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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) ag071001 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. ag071001 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. ag071001 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 ag07100[ 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 Page 2 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 Page 3 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 Page 4 41709 ! 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 Page 6 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 / J ! i!~ :I I !. ,.!, ,.ifil, ,,,; . ., i--: ~,., .~tlJl Ifil t.,Iii .: i l,: mil"'~ ' '": ' ' ,tli,,e~!, tiJ hlJ,",J l~, ~l !: !, !l ,, ~Jililtllllllllilltllllh ~,lllhJll,il!~ ,!l' ~' i ,j,lf Il, , ~!li,Jjl ,~,i,~,l, ,,~i~,-i I,l~j , lillJllJtll tt llll .i,,,.,,., (~ I i i c~fiji ~1, I' 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 _L _ DeI:,8111 no.~ au Aug O~., 2001 O'enni. Eor ~,, .F ~; .;'~:;'.~-..- , .~,~:.....~.,.-~. .... ~ M]4JA2B~ t_F ..... ZZ' 2,038. 07/06/200l 12:d0 9723043514 ~EHT BY: TRZO TEKNOLOGIES; COPPELL FIRE DEPT ~722450007; JUL-2-Ot t:24PU; Z~erted iago pele equi[nnenC with set-collar Chat keeps C~e adjusted Co corec ~tght. TILT ~:vm~ ' ~RC ~KI~ 6~ON Tllt./S~Xvel an~ Po~er I PAGE 82 PAGE ~/7 L ,,o-~o.. I :Gl o:.2oo~ i 47. OO 23.00 53.50 34 .oo lg .00 80.00 s?o. Ooi ~.oo 8a. O0 214.00 366.D0 3]0.00 3,880.00 g¥.O0 0.00 0.01i $,446.0(I O.OOe 0 00] J 07/06/2001 12:40 9723043514 COPPELL FIRE DEPT PAGE 03 u~m~ uY: ~HlO TEKNOLOOIE$; §7~450007; JUL-~-0t t :25PM; PA~E 417 - ~~yi .... --~ ~ [~:~.~,.~.~..~~~:~,~,~.~,. r ~=.-::~.*.,.J'~!.,~ Fax, {972)~04-3,~4 ~ ~ ~Z~ ,~ Tel: ~9~;) 304-3802 j ~ Tel; (9~3) 304-~S02 o~ the vehicle. the ~i~ ~o:~( o. Oo O, oO 87/86/2881 12:40 9723043514 COPPELL FIRE DEPT PAGE 84 ~N! ~Y: TRIO TEKNOLO~IE6; 97~2450007; JUL-~-0t Aug 01, 3001 ~.:~. · '.a~ .-, ~- $ SS. O0t ~ gO. Oo ~A 1~. O0 KA 3~.00) ~ 8g.00' ~, .240. o0 J 51 '1o9.00 I 07/06/2001 12:40 9723043514 SENT BY: TR]O TEKNOLOO]ESl COPPELL FIRE DEPT 9722450007; JUL-2-01 t:2ePM; PAGE 85 PAGE 8t7 I ' I 07/06/2001 12:40 9723043514 COPPELL FIRE DEPT PAGE 86 SENT BY: TRIO TEKNOLO~IE9; 9722450007i JUL-2-01 t:28PU; PAG£ 7/7 IJ)l T'%'~D ST. ATw8 r, iY~ (~72] 3o4o.'!~14 Tu2: (9'vZ) 304-3502 COPYEII, t~LIC~ DilPAKTMENT DOCK[Nc~ gOLoTION ~ Cr-2O$ 304-3514 304-3so2 0.00 0.00 '~, 220.00 7,230.00 O.00 O.OO J 87 86/2881 12:48 9723843514 COPPELL FIRE DEPT PAGE 87 ~IcNI/ ~¥: IHIO TEKNOLOO~,ES; 9722450007; JUL-~-O'I .I :52PU; PA~ 2/2 COPP~..L ~OLz~I 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: