer request, but no
more than 6 months from initial project start. Phase II will consist of replacing the 911 system, implementing
GeoPhone and GeoRadio options. GeoRadio will be implemented upon notice from Coppell PD that the Radio
system is ~4PI ready.
PRICE:
(1) System Price (Includes 18 month Warranty)
x Check if installation included in price
Check if local service is included in price
support provided on a T&E basis as requested)
(2) Applicable Taxes
(See Par. 7 of Terms and Conditions)
(3) Total Purchase Price
$ 392,814
(RemoW Support 7x24x365)Local
$ None
$ 392,814
WARRANTY MAINTENANCE SUPPORT:
The first (18) Months Warranty and Telephone Maintenance Support are included in the Total Purchase Price and
commence on the date Seller ships equipment from its factory. Local Service/Maintenance and out of warranty
services/repairs are provided upon request at additional costs.
MAINTENANCE SERVICE INFORMATION:
system Sales Agreement No CD061901A-4
1. Communication of service requests shall be made through telephone to Seller at:
2.Local PSAP support is provided under separate agreement by: (Optional)
3.Remote coverage is 24 hours per day - 7 days per week, 365 days per year.
4.Extended Hardware Warranty is provided through this agreement till:
5.Extended Software maintenance is provided through this agreement till:
N/A
1-888-518-3911 2
TCI on Request
Yes
N/A
Terms and Conditions
1. Price. Price quoted does include delivery of the System to the Installation Address. Installation (if required),
local service, and extended warranties are extra charges as noted on the face page of this agreement. Title to the
System will pass to Customer upon full payment of the Total Purchase Price.
2. Risk of Loss. Risk of loss or damage to the System, except that caused by Seller, passes to Customer at
delivery to the installation Address.
3. Payment Terms. Hardware - Payment for computer hardware and 3ra party software (MS and Oracle) will
be made immediately upon receipt of invoice by the customer from TCI. This mounts to approximately ($ 69,136
of the Phase I & II total).
Software and Services - The City of Coppell has agreed to secure a 1 year or longer, lease contract with no
money down and aunnal payments as described in that insmunent. The city will authorize TCI to draw on that
escrowed amount as the following milestones are met: the initial payment is 30% of contract price less hardware
($69136) which is due upon escrow funding and receipt of TCI invoice. All subsequent payments are as follow: 30%
due upon installation start, 30% upon completion of installation and 10% due upon customer acceptance.
TCI 100% Performance Guarantee is as follows:
Phase I - CAD/RMS/MDC Implementation.
TCI guarantees the City's acceptance of the software and implementation service and the City agrees to accept the
Phase when the Phase has reached a point of"substantial completion". Substantial completion will be defined as a
stage in the work of the project when the work is designated by the customer as sufficiently complete in accordance
with the Contract Documents so that the Owner can utilize the system for its intended use. This shall include the
Computer Aided Dispatch system (CAD), the Records Management Systems (RMS), the mobile data computer
system (MDC) and all contracted services, not inclusive of the performance of customer provided mobile hardware
or its network. Upon reaching substantial completion, the customer will make full payment on the lease contract on
or before its due date as required by that agreement.
Phase II - 9-1-1 Integration:
This Phase relates to the installation of the InVision Nortel Based E9-1-1 System and the integration of the 9-1-1
telephone system with the CAD system, allowing the handling of phone calls through the CAD program. Same
terms as above apply here.
GeoRadio Integration:
This item relates to the integration of the customer provided radio system to CADPro. This allows basic integration
of radio functionality with the CAD system, allowing the handling of radio communications through the CAD
program. This is dependant on a customer provided API for the radio system to allow the described capability. TCI
will install this component at anytime in Phase I or II as required.
TCI Guarantees 100%, the satisfaction of its products and services as described herein, on the sales agreement and
the agreed scope of work. To secure the customer with this guarantee, TCI certifies that if the City is not satisfied
with the terms of Substantial Completion as described herein, TCI will promptly reimburse the City for all monies
owed to financial institutions related to this agreement only. This applies to the lease agreement secured for
System Sales Agreement No CD061901A4
financing this project and any interest due on behalf of the City. Upon payment of the debt by TCI, the City would 3
maintain ownership of any computer hardware installed at the site and TCI would then be relieved of all its
obligations under this agreement.
4. Warranties. Seller warrants for a period of (18) eighteen months from the ship date of the equipment, and
installation work of Seller sold hereunder will be free from defects in materials and workmanship; that it will be fit
for the ordinary purposes for which such equipment is used; and good title thereto will be conveyed to Customer.
Customer's exclusive remedies for breach of all warranties pertaining to the System shall be limited to the repair or
replacement at Seller's option, of any defective part thereof. Customer shall give written notice to Seller of all
warranty repair claims, specifying the nature of the defect, within (18) months of the original ship date. Extended
warranties may be purchased if required. THE WARRANTIES STATED IN THIS PARAGRAPH 4 ARE IN LIEU
OF ALL OTHER WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
USE AND EXCLUDE ANY USE OF THE SYSTEM AS A COMPONENT IN LIFE SUPPORT DEVICES OR
SYSTEMS.
5. Delayed Performance. Seller will not be liable to Customer if they are unable to furnish the System or service
described in this Agreement because their efforts are impeded by causes beyond their commercially reasonable
control.
6. Limitation of Liability. Under no circumstances will Seller be liable for special or consequential or incidental
damages in connection with performance, delayed performance or non-performance of this Agreement or any
element hereof notwithstanding their foreseeability or disclosure by Customer to Seller. Nor shall Seller be liable
for loss of dam or other loss or utility charges arising from design, installation, or repair of the System.
7. Taxes. Taxes are not quoted or paid herein. Customer will be responsible for and pay all applicable sales, use
and other taxes on products and services purchased.
8. Assignment. Customer may assign this Agreement upon Seller's written consent, which shall not be
unreasonably withheld. Seller may assign this Agreement or subcontract its performance on notice to Customer.
9. Indemnification. (a) Seller will indemnify and defend Customer from and against claims arising out of alleged
infringement by the System of any United States patent or copyright. Customer shall be required to give timely
notice and accord to Seller the fight to defend or settle such claims. Seller shall not be liable for Customer's special,
consequential, or incidental damages arising from such claims, not shall Seller's liability hereunder exceed the Total
Purchase Price of the System. (b) Seller will indemnify and hold Customer harmless from liabilities, claims, or
demands from persons not party to his Agreement and all costs and expenses in connection therewith, arising our of
any personal injury or death or any damages to such thirty party's property to the extent, but only to the extent, that
such injury, death, or damage is caused by the negligence of Seller or their officers, employees, or agents.
10. Installation. Seller will use its best efforts to complete installation and test of the System during the specified
Installation Interval.
11. Completion. Installation shall be deemed complete when the System is in operating condition as signified by
Seller's Installation Acceptance Certificate and the Payment Terms. Minor omissions not materially affecting
System functionality shall be noted on Seller's Installation Acceptance Certificate and shall be promptly remedied
by Seller but shall not postpone completion and payment.
12. Customer Pre-installation Responsibilities. Prior to Seller commencing installation, Customer at its own
expense:(a) Will obtain any required consent from lessors, mortgages, or other third parties for the installation and
subsequent maintenance of the System, if required. Seller may install and maintain the system.
(b) Will provide a location within its premises suitable for the installation of the central service components
of the System.
(e) Will provide all ventilating, heating, cooling, humidity, and dust control equipment necessary to ensure
that the equipment location will meet the environment requirements set forth here and in the Equipment Summary
and product technical guides. Such location shall be dry, free of dust and of conditions injurious to employees or
agents of Seller or to the system to be installed.
(d) Will provide electrical service with suitable terminals where required and installed metallic ground.
(e) Will provide Seller with a signed letter of agency, if required by Customer, in the form provided by
them, authorizing them to make service requests upon the serving telephone company for Customer's System
System Sales Agreement No CD061901A4
Interconnection requirements. Serving telephone company charges for these services are not included in the price 4
and shall be separately paid by Customer.
(f) Customer will at its own expense be responsible for identifying and disclosing to Seller any concealed
equipment, wiring, or other conditions which might be affected by or might affect the installation of the System.
Should Customer not provide such disclosure, Customer shall hold Seller harmless from any claim, damage, or
liability resulting therefore.
13. Warranty/Maintenance Support. During the warranty period, so long as Customer is not in default, Seller
will provide Warranty and Telephone Maintenance support for the System, subject to all terms, conditions, and
limitations of this Agreement. Seller will provide, at no additional charge to Customer, repair or replacement with
parts new or refurbished and warranted as new, at Seller's option, of all materials and equipment necessary to
maintain the system in good working order. It is Seller's objective to commence corrective action; (1) for major
malfunctions within four hours, after receiving specific notice, and (ii) for minor malfunctions, during Sellers next
business day following receipt of notice thereof during its normal business hours. A major malfunction is defined as
an equipment failure causing inability to place or receive local telephone calls and/or retrieve customer record
information; other malfunctions shall be deemed minor. Normal business hours are 8 am to 4:30 PM Central time.
Customer must request maintenance services through telephone number stated in the Warranty Maintenance Service
Information on page one of this agreement. On-site service/maintenance support can be provided at an additional
cost and should be noted in the Price section on the face page (1) of this agreement.
14. Default. If Customer does not remit payments when due or otherwise materially breaches a provision of this
Agreement, Customer shall be in default. If Customer's default continues after written notice from Seller, all sums
unpaid shall become immediately due and payable and Seller shall have the right to withhold further performance
until fully paid. In addition, Seller shall have all rights and remedies provide under the applicable Uniform
Commercial Code and any applicable state or federal law. Sellers remedies shall be cumulative and Customer shall
reimburse Seller for all costs including reasonable attorney's fees, incurred in enforcing this Agreement against
Customer.
15. Late Payment Charges. In addition to other remedies available to Seller, should Customer fail to pay any
part of the Total Purchase Price when due, Customer shall in addition pay Interest at the lower of Seller's then
generally applicable rate for delinquent payment or the highest applicable legal rate, if any, from the due date until
actually paid.
16. Governing Law. This Agreement shall be governed by and construed according to the substantive law of
the state of ALABAMA, USA.
17. Entire Agreement. This Agreement, the Equipment Summary, and all attachments designated on the face of
Agreement as included shall constitute the entire Agreement of the parties and shall supersede all prior negotiations,
proposals, and representations whether written or oral. Field sales personnel of Seller are not authorized to modify
or alter the terms of this Agreement by written or oral representation. Any alternation or modification of this
Agreement must be in writing signed by the parties.
AGREEMENT:
By its signature hereon Customer agrees, subject to Seller's acceptance, to buy and pay
for the System outlined above in accordance with the terms and conditions of this
Agreement.
System Sales Agreement No CD061901A-4
Agreed to this ~ day of
,2001.
CUSTOMER:
(Organization name)
SIGNATURE:
NAME:
TITLE:
ADDRESS:
ACCEPTED this ~ day of
SELLER: TCI~ Tel Control lnc.
SIGNATURE:
,2001, by
NAME:
System Sales Agreement No CD061901A-4
TCl. (Tel Control Inc.) 2001
Focus or~ the future.
Desc~otion ! ~ I List Pdca
Discounted Price
TC-1500-SCPP
TC-1501-SCPP
TC-1501-SORA
TC-1503-NT
CD-3613
TC-1108-17
Sub-Total:
CAD Saver System fi'om DELL
fHIgh Availability Server Hardware and OS Software
CAD & Mapping Sofb~re, CADProe License,
Per Seat, 4 Seat Minimum
(Indudea CADvisor and CADminist~tor)
Oracle 81 Database License
(10 seat min. ma'd Der seat & Der sep/er)
DELL WonV. station for CAD
Dual Video Card. Internal Computer Hardware
DELL M770 17' Video Monitor
TC-1500-CAD21
TC-1500-CAD2T
SUB-TOTAL:
CADPm+ Software ImCementalion
(Per Seat/Per Year. Four Seat Minimum)
CADPrO+ Software Training
(Per Seat. Four Seat Minimum)
$15,000.00 $30,000.00 $19,E00.00
$20,500.00 $82,000.00 $53,300.00
$134.120.00 ~87.718.00
$8,400.00 $33,600.00 $33,600.00
$2,5(X1.00 $10,000.00 $10,000.00
$177,720.00 ~131.318.00
TC-1500-C.-QS
TC-150~
Sub-Total:
GeoQue~ Sewer Sofl~m License
GeoQuery Interface SoRware
Priced per Interface
S30,O00.O0 $30,000.00
S15,000.00 S~5,000.O0 $~1~S0.00
$45,000.00
InVisionz Pricing Proposal
Coppell, TX
TCl, (Tel Control Inc.) 2001
TC-1500-GPHS
Sub-Total:
GeoPhone Alxolicetion Sewer License
~o.oo
$o.o0
TC-1500-GRS
Sub-Totah
GeoRadlo A,,~ica~on Server License
~0.oo
TC-150O-GTS GeoTone Aoolicatlon Server License
Sub-Totah
TC-1500-GPS
Sub-Totah
GeoPage Am~lca~lon Sewer Ucense
$0.00
$0.00
$0.00
TC-1501-SMS GeoMoblta Software Sen, er License
(No sen, er Hardware1
TC-1501-SMC GeoMobile Software Client License
~1 Der Client)
TC-1500-MOBSI GeoMobile Software ImplementaUo~
TC-1501-ENIN Laptoo Hdw~ Install - Police Tahoes
TC-1501-ENIN Laptop Hdwr Install - Ambulance
TC-1501-ENIN LaploD Hdwr Install - Fire Trunk
Sub-Totah
T~1500-GLS
GeoLocetor App#cetlon Server License'
TC-1500-GL450 Placer GPS 450/455 Recv/Xmltt~s
Sub-Totah
$22,999.37
$1,g50.00
S5,200.00
$402.00
$1,150.00
$1,150.00
$0.00
$1,190.00
$22,999.37
$39,000.00
$5,200.00
$5,628.00
S3,4S0.00
$3,450.00
$79.727.37
$23.8O0.00
$17,250.00
$29,250.00
$5,200.00
$5,628.00
$3,450.00
$3,450.00
S64.228.00
TC-1600-RPS1
TC-1500-PRSIT
PRIORS Software User License (5 Users)
PRIORS Software Training sen4ces per Site
$80,000.00
$9,600.00
Firehouse gl=
TC-1500-FRSI
TC-150O-FRC1
TC-1500-FRS1M
TC-1500-FRC1M
TC-1500-FRTXC
TC-1500-FR1T
Sub-Totah
Firehouse to CAD/RIdS Interface
Firehouse Soltware Entarpirse Version
Firehouse Software Enterprise Version - Addl User
Firehouse Soltwam Enteq)dse Version
Comotate Svstam Su~ort
Firehouse Sofl~are Enterpdse Version
Additional User Suooorl
Texas Traininfl Codes
Firehouse Software Onsite Trainin~ ~oer day)
$6,750.00
$7,000.00
$800.00
$800.00
$150.00
$0.00
$0.00
$8,750.00
$7,000.00
$2,400.00
S600.00
S0.00
$0.00
$5,063.00
SS2S0.00
$1,800.00
$600.00
$450.00
$0.00
$0.00
InVision· Pricing Proposal Coppell, TX
TCl, ('rel Conm~ Inc.) 2001
CADPro+:
GeoQuery:
GeoPhone:
GeoRadio:
GeoTone:
GeoPage:
GeoMobile:
GeoLocator:
PRIORS:
Fire RMS:
Phase 1 Total:
$177,720.00
$45,000.00
$o.oo
$o.oo
$o.0o
So.oo
$79,727.37
$23,800.00
$89,600.00
$17,550.00
$433.397.37
$131,318.00
$30,750.00
$o.oo
$o.oo
$e4,229.oo
$20,230.00
$61,~00.00
$13,t63.00
TC-INV2-EMIS
TC-3901
TC-3914
TC-3979
TC-1107-2
TC-1106
TC-1105
TC-MISCMAT
/nV/s/~P Norster Base System
EIA 7' x 19' Rack Mount Conflg.
*Dual Intel PI 11 Mid Tower Se~ers
'256K Memory, 30 Gig Hard Ddve
*PS/2 Keytx)ard & IdS Mouse
*Tape Backup System
*~0/100 LAN Hub, CAT 5 Cabling
*NORSTAR ICS KSU, 8x32
'48(v) Power Supplies
*~4' VGA Color Monitor
*Misc. Idaterla~s, Cables, StOraGe Tape
*lnVi$1on· Sewer AppliceUon Software License - 5 Client
*MS NT Server 4.0 Licesse - 5 Client
*MS SQL Sewer 7,0 Ucense - 5 Client
tnV/s/on' Enhanced MIS Pkg.
Printer, ALI and ANI CDR
ALI Dbase Modem, 202T
MCK Tefebddge 829AC
Alarm Mo~iter and Transfer
Multiplexer, Cage & System
Tn. Ink Inter[ace Cimuit, Dual
Misc. Materials & Cables
$3,0OO.OO
$350.00
$700.00
$990.00
$425.00
$845.00
SI,200.00
SU~-TOTA~:
$3,0OO.OO
$7OO.OO
$1,400.OO
$425.00
$1,890.00
$S4,S25.00
$26,975.00
$2,2OO.00
$1,0~0.OO
$2,970.00
$319.00
TC-20OO-WSVT
TC-3929-CB
TC-3929-ADT
WIN NT IWS TOOt Kit: ~
Includes: Windows NT based Application Software Liceflse,
Internal TDD, Instant Playback and Viflual Telephone feature.
Handset
Plug Prong & Cord for Handset
$88.00
$32.00
SUB-TOTAL:
$20,500.OO
$352.00
$128.OO
$20,g80.00
$15,375.00
$264.00
$96.00
SLS,73S.00
InVisionz Pdcing Proposal Coppell, TX
TCl, (Tel Control Inc.] 2001
TC-I 102-7324-B Digital Set, 7324, 24 Button
TC-3056-1CS ICS Fiber 2 Port Exp Carlddge
TC-3057-1DT Caller ID Trunk Carbldge
TC-3058-1CS Fiber Trunk Module, (3 Cml.)
$480.00
$900.00
$675.00
SUB-TOTAL:
$960.00
$~50.00
$1,800.00
$675.00
$3,g~S.O0
$720.00
$413.00
$1,350.00
TC-2527-O Dual Kneewell Jack Kit
TC-3928-M12 Plantronics M12 AMP
TC.-39280M12P Plantronics M12 Power Supply
$540.00
$164.00
$22.00
SU B-TOT.a~:
Sl,620.00
$492.00
$66.00
$2,178.00
InVislon' Norstar Base System
WIN NT Based Workstations:
NORSTAR KSU Equipment:
Miscellaneous Equipment:
Base System Sub-Totah
$54,525.O0
$20,980.00
$3,eas.oo
$2,904°00
$82,394.00
$36,745.00
$t5,735.00
$2,178.00
~57.647.00
Additional Services:
TC-INV2-ENIN Product Services:
C/O: Site Survey, Application Engineering, Installation &
Management Services from TCl
T¢-Train On-Site Trainina Services:
$850 per day - Three day minimum charge
PHASE 2 Total:
$9,887.00
$2,550.00
$94,83t.00
$9,887.00
InVision= Pricing Proposal Coppell, TX
TCI, (Tel Control Inc.)2001
Recommended Spares Package
TC-1105 Trunk Interface Circuit
TC-1107-2 Alarm Monitor and Transfer
TC-1106 Multiplexer, Cage & System
$845.0O $845.0O $634.OO
$425.00 $425.00 $319.00
$650.00 $650.0O $488.00
OptiOn1 Total: $1,920.00 $t ,441.00
Extended Hardware and Software Warranties
TCANV2-EHW Extended HDWR. Wan*.
(Extends the Hank, mm Wananty to Five Years Coverage from purchase)
TC-INV2-SM Extended Software Mtc.
IExtends the Software Maintenance to Five Years Coverage from purchaseI
$?Ao9.oo $7Ao0.oo
$5,768.00 $5,768.00
TC-1500-CAD2M
TC-1500~M
TC-1500-GPH 1M
TC- 1500-GRS 1M
TC-1500-GTS1M
TC-1500-GPS1 M
TC-1500-MOBSM
TC-1500-MOBCM
TC-1500-GLS1M
TC-1500-PRSIM
CADPro+ Software Maintenance
(Per Seat/Per Year, Four Seat Minimum)
GeoQuery Client Software Maintenance per year
GeoPhone Client Software Maintenance per year
GeoRadio Client Software Maintenance per year
GeoTone Client Software Maintenance per year
GeoPage Client Software Maintenance per year
GeoMobile Soft. rare Maintenance
Per Year. Per Sower
GeoMobiie Soltwam Maintenance
Per Year, Per Client
GeoLocetor Client Soltwam Maintenance per year
PRIORS Scdbvare Maintenance
Per Year for 5 Users
Extended CAD Software Warranty Total:
$3,510.00 $56,160.00 $56,10O.00
S2,250.00 $9,000.00 $9,000.00
$2,250.00 $9,00O.00 $9,000.00
$2,250.00 $9,000.00 $9,000.00
$2,250.00 $9,000.00 $9,000.00
$2,250.00 $9,000.00 ~,000.00
$2,925.00 $11,700.00 $11,?00.00
$176.00 $14,000.00 $14,080.00
$7,800.00 $82,400.0O $82,4O0.00
}198,340.00 $198.340.00
InVision2 P~lcing Proposal Coppell, TX
TCI, (Tel Control Inc.) 2001
Terms of Proposal:
All Engineering, Installation, Project Management Services, and Extended
Hardware Warranty options are based on the above configuration and the
quoted pricing for these options will change if the system requirements
are modified. Additionally, these services are not subject to discounts.
This also applies to any on site maintenance proposals made herein.
2 On-Site Training and Installation Assistance pdcing is Portal to Portal.
3 End-user is required to supply one fiat rate dial up business line to allow
TCI to provide beck-up telephone support and remote diagnostic capability.
If the line is not provided, TCl will be unable to provide the end-user with this
type of remote support. This includes Server and Norstar remote support.
4 Extended Soltware Support only applies to the TCI manufactured software.
Does not include any third party software or hardware required for upgrades.
These must be quoted or provided separately as required.
5 Electrical Services necessary to connect any UPS contained in this proposal
are not included; these services are the responsibility of distributor/end-user.
6 FOB: Huntsville, Alabama
Payment Terms: 30% due upon sales contract signing/receipt of purchase order
30% due upon implementation start
30% due upon implementation completion
10% due upon customer acceptance
Delivery & Implementation: Implementation start date is estimated at eight
weeks from receipt of signed contract/or purchase
order. Delivery of equipment does not constitue
implementation start. These dates will be influenced
by business transacted between the quotation date
and the date an order is actually placed.
This quotation is valid for sixty (60) days and supercedes all
previous quotation/proposals either written or oral.
8 Financing options are available; please contact us for additional details.
Revisions:
6/1/01
6~/01
6/13/01
Adjusted pridng and removed all CAD Servem and workstations.
Removed No{e 7 because it didn't apply in this situation.
Reduced % on CADPro, Sewer Mobile,
Added cost for installation of customer p~ovided laptop hardware
InVision Pricing Proposal Coppell, TX
97230415~4
07/06/200~ Z2:40 97230435~4
~.NI BY: TRIO TEKNOLOOIES;
Dh~on LOgo
COPPELL FIRE DEPT
972245~007; JUL-2-Ot
CHLZF BOB CRUZ
F~ [~72) 304-33Z~
Tel,
P~E 01
PAQE ~
O. O0
~1.~fi4.90]
O.OOJ
0.0oj
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6~-~'-~=~~I~ AGENDA REQUES~ FORM
CITY COUNCIL MEETING: ~Iuly 10, 2001 ITEM # .~~
MAYOR AND COUNCIL REPORTS
B.
C.
D.
E.
F.
Report by Mayor Sheehan regarding Picnic in the Park.
Report by Mayor Sheehan regarding Coppell International Music Exchange.
Report by Mayor Sheehan regarding the Budget Work Sessions.
Report by Mayor Sheehan regarding Volunteers for Boards and Commissions.
Report by Councilmember York regarding Earth Day Award.
Report by Councilmember York regarding 4th of July Parade.
CITY MANAGER'S REVIEW: