CP 2001-10-09NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 9, 2001
CANDY SHEEHAN,
Mayor
BILL YORK,
Mayor Pro Tem
GREG GARCIA,
JAYNE PETERS,
DIANA RAINES,
Place 1
Place 2
Place 3
MARSHA TUNNELL,
DOUG STOVER,
DAVE HERRING,
JIM WITT, City Manager
Place 7
Place 4
Place 5
Place 6
MEETING TIME AND PLACE:
Call to Order
Work Session
Regular Session
5:30 p.m.
Immediately Following
7:00 p.m.
Council Chambers
1st FI. Conf. Room
Council Chambers
(Open to the Public)
(Open to the Public)
(Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, October 9, 2001, at 5:30 p.m. for Work
Session, and Regular Session will begin at 7:00 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 City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM #
ITEM DESCRIPTION
REGULAR SESSION
(Open to the Public)
1. Call to order.
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Page i of 6
ITEM # ITEM DESCRIPTION
WORK SESSION
(Open to the Public)
Convene Work Session
B.
C.
D.
E.
Discussion regarding DART Tour.
Discussion regarding FY 2001.2002 Budget.
Discussion regarding fencing materials.
Update on Dallas County Beltline Road Improvements Project.
Discussion of Agenda Items.
REGULAR SESSION
(Open to the Public)
3. Invocation.
4. Pledge of Allegiance.
Consider approval of
through October 28,
Mayor to sign.
a Proclamation naming the week
2001 as RED RIBBON WEEK, and
of October 22
authorizing the
Presentation by Coppell Middle School North Student Council.
Citizen's Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
~"~)-t~c.~ A. Consider approval of minutes: September 25, 2001.
Consider approval of an ordinance amending Section 8-1-3 of the
Code of Ordinances of the City of Coppell establishing 40 miles per
hour as the maximum prima facie speed limit on Freeport Parkway
from the south city limits to Creekview Drive, and 30 miles per hour
as the maximum prima facie speed limit on Freeport Parkway from
Creekview Drive to Ruby Road; and authorizing the Mayor to sign.
Land Use and Development
Consider approval of an Ordinance for Case No. S.1190, Green
Pepper Asian Grill and Noodles, zoning change from PD.178R
(Planned Development-178R)to PD-178R.S.U.P-1190 (PD178R,
Special Use Permit. Il90), to allow the operation of an oriental
restaurant and private club to be located in the Town Center West
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Page 2 of 6
ITEM # ITEM DESCRIPTION
Retail Center at 171 N. Denton Tap Road, and authorizing the Mayor
to sign.
END OF CONSENT
10.
11.
12.
13.
14.
PUBLIC HEARING:
Consider approval of Case No. PD.186R2, Duke-Freeport, zoning change
request from PD-186R (Planned Development-186 Revised) to PD-186R2
(Planned Development-186R2) to allow for additional monument signage,
to decrease the required parking on Lot 1, and to incorporate the tree
mitigation/landscaping plan on approximately 140 acres of property
located along the west side of Coppell Road, between Ruby and Bethel
Roads.
PUBLIC HEARING:
Consider approval of Case No. S-1192, Pizza Inn, zoning change request
from C (Commercial)to C-S.U.P (Commercial, Special Use Permit-Il92), to
allow the operation of an approximately 1,060 square.foot take-
out/delivery restaurant located in the Coppell Crossing Shopping Center,
Lot 5, at 751 MacArthur Blvd.
PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is that
property owned by ACLP Northlake II, L.R, described as Northlake 635
Business Park, Block C, Lot 1R (8.044 acres) and located at the northwest
corner of Lakeshore and Crestside Drives, Coppell, Texas.
Consider approval of an Ordinance designating the ACLP Northlake II, L.R
Reinvestment Zone No. 35, and authorizing the Mayor to sign.
Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and ACLP Northlake II, L.R, and authorizing
the Mayor to sign.
PUBLIC HEARING:
Consider approval of the proposed text change to amend Section 12-34-7,
Table I (Plant Palette), of the Coppell Code of Ordinances (Zoning), to
expand the list of allowable plantings to include drought tolerant and native
plants.
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Page 3 of 6
ITEM # ITEM DESCRIPTION
15.
16.
Consider approval of an Ordinance to amend Section 12-34-7, Table 1
(Plant Palette), of the Coppell Code of Ordinances (Zoning), to expand the
list of allowable plantings to include drought tolerant and native plants,
and authorizing the Mayor to sign.
Consider approval of the Coppell Family YMCA, Site Plan Amendment, to
allow the addition of approximately 17,500 square feet of building and the
expansion of the parking lot to include 48 additional spaces on
approximately 5.36 acres of property located at 146 Town Center
Boulevard.
17.
18.
19.
20.
21.
22.
23.
PUBLIC COMMENT:
To receive public comment regarding the Wynnpage Plaza South, Site Plan
and Minor Plat.
Consider approval of the Wynnpage Plaza South, Site Plan and Minor Plat,
request to allow the development of an approximately 4,700 square.foot
office building on approximately .626 of an acre of property located along
the west side of Denton Tap Road, approximately 210' south of Wynnpage
Drive.
Consider approval of the St. Joseph Village, Lots 1-4, Block A, Final 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, approximately 1200' east of MacArthur
Boulevard.
Consider approval of the Trinity Shores, Lots 1-19, Final Plat, to allow the
platting of 19 single.family lots and two common areas on approximately
7.2 acres of property located along the south side of Sandy Lake Road,
west of the Trinity River.
Consider appointment of two members to the Keep Coppell Beautiful
Committee.
Necessary action resulting from Work Session.
City Manager's Report.
A. Riverchase walkway.
B. Future work sessions.
24. Mayor and Council Reports.
I ,~..- A. Report by Mayor Sheehan
Coalition.
regarding
Dallas
Regional
Mobility
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Page 4 of 6
ITEM # ITEM DESCRIPTION
Bo
Report by Mayor Sheehan regarding Metroplex Mayors.
Report by Councilmember Stover regarding CMS North Student
Council.
Report by Councilmember Raines regarding YMCA.
Report by Councilmember Garcia regarding the Senior Adult Services
Mayor's Challenge Golf Tournament.
Adjournment.
Candy Sheehan, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this day of ,
2001, at
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S
WEBSITE (www. ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1.800-RELAY, TX 1.800-735.2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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Page 6 of 6
WORK SESSION
B.
C.
D.
E.
Discussion regarding DART Tour.
Discussion regarding FY 2001-2002 Budget.
Discussion regarding fencing materials.
Update on Dallas County Beltline Road Improvements Project.
Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY
AMENDING ARTICLE 9-2 BY REPEALING SECTION 9-2-
1, DEFINITIONS, AND PROVIDING NEW DEFINITIONS;
BY AMENDING SECTIONS 9-2-7 AND 9-2-8; BY
CREATING SECTION 9-2-9 TO PROVIDE FOR
INSPECTION; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Coppell Code of Ordinances be amended by amending Chapter 9,
by repealing Section 9-2-1, Definitions, and providing new definitions, to read as follows:
"ARTICLE 9-2. FENCE REGULATIONS
Sec. 9-2-1. Definitions.
Fence shall mean any construction or hedge greater than eighteen (18")
inches in height and of any material, as provided herein, the purpose of which is
to provide protection from intrusion (both physical and visual), to prevent escape,
mark a boundary, or provide decoration. A wall shall be considered a fence.
Dikes and retaining walls for the purpose of diverting water and retaining soil are
not classified as a fence.
Privacy Fence shall mean upright, stakes attached in such fashion as to
touch side by side.
Picket Fence shall mean an alternating, upright, usually pointed, stakes. A
fence made of upright stakes.
Rail fence shall mean a fence constructed of vertical posts with a bar of
wood, metal or other materials placed horizontally behind such posts.
Ornamental fence shall mean a fence constructed of metal or wrought
iron, constructed with posts and vertical or horizontal bars with the appropriate
finales or ornamental caps.
PAGE 1
43705
Natural fence shall mean a barrier of solid natural plan and/or tree
materials which form an impermeable visual barrier.
Front yard means the open, unoccupied space on a lot facing a street and
extending across the front of a lot between the side yard lines.
Rear yard means a space unoccupied by principal structure extending for
the full width of the lot between a principal structure and the rear lot line.
Side yard means an open unoccupied space on the same lot with the
building, situated between the building and the side line of the lot, and extending
through the street or the front line shall be deemed a side yard."
SECTION 2. That the Coppell Code of Ordinances be amended by
amending Chapter 9, by amending Section 9-2-7 and Section 9-2-8, and creating Section
9-2-9, to read as follows:
"Sec. 9-2-7. Materials and Colors.
A. Fence requirements in residential districts. All fences constructed
within residential districts shall conform to the requirements and be constructed of
the materials and colors as provided for herein.
B. Permitted materials. All fences, as defined herein, constructed within
the City shall only be constructed of the following material:
wood or wood fiber;
metal or wrought iron;
fiberglass, polymerized resin and plastics, or combination
thereof, which such composite material is designed and
constructed for fencing material which is at least one-
quarter (%") inch in thickness;
stone, brick and/or patterned concrete;
plant material from the appropriate palette, as adopted in
Table 1 of Section 12-34-7 of the Code of Ordinances of
the City of Coppell, as amended.
C. Permitted colors. All fences, as defined herein, shall be constructed to
reflect the following colors:
wood - shall be painted or stained of earth tone to include,
but not limited to, browns, grays, or natural wood;
metal - shall be pained to include, but not limited to, black,
fiberglass black, gray;
PAGE 2
4-3705
3. masonry o stone or concrete shall not be painted; color must
be natural materials or finish.
D. Maintenance. All fences shall be maintained so as to comply
with the requirements of this article at all times.
Sec. 9-2-8. Prohibited Fences and Materials.
A. Prohibited fence. A fence electrically charged in any manner or form
is prohibited.
B. Prohibited materials. Materials prohibited in fences are barbed wire,
razor ribbon, sheet metal, plastics or any other similar material. Exception:
Barbed wire is permitted for fencing agricultural or industrial zoned property.
Sec. 9-2-9. Inspection.
Upon completion of installation, the owner of the premises shall request
the building inspector to conduct an inspection. A certificate of acceptance or a
rejection slip indicating the defects in the same will be issued."
SECTION 3.. All provisions of this ordinance of the City of Coppell is an addition
other ordinances or charter provisions; however, in the event this is in conflict with the
provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all
other provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell, Texas.
SECTION 5. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter is such cases provide.
PAGE 3
43705
DULY PASSED by the City Council of the City of Coppell, Texas, this ~ day of
,2001.
APPROVED:
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 10/4/01)
PAGE 4
43705
~:,]T ~-Z~4 208! !5:!8 FBi i'~ICHOL'E, JA ]k,=_-;ON D!LLA'4 '.B6% 8018 TO tB72384786:3
TOTAL PAGE,E1 ,-" ?¢:.k
F
COPPEIJL AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION:
Consider approval of a Proclamation naming the week of October 22 through October 28, 2001 as
RED RIBBON WEEK, and authorizing the Mayor to sign.
SUBMITTED BY: Roy L.Osborne
TITLE: Chief of Police
STAFF COMMENTS:
Along with other Metrocrest Cities, the City of Coppell, through its representatives, has participated in
the Metrocrest Red Ribbon Campaign Committee's efforts to combat alcohol & drug abuse in our
communities.
It is our desire to present a uniformed and visible commitment toward a drug-free community,
particularly, during the Texas Red Ribbon Week, October 22 - 28, 2001. The campaign will include all
segments of our community: schools, churches, businesses & industry, media, and City government.
Various activities are planned to focus the attention toward this effort. Members of the Police
Department as well as various school and city officials will attend a Red Ribbon breakfast on October 10~ to
gear up for the event. McGruff and Coppell Police Officers will make visits to the elementary schools in
Coppell. Red Ribbons will be distributed and worn to promote the week and all city owned vehicles will
display red ribbons.
Therefore, submitted herewith is a proclamation for consideration by City Council to proclaim October
22 - 28, 2001 as RED RIBBON WEEK.
BUDGET AMT $
FINANCIAL COMMENTS :~N~
AMT EST $
DIR. INITIAL,q~~2
Agenda Request ~00
FIN. REVIEW~J~
+\-BID $
CITY MANAGER REVIEW:
Document Name: )rribbon
T H Ill: - G: ! 1' Y · 0 If
COPPELL
Proclamation
WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the
United States, with the 15-24 year old age group dying at a rate which is higher than that of any
other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is
imperative that our community launch a visible, unified prevention education effort directed
toward both youth and adult age groups; and
WHEREAS, Texans' War on Drugs is sponsoring the Red Ribbon Campaign all across
our State during Red Ribbon Week, October 22 through October 28, 2001, to offer Texans the
opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, individuals and groups in business, government, law enforcement,
education, religious institutions, athletic and service organizations, and others will demonstrate
their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during
Red Ribbon Week; and
WHEREAS, the Coppell Police Department desires to present a uniformed and visible
commitment toward a drug-free community, particularly during the Texas Red Ribbon Week,
and plan to involve all segments of our community: schools, churches, businesses and industry,
media, and City employees.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby
proclaim the week of October 22 through October 28, 2001 as
"Red Ribbon Week"
in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to
join in this worthwhile campaign toward a drug-free community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this
day of October 2001.
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
T H E~ C~ I T Y O F'
COPP-ELL
AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # ~
ITEM CAPTION: Presentation by Coppell Middle School North Student Council.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:P~t('
AMT. EST. $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
+\-BID
CITY MANAGER REVIE
Document Name: !Student
AGENDA REQUEST FORM
CITY COLINCIL MEETING: October 9, 2001 ITEM # 7
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING crrY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES
FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
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 _~de against any member of the Council, Mayor, individual, group or
corporation (Charter Article 3, S~ 3.12).
CITY MANAGER'S REVIEW:
~-~I~~~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION:
Consider approval of minutes:
September 25, 2001.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:4/~'
AMT. EST. $
DIR. INITIALS: FIN. REVIEW~
Agenda Request Form - Revised 5/00
+k-BID $
CITY MANAGER REVIEW:
Document Name: %minutes
MINUTES OF SEPTEMBER 25, 2001
The City Council of the City of Coppell met in Regular Called
Tuesday, September 25, 2001, at 6:00 p.m. in the City Council
Town Center, 255 Parkway Boulevard, Coppell, Texas. The
were present:
Candy Sheehan, Mayor
Bill York, Mayor Pro Tem
Greg Garcia,
Jayne Peters,
Diana Raines
Marsha
Doug Stover,
Dave
)n
Also present were City
Attorney Robert Hager.
City
REGULAR
Public)
that a quorum was
Fence.
the Publ~)
arrived during Work Session.
PM TO 7:30 PM.
/COMMITTEE MEMBERS IN
cm09252001
Page 1 of 7
REGULAR SESSION {Open to the Public)
3. Invocation.
Councilmcmber Stover lcd those present in thc invocation.
4. Pledge of ~,llegiance.
Mayor sheehan led those present in the Pledge
At this time a song entitled United We which
and recorded by Lisa Strickland, a a
September 11,2001 tragedy.
of the
Item 9 was considered at
S. Swear in ;e membel
Mayor She and C~
who
}ns
item.
of the following consent agenda items:
approval of minutes: September 11, 2001
September 18, 2001.
',onsider approval of an Ordinance amending the Code of
Ordinances by amending Article 1-10, "Rules, Times and
cm09252001
Page 2 of 7
Procedures for Conducting City Council Meetings;"
authorizing the Mayor to sign.
Ce
Consider approval of an ordinance abandonin
drainage easement located between Lots 20
B of the Fifth Section, North Lake
authorizing the Mayor to sign.
Issues Discussed:
Jim Witt, City Manager, explained that Item
of the City Council meetings to 7:00
time
Action:
Councilmember Tunnell moved
revised, B carrying O
No. 2001-965.
carried 7-0
Peters, Raines
tcilmemb,
in favor of
sA as
C1
~ning the on
to said attack,
Pres
.~sident of DFW Council on
to join her as she read
to Council.
moved to approve Resolution No. 2001-0925.1
on the United States and praising the responders
authorizing the Mayor to sign. Councilmember
the motion; the motion carried 7-0 with Mayor Pro Tem
Councilmembers Garcia, Peters, Raines, Tunnell, Stover and
in favor of the motion.
cm09252001
Page 3 of 7
10.
Consider approval of a resolution to temporarily allocate
voluntary monthly utility donation to the .~merican Red
a non-profit organization, to provide assistance to the
of the terrorists attacks which occurred on Se
2001, for the months of October, November and
2001.
Issues Discussed:
There was discussion regarding how much
donation; and whether the water bill will
this fund.
this
)n on
Action:
Councilmember Tunnell moved
to temporarily
American Red Cros
the victims of
2001, for the
Mayor Pro
on Se
)tion.
to the
to
11,
2001.
· 0 with
11.
City of Coppeil,
No. 2000-922,
through September
ign.
to approve Ordinance No. 2001-966
No. 2000-922, the budget for
through September 30, 2001, and
sign. Councilmember Raines seconded the
7-0 with Mayor Pro Tem York and
Peters, Raines, Tunnell, Stover and Herring
motion.
12.
approval of a Professional Services Agreement
~n the City of Coppell and Looney Ricks Kiss Architects,
., for the preparation of Comprehensive Planning and
cm09252001
Page 4 of 7
Architectural Services for the Old Coppell Historic Area in
amount not to exceed $65,000.00, and authorizing
Manager to sign.
Action:
Councilmember Peters moved to approve
Agreement between the City of Coppell and
Inc., for the preparation of Comprehensive
Services for the Old Coppell Historic Area
$65,000.00, and authorizing the City
York seconded the motion; the
York and Councilmembers
Herring voting in favor of the
a
with
s, Tunnell,
exceed
Tem
Tem
and
13.
Consider approval
registration of
9, by
providing
revocation
this chapter
e~
of
for
susl
and
sign,
local
with
an
mo~ No. 2001-967
providers by amending
Providers"; providing
suspension or revocation of
with this chapter; providing
Dollars ($500.00) per violation, per
and authorizing the Mayor to sign.
:l the motion; the motion carded 7-0 with
Councilmembers Garcia, Peters, Raines,
erring voting in favor of the motion.
14.
of a Resolution approving the Bylaws and
of Incorporation of the Coppell Education
~ment Corporation; and authorizing the Mayor to sign.
cm09252001
Page 5 of 7
Action:
Mayor Pro Tem York moved to approve Resolution No. 200
approving the Bylaws and the Articles of of
Education Development Corporation; and authorizing
Councilmember Peters seconded the motion; the
Mayor Pro Tem York and Councilmembers
Tunnell, Stover and Herring voting in favor of the
15. Comments on Finance Report Award.
Presentation:
Councilmember Stover
awarded the G.F.O.A. Finance
being
16. Necessary actio:
There was no
17.
Dallas/Fort Worth
Implementation
North Texas
regarding Economic
mber Peters regarding Coppell
~mber 29, 2001.
Peters regarding Keep Coppell
Event, Saturday, October 13, 2001.
reported on the Dallas/Fort Worth International
Planning and Implementation Study Partnering
attended and announced that COG has information
their web page. She also discussed the time line they are
at.
cm09252001
Page 6 of 7
Co
Do
Eo
Councilmember Peters reported on the North Texas Conference
Business Industry and Economic Development she
Friday, September 14, 2001.
Councilmember Peters reported on the
Partnership meeting she and Councilmember
,nt
Councilmember Peters announced that
held Saturday, September 29, 2001 at
10:00 a.m. until 1:00 p.m.
be
Councilmember Peters announced
the Parks and Leisure Service~
Wildflower Planting Event
at 9:00 a.m. at Moore
dedication held at that
also
and
that a
;, 2001
a trail
Adjournment.
There being no
was adjourned.
Council,
Mayor
cm09252001
Page 7 of 7
AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION:
Consider approval of an ordinance amending Section 8-1-3 of the Code of Ordinances of the City of Coppell
establishing 40 miles per hour as the maximum prima facie speed limit on Freeport Parkway from its point of
intersection with I.H. 635 to its point of intersection with Creekview Drive, and 30 miles per hour as the
maximum prima fade speed limit on Freeport Parkway from its point of intersection with Creekview Drive to
its point of intersection with Ruby Road; and authorizing the Mayor to sign.
SUBMITTED BY: Teresa Turner, E.I.T.
TITLE: Graduate Engineer
STAFF COMMENTS:
The City has recently completed construction of Freeport Parkway from Bethel Road to Ruby Road. In
accordance with the Code of Ordinances, the recognized speed limit on the new section of Freeport Parkway
is 30 miles per hour. Because Freeport Parkway is in the industrial district of Coppell and was designed as a
four-lane divided minor arterial, the Engineering Department is suggesting the following speed limits:
1)
40 miles per hour from the intersection with I.H. 635 north to the intersection with Creekview Drive
(proposed) to be consistent with other divided streets in the industrial area and to conform to the designed
speed of the roadway;
2) 30 miles per hour from the intersection with Creekview Drive (proposed) north to the intersection with
Ruby Road to allow for a safe transition in speed to State Road, which is currently 30 miles per hour.
Staff recommends approval of this ordinance and will be available to answer any questions at the Council
meeting.
BUDGET AMT.
FINANCIAL COMMENTS:~
AMT EST $
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
FIN. REVIEW:
+X-BID $
CITY MANAGER REVIEW:
Document Name: #engl
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 8-
1-3 OF THE CODE OF ORDINANCES TO ESTABLISH 40 MIl,ES PER HOUR AS
THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR FREEPORT PARKWAY
FROM ITS POINT OF INTERSECTION WITH I.H. 635 TO ITS POINT OF
INTERSECTION WITH CREEKVIEW DRIVE AND TO ESTABLISH 30 MILES
PER HOUR AS THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR FREEPORT
PARKWAY FROM ITS POINT OF INTERSECTION WITH CREEKVIEW DRIVE
TO ITS POINT OF INTERSECTION WITH RUBY ROAD; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That Section 8-1-3 Of the Code of Ordinances of the City of Coppell, Texas
be amended in part to establish the maximum prima facie speed limit for the following street to
read as follows:
DELETE:
STREET PORTION OF STREET
FREEPORT PARKWAY ALL 40
SPEED
MILES PER HOUR
ADD:
STREET
FREEPORT PARKWAY
FREEPORT PARKWAY
PORTION OF STREET
From its point of intersection
with I.H. 635 to its point of
intersection with Creekview Drive
From its point of intersection
with Creekview Drive to its point
of intersection with Ruby Road
SPEED
MII,ES PER HOUR
40
30
SECTION 2. That the traffic engineer is authorized and directed to erect signs necessary to
give notice of the speed limit adopted herein.
SECTION 3. All ordinances, or parts of ordinances, inconsistent or in conflict with
provisions of this ordinance are hereby repealed.
ECTION 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 5. If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 6. Any person, firm or corporation violating any of the provisions of this
ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and,
upon conviction by the Municipal Court of Coppell, Texas shall be punished by a penalty of fine
not to exceed the sm-n of Two Hundred Dollars ($200.00) for each offense; and each and every day
such offense is continued shall constitute a new and separate offense.
SECTION 7. This ordinance shall take effect immediately from and at~er the publication
of its caption, as the law in such cases provides and after official traffic control devices have been
erected giving notice of the speed limit established herein.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~
., 2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
APPROVED AS TO FORM:
LIBBY BALL, CITY SECRETARY
ROBERT E. HAGER, CITY ATTORNEY
T H £ C I 'C Y 0 F
COPPP_,I IT, AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1190, Green Pepper Asian Grill and Noodles, zoning
change from PD- 178R (Planned Development- 178R) to PD- 178R-S.U.P- 1190 (PD 178R, Special Use Permit-
1190), to allow the operation of an oriental restaurant and private club to be located in the Town Center West
Retail Center at 171 N. Denton Tap Road, and authorizing the Mayor to sign.
SUBMITTED BY:
TITLE:
STAFF COMMENTS:
Date of P&Z Meeting:
Decision of P&Z Commission:
Gary L. Sieb
Director of Planning and Community Services
N/A
N/A
On August 16, 2001, the Planning and Zoning Commission unanimously approved this Special Use Permit.
On September 18, 2001, City Council unanimously approved this zoning change.
Staff recommends approval.
Agenda Request Form - Revised 5/00
CITY MANAGER REVI
~S 1190o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM "PD-178R" (PLANNED DEVELOPMENT -
178R) TO "PD178R-S.U.P.-l190" (PLANNED DEVELOPMENT - 178R,
SPECIAL USE PERMIT -1190) TO GRANT A SPECIAL USE PERMIT TO
ALLOW FOR THE OPERATION OF A RESTAURANT WITH PRIVATE
CLUB, LOCATED IN THE TOWN CENTER WEST RETAIL CENTER, 171
NORTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, FLOOR PLAN, ELEVATIONS, AND SIGN PLAN, ATTACHED
HERETO AS EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1190 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 fi-om "PD-178R" (Planned Development -
178R) to "PD178R-S.U.P.-1190" (Planned Development - 178R, Special Use Permit -1190) to grant a
Special Use Permit to allow for the operation of a restaurant with private club, located in the Town
Center West Retail Center, 171 North Denton Tap Road, subject to special conditions, for the property
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
43479
SECTION 2. That the Special Use Permit
approved subject to the following special conditions:
(^)
¢)
for a restaurant, with private club, is hereby
SECTION 3. That the Site Plan, Floor Plan, Elevations, and
The hours of operation shall be Sunday through Saturday fi:om 11:00 a.m. to 10:00 p.m.
The site shall be developed in accordance with the approved site plan, elevations, floor
plan and sign plan, as provided in Section 3 herein.
Sign Plan, attached hereto as
Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby
approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
2 43479
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 mended, 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 zomg
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately fi:om and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
., 2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
ROBERT E. H~GE~ITY ATTORNEY
(REH/cdb 9/26/01) ~
LIBBY BALL, CITY SECRETARY
3 43479
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T H E: C I T Y O F
C-OFF-ELL
AGENDA R QUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # ~
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-186R2, Duke-Freeport, zoning change request from PD-186R (Planned
Development-186 Revised) to PD-186R2 (Planned Development-186R2) to allow for additional monument
signage, to decrease the required parking on Lot 1, and to incorporate the tree mitigation/landscaping plan
on approximately 140 acres of property located along the west side of Coppell Road, between Ruby and
Bethel Roads.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
(PLEASE
SEE ADDITIONAL CONDITIONS ON THE FOLLOWING PAGE)
Agenda Request Form - d 5/00
CITY MANAGER REVIEW:
@PD186R2
CONTINUED CONDITIONS FOR
CASE NO. PD-186R2~ DUKE-FREEPORT
c)
(CONDITION MET)
Staff recommends approval.
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.'_ PD-186R2, Duke-Free2ort
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
September 20, 2001
October 9, 2001
Maxcie Diamond, Assistant Planning Director
Along the west side of Coppell Road, between Ruby and Bethel
Roads
SIZE OF AREA:
Approximately 143 acres of property
CURRENT ZONING:
PD-186R (Planned Development-186 Revised)
REQUEST:
PD-186R2 (Planned Development-186R2) approval.
APPLICANT:
Brook Barefoot
Duke Realty Corporation
5495 Beltline Road, Suite 360
Dallas, Texas 75254
972-361-6714
FAX: 972-361-6800
HISTORY:
TRANSPORTATION:
Page 1 of 6
On September 12, 2000, City Council approved a Conceptual
Planned Development District (PD-186-LI) for industrial uses to
allow the development of 7 office/warehouse facilities on
approximately 143 acres of property. Also approved was a final
plat for this property to allow the construction of the extension of
Freeport Parkrway from Bethel Road to Ruby Road.
On January 9, 2001, City Council approved a Detail Plan for
Tracts 4 and 4x of this PD. Part of this approval was a condition
to prepare a tree mitigation plan for this PD.
The construction of Freeport Parkway is nearly complete through
this property as a C4D/6 four-lane divided built in a six-lane (120-
Item # 7
foot) R.O.W. Bethel Road is proposed to be a C4D, (four-lane
divided within a l l0-foot R.O.W.) west of Freeport Parkway.
East of Freeport Parkway, Bethel Road is a C2U, two-lane
undivided within 50 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North- vacant land, mobile home park, new duplexes; LI, 2F9
South -vacant, single family; LI, SF-12
East - residential and commercial; SF-12, HO-SF-12, HO-C
West -vacant LI (Light Industrial)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
office, showroom, light industrial and warehousing uses.
DISCUSSION:
There are three purposes for this amendment to PD-186R:
· To reduce the parking required for warehouse uses on Tract 1 from
one space per 1,000- square feet to one space per 5,000-square
feet;
· allow for additional monument signage; and
to attach a tree reparation/landscape plan to the PD.
PARKING REDUCTION:
The applicant has stated that the reduction in required parking for warehouse uses within Tract 1
will allow this site to be more marketable, by reducing costs and providing for additional
flexibility in design. This request is similar to the request granted in PD-191, also for Dukes
Reality. In support of the parking reduction in PD-191, the applicant provided various case
studies illustrating that there was a significant mount of under-utilized parking lots in our
industrial district. However, in PD-191, the parking requested was one space per 3,000-square
feet of warehouse, and this request is for one space per 5,000-square feet of warehouse use.
PD-191 was also approved with a Detail Site Plan, which provided for the assurance that if
additional parking is needed, it could be provided on-site while meeting all the City's codes and
ordinances. Staff could support this current request for a reduction in parking if the same
safeguards are in place at the time the Detail Plan is approved.
A related issue is the buffer between this industrial property and the property to the north of
Ruby Road. The revised Concept Plan for Tract 1 has significantly reduced the proposed buffer
between this use and the existing residential development and City-owned property to the north.
The approved Concept Plan provided for a detention area, approximately 70 feet in width
adjacent to Ruby Road. Adjacent to the detention area were three rows of parking (81 feet in
width) which allowed for approx. 150 feet of "relief' with the landscaped areas coupled with the
required parking islands and plantings, before the truck court began. The current Concept Plan
deletes the detention area and provides for only 30 feet of landscaping adjacent to Ruby Road.
Given this residential adjacency, staff recommends that, at a minimum, an additional landscape
buffer and open space be provided along Ruby Road equal to the 70-foot buffer indicated on the
Concept Plan. Staff feels that this increase in landscaping/open space would be a reasonable
Page 2 of 6
Item # 7
trade-off to allow for a significant reduction in the required parking, as well as maintaining a
buffer between these industrial uses, the existing residential development and proposed City
facility to the north. The following conditions have been added to this PD to allow for the
reduced parking and to maintain this buffer:
· Limited to Lot 1 only, the parking for a warehouse use may be reduced to a ratio of
one space per 5,000-square feet. In the event that the demand for parking increases
due to the occupancy characteristics of the building, additional parking shall be
provided, while meeting the requirements of the Landscape Ordinance in effect at the
time that the Detail Plan is approved.
· Along the north property line of Lot 1, adjacent to Ruby Road, a landscape buffer
area, a minimum of 70-feet in width, shall be provided.
SIGN REQUEST:
In summary, the Sign Ordinance permits one 60-foot monument sign per lot on lots greater than
two acres in size, with an additional monument sign (60-square feet) on comer lots, where both
street frontages exceed 500 feet. On non-comer lots with multiple street frontages, two 40-
square-foot signs are permitted. Under those criteria, this Planned Development district would
be permitted six 60-sq.-fL monument signs, and two 40-square-foot signs for a total of 440-
square feet of signs.
This request would allow for one 60-square-foot sign for each of the proposed 7 buildings (6
lots) and allow entry feature signs at the north and south ends of Freeport Parkway. The sign at
the intersection of Freeport Parkway and Ruby Road is proposed to be a 73-square-foot
monument sign adjacent to the proposed detention area. At the intersection of Freeport Parkway
and Bethel, two monument signs are proposed, each containing approximately 168-square feet.
The sign on the west side of Freeport Parkway is proposed to be an industrial park entry sign
identifying the park. The sign proposed for the east side of Freeport Parkway would also be 168-
square feet; however, it is being requested to identify the individual tenants within the park. The
total square footage of the signage requested for this entire PD is 761-square feet, which exceeds
the overall signage permitted by 42%.
Building Monument Signs Permitted Monument Signs Requested
One 73-sq.-ft. entry sign
1 Two 60-sq.-fl. building signs One 60-sq.-ft. building sign
2 Two 40-sq.-ft. building signs One 60-sq.-ft. building sign
3 One 60-sq.-ft. building sign One 60-sq.-ft. building sign
4 One 60-sq.-ft. building sign One 60-sq.-fi. building sign
Two 60-sq.-ft. building signs
5& 6 (1 lot) One 60-sq.-ft. building sign One 168-sq.-ft. entry sign
One 60-sq.-fi. building sign
7 One 60-sq.-ft. building sign One 168-sq.-ft. entry sign
Six 60-sq.-ft. building signs Seven 60-sq.-ft. building signs
Two 40-sq.-ft. building signs One 78-sq.-ft. entry sign
Totals Two 168-sq.-ft. entry signs
440-sq. ft. of signs 761-sq. ft. of signs
Page 3 of 6
Item # 7
Although the number and size of the signs would appear excessive, consideration needs to be
given to the size and location of this property, the proposed locations of the signs and the
benefits to an overall, aesthetically coordinated sign package. All signs will be uniform in terms
of colors, materials, logos, etc. This sign plan also regulates the placement of the signs, in that
they will be limited to Freeport Parkway and Bethel Road only, with no signs on Coppell Road.
The only sign proposed along Ruby Road is at the southeast comer of Ruby Road and Freeport
Parkway, which is an entry-feature sign adjacent to the detention area. Finally, within this 140+
acre park, the lot sizes range in size from 10 to over 50 acres, and if subdivided into smaller lots,
a significantly greater number of signs would be permitted.
Staff's main concern relates to the proposed entry-feature sign at the northeast comer of Freeport
Parkway and Bethel Road. This 168-square-foot sign is proposed to identify individual tenants
in the industrial park. The elevation for this sign includes a potential for 12 names, with pin
mounted lettering. This type of sign is similar to what is found in retail shopping centers. Staff
cannot support this type of sign. If the overall sign package is approved as submitted, this park
will have significantly more signage than is allowed by the sign ordinance or typically found in
the industrial parks in Coppell, and therefore, would be excessive. There also is a concern about
the upkeep and maintenance of this sign, as tenants change, so would the sign, and over time this
could be a problem. Finally, approval of this type of signage is not a desirable precedence to set
in our industrial area. Therefore, staff can only support a park identification sign on the northeast
comer of Bethel Road and Freeport Parkway, if it matches the sign proposed for the northwest
comer of this same intersection.
The following condition has been added to this PD to address this sign plan:
· Monument signs, consistent with the quantity, quality, size, materials, colors and
located in the approximate locations, as indicated on this plan, will be permitted
within this PD, except that the park entry monument sign at the northeast comer of
Bethel Road and Freeport Parkway shall generally match the sign proposed for the
northwest comer of the same intersection.
TREE REPARATION AND LANDSCAPE PLANS
When the Detail Plan for Tracts 4 and 4x (Building 2) was approved, it was subject to a tree
reparation plan being approved. This reparation plan was required to include the provision that
the trees would be replaced within two years from the time that the Certificate of Occupancy was
issued for the first building. Since that time, the applicant has submitted a reparation plan and
the landscape plan for the median of Freeport Parkway and two common areas to partially fulfill
the required reparation. In consultation with the City Attorney, it was determined that it would
be appropriate to attach the reparation plan and this first phase landscape plan to this PD
Amendment, verses preparing a separate legal document. Therefore, the following conditions
have been added to this Planned Development district:
Adding the Tree Mitigation Plan and Landscape Plan for the medians and common areas to the
PD, with the following conditions added to the Tree Mitigation Plan:
Page 4 of 6
Item # 7
b)
c)
All trees required to be installed per the attached reparation plan shall be planted no
later than 24 months from the issuance of the Certificate of Occupancy for the first
building in this PD.
The landscaping in the median of Freeport Parkway shall be as shown on the
attached landscape plan and shall be installed by the applicant (Dukes Reality)
and maintained by the Property Owners Association.
The landscaping and irrigation in the common areas shall be maintained by the
Property Owners Association.
The remaining trees, as required in this mitigation plan, shall be installed as
specified in a) above.
A private license agreement to allow for the installation, irrigation and maintenance of the
landscaping in Freeport Parkway is required to be executed by the City Manager. The
detailed landscape plan and irrigation plan shall be attached to this license agreement.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is reconunending APPROVAL of the revision to PD-186R, subject to the following
revisions to the conditions as noted on the site plan:
1)
2)
3)
The Detail Plan for Tract 1 will provide a 70-foot landscape buffer parallel and
adjacent to Ruby Road.
The park entry monument sign at the northeast comer of Bethel Road and Freeport
Parkway shall generally match the sign proposed for the northwest comer of the
same intersection.
The Tree Mitigation Plan and Landscape Plan for the medians and common areas
shall be attached to and made a part of this PD, with the following conditions noted
on the Tree Mitigation Plan:
a) All trees required to be installed per the attached reparation plan shall be
planted no later than 24 months from the issuance of the Certificate of
Occupancy for the first building in this PD.
b) The landscaping in the median of Freeport Parkway shall be as shown on
the attached landscape plan and shall be installed by the applicant and
maintained by the Property Owners Association.
c) The landscaping and irrigation in the common areas shall be maintained
by the Property Owners Association.
d) The remaining trees, as required in this mitigation plan, shall be installed
as specified in a) above.
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.
Page 5 of 6
Item # 7
ATTACHMENTS:
1) Preliminary Site Plan 1, Sheet A. 1
2) Landscape Tabulations Plan, Sheet L1.01
3) Tree Mitigation Plan For PD 186R2
4) Landscape Plan For Freeport Parkway And Lot 2 West Pond And Lot 4x East Pond.
Page 6 of 6
Item # 7
F
COPPEIJ£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1192, Pizza Inn, zoning change request from C (Commercial) to C-S.U.P
(Commercial, Special Use Permit-1192), to allow the operation of an approximately 1,060 square-foot take-
out/delivery restaurant located in the Coppell Crossing Shopping Center, Lot 5, at 751 MacArthur Blvd.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) The development of this property shall be in accordance with the site plan,
elevations, floor plan and sign plans.
2) The hours of operation being limited to 11 a.m. to 11 p.m., seven days a week.
Staff recommends approval.
DIR. INITIALS: ~~4
Agenda Request Form - Revised 5/00
FIN. REVIEW:~
CITY MANAGER REVIEW:
RS 1192pi
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO: S-1192 Pizza Inn
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
SIZE OF AREA:
September 20, 2001
October 9, 2001
Andrea Roy, City Planner
Coppell Crossing Shopping Center, Lot 5, at 751 MacArthur Blvd.
Approximately 1,060 square feet.
CURRENT ZONING:
C (Commercial)
REQUEST:
C-S.U.P.-1192 (Commercial-Special Use Permit-1192) for a pizza
carry-out/delivery restaurant.
APPLICANT:
Imtiaz Ahmed-President
Victory Management Inc.
d/b/a Pizza Inn
405 Sandy Knoll Drive
Coppell, TX 75019
Phone: 214-629-8921
Fax: 972-432-8174
HISTORY:
There has been considerable development history on the subject
property. A site plan for a 9,942-square-foot retail building and final
plat for this property was denied by City Council on December 14,
1999. On March 2, 2000, the Board of Adjustment granted a variety
of requests for variances and special exceptions for Lot 5, to allow
reduced required setbacks and to allow less than five parking spaces
in a row. On May 9, 2000, City Council approved a final plat and
site plan for the subject lot (Lot 5) to allow a 5,046-square-foot retail
building.
Page 1 of 3
Item # 4
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- mini-warehouse, PD-151 (Commercial)
South -retail, C (Commercial)
East - restaurant, C-S.U.P.-1157 (Commercial-S.U.P.-1157, Burger King)
West - TXU electric transmission line; A (Agriculture)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
retail uses.
DISCUSSION:
This request would allow an approximately 1,060-square
foot Pizza Inn carry-out and delivery restaurant, occupying
the west end of the building. No seating will be available,
as indicated by the floor plan. The requested hours of
operation are 11 a.m. to 11 p.m., seven days a week.
At the request of staff, the applicant has provided a note on
the floor plan, which indicates that the lights immediately
adjacent to the building will remain on during the hours of
operation to ensure the security of both customers and
employees.
The allowable signage 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
permitted with a maximum aggregate effective area on any
one facade 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 a 10.75-square-foot sign on
the south elevation, in compliance with the permitted 16.66
square feet. The letters are proposed to be ivory.
Additionally, at the request of staff, the applicant has
provided a note on the sign details, which indicate that sign
Page 2 of 3
Item # 4
returns will match the existing signage in the shopping center
and that the raceway of the signage will match the material
on which it is mounted.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1192, Pizza Inn, subject to the following
conditions:
1) The hours of operation being limited to 11 a.m. to 11 p.m., seven days a
week.
2) The development of this property shall be in accordance with the site plan,
elevations, floor plan and sign plans.
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)
5)
6)
Site Plan
Floor Plan
Elevations
Sign Elevations
Sign Details
Letter from Mockingbird Management Co.
Page 3 of 3
Item # 4
k
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I
I
I
I
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· /
I
.I
I
o.
ILl
I
PI-18-CL-W
9'-6"
PI-24-CL-W
NOTE:
~- CHANNEL LETrERS WITH WHITE FACES~
ARE ONLY TO'BE USED ON DARKCOIDRED BUILDINGS
BUT ONLY WITH THE APPROVAL OF PIZZA INN
LETTER DISPLAYS ARE AVAILABLE ON RACEWAYS
11'-11"
PI-30-CL-W
14'-4"
I
PI-36-CL-W
16'-9"
PI-42-CL-W
PLEX-FACE CHANNEL LETTERS ~/4,,:~,-o,,
NOTE:
SIGN RETURNS WILL MATCH EXISTING SIGNAGE IN THE SHOPPING CENTER.
RACEWAY OF THE SIGNAGE WILL MATCH THE MATERIAL ON WHICH IT IS MOUNTED.
940 24~ 2352; AU~;2~-O~ 7:56A~; PA~E 1/t
9Y: UOCK~NB~RD
~ANAGaENT;
Mockingbird Management Company
4529 Mahogany Lane
Coppcr Canyon, TX.
75067
940-241-2353
fax 940-241-2352
Augast 21, 2001
Andrea Roy
City pb_mner
City of Coppell
255 Parkway Blvd.
Coppell, TX.
75019
via fax: 972-304-7092
Re: Coppell Crossing Lot 5.
Dear Andrea:
Please be advised that lmtiaz Ahmed owner of Pizza h~n has the attthorization of the
Owner of Coppell Crossing 5 to proceed with iris application for an SUP in thc City of
Coppell.
Trusting tile above to be safi.qt~actory, I remain
Sincerely Yours
Mitchell Vexing, Pf sident
Mockingbird Manage[neat Company
F
¢-O??-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # //
ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is that property owned by ACLP Northlake II, L.P., described
as Northlake 635 Business Park, Block C, Lot 1R (8.044 acres) and located at the northwest corner of
Lakeshore and Crestside Drives, Coppell, Texas.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT.
FINANCIAL COMMENTS:~'
AMT EST $
Agenda Request Form - Revised 5/00
FIN. REVIEW'~
+k-BID $
~C~cTumYe?NAG~EaRmyVIE~~
SPHACLP.doc
NOTICE OF PUBLIC HEARING
OF DESIGNATION O.F REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 9t__h day of October, 2001,
at 7:00 P.M., to consider designation of the property described as
Block C, Lot iR, Northlake 635 Business Park (8.044 acres), located
at the northwest corner of Lakeshore and Crestside Drives, Coppell,
Texas, ACLP Northlake II, L.P., as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into pursuant
to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate September 28, 2001
EXHIBIT "A"
DESCRIPTION, of a 8.044 acre tract of land situated in the Cordelia Bowes Survey, Abstract No. 56, Dallas County,
Texas; said tract including Lot 1. Block C Northlake 6.35 Business Park, an addition to the City of Coppell according
to the plat recorded in Volume 85056, Page 3558 of the Deed Records of Dallas County, Texas, said tract also also
including that same tract of land conveyed to TFS & SONS, LTD. By Special Warranty Deed recorded in Volume 94250,
Page 4951 of the Deed Records of Dallas County, Texas; and including part of several tracts of land described in
deed to ACLP Northlake L.P. as recorded in Volume 99077 Page .324 of Deed Records of Dallas County, Texas, said
8.044 acre tract being more porticulady described as follows:
BEGINNING, at o 1/2-inch iron rod found at the southwest end of a right-of-way corner cllp at the intersection of
the west right-of-way line of Lakeshore Drive (a 60 foot right-of-way) and the north Hght-of-way line of Crsstslde
Drive (a 60 foot right-of-way);
THENCE, South 5.3 degrees, 25:'minutes, 07 seconds West, along the said north right-of-way line Crestslde Drive, a
distance of 109.67 feet to a 1/2-1rich Iron rod found at the beginning of a curve to the right whose center bears
North 36 degrees, 36 minutes, 5;3 seconds West, a distance of .320.00 feet from said point;
THENCE, southwesterly along said north right-of-way line of Crestside Drive, through a central angle of 37 degrees,
06 minutes, 55 seconds an arc distance of 207.29 feet on a chord bearing and distance of South 71 degrees. 56
minutes, .33 seconds West, 205.68 feet to a 1/2-inch Iron rod found at the end of said curve;
THENCE, North 89 degrees, .30 minutes. O0 seconds West. continuing with said north right-of-way line of Crestslde
Drive, a distance of 206.60 feet to a 1/2-Inch Iron rod found for corner, said point being the southwest corner of
said Lot 1, Block C, and being the beginning of a curve to the right whose center bears North O0 degrees, 30 minutes
East, a distance of 520.00 feet from said point;
THENCE, northwestsdy along said north right-of-way line of Crestside Drive, through a central angle of 90 degrees,
O0 minutes, O0 seconds an arc distance of 502.65 feet on a chord bearing and distance of South 44 degrees, .30
minutes, O0 seconds West, 452.55 feet to a 1/2-inch iron rod found at the end of said curve;
THENCE, North O0 degrees, 30 minutes, O0 seconds East, continuing with said east right-of-way line of Crestside
Drive, o distance of 234.00 feet to a 1/2-inch iron rod found for comer, said po;nt being the southwest corner of
the Essex Wire Addition, recorded in Volume 87189, Page 3370 alr Deed Records of Dallas County;,
THENCE, South 89 degrees, 30 minutes, O0 seconds East, departing said east righ[-of-way line of Crestside Drive,
along the south Ilne of said Essex Wire Addltlon a distance of 520.00 feet to a 1/2-Inch Iron rod found for corner,
said point being In the west line of a tract at' land conveyed to TFS & SONS, LTD. by Special Warranty Deed recorded
In Volume 94250, Page 4931 of the Deed Records of Dallas County, Texas;
THENCE, South O0 degrees, 30 minutes, O0 seconds West, a distance of 49.70 feet to a 1/2-Inch iron rod found for
corner, said point being In the west line of a tract of land conveyed to TFS & SOr~S, LTD. by Special Warranty Deed
recorded in Volume 94250, Page 4931 of the Deed Records of Dallas County, Texas;
THENCE, South 89 degrees, 30 minutes, O0 seconds East, a distance of 320.00 feet to a 1/2-inch iron rod found for
corner in the said west right-of-way line of Lakeshore Drive, said point being the beginning of a curve to the left
whose center bears South 89 degrees, 30 minutes, 03 seconds East, a distance of 380.00 feet from said point;
THENCE, southeasterly along said west right-of-way line of Lakeshore Drive, through a central ~ngle of 37 degrees,
06 minutes, 50 seconds an arc distance of 246.15 feet on a chord bearing and distance of South 18 Degrees, 03 minutes,
28 seconds East, 241.87 feet to a 1/2-Inch Iron rod found at the end of sold curve;
THENCE, South 36 degrees, .%6 minutes, 53 seconds East, along the sold west right-of-way Ilne of Lakeshore Drive, a
distance of 154.24 feet to a 1/2-1nth iron rod found at the northeast end of said corner clip;
THENCE:, South 08 degrees, 23 minutes, 07 seconds West, along said comer cllp, a distance of 21.21 feet to the POINT
OF BEGINNING;
CONTAINING, 350,390 square feet or 8.044 acres of land more or less.
COPPELL TECH CENTER II
T H E C I T Y 0 F
C OPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION: Consider approval of an Ordinance designating the ACLP Northlake II,
Reinvestment Zone No. 35, and authorizing the Mayor to sign.
L.P.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS
AMT. EST. $
DIR. INITIALS: ~~
Agenda Request Form - Revised 5/00
FIN. REVIE~
+\-BID $
CITY MANAGER REVIEW:
Document Name: SACLP.DOC
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 35; PROVIDING ELIGIBILITY OF ~
ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS TItAT Tl:[E AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO
Tl:lE LAND AND TItE CITY; PROVIDING A SEVERABIL1TY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published
in a newspaper having general circulation in the City and has delivered such notice to the presiding
officer of the goveming body of each taxing unit that includes in its boundaries real property described
herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, TIIEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1: That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will be
of benefit to the property and contribute to the economic development of the City. The City Council
further finds that the improvements sought are feasible and practicable and would be of benefit to the
land to be included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
property described in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby
designated as a reinvestment zone and for identification is assigned the name "Re'investment Zone No.
1 41294
SECTION 3. That the property within Reinvestment Zone No. 35 is eligible for commercial-
industrial tax abatement effective on January 1, 2002.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance
as a whole or any part or provision thereofi other than the part so decided to be invalid or
unconstitutional.
SECTION 5. That all provisions 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 6. This ordinance shall take effect immediately from and after its passage, as the
law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ~ day of
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
APPROVED AS TO FORM:
LIBBY BALL, CITY SECRETARY
PETER G. SMITH, CITY ATTORNEY
0'GS/jnm)
2 41294
EXHIBIT "A"
DESCRIPTION, of a 8.044. acre tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, Dallas County,
Texas; said tract including Lot 1, Block C Northlake 655 Business Park, an addition to the City of Coppell according
to the plat recorded in Volume 85056, Page 3358 of the Deed Records of Dallas County, Texas, said tract also also
including that same tract cf land conveyed to TF'S & SONS, LTD. By Special Warranty Deed recorded in Volume 94.250,
Page 4.951 of the Deed Records of Dallas County, Texas; and including part of several tracts of land described in
deed to ACLP Northlake L.P, ae recorded in Volume 99077 Page 524. of Deed Records of Dallas County, Texas, said
8.04.4. acre tract being more particularly described aa follows:
BEGINNING, at a 1/2-inch iron rod found at the southwest end of a right-of-way corner cllp at the intereectlon of
the west right-of-way line of Lakeshore Drive (a 60 foot right-of-way) and the north right-of-way line of Crestside
Drive (a 60 foot right-of-way);
THENCE, South 55 degrees, 25'~mlnutee, 07 seconds West, along the said north right-of-way line Crestside Drive, a
distance of 109.67 feet to a 1/2-inch Iron rod found at the beginning of a curve to the right whose center bears
North 56 degrees, 56 minutes, 55 seconds West, a distance of 520.00 feet from said point;
THENCE, southwesteHy along said north right-of-way line of Cresteide Drive, through a central angle of 37 d~grees,
06 minutes, 55 seconds an arc distance of 207.29 feet on a chord bearing and distance of South 71 degrees, 56
minutes, .7,5 seconds West, 205.68 feet to a 1/2-inch iron rod found at the end of said curve;
THENCE, North 89 degrees, 50 minutes, O0 seconds West. continuing with said north right-of-way line of Crestslde
Drive, a distance of 206.60 feet to a 1/2-Inch Iron rod found for corner, said point being the southwest corner of
said Lot 1, Block C, and being the beginning of a curve to the right whose center bears North O0 degrees, 50 minutes
East, a distance of 520.00 feet from said point;
THENCE, northwesterly along said north right-of-way line of Crestslde Drive, through a central angle of 90 degrees,
O0 minutes, O0 seconds an arc distance of 502.65 feet on a chord bearlng and distance of South 44 degrees, 50
minutes, O0 seconds West, 4.52.55 feet to a 1/2-inch iron rod found at the end of said curve;
THENCE, North O0 degrees, 50 minutes, O0 seconds East, continuing with said east right-of-way line of Crestslde
Drive, a distance of 254.00 feet to a 1/2-inch iron rod found for comer, said point being the southwest corner of
the Essex Wire Addition, recorded in Volume 87189, Page 3570 of Deed Records of Dallas County;,
THENCE, South 89 degrees. 50 minutes, O0 seconds East, departing said east right-of-way line of Crestside Drive,
along the south line of said Essex Wire Addition a distance of 320.00 feet to a 1/2-Inch Iron rod found for comer.
said point being in the west line of a tract of land conveyed to TFS & SONS, LTD. by Special Warranty Deed recorded
In Volume 94250, Page 4951 of the Deed Records of Dallas County, Texas;
THENCE, South O0 degrees, 50 mlnutes, O0 seconds West, a distance of 4.9.70 feet to o 1/2-inch iron rod found for
corner, said point being In the west line of a tract of land conveyed to TFS & SONS, LTD. by Special Warranty Deed
recorded in Volume 94250, Page 4951 of the Deed Records of Dallas County, Texas;
THENCE, South 89 degrees, 50 minutes, O0 seconds East, a distance of 520.00 feet to a 1/2-inch iron rod found for
corner in the said west right-of-way line of Lokeshore Drive, said point being the beginning of a curve to the left
whose center bears South 89 degrees, 50 minutes, 05 seconds East. a distance of 580.00 feet from said point;
THENCE, southeasterly along said west right-of-way line of Lakeshore Drive, through a central angle of 37 degrees,
06 minutes, 50 seconds an arc distance of 24.6.15 feet on a chord bearing and distance of South 18 Degrees, 05 minutes,
28 seconds East, 241.87 feet to a 1/2-inch Iron rod found at the end of said curve;
THENCE. South 56 degrees, 36 minutes, 55 seconds East, along the said west right-of-way line of Lokeshore Drive, a
distance of 154.24. feet to a 1/2-Inch iron rod found at the northeast end of sold comer clip;
THENCE, South 08 degrees, 25 minutes, 07 seconds West, along said comer clip, a distance of 21.21 feet to the POINT
OF BEGINNING;
CONTAINING, 350,590 square feet or 8.044 acres of land more or less.
COPPELL TECH CENTER II
T H E G I T Y0 F
COt;3 i i L AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM
ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and ACLP Northlake II, L.P., and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS: City Council is scheduled to conduct a public hearing regarding the designation of
the reinvestment zone on October 9, 2001. The Coppell Economic Development Committee unanimously
recommended approval of this abatement agreement request on May 2, 2001.
BUDGET AMT. $
FINANCIAL COMMENTS :X~X,'~'
AMT EST $
DIR. INITIALS:~ ~
Agenda Request Form - Revised 5/00
FIN. REVIEW[~
+k-BID $
CITY MANAGER REViEW~~,.
Document Name: SRESACLP.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND ACLP NORTHLAKE H, L.P.;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppcll, Texas and ACLP Northlake II, L.P., a copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor shOuld be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The City Council finds that the improvements proposed to be built upon the
premises described in the Agreement will enhance the economic vitality of the community through
a combination of new capital investment, increased sales tax revenues, and the creation of additional
job oppommities.
SECTION 3. The
inventory, and supplies.
SECTION 4. The
tax abatement to be granted by the Agreement will not include
improvements proposed
abatement guidelines of the City of Coppell, Texas.
for the premises will accomplish the tax
1 41301
SECTION 5. The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by
the affLrmative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and a~er its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ~ day of ,2001.
CITY OF COPPELL, TEXAS
CANDY SHEEHAN, MAYOR
ATTEST:
/r TER a.
0'OS/jmh)
FORM:
~JI~ITY ATTORNEY
LIBBY BALL, CITY SECRETARY
2 41301
STATE OF TEXAS §
COUNTY OF DALLAS §
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the "Agreement") is entered into by and between the City
of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and ACLP Northlake
II, L.P. ("Owner"), acting by and through its authorized officer.
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 35 (the "Zone"),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and
WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner's development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), the contemplated improvements to the Premises thereto in the amount set forth in this
Agreement, and the other terms hereof are consistent with encouraging development of the Zone in
accordance with the purposes for its creation and/or in compliance with the Tax Abatement
Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and
WHEREAS, the City Council fmds that the improvements sought axe feasible and
practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone
and to the City after expiration of this Agreement; and
WltEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
TAX ABATEMENT AGREEMENT - Page 1 41297
WHEREAS, the City desires to enter into an agreement with Owner, the current owner of
the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to
Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
GENERAL PROVISIONS
1. Owner is the owner of the real property described in Exhibit "A" attached hereto and
made a part hereof for all purposes (the "Land" hereinafter defined), which real property is located
within the city limits of the City and within the Zone.
2. The Premises are not in an improvement project financed by tax increment bonds.
3. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
4. The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
TAX ABATEMENT AUTHORIZED
5. This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City
authorizing the execution of this Agreement.
6. Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements is at least Five Million Five Hundred Thousand Dollars
($5,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year
thereafter this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five
percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years.
The actual percentage of Taxable Value of the Improvements subject to abatement for each year this
Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that
exceeds the Base Year Taxable Value for the Land, the year in which this 'Agreement is executed
(base year/2001).
7. The period of tax abatement herein authorized shall be for a period of five (5) years.
TAX ABATEMENT AGREEMENT - Page 2 4 ! 297
8. During the period of tax abatement herein authorized, Owner shall be subject to all
City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. The "Base Year Taxable Value" shall mean the Taxable Value for the Land
for the year in which the Tax Abatement Agreement is executed (2001).
B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or
termination of Owner's existence as a going business, insolvency, appointment of
receiver for any part of Owner's property and such appointment is not terminated within
ninety (90) days after such appointment is initially made, any general assignment for the
benefit of creditors, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Owner and such proceeding is not dismissed within ninety
(90) days after the filing thereof.
C. The "First Year of Abatement" shall mean January 1 of the calendar year
immediately following the issuance of a certificate of occupancy for the Improvements or
2003, whichever is later.
D. "Force Majeure" shall mean any contingency or cause beyond the reasonable
control of Owner including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, adverse weather, government or de facto governmental action
(unless caused by acts or omissions of Owner), fires, explosions or floods, strikes,
slowdowns or work stoppages.
E. The "Improvements" shall mean the contemplated improvements to be
constructed on the Premises and as further described herein.
F. The "Land" shall mean the real property described in Exhibit "A" attached
hereto and incorporated herein for all purposes.
G. The "Premises" shall mean the Land described in Exhibit "A" including the
Improvements but excluding Tangible Personal Property.
H. "Taxable Value" means the appraised value as certified by the Appraisal
District as of January 1 of a given year.
I. "Tangible Personal Property" shall mean tangible personal property,
equipment and fixtures other than inventory or supplies added to the Premises subsequent
to the execution of this Agreement.
TAX ABATEMENT AGREEMENT - Page 3 41297
IMPROVEMENTS
10. Owner owns the Land and agrees to construct or cause to be constructed thereon
office/warehouse facility located at 1322 Crestside Drive known as Coppell Tech Center II,
containing approximately 88,179 square feet (and other ancillary facilities such as reasonably
required parking and landscaping more fully described in the submittals filed by Owner with the
City from time to time in order to obtain a building permit) (the "Improvements"). The cost of the
Improvements after tenant finishout, excluding the Land, shall be at least Seven Million Five
Hundred Thousand Dollars ($7,500,000). Nothing in this Agreement shall obligate Owner to
construct the Improvements on the Land, but said action is a condition precedent to tax abatement
pursuant to this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Owner will diligently and faithfially, in good and workmanlike manner, and pursue the
completion of the contemplated Improvements on or before December 31, 2002, as good and
valuable consideration for this Agreement, and that all construction of the Improvements will be in
accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof);
provided, that Owner shall have such additional time to complete and maintain the Improvements as
may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing
completion of the Improvements.
12. Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with ail applicable state and local laws, codes, and regulations. Owner agrees that the
Improvements shall be used only as a flex building with office and light warehouse use for a period
of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements.
13. The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Owner, and in accordance with Owner's visitor access and security policies, in order to insure that
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
14. Construction plans for the Improvements constructed on the Premises will be filed
with the City, which shall be deemed to be incorporated by reference herein and made a part hereof
for all purposes.
15. After completion of the Improvements, Owner shall certify in writing to the City the
construction cost of the Improvements. Owner shall also annually certify to the City that it is in
compliance with each term of the Agreement.
TAX ABATEMENT AGREEMENT - Page 4 41297
16. The Premises and the Improvements constructed thereon at all times shall be used in
the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and
(ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
17. Owner agrees to provide to the tenants of the Improvements, the benefit of the
abatement of taxes granted herein. Owner shall, upon written request, provide the City with
satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the
Premises.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event Owner: (i) fails to complete the Improvements in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquent ad valorem or sales taxes owed to the City with respect to the Premises (provided Owner
retains its right to timely and properly protest such taxes or assessment); (iii) has any "Event of
Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this Agreement,
then Owner, after the expiration of the notice and cure periods described below, shall be in default
of this Agreement. As liquidated damages in the event of such default, Owner shall, within thirty
(30) days after demand, pay to the City all taxes which otherwise would have been paid to the City
without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as
determined by Section 33.01 of the Tax Code as amended but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The parties further agree that any abated tax, including interest as a result of
this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a
tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30)
days after termination.
19. Upon breach by Owner of any obligations under this Agreement, the City shall
notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default,
then the City may extend the period in which the violation must be cured.
20. If Owner fails to cure the default within the time provided as specified above or, as
such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement by written notice to Owner.
21. Upon termination of this Agreement by City, all tax abated as a result of this
Agreement shall become a debt to the City as liquidated damages, and shall become due and
payable not later than sixty (60) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements without tax abatement for the years in which tax
abatement hereunder was received by Owner with respect to the Improvements as determined by
TAX ABATEMENT AGREEMENT - Page 5 41297
the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City
Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent
taxes and shall commence to accrue after expiration of the sixty (60) day payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION
22. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual
exemption application form with the Chief Appraiser for each Appraisal District in which the
eligible taxable property has situs. A copy of the exemption application shall be submitted to the
City upon request.
SUCCESSORS AND ASSIGNS
23. This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
Agreement may be assigned with the written consent of the City Manager, which will not be
unreasonably withheld or delayed. After any permitted assignment, all references to Owner herein
shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities
occurring or arising after the date of such assignment.
NOTICE
24. All notices required by this Agreement shall be addressed to the following, or other
such other party or address as either party designates in writing, by certified mail, postage prepaid,
or by hand or overnight delivery:
If intended for Owner, to:
ACLP Northlake II, L.P.
17300 Dallas Parkway, #2010
Dallas, Texas 75248
With copy to:
Northlake II CMC, Inc.
C/o CMC Commercial Realty Group
17300 Dallas Parkway, Suite 200
Dallas, Texas 75248
And with copy to:
Richard O. Kopf
Munsch Hardt Kopf & Harr, P.C.
1445 Ross Avenue
Suite 4000
Dallas, Texas 75202
TAX ABATEMENT AGREEMENT - Page 6
41297
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
25. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
SEVERABILITY
26. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
APPLICABLE LAW
27. This Agreement shall be construed under the laws of the State of Texas. Venue for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
COUNTERPARTS
29. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same instrument.
ENTIRE AGREEMENT
29. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein cannot be modified without
written agreement of the parties to be attached to and made a part of this Agreement.
TAX ABATEMENT AGREEMENT - Page 7 41297
CONVENANTS RUNNING WITH THE PREMISES
30. The provisions of this Agreement are hereby declared covenants running with the
Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right,
title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title,
or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and
fully perform the provisions of this Agreement with respect to the right, title or interest in such
Premises.
31.
County, Texas.
RECORDATION OF AGREEMENT
A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
33. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
EXECUTED in duplicate originals this the __ day of ,2001.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
AGREED AS TO FORM:
LIBBY BALL, CITY SECRETARY
TAX ABATEMENT AGREEMENT - Page 8 41297
EXECUTED in duplicate originals this the~:~__ day of (.J.,t~./, 2001.
ACLP NORTHLAKI~II, L.P., a Texas limited
parmership
By:
ACLP Northlake II GP, Inc., a Texas
corporation, its general partner
SUE Si:tE'~TON--
EXECUTIVE VICE PRESIDENT
TAX ABATEMENT AGREEMENT - Page 9 41297
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of ,
2001, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
My Commission Expires:
Notary Public, State of Texas
TAX ABATEMENT AGREEMENT - Page 10 41297
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of F~. ,
2001, by Sue Shelton being the Executive Vice President of ACLP Northlake '~I GP~. Inc., a
Texas corporation, general partner of ACLP Northlake II, L.P. on behalf of said partners]~ip.
'-~tary Public,'Stat~of Texas
My Cornr~~lSi-r~-~-~'~'~'--~
~ ' ~ c~m, exp.uo-,~-~
TAX ABATEMENT AGREEMENT - Page l 1 41297
EXHIBIT "A"
DESCRIPTION, of a 8.044 acre tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, Dallas County,
Texas; said tract including Lot 1, Block C Northlake 635 Business Part<, an addition to the City of Coppell according
to the plat recorded in Volume 85056, Page 3358 of the Deed Records of Dallas County, Texas, said I~ract also oleo
including [hat same tract of land conveyed to 'rF'S & SONS, LTD. By Special Warranty Deed recorded in Volume 94250,
Page 49551 of the Deed Records of Dallas County, Texas; and including part of several tracts of land described in
deed to ACLP Northlake L.P. as recorded in Volume 99077 Page .324 of Deed Records of Dallas County, Texas, said
8.044 acre tract being more pcrticularly described as follows:
BEGINNING, at a 1/2-inch iron rod found at the southwest end of a right-of-way corner clip at the intersection of
the west right-of-way line of Lakeshore Drive (a 60 foot right-of-way) and the north right-of-way tlne of Crestslde
Drive (a 60 foot right-of-way);
THENCE, South 555 degrees, 255 minutes, 07 seconds West, along the said north right-of-way line Crestslde Drive, a
distance of 109.67 feet to a 1/2-Inch ~ron rod found at the beginning of a curve to the right whose center bears
North ,36 degrees, 556 minutes, 53 seconds West, a distance of 520.00 feet from said point;
THENCE, southwesterly along said north right-of-way line of Crestside Drive, through a central angle of ,37 d~=grees,
06 minutes, 55 seconds an arc distance of 207.29 feet on a chord bearing and distance of South 71 degrees, 56
minutes, .35 seconds West, 20.3.68 feet to a 1/2-Inch Iron rod found at the end of said curve;
THENCE, North 89 degrees, .30 minutes, O0 seconds West, continuing with said north right-of-way line of Crestslde
Drive, a distance of 206.60 feet to a 1/2-inch iron rod found for comer, sold point being the southwest corner of
said Lot 1, Block C, and being the beginning of a curve to the right whose center bears North O0 degrees, .30 minutes
East, a distance of 5520.00 feet from said point;
THENCE, northwesterly along said north right-of-way line of Crestslde Drive, through a central angle of 90 degrees,
O0 minutes, O0 seconds on arc distance of 502.65 feet on a chord bearing and distance of South 44 degrees, 550
minutes, O0 seconds West, 452.55 feet to a 1/2-inch iron rod found at the end of said curve;
THENCE, North O0 degrees, 550 minutes, O0 seconds East, continuing with said east right-of-way line of Crestside
Drive. c distance of 2.34..00 feet to a 1/2-inch iron rod found for comer, said point being the southwest corner of
the Essex Wire Addition, recorded in Volume 87189. Page .3.370 of Deed Records of Dallas County;,
THENCE, South 89 degrees, 550 minutes, O0 seconds East. departing said east right-of-way line of Crestside Drive,
along the south line of said Essex Wlre Addition a distance of .320.00 feet to o 1/2-Inch Iron rod found for corner,
said point being in the west line of a tract of land conveyed to 'iT'S & SONS, LTD. by Special Warranty Deed recorded
In Volume 94250, Page 49551 of the Deed Records of Dallas County, Texas;
THENCE, South O0 degrees, 50 mlnutes, O0 seconds West, o distance of 49.70 feet to a 1/2-Inch iron rod found for
corner, said point being In the west line of a tract of land conveyed to TFS & SOrtS, LTD. by Special Warranty Deed
recorded In Volume 94250, Page 49551 of the Deed Records of Dallas County, Texas;
THENCE, South 89 degrees, 550 minutes, O0 seconds East, <3 distance of .:320.00 feet to a 1/2-inch iron rod found for
corner in the said west right-of-way line of Lokeshore Drive, said point being the beginning of a curve to the left
whose center bears South 89 degrees, .30 minutes, 0.3 seconds East. a distance of 5580.00 feet from said point;
THENCE, southeasterly along said west right-of-way line of Lakeshore Drive, through a central angle of .37 degrees,
06 minutes, 50 seconds an arc distance of 246.15 feet on a chord bearing and distance of South 18 Degrees, 0.3 minutes,
28 seconds East, 24.1.87 feet to a 1/2-inch Iron rod found at the end of said curve;
THENCE, South 556 degrees, 556 minutes, 5.3 seconds East, along the sold west right-of-way llne of Lakeshore Drive, a
distance of 154.24 feet to o 1/2-inch iron rod found at the northeast end of sold corner clip;
THENCE, South 08 degrees, 2.3 minutes, 07 seconds West, along said corner clip, a distance of 21.21 feet to the POINT
OF BEGINNING;
CONTAINING, 5550,5590 square feet or 8.044 acres of land more or less.
COPPELL TECH CENTER II
T H E: C I T Y 0 F
C-OPP-ELL
AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # __~~
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the proposed text change to amend Section 12-34-7, Table 1 (Plant Palette), of the
Coppell Code of Ordinances (Zoning), to expand the list of allowable plantings to include drought tolerant
and native plants.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark
and Stewart voting in favor. None opposed.
Staff recommends approval.
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
~PlantPz
Revision to the Coppell Plant Palette
Table 1, Section 34 of the Coppell Zoning Ordinance
C.C. HE~G DATE:
October 9, 2001
P & Z HEARING DATE: September 20, 2001
PARKS & RECREATION BOARD DATE: August 6, 2001
STAFF REPS.:
Andrea Roy, City Planner
Amanda Vanhoozier, Community Programs Coordinator
John Elias, Landscape lVlanager
DISCUSSION:
Due to the recent extreme summer temperatures and long time
periods with no precipitation, the City Council directed staff to
review the City's existing Plant Palette to consider including more
drought-resistant plants. In May, the Plant Palette Committee was
formed including representatives from Keep Coppell Beautiful and
the Planning and Zoning Commission. The departments of Planning
and Parks and Leisure Services provided staff support.
The Plant Palette Committee compiled a suggested revised plant
palette, and surveyed numerous area nurserymen, landscape
architects, and horticulturists to review and comment upon the list. A
combination of staff review and the survey comments produced the
attached proposed revised plant palette. Many of the proposed new
plants are Native Texas Plants, while others were recommended due
to their known viability in this region.
The revised plant palette is intended to provide the development
community with a wider variety of plantings compatible to the
region, as well as expand those plantings that are native to the
region and naturally more drought tolerant. The revised plant
palette also includes some species that are not strictly native or
drought tolerant, but round out the plant palette with additional up-
to-date plantings, which are commonly used in this area. The
Committee also ensured that plantings placed on the palette are
available to area nurseries. The attached revised Plant Palette
includes the current plant list and the plantings to be added, as well
as their characteristics. It should be noted that the Plant Palette
applies only to commercial development projects, which are
reviewed during the site plan process and does not regulate
individual residential properties.
Item #12
Additionally, the revised Plant Palette was reviewed and
commented upon by the Parks and Recreation Board. It is staff's
understanding that there were no objections to the proposed
revisions by the members of the Parks and Recreation Board.
ATTACHMENTS:
1)
Proposed Plant Palette
Item # 12
City of Coppell Plant Palette
Trees: Range: 20'-60' (AND UP)
Common Name Latin Name =, Notes:
Austdan Pine Pinus nigra
Bald Cypress Taxodium distichum x
Bur Oak Quercus macrocerpa x
Cedar Elm Ulmus crassifolia x
I Chinese Pistache Pistacia chinensis
Chinquapin Oak Quercus muhlenbergii x
Eastern Red Cedar Juniperus virginiana x
Eldadca Pine (Afghan Pine) Pinus eldadce
Leyland Cypress Cupressocyparis leylandi
Live Oak Querc_~s virginiana x
Pec~_n Carya illinoinensis x
Shumard Red Oak Quercus shumardi x
Sweet Gum Liquidambar styraciflua x
Western Soapberry Sapindus drummondii x
.o_ E
Big Tooth Maple Acer grandidentatum x x
Common Persimmon Diospyros virginiana x x
Green Ash 'Marshall S==dless' Fraxinus pennsylvanica x
Lacebark (Drake) Elm Ulmus parvifolia sempervirens x
Pond Cypress Taxodium ascendens x
Red Maple 'October Glory' Acer Rubrum 'October Glory' x
Southem Magnolia Magnolia grandiflora x
Texas Ash Fraxinus texensis x x
Texas Red Oak Quercus Buckleyi x x
Urbanite Ash Fraxinus pennsylvanica ................. · Excellent tree. Very durable. New species,
J J recently developed.
City of Coppell Plant Palette
Accent Trees: Range: 10'-20' Typical
_>
Common Name Latin Name ~ Notes:
^ristrocrat Pear Pyrus calleryana'Aristocrat'
Carolina Cherry Laurel Prunus caroliniana
Chaste Tree Vitex agnus-castus
Crabapple Malus augustifolia or spp.
Crapemyrtle Lagerstroemia indica
Deciduous Holly Ilex decidua x
Desert Willow Chilopsis lineads x
Eastern Redbud Cercis canadensis x
Flameleaf Sumac Rhus copallina x
Foster' Holly Ilex x attenuatta 'Foster'
Japanese Maple Acer palrnatum
Mexican Plum Prunus mexicana x
Southern Wax Myrtle Myfica cerifera
Texas Sophora (Eve's Necklace) Sophora affinis x
Wild Plum Prusus arnericana x
Yaupon Holly Ilex vomitoria x
.9 E
Carolina Buckthom Thamnus caroliniana x x
East Palatka' Holly !ilex x attenuata 'East Palatka' .> Generally drought tolerant, a nice
Mexican Buckeye Ungnadia speciosa x x evergreen, good for screening and
Redbud 'Forest Pansy' Cerc s canandensis x x grows well in any soil.
Redbud 'Oklahoma' Cercis yexensis x x
Rough-Leaf Dogwood Comus drummondii x x
Rusty Blackhaw Viburnum Viburnum rufldulum x x
Savannah Holly Ilex 'Savannah' .> Durable evergreen tree, provides good
American Srnoketree Cotinus abovatus x x color, blooms in spring and contains
Southem Magnolia 'Little Gem' Magnolia grandiflora "Little Gem" x berries in winter.
Texas Redbud Cercis cenadensis var. texensis x x
Texas Persimrnon Diospyros texana x x
Washington Hawthorn Crataegus phaenopyrum x
Weeping Yaupon Holly Ilex vornitoria 'Pendula' x
City of Coppell Plant Palette
Shrubs: Range: 3'-$' Typical
Common Name Latin Name
Abelia Abelia grandiflora
Ioxwood Buxus microphylla
Carissa Holly Illex cornuta 'Carissa'
Dwarf Abelia Abelia grandiflora 'Compacta'
)warf Burford Holly Ilex cornuta 'Burfordii Nana'
Dwarf Chinese Holly Ilex cornuta 'Rotunda'
Dwarf Crapemyrtle
Dward Needlepoint Holly
Lagerstroemia indica 'Nana'
Ilex cornuta 'Needlepoint'
)warf Yaupon Holly lex vomitoria 'Nana'
Elaeagnus
Gulfstream Nandina
Indian Hawthorn
Juniper
Leatherleaf Mahonia
Elaeagnus pungens
Nandina domestica 'Gulfstream'
Thapiolepsis indica
Juniperus chinensis
Mahonia bealei
Nandina Nandina domestica
Nellie R. Stevens' Holly Ilex x 'Nellie R. Stevens'
Pampas Grass Cortaderia selloana
Red-leafed Japenese Barberry
Texas Sage
TO BE REMOVED:
ADDITIONS:
Berberis thunbergii 'Atropurpurea'
Leucophyllum frutescens
Abelia 'Edward Goucher'
American Beautyberry
Aromatic Sumac
Aucuba
Chinese Fringe Flower
Cleyera
Compact Nandina
Coralberry
Dwarf Wax Myrtle
Flowering Quince
Oakleaf Hydrangea
Red Yucca
Abelia grandiflora 'Edward Goucher'
Callicarpa americana
Rhus aromatica
xX:
Aucuba japonica
Loropetalum chinese 'Hines Purpleaf' x
Ternstroemia gymnanthera
:
Nandina d. compacta
Symphoricarpos orbiculatus I x
Myrica pusilla x
Chaenomeles japonica
Hydrangea quercifolia erhthrosoa
Hesperaloe parriflora
Rose Glow Barberry Berberis thunbergii 'Rose Glow'
Spiraea Spirea spp.
Lu~lustrum lucidum varie~lata
tariegated Li~iustrum
Notes:
Very durable evergreen shrub-grows
well in any soil. Relatively drought
olerant. Excellent screening shrub: with
Excellent in mass plantings. Grows well
in shade-ideal for courtyard% etc.
Used frequently-a show plant. Provides
x ! ISpringlFall color.
City of Coppell Plant Palette
Ground Cover:
0
Common Name Latin Name z Notes:
Asian Jasmine Trachaelospermum asiaticum
Bar Harbor Trailing Juniper Juniperus horizontalis 'Bar Harbo(
Blue Pacific Trailing Juniper Juniperus conferta"Blue Pacific'
Harbour Dwarf Nandina Nandina domestic
Liriope Liriope muscari
Mondograss (monkeygrass) Ophiopogon japonicus
Moneywort Lysimachia nummularia
Purple Wintercreeper Euonymus fortunei 'Colorata'
Tam Juniper Juniperus sabina 'tamariseifolia'
TO BE REMOVED:
~ ~"-,,--- ~',~"-~"," (Incorrect name-flower not ground cover)
ADDITIONS: ~ ~ Notes:
Arkansas Yucca Carex texensis x x
Germander Teucrium chamaedrys x x
Holly Fern Cyrtomium falcatum x
Horseherb Calyptocarpus vialis x x
Vinca Vinca Major ....... Ideal ground cover for shaded
Wood Fern Dryopteris normalis x x areas i.e. courtyards, restaurants,
Wood Violets Viola missouriensis x x
City of Coppell Plant Palette
Vines and Grasses:
Common Name Latin Name ~ Notes:
Boston Ivy Parthenocissus tricuspidata
Carolina Jessamine Gelsemium sempervirens x
Coral Honeysuckle Lonicera sempervirens x
Cross Vine Anisotichus capreolata x
English Ivy Hedera helix
Lady Banks Rose Rosa banksiae
Sweet Autumn Clematis Clematis paniculata
Trumpet Vine i Campsis radicans x
Fig Ivy Ficus pumila x
Passion Vine Passiflora incarnata x x
Virginia Creeper Parthenocissus quinquefolia x x
Wisteria Wisteria sp. x
GRASSES
Canadian Wildrye Elymus canadensis x x
Inland Seaoats Chasmanthium latifolium x x
Little Bluestem :Schizachyrium scoparium x x
Lovegrass Eragrostis sp. x x
Miscanthus Miscanthus sinensis Relatively drought
Muhly Muhlenbergia sp. x x tolerant, durable
Pampas Grass Cortaderia selloana x plant. Commonly
Sideoats Grama Bouteloua curtipendula x x
City of Coppell Plant Palette
Perennial and Annual Flowers:
Common Name
Latin Name
~crscps~s
C_'sm_--:
L:nt:n: ~
~:!'.'13 S:M= Sp.
Tu!!p:
ADDITIONS:
The planting of annual and perennial flowers compatible in the Coppell
geographic area is permitted to provide for color and variation within
landscape design. Commonly used at entry features in retail, commercial, office
industrial developments.
*(As shown above, the list of annuals and perennials is extensive and new spec/es
are derived regularly, making it difficult to list every appropriate annual or perennial.
The list of annual and perennials has been deleted and replaced with the above statement,
allowing for ones' choice of plantings. The flower type is typically not noted within the
Landscape Plan during the Development Review Process and is determined
after approval.)
T H I~ C I T Y 0 F
C-OPP-EI.TL AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # ___/~~
ITEM CAPTION:
Consider approval of an Ordinance to amend Section 12-34-7, Table 1 (Plant Palette), of the Coppell Code of
Ordinances (Zoning), to expand the list of allowable plantings to include drought tolerant and native plants,
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
Staff recommends approval.
DIR. INITIALS:L,/F").)'
FIN.
l
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
@PlantPo
AN ORDINANCE OF Tl:lE CITY OF COPPELL, TEXAS
ORDINANCE NO.
34-7, TABLE 1,
AND PLANTS
PROVIDING A
SEVERABILITY
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
BY AMENDING THE CODE OF ORDINANCES, SECTION 12-
TO MODIFY TYPES OF TREES, SHRUBS
LISTED IN THE PLANT PALETTE:
REPEALING CLAUSE; PROVIDING A
CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARD
($2,000.00) FOR EACH OFFENSE; AND PROVIDNG 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, haven given requisite notices by
publication and otherwise, and after holding due heatings and affording a full and fair heating to
all property owners generally, and to all persons interested and situation in the affected area and
in the vicinity thereof, the said governing body is of the opinion, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance 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 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 by amending the Code of Ordinances, Section 12-34-7, Table 1,
repealing the current Table 1 and replacing with a new Table 1 in its entirety to read as follows:
TABLE I
PLANT PALETTE
Overstory Trees: Range: 20-60'
Austrian Pine
Pinus nigra
Bald Cypress
Taxodium distichum
1
Big Tooth Maple
Bur Oak
Cedar Elm
Chinese Pistache
Chinquapin Oak
Common Persimmon
Eastern Red Cedar
Eldarica Pine (Afghan Pine)
Green Ash 'Marshall Seedless'
Lacebark (Drake) Elm
Leyland Cypress
Live Oak
Pecan
Pond Cypress
Red Maple 'October Glory'
Shumard Red Oak
Southern Magnolia
Sweet Gum
Texas Ash
Texas Red Oak
Urbanite Ash
Western Soapberry
Accent Trees: Range 10-20'
American Smoketree
Acer grandidentatum
Quercus macrocarpa
Ulmus crassifolia
Pistacia chinensis
Quercus muhlenbergii
Diospyros virginiana
Junipems virginiana
Pinus eldarica
Fraxinus pennsylvanica
Ulmus parvifolia sempervirens
Cupressocyparis leylandi
Quercus virginiana
Carya illinoinensis
Taxodim ascendens
Acer Rubrum 'October Glory'
Quercus shumardi
Magnolia grandiflora
Liquidambar styraciflua
Fraxinus texensis
Quercus buckleyi
Fraxinus pennsylvanica
Sapindus dmmmondii
Cotinus abovams
2
Aristrocrat Pear
Carolina Buckthom
Carolina Cherry Laurel
Chaste Tree
Crahapple
Crapemyrtle
Deciduous Holly
Desert Willow
East Palatka Holly
Eastern Redbud
Flameleaf Sumac
Foster Holly
Japanese Maple
Mexican Buckeye
Mexican Plum
Redbud 'Forest Pansy'
Redbud 'Oklahoma'
Rough-Leaf Dogwood
Rusty Blackhaw Viburnum
Savannah Holly
Southern Magnolia 'Little Gem'
Southern Wax Myrtle
Texas Persimmon
Texas Redbud
Pyrus calleryana'Aristocrat'
Thanmus caroliniana
Prunus caroliniana
Vitex agnus-casms
Malus augnstifolia or spp.
Lagerstroemia indica
Ilex decidua
Chilopsis linearis
Ilex x attenuata ~ast Palatka'
Cercis canadensis
Rhus copallina
Ilex x attenuatta 'Foster
Acer palmatum
Ungnadia speciosa
Pmnus mexicana
Cercis canandensis
Cercis yexensis
Comus dmmmondii
Viburnum rufidulum
Ilex 'Savannah'
Magnolia grandiflora 'Little Gem'
Myrica cerifera
Diospyros texana
Cercis canadensis var. texensis
3
Texas Sophora (Eve's Necklace)
Washington Hawthorn
Weeping Yaupon Holly
Wild Plum
Yaupon Holly
Shrubs: Range 3-5'
Abelia
Abelia ~Edward Goucher'
American Beautyberry
Aromatic Sumac
Aucuba
Boxwood
Carissa Holly
Chinese Fringe Flower
Cleyera
Compact Nandina
Comlberry
Dwarf Abelia
Dwarf Burford Holly
Dwarf Chinese Holly
Dwarf Crapemyrtle
Dward Needlepoint Holly
Dwarf Wax Myrtle
Dwarf Yaupon Holly
Sophora affinis
Crataegus phaenopyrum
Ilex vomitoria 'Pendula'
Pmsus americana
Ilex vomitoria
Abelia grandiflora
Abelia grandiflora 'Edward Goucher'
Callicarpa americana
Rhus aromatica
Aucuba japonica
Buxus microphylla
Illex cornuta 'Carissa'
Loropetalum chinese 'Hines Purpleaf
Temstroemia gymnanthem
Nandina d. compacta
Symphoricarpos orbiculatus
Abelia grandiflom 'Compacta'
Ilex comuta 'Burfordii Nana'
Ilex comuta 'Rotunda'
Lagerstroemia indica ~Nana'
Ilex comuta ~eedlepoint'
Myrica pusilla
Ilex vomitoria 2qana'
4
Elaeagnus
Flowering Quince
Gulfstream Nandina
Indian Hawthorn
Juniper
Leathefleaf Mahonia
Nandina
Nellie R. Stevens' Holly
Oakleaf Hydrangea
Pampas Grass
Red-leafed Japenese Barberry
Red Yucca
Rose Glow Barberry
Spirea
Texas Sage
Variegated Ligustmm
Ground Cover: Range 18"
Arkansas Yucca
Asian Jasmine
Bar Harbor Trailing Juniper
Blue Pacific Trailing Juniper
Germander
Harbour Dwarf Nandina
Holly Fern
Elaeagnus pungens
Chaenomeles japonica
Nandina domestica 'Gulfstream'
Thapiolepsis indica
Juniperus chinensis
Mahonia bealei
Nandina domestica
Ilex x 2qellie R. Stevens'
Hydrangea quercifolia erhthrosoa
Cortaderia selloana
Berberis thunbergii 'Atropurpurea'
Hesperaloe parriflom
Leucophyllum frutescens
Spirea spp.
Leucophyllum frutescens
Lugustmm lucidum variegata
Carex texensis
Trachaelospermum asiaticum
Juniperus horizontalis 'Bar Harbor'
Junipems conferta"Blue Pacific'
Teucrium chamaedrys
Nandina domestic
Cyrtomium falcatum
5
Horseherb
Liriope
Mondograss (monkeygrass)
Moneywort
Purple Wintercreeper
Tam Juniper
Vinca
Wood Fern
Wood Violets
Vines:
Boston Ivy
Carolina Jessamine
Coral Honeysuckle
Cross Vine
English Ivy
Fig Ivy
Lady Banks Rose
Passion Vine
Sweet Autumn Clematis
Trumpet Vine
Virginia Creeper
Wisteria
Grasses:
Canadian Wildrye
Calyptocarpus vialis
Liriope muscari
Ophiopogon japonicus
Lysimachia nummularia
Euonymus fortunei 'Colomta'
Junipems sabina 'tamariseifolia'
Vinca Major
Dryopteris normalis
Viola missouriensis
Parthenocissus tricuspidata
Gelsemium sempervirens
Lonicem sempervirens
Anisotichus capreolata
Hedem helix
Ficus pumila
Rosa banksiae
Passiflora incamata
Clematis paniculata
Campsis radicans
Parthenocissus quinquefolia
Wisteria sp.
Elymus canadensis
6
Inland Seaoats
Little Bluestem
Lovegrass
Miscanthus
Muhly
Pampas Grass
Sideoats Grama
Perennial and Annual Flowers:
Chasmanthium latifolium
Schizachyfium scoparium
Eragrostis sp.
Miscanthus sinensis
Muhlenbergia sp.
Cortaderia selloana
Bouteloua curtipendula
The planting of annual and perennial flowers compatible in the Coppell geographic area is
permitted to provide for color and variation within landscape design. Commonly used at entry
features in retail, commercial, office industrial developments.
SECTION 2. That all provisions of the Comprehensive Zoning Ordinance 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 sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Comprehensive Zoning Ordinance as a whole.
SECTION 4. That 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,
7
in effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, fima, 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 for 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 6. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the __day
of ,2001.
APROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
ROJ~T E'. ~~CITY ATTORNEY
LIBBY BALL, CITY SECRETARY
F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # ~
ITEM CAPTION:
Consider approval of the Coppell Family YMCA, Site Plan Amendment, to allow the addition of
approximately 17,500 square feet of building and. the expansion of the parking lot to include 48 additional
spaces on approximately 5.36 acres of property located at 146 Town Center Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
2) Add Cedar Elm trees to fulfill the perimeter landscape requirement.
~-spae~. (CONDITION MET)
4) The extension of the fire lane needs to be established by separate instrument to be filed with
the County.
5) Letter of approval from the Town Center Architectural Control Committee is required.
Staff recommends approval.
DIR. INITIAL~
Agenda Request Form - Revised 5/00
CITY MANAGER REVIE~~~
~YMCAspa
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
COPPELL FAMILY YMCA, SITE PLAN AMENDMF~
P & Z HEARING DATE:
C.C. HEARING DATE:
September 20, 2001
October 9, 2001
STAFF REP.:
Marcie Diamond, Assistant Planning Director
LOCATION:
Southeast comer of Town Center Boulevard and Town Center Drive
SIZE OF AREA:
Approximately 5.36 acres of property
CURRENT ZONING:
TC (Town Center)
REQUEST:
Site Plan Amendment to allow an additional two story, 17,500 square feet
of building, revised elevations and expansion of the parking lot.
APPLICANT:
Owner:
Coppell Family YMCA
146 Town Center Blvd.
Coppell, Texas 75019
972-393-5121
FAX: 972-393-5947
Architect:
Scott Wegener,Good, Fulton&Farrell
2808 Fairmont Blvd. Suite 300
Dallas, Texas 75201
214-303-1500
FAX: 214-303-1512
HISTORY:
The preliminary plat for this property was approved by the City Council in
December 1997. In March 1998, the Site Plan and Final Plat was
approved for the construction of the first phase of the YMCA. In 1999,
the City of Coppell entered into an agreement with the YMCA to allow
the construction of 47 new parking spaces between the YMCA and the
Police and Municipal Court building for joint use by both facilities. City
Council approved the site plan for this parking lot on December 14, 1999.
TRANSPORTATION:
Town Center Boulevard has 28'-wide pavement within a variable width
right-of-way, dedicated by separate insmanent. The right-of-way widens
Page 1 of 4 Item # 11
to 66 feet at its intersection with Town Center Drive. Town Center Drive
dead ends into the existing YMCA and the joint use parking lot.
SURROUNDING LAND USE & ZONING:
North- parking lot and undeveloped land; TC
South -Wendy's and Tom Thumb Shopping Center; TC
East - Chaucer Estates; PD-SF-7
West - retail under construction and Comerica Bank; TC
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
public/institutional uses.
DISCUSSION:
Page 2 of 4
As discussed in the HISTORY section, the site plan was approved for
this property in 1998. The site plan included a two-story, 34,000 square
foot building, with 120 parking spaces and also indicated future building,
parking and outdoor expansion areas. The site plan approval allowed for
18,600 square feet of additional building foot print (potentially 37,200
square feet of total building area if constructed to 2 stories) located along
the northern and eastern portions of the building. The current request is
to allow for two, two-story building expansions, additional parking and
the required extension of the fire lane.
The first building expansion area is proposed to consist of a 900-square
foot enlargement to the childcare area on the first floor. The second
floor expansion will house an enlarged aerobics room. This will be
located at the northeast corner of the building, as was anticipated as a
future expansion area with the original site plan approval.
The second expansion area is located along the eastern side of the
building along the southern end. This 15,7.00-square-foot addition will
allow for the construction of a Teen/Senior Center and locker rooms on
the first floor and Fitness, Exercise, Administration and rest rooms on
the second floor. All but 2,450-square feet of this area was, again,
anticipated for expansion with the original site plan. While the currem
proposal extends the building by 26 feet beyond one portion of the
expansion area, it still maintains a 58-foot setback from eastern the
property line, and is, in fact, 14 feet further from the residential
properties to the east.
With these expansion areas, the Coppell Family YMCA has agreed to
eliminate 4,441-square feet of building footprint (8,882 square feet of
total floor area) of previously approved future expansion areas. One
Item// 11
Page 3 of 4
expansion area along the eastern elevation would have been
approximately 46 feet from the property line. Again, the current request
maintains a minimum 58-foot setback from that property line. In sum,
the approval of the current request will result in a net reduction of
approximately 2,000-square feet, which could have been 4,000-square
feet of total building area, if two story.
This site plan amendment also includes an expansion of the parking lot to
the south. Again, this area was designated for parking expansion with the
original site plan approval. An additional 48 parking spaces will be
constructed. The landscaping is in accordance with the provisions of the
Landscape Ordinance; however, it is recommended that the plant materials
match the existing landscaping in the parking lot. Specifically, Bufordi
Nana is being requested to fulfill the requirement of the screening hedge,
however, the existing hedge is Nellie R. Stevens. This Nellie R. Stevens
hedge should be continued. The existing parking lot has utilized Live
Oaks in the parking lot islands. The current request calls for Shumard
Oaks. Again, a continuation of the existing landscape materials is
recommended.
Section 12-34-8-C. 3. of the Landscape Ordinance, requires that the
perimeter landscape areas contain at least one tree for each 50-linear feet,
of fraction thereof. Therefore, six trees are required, three on Town
Center Boulevard and three along the northern property line. Again,
Cedar Elms were used to fulfill this requirement on the existing facility.
Tree reparation will be required to allow for the building addition and
parking lot expansion. Specifically, two 10-caliper inch and one 16-caliper
inch Hackberry trees will need to be removed to accommodate these
expansions. Additional Hackberry trees, less than 10 inches in caliper will
also be removed, but reparation is not required for those trees. As
required, the trees greater than 10-caliper inches that will be removed will
be replaced, on site, with seven 3-caliper inch and four 4-caliper inch
Shumard Oak trees. In sum, the 36-inch loss in Hackberry trees will be
replaced with 37- caliper inches of oak trees. These replacement trees will
be planted east of the expanded parking lot area.
All the materials and colors proposed for the exterior of the building will
match the existing materials, and they will be a combination of face brick
and concrete tilt-up panels. The applicant has revised the elevations from
the original submittal, including the reduction in the size of the second-
story windows along the eastern elevation, as well as to actually brick in
an existing window along the same elevation. In addition, similar to the
northern end of the building, an external exit stairway is proposed from
the second floor aerobic room. To obscure the view of these external
Item# 11
stairs from the retail facility to the north, the applicant has agreed to
include an architectural screening wall adjacent to these stairs, as was
provided along the northern end of the building.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL to the amendment of the site plan for the
Coppell Family YMCA, subject to;
1. Revise the Landscape Plan for the parking lot expansion to utilize
the same plant materials as are utilized within the existing parking
lot.
2. Add Cedar Elm trees to fulfill the perimeter landscape
requirement.
3. Correct the number of parking spaces under PROJECT
DESCRIPTION to reflect 48 versus 51 spaces.
4. The extension of the fire lane needs to be established by separate
instnunent to be filed with the County.
5. Letter of approval from the Town Center Architectural Control
Committee is required.
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/Landscape Plan/Tree Reparation Plan
2) Elevations
Page 4 of 4 Item # 11
FROM : COPPELL FAMILY YMCA PROG REG FAX NO. : 9727457571 Sep. 19 2001 03:SL:~M P1
S~ptember 19, 2001
SEP 1 9 2001
Coppell Family YMCA
Campaign for the 21"
Century Contributor~
CORNERSTONE
B#t & gathy Anderson
Randolph E. & Lynn Brown
Sandy & Dav~ Capps
Copptll /nd~pe. ndcnt School
Dia'trict
Mamsatech Incorporated
Parlor of Coppell
Marnty. L Snow Jr.
Tr#ti~. & RI-ID Medical Cemer~.
FOUNDER
l. ester & Bridget
Carroll X & Billie If. BrOwn
Charlt$ & Colleen Corian
Joe & Jani¢~t ~lanigan
Walter & Kathryn Foss
Frio~-f~ay lncorporuwd
Fro~t Bank
Da~e &Sandy
Dav~l & l~'~ Hangen
(.'u~ & Melody
Jim & Cynthia flsab#rlin
Tommy & gh~rri ICmgsh:y
Wilson & Elizabeth McDonald
Sam & Mi.u~ I~trman
Mitch& Melinda t~tttman
David &Ann Rexroat
Doug & I.t$1ie Robcrtt
Schindler Elevator Corporation
Tom & Leslie ghtrrilt
Ttxa~ Sprinkdtr
David & M, linda
Jim & D~nr 7'raitt
To:
Marcie Diamond
Coppell Planning Deparo,~_ l
Curt Hazelbaker, Executive Director
Copper Family YMCA
Re: Coppdl Family YMCA Building Expansion
I spoke with Craig CaPua, an attorney representing a ftnv of dg homeowners in
the Chaucer Estates subdivision, yesterday rggardin~o some coil~ern$ the
homeowners had. We have agreed to three of the conditions that were cxpreased.
1. We will plant a mlnlvmjm of ~ 3" ~ trtn~ on tl~ cast si& of
expansion that is not included in the subtn~___~_/andscape plan.
2. We will apply a film to the windows in the aerobics room and upstairs
fitness area that will give the appearance of f~osted glass from the
interior and exterior of the facility.
3. We have tal~,.d to our cleaning crew about leaving lights on overnight.
We asked them to clean the aerobics room and offices fa'st and to make
sure they turn the light~ off when they are done.
The attorney asked us to apply the window treatment on all of the second floor
windows on the east si&. We are not treating the windows in the meeting rooms
to allow more natural light in and to allow our members and guests to see the
trees on the east and south sides of our property.
We were also asked to raise the sill height of the windows on the see. omi floo~
from 5'4" to 6'. We have already reduced the amount of glass by 50% bom the
orLoiaal design that was submitted. We have decided not to raise the sill height
bee. au.se all of the other second floor windows are at the same height aro-,,a the
building and we would like to maintain the architectural integrity of the YMCA.
The plan that we have si~bmitted reduces the square footage by a net 2,000 square
feet from what was approved during initial construction. The expansion we are
proposing is fourteen ~et back bom the co~-x,n property line t_h~,, what was
ori$inally approved.
Please let me know if you have any questions. I can be reached at 972-393-5121
extension 202.
146 Town Center Blvd. · CoppeH,.TX 75019
977..-39.'!-$19.1 o ~ax: 9"/g-39.~-.qg&7 httl~:l/wxvw, ymcn.cOppeliotx.org
We build strong kids, strong families, strong communities
ITY COUNCIL MEETING: October 9, 2001 ITEM # _~_~
ITEM CAPTION:
PUBLIC COMMENT:
Minor Plat.
To receive public comment regarding the Wynnpage Plaza South, Site Plan and
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
+X-BID
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER REVIEW..
Document Name: !pubeomment~//
CITY COUNCIL MEETING: October 9, 2001 ITEM # __~L~
ITEM CAPTION:
Consider approval of the Wyrmpage Plaza South, Site Plan and Minor Plat, request to allow the development
of an approximately 4,700 square-foot office building on approximately .626 of an acre of property located
along the west side of Denton Tap Road, approximately 210' south of Wynnpage Drive.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (4-0) with Commissioners McGahey, Kittrell, McCaffrey, and
Stewart voting in favor. Commissioner Clark could not participate in the discussion or vote due to Conflict of
Interest (homeowner in the Wynnpage subdivision). None opposed.
Approval is recommended, subject to the following conditions:
SITE PLAN CONDITIONS.:
1)
MINOR PLAT CONDITIONS.: 1) ....... s ..............................
Staff recommeqds approval. ~,_
r rm s: F N. m mwC
Agenda Request Form - Revised 5/00
(CONDITION~VIET)
(coND
CITY MANAGER REVIEW~
@WynpSMP
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Wvnnoa e Plaza South, Site Plan and Minor Plat
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
SIZE OF AREA:
September 20, 2001
October 9, 2001
Andrea Roy, City Planner
Along the west side of Denton Tap Road, approximately 210'
south of Wynnpage Drive
Approximately .626 of an acre of property
CURRENT ZONING:
C (Commercial)
REQUEST:
Site Plan and Minor Plat approval for the development of an
approximately 4,700-square-foot office building.
APPLICANT:
HISTORY:
TRANSPORTATION:
Developer:
Mark Wainscott
Wainscott & Associates
4815 Keller Springs
Addison, TX 75001
Phone: 972-447-9119
Fax: 972-447-9110
Surveyor:
Lane's Southwest Surveying
2717 Motley Drive, Suite B
Mesquite, TX 75150
Phone: 972-681-4442
The subject property was originally platted as part of the 14-lot,
25.65-acre DTC Business Center, which was filed on January 6,
1987. On March 26, 1991, City Council approved the rezoning of
the residential property to the west from C (Commercial) to PD-115
SF-7 (Wynnpage single-family subdivision). As a result of the
development of the Wyrmpage residential subdivision, the DTC
Business Center plat was vacated on May 8, 1992. The subject site
remains unplatted at the current time.
Denton Tap Road is a P6D, six-lane divided concrete roadway built
to standard in a 11 O-foot right-of-way.
Page 1 of 4 Item # 8
SURROUNDING LAND USE & ZONING:
North- vacant, C (Commercial)
South - vacant, O (Office)
East - retail/vacant, C (Commercial)
West - Wynnpage residential subdivision, PD115-SF7 (Single Family-7)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
mixed use, which includes office uses.
DISCUSSION:
Page 2 of 4
The applicant is requesting Site Plan and Minor Plat approval for the
development of a one-story, 4,700-square-foot office building on
approximately .626 of an acre of property. The site is situated along the
west side of Denton Tap Road, in front of the Wynnpage subdivision. It is
assumed that future development of a similar nature and scale will be
repeated to the north.
Site Plan
The design of the site provides for the current proposal and additionally,
lays the groundwork for future development to both the north and south.
Access to the site has been provided through a curb cut on Denton Tap
Road. This drive will serve as the fire lane/mutual access drive through the
site, connecting to Wynnpage Drive. At the direction of the Fire Marshal,
for matters of health and safety, the entire fire lane/mutual access drive
will be constructed in conjunction with development of this site. While
the accessibility to Wynnpage Drive has been questioned by residents in
the past, a letter dated March 1, 2001, from the City (as directed by the
City Attorney) has been included to confirm our position on this matter.
The applicant has also provided a stubbed-out firelane/mutual access drive
against the south property line. Staff has recommended that the applicant
extend the stubbed-out fire lane/access drive to the southern property line, to
allow for future connections to the undeveloped property to the south.
Additionally, staff has included conditions regarding technical drafting
errors which must be remedied prior to City Council review of the Site Plan
and Minor Plat requests.
The proposed building will be served by 25 parking spaces, well
exceeding the 16 required spaces for a business or professional office.
However, parking 'is inadequate if a medical/dental use wishes to locate
within this building, as the parking requirement for a medical use would
be 27 parking spaces. Otherwise, the site is in full compliance with all
applicable codes and ordinances. Staff has one concern regarding the
proposed placement of the dumpster, which appears to be located in a
relatively visible location. On several occasions staff has recommended
Item# 8
that the applicant consider alternative locations for the dumpster, but it
remains unchanged. Staff recommends that the applicant again consider
an alternative location for the dumpster, unless they can convey to staff
that alternative placement is not feasible. If the Planning Commission has
no objection to the location of the dumpster, staff would ask that the
applicant ensure staff that this dumpster will serve more than one building,
preventing the addition of up to two more dumpsters with future
development.
The proposed building will be one-story, measuring approximately 21' to
the mid-point of the roof and 31' to the peak. The primary building
material will be red brick, with cast stone accents along the top of windows
and on columns at the water table. Windows and doors will be bronze
aluminum with tinted glass. Copper colored metal vents will serve as
dormers on the roof, as well as building wall accents. Staff commends the
applicant's efforts to design a building similar in style and scale to other
area office buildings, as well as the adjacent residential structures.
Landscaping
The proposed landscape plan fully provides the required interior, perimeter,
and non-vehicular landscape areas and actually exceeds the overall area
requirements. In order to address perimeter landscaping along the north
property line, which falls within the mutual access driveway, the applicant
has provided the full 10' landscape buffer along the north property line
adjacent to the dumpster and along the northern row of parking. While not
provided in a traditional manner, it is staff's interpretation that the design
meets the spirit and intent of the Zoning Ordinance in providing a buffer and
relief between properties. Staff has made one recommendation to the
applicant regarding the interior landscaping; i.e., shift or relocate the
proposed parking lot light pole to provide the required tree within the
landscape island. Additionally, staff would ask that the applicant ensure that
proper tree spacing has been observed. Staff is concerned that Y'-caliper
Cedar Elm trees spaced 15' apart is too close.
Minor Plat
In conjunction with the Site Plan, the applicant is also requesting approval of
the Minor Plat for the approximately 27,312-square foot lot. Staff has no
objection to the Minor Plat, with minor corrections by the applicant with
regard to the notation of the lot size and spelling errors. While only Lot 1 is
being platted at this time, the fire lane must be constructed on and off-site to
adequately serve the property. It has been noted that the fire lane will be
recorded via separate instrument, with no objection from staff.
Page 3 of 4 Item # 8
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Wynnpage Plaza, Site Plan and Minor Plat,
subject to the following conditions:
SITE PLAN CONDITIONS:
1) Extend the stubbed-out fire lane/mutual access drive to the south property line.
2) Relocate proposed dumpster to a less visible location within the site.
3) Relocate or shffi proposed light pole at the rear of the site, in order to provide the
required tree within the landscape island.
4) Increase spacing between Cedar Elm trees to a minimum of 20'.
5) Remedy inconsistencies among plan sheets; ensure consistent notation of lot size.
6) Eliminate notation to an off-site monument sign on the landscape plan.
MINOR PLAT CONDITIONS:
1) Remedy inconsistencies on Minor Plat, with regard to lot size.
2) Correct spelling of Wynnpage on both the vicinity map and note.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take Site Plan under advisement for reconsideration at a later date.
ATTACHMENTS:
1)
2)
3)
4)
5)
Letter of March 1, 2001
Minor Plat
Site Plan
Landscape Plan
Elevations
Page 4 of 4
Item # 8
March 1, 2001
The Right Solution
Mr. Glenn Harvey, P.E., C.P.I.M.
133 Wrenwood
Coppell, TX 75019
Re: Wynnpage Drive Right of Way
Dear Mr. Harvey,
As indicated to you, I have received your letter of February 16, and forwarded it to our
Cit~' Attorney for review. That review has now been completed, and the City's position
is the land dedicated for Wynnpage Drive is public right of way, and the abutting owner
on both the north and south side of that right of way is entitled to access to the street.
That being the case, I can not administratively approve the landscape plan you asked us
to review. If you wish to pursue the landscaping concept, a revision to Planned
Development District 115 will be required.
In reviewing your request, our attorney pointed out that there is dedicatory language on
the plat that places no restrictions on access to Wynnpage. In addition, case law serves to
support our position. Among the cases cited by our attorney:
Gulf Sulphur Co. v Ryman, 221 S.W.2d 310 (Tex. Civ. App. - Galveston 1920)
McCraw v. City of Dallas, 420 S.W.2d 793 (Tex. Civ App. - Dallas 1967)
Chambers County v. Frost, 356 S.W.2d 470 (Tex. Civ App. - Waco 1962, writ
ref'd n.r.e.)
Pittman v. City of Amarillo, 598 S.W.2d 941 (Tex. Civ App.-Amarillo 1980,
writ ref. n.r.e.)
H. Rouw Co. v. Thompson, 194 S.W.2d 120(Tex. Civ App. - San Antonio 1985,
writ ref'd.)
Ellis v. Jansing, 620 S.W.2d 569 (Tex. 1981)
Our attorney also cited Section 16.030 of the Tex. Civ. Prac. & Rem. Code which states
in relevant part, "a person may not acquire through adverse possession the right or title to
real property dedicated to the public use."
As mentioned above, if you wish to pursue your landscaping concept, an application
would be filed with the Planning Department. Be cautioned, however, that we would
review your request with our legal opinion in mind, and require breaks in the landscaping
for future access to Wynpage Drive fi.om both the north and south.
255 PARKWAY ~r PO BOX 478 'k ¢OPPELL TX 75Ol9 ',k TEL 972/462 0022 'k FAX 972/304. 36'73
I thank you for your interest in adding landscaping to your subdivision and would
welcome a PD amendment request.
qai'y ~. Sie~o, AICP
irector of Planning and Community Services
CC:
Jim Witt, City Manager
Bob Hagar, City Attorney
file
The Law Offices of
GARY M. VODICKA
Attorney and Counselor at Law
222 W. Las Colinas Blvd.
Suite 1750
Irving, Texas 75039
(972) 501-1481
Mr. Doug Tatum
7480 Dallas Parkway
Suite 110
Dallas, Texas 75287
July 27, 1999
FAX: (972) 393-4590
Via CertifiedMailRRR
Z 210 081 107
Via CertifiedMailRRR
Z 210 081 108
Mr. Waymon Levell, President
First Southwest Properties
2331 Gus Thomasson
Suite 126
Dallas, Texas 75228
RE: Final Plat of WYNNPAGE Recorded in Volume 92001, Page
2952 of the Plat Records of Dallas County, Texas; Declaration
of Covenants, Conditions, and Restrictions for WYNNPA~E
ESTATES Recorded in Volume 92072, Page 1519 of the Deed
Records of Dallas County, Texas; and Ownership of Rights
Declared Therein.
Dear Gentlemen,
I have been retained by Mr. Paul Shea, President of the
Wynnpage Homeowners Association, to inquire into and address your
recent allegations concerning your alleged claim that Mr. Levell,
or whatever corporation or partnership he is acting as principal
therefor, owns the land on each side of Wynnpage Drive, the
entrance to the subdivision, and up to the brick retaining wall.
As a precursory comment, this issue arose approximately two
years ago. At such time, Mr. Shea stated to Mr. Levell that the
homeowners association owned the land. We cursorily reviewed the
Plat and the Declaration at such time and felt that he was correct.
Since it has now become an issue again, Mr. Shea asked me to look
into the matter more thoroughly.
From a review of the Final Plat, recorded in Volume 92001,
Page 2952 of the Plat Records of Dallas County, Texas, the
Declaration of Covenants, Conditions, and Restrictions for WYNNPAGE
ESTATES Recorded in Volume 92072, Page 1519 of the Deed Records of
Dallas County, Texas, the relevant Texas statutory and case law
authorities, and physically measuring the property, it is my
opinion that Wynnpage Homeowners Association owns the property in
question. Once your lawyers or the lawyers at your title company
look into the matter, I feel certain they will reach the same
conclusion.
I have enclosed under cover of this letter Exhibit "A",
Exhibit "B", and Exhibit "C", a copy of the relevant portion of the
Final Plat, a copy of the pertinent pages of the Declaration, and
a copy of a letter dated January 26, 1994 from Wynnpage Estates,
Ltd. to Mr. Shea, respectively.
The copy of the Final Plat, Exhibit "A", which I have provided
for you, contains the relevant portion of the surveyor's drawing
along with the whole right side of the recorded Plat. In the
Owner's Certificate at top right is contained the specific property
description by metes and bounds, followed by more general language
below. The relevant part is as follows:
"THENCE in an Easterly direction along said curve to the left
having a central angle of 19'14'53", a radius of 496.17 feet,
and an arc length of 166.68 feet to a 1/2 inch iron rod found
in the West line of Denton Tap Road (110 foot wide Right-of-
Way);
THENCE South 00*22'00" East along the West line of said
Denton Tap Road, a distance of 80.00 feet to a 1/2 inch iron
rod found at the beginning of a curve to the right whose chord
gears North 77*22'32" West;"
It is conspicuously clear that the land conveyed included 80 feet
and includes such as it curves around to follow the contour of the
road. The street Right-of-Way only contains approximately 50-54
feet, depending on where it is measured. This means that the
Wynnpage Homeowners Association owns the remainder of the land,
approximately 12 to 14 feet on each side of the street right-of-
way. Moreover, ~when examining the instrument, this is internally
consistent with the surveyor's drawing and signature which
indicates 40 feet on each side of the center Wynnpage Drive and
Denton Tap. The Legend on the Final Plat also references the 1/2"
IRF which means "Iron Rod Found".
The Declaration of Covenants, Conditions, and Restrictions for
Wynnpage Estates, (hereinafter "Declaration"), recorded in volume
92072, Page 1519 of the Deed Records of Dallas County, Texas,
Exhibit "B" contains the following pertinent provisions on Page 1.
"THAT Wynnpage Estates, Ltd., a Texas Limited Partnership (the
"Declarant"), is the Owner of all that certain tract of land
platted and described as Wynnpage Estates (the "Addition"), an
addition to the City of Coppell (the "City"), Texas, according
to the plat thereof (the "Plat")...
"Declarant hereby declares that all of the property described
above shall be held, sold and conveyed subject to the
following ..., which are for the purpose of establishing a
general scheme for the development of all of the lots in the
Addition and for the purpose of enhancing and protecting the
value, attractiveness and desirability of said lots and which
shall run with the land and be binding on all parties having
or acquiring any right, title or interest in the property or
any part thereof, and which shall inure to the benefit of each
Owner thereof."
In Article I, the definitional section, on Page 2 under
subsection (e), (j), and (k) the words "Common Properties]'., "Plat",
and "Properties" are defined to include the following:
"(e) "Common Properties" .. and (vii) any areas of land,
improvements or other property rights within the properties
which are known, described or designated or which shall
subsequently become known, described or designated as Common
Properties intended for or devoted to the common use and
enjoyment of the Owners, together with any and all
improvements that are now or may hereafter be constructed
thereon."
"(j) "Plat" shall mean and refer to the Plat recorded in
Volume 92001, Page 2952, of the plat Records of Dallas County,
Texas."
"(k) "Properties" shall mean and refer to all of that certain
tract of land platted and described as Wynnpage Estates, an
Addition to the City of Coppell, Texas according to that
Plat."
Under Article XI, entitled "Use of Common Properties" it is
also clear that any owner is liable to the Association, and can be
fined or assessed accordingly, for any damage said Owner causes to
the common properties. The Wynnpage Homeowners Association has
full rights of ingress and egress over the Common Properties. Most
telling is Section 11.4 Maintenance of Common Properties. It reads
in full as follows:
"All landscaping and improvements placed or erected on the
Common Properties by Declarant shall be o~naed and~intained
by the Association."
Consistent with its ownership and record title, the Wynnpage
Homeowners Association has maintained and paid for ali landscaping
to the common properties, including but not limited to, mowing,
watering, trimming, planting flowers and shrubs, electric, and
maintaining the brick entrance sign - Wynnpage.
It is then no small surprise that Wynnpage Estates, Ltd., the
grantor and transferor under the Declaration, wrote Mr. Shea the
letter referenced in Exhibit "C" on January 26, 1994 advising him
that effective February 1, 1994, it would no longer be maintaining
the common properties and subsequently canceled the landscape
maintenance contract, water service and electric service. The
letter refers to the City of Coppell Utility Department (water)
"So. side Wymmpage entrance" This letter alone would legally
estop Wynnpage Estates, Ltd. or Mr. Levell or whatever entity he
controls from claiming any ownership interest in and to the common
property land, as would the Declaration. It is not only patently
inconsistent but is somewhat pretentious for him or anyone acting
at his direction to now claim that he or his privies own the land.
When one reads and examines the Final Plat and the Declaration, we
believe that no legitimate claim can be asserted that anyone other
than Wynnpage Homeowners Association owns the land included in
common properties or identified in the plat.
Texas law provides that in construing a plat, the general
rules governing the construction of deeds or other instruments
granting real property are applicable. Jupe V. City of Schertz,.
604 S.W.2d 405 (Tex. Civ.App. - San Antonio 1980, writ ref'd
n.r.e.); Priolo v. City of Dallas, 257 S.W.2d 947 (Tex. Civ.App. -
Dallas 1953, writ ref'd n.r.e.).
A description by metes and bounds, being a specific
description, prevails over a general description. Law~ers Title
Ins. Corp. v. McKee, 354 S.W.2d 401 (Tex. Civ.App. - Fort Worth
1962). The Texas Supreme Court is clear that where the grantor
conveys specifically by metes and bounds, so that there can be no
controversy about the land included and conveyed, the general
description will not control the specific and particular
description about which there can be no mistake. Southern Pine
Lumber Co. v. Hart, 161 Tex. 357, 340 S.W.2d 775 (1960). In
Southern Pine Lumber Co., supra., the Texas Supreme Court cited its
prior holding, to wit:
"Where a grantor conveys specifically be metes and bounds, so
there can be no controversy about what land is included and
really conveyed, a general description, as of all of a certain
tract conveyed to him by another person, or, as in this case,
all of a survey except a tract belonging to another person,
cannot control; for there is a specific and particular
description, about which there can be no mistake, and no
necessity for involving the aid of the general description."
Cullers v. Platt, 81 Tex. 258, 16 S.W. 1003"
The Wynnpage Plat contained the specific metes and bounds
description of the land conveyed, as quoted hereinabove in bold,
and such would control over any other general language contained in
the Dedication part of the Plat (the dedicatory language below the
metes and bounds) or the Declaration, even assuming arguendo that
your lawyers could find any general language which would indicate
the contrary.
Assuming arguendo you can find someone to assert a colorable
claim otherwise, it would be fruitless and to no avail. If the
language of a deed (in this case Plat and Declaration) leaves any
doubt as to the grantor's intention, and conflicting clauses cannot
be reconciled, the deed will be construed so as to convey the
greatest estate that the terms of the instrument will permit.
Reeves v. Towery, 621 S.W.2d 209 (Tex. Civ. App. - Corpus Christi
1981, writ ref'd n.r.e.). The deed will be construed in a light
most favorable to the grantee. Reeves, supra. If a deed is
susceptible of 2 constructions, the one most favorable to the
grantee will be adopted. Victoria Bank & Trust Co. v. Cooley, 417
S.W.2d 814 (Tex. Civ.App. - Houston (14th Dist.) 1967, writ ref'd
n.r.e.). Therefore, the grantee has the right, as against the
grantor, to select the description most favorable to the grantee if
the deed contains inconsistent descriptions, McBride v. Burns, 88
S.W. 294 (Tex. Civ.App. 1905, writ dism'd), or statements with
respect to the quantity of land conveyed. Stan~efer v. Miller, 182
S.W. 1149 (Tex. Civ.App. - Amarillo, 1916).
There is also Federal 5th Circuit authority and other Texas
Supreme Court decisions, too numerous to spend time citing, which
hold that the deed, instrument or document is to be construed
against the one who drafted it. Mr. Shea informs me that you or
your agents drafted every word of the Declaration and/or the Final
Plat, and simply mailed it to him ex post facto. We did not draft
one letter, let alone one word, of the Final Plat or the
Declaration and were not asked our opinion or to contribute thereto
in any way, shape, or form. As is probably the case, we feel
certain that the documents were drafted by Mr. Levell or his
attorneys or agents. We believe the evidence is clear who drafted
the governing instruments.
Based on the foregoing, we believe it has been established
with unassailable cogency that Wynnpage Homeowners Association owns
the land included in the common properties specifically identified
under the metes and bounds delineated in the Final Plat. As a
trial lawyer, this is the kind of matter which lends itself to
quick summary judgment fodder. We would kindly request you refrain
from assuming otherwise or calling Mr. Shea (or any other Wynnpage
Homeowner for that matter) and asserting otherwise.
Apart from the legal reasons, there are cogent policy reasons
why we do not want to give you or anybody else our land. The City
of Coppell prides itself on having very nice neighborhoods which
are aesthetically pleasing. Preserving and maintaining the
entrance to our subdivision, with its small amount of green belt
area on each side of Wynnpage Drive increases the distinctiveness
and aesthetic value of the subdivision.
Secondly, cutting a road through our land would also add a
significant traffic burden on the residents of our subdivision.
Running an extra 100 to 200 cars per day through to the middle of
Wynnpage Drive, west of our brick sign, would make getting into and
exiting our subdivision more bothersome. Moreover, with the
increased traffic on Denton Tap over the last 4 to 5 years (and
more in the foreseeable future), when one travels north bound on
Denton Tap and turns left into the subdivision to avoid the
oncoming and often speeding cars during rush hours, to have to hit
the brakes or stop immediately after turning left onto Wynnpage
because of cars cutting through to the middle of Wynnpage would
pose a safety hazard.
Lastly, and most importantly, the City of Coppell prides
itself on having good and safe neighborhoods where children play.
And as has happened on all too frequent occasion, small children
ride their bikes or skateboards periodically up the small sidewalk
in our common property, or walk up there to play in the grass. To
have 100 to 200 extra cars per day entering or exiting through a
supposed easement cut through our land into Wynnpage Drive would
put them at risk. A risk we cannot take.
Sincerely,
cc:
Mr. Gary Sieb
Director of Planning
255 Parkway Blvd.
Coppell, Texas 75019
Via Certifie~ailRRR
Z 210 081 109
EICT ~!
£08! 08::39 F~'
Robert E. Hager
E-mall: rhager~?,njd h$.com
HICHOLC_, JACKSON DILLA4 965 8010 TO 9723047863
?'---~.
NICHOLS, JACKSON, DILLARD, HAGER & SMI..,, LEE
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akax~t
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS~NJDHS.com
F'.
hOmE,IT L. DILLAIqD.
LAWlq, ENCE W. JACKSON
February 28, 2001
Mr. Gary Sieb
Director of Planning
City of Coppell
255 Parkway Boulevard
P. O. Box 478
Coppell, Texas 75019
CONFIDENTIAL ATTORNEY-CLIENT
PRIVILEGED COMMUNICATIONS
RE: ~4/ynnpage Drive Right-of-way
Dear Mr. Sieb:
You have forwarded to us a letter wdttet~ by an attorney. Gan' M. Vodicka. for and on
behalf' or' the Wynnpage Homeowners Association regarding the public right-of-way from
Denton Tap Road to the beginning of the Wynnpage Subdivision. which is the shaded area
depicted on Exhibit "A" attached hereto to this letter.
It is our understanding that the Wynnpage Homeowners Association has placed or
proposed to place landscaping within the eighty (80') foot right-of-way from Denton Tap Road to
its point of entry' and continuing on to Wynnpage Drive as it enters the subdivision. The
recorded plat has indicated a dedication of a public-right-of-way from Denton Tap Road with an
eighty (80') foot frontage to the point of beginning of the actual subdivision itself, which narrows
to a widtl~ of sixty (60') l~eet
In reviewing this matter we have been asked to opine whether or not the Homeowners
Association or private property owner has a right to place within the City dedicated right-of-way
landscaping or otherwise obstruct access to adjacent parcels of land not owned by the
Homeowners Associationt. Correspondingly, access to Denton Tap Road was contemplated to
the shaded right-of-way. It appears from the records we have reviewed in this matter that neither
the Homeowners Association or private property owner within Wynnpage Subdivision owns
either the northern or southern lots which are adjacent the public right-of-way that runs from
Denton Tap to the beginning of thc Wynnpage Subdivision. As a result thereof, those lots would
access Denton Tap through Wynnpage Drive.
' The northern and southern parcels adjacent to the eight-of-way in Exhibit "A" are owned by J. Wayne LeVell of
LT Real Estate Corporation.
FR N IE HOLS
DILLA4
965
o010
T 0
P.03/86
Mr Gary Sieb
February 28,2001
Page 2
The plat and the dedicatow language thereon contain no limitations. Specifically. we
quote the following from dae filed plat:
"That the easements being hereby dedicated for the mutual use and
accommodation for the City of Coppell and all public utilities designed to use are
using the same. And any public utility in the City of Coppell shall have the right
to remove all and any part of any buildings, fences, trees, shrubs, or other
improvements or growth which in any way endanger or interfere with
construction, maintenance, or eff~ctency of its respective systems on said
easements in the City of Coppell and all public utilities shall, at all times, have the
full right of ingress and egress upon said easements for the purpose of
constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or
removing all of the respective systems without the necessity at any time of
procuring permission from anyone."
This dedicatory language appear, in the filed plat signed by the previous owner and filed in the
Dallas County Deed Records.
Hence, lhe City has obtained a dedication of a public right-of-way and it enjoys
stewardship by the City. Gu(/S~dl~hz~r Co. v. R.vmcm., 221 S.W.2d 310 (Tex. Civ. App.--
Galveston 1920); Mc Craw v. (;it), of Dallas. 420 S.W.2d 793 (Tex. Civ. App. --Dallas 1967,
writ ref'd n.r.e.). Thus, once there has been a dedication of a street that is thc setting apart of
land for public use as a public right-o/:way or easement by the people for the public related uses
within the municipality Land dedicated for public use as a street may be utilized to conform to
modern plans for traffic acceleration, control and access to adjacent property. When a road or
street is dedicated to public use, duc governmental entity requires an easement of the street for
the benefit of the public. Further, the easement held necessarily carries with it the right to use
and control as much of the surl'ace Or subsurt:ace that is reasonably necessary for public access
and use. Unless a dedication stmeg otherwise, the abutting landowner acquires the fee simple
title subject to the public easement.
In addition, it is well settled that when the owner makes a dedication and the same is
accepted (that is by acceptance of the plat) the public becomes vested with all the rights that are
consistent with the public use of the property. Chambers Counm. v. £rost, 356 S.W.2d 470 (Tex.
Civ. App.--Waco 1962, writ ref'd n.r.e). The public rights extend to the surface that is consistent
with the public use of the property and not to invade or violate the rights of others. Furthermore,
the dedicator retains all rights and land that are not necessary for the enjoyment or use by the
public. Hence, those portions of the depicted easement on the plat for Wynnpage Subdivision
are an encumbrance or burden to the underlying fee. The public policy consideration also dictate
that public determination of proper access should be under the stewardship of the public for
mutual benefit. The public dedicated right-of-way is a burden or limitation, or encumbrance on
O'C T
Mr. Gary Sieb
February 28, 2001
Page 3
FR NICHOLS JACk:SOI'I DILLA4 965 881£~ TO 97£:z-:g~47~]63
P
the ownership of the underlying fee title. Cite omitted. Pittman v. City of Amarillo, 598 S.W.2d
941 (Tex. Civ. App. - Amarillo 1980, writ ref. n.r.e.). Moreover, a part)' may expressly reserve
rights that ordinarily would pass to the public where there is a legitimate purpose for the
reservation when it is clearly shown on the plat or dedicatory instrument. PI. Romv Co. v.
Thompson, t94 S.W.2d 120 (Tex. Civ. App. -- San Antonio 1985, ,,wit ref'd).
In the circumstances that are currently before us, it appears that the Wynnpage
Homeowners Association desires to place landscaping and other amenities within the public
right-of-way. It is our understanding that they have no license or other right granted from the
City to place such items within the tight-of-way. Moreover, it appears that the owner of the
northern and southern tracts which abut the right-of-way from Wynnpage to Denton Tap desires
now to develop that property. Inasmuch as the public access would be impeded as a result of the
placing shrubs or other landscaping items in an area which is sought to be utilized as ingress and
egress from the property to a public street, the Homeowners Association are not within right to
preclude that use without the express written permission of the City.
To the extent that we have received a lecture from Mr. Vodicka regarding the use of the
common areas and common property within the City, we are loss as to understand his
"unassailable cogency of the Wynnpage Homeowners Association". It is clear in the case of
Ellis v. dansing: 620 S.W.2d 569 (Tex. 1981) that a statute specifically precludes adverse
possession of property dedicated to the public use. Hence, tlie tact that the City has not utilized
all of the right-of-way or has failed to use the right-of-way at the current date does not indicate
an abandonment or an adverse use by thc Homeowners Association. We specifically cite to you
§ 16.030 of the Tex. Civ. Prac.& Rem, Code which states in relevant part, "a person may not
acquire through adverse possession the right or title to real property dedicated to the public use".
Hence, it is our position in this case that the public right-of-way as depicted on the plat
and map filed with the City regarding the dedication of the public street from Denton Tap to
entryway of Wynnpage remains within the pubhc dedicated right-of-way of the City of Coppell,
Texas, and as such, an adjacent property owner may have access to the public roadway from
their land to the public right-of-way as it intersects their property. There is no indication on the
maps and plats nor can we find that the Homeowners Association has any right, title, and/or
interest to interfere or otherwise impede access to the public right-of-way.
2881 88:48
FFI r~iCHOLS
DILLA4
965 OFdiO T,'i: '372:304786;3
Mr. Gary Sieb
February 28, 2001
Page 4
Thank you for your ~ttention to this matter.
at ),our convenience.
REH/cdb
If you have any questions please contact us
Very truly yours,
NICHOLS, JAC/K~N, DILLARD,
®CT
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JACKSON
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Minu~ of FebruarF 21~
The Planning and Zo~n~ C.---~°°~nn of the City of Coppell met in
pre-session a~ 7:uu p.m., and in regular session at 7:30 p.m., on
Thursday, February 21, 1991, at the Coppell Town Center, 255 Parkway
Boulevard, Coppell, Texas 75019. The following members were present:
Vice-Chairman, Robert Green
Commissioner, Charles Cotten
Commissioner, Melvin Gross
Commissioner, George Redford
Commissioner, Marsha Tunnell
Chairman Munsch and Commissioner Mayo were absent.
Also present were Director of Planning and Community Services Gary L.
Sieb, P&Z Coordinator Tar¥on Bowman and Administrative Secretary Linda
Glidewell.
Vice-Chairman Green called the meeting to order and everyone was asked to
stand while Commissioner Gross gave the invocation.
Item 4: Approval of Minutes of January 17, 1991
Commissioner Gross moved to approve the minutes of January i7,
1991, with a change to Item #5, it should state the vote was
(4-2) not (3-2). Commissioner Cotten seconded the motion;
motion carried (5-0) with Vice-Chairman Green and Commissioners
Cotten, Gross, Redford and Tunnell voting in favor of the
motion.
Item 5: Consider request for a zoning chaa~e, Case #PD-115, from (C)
Commercial to [PD-SF-7) Planned Development Single-Family-7,
located approximately 1,047 feet south of Sandy Lake Road, along
the west side of Denton TaR Road, at the request of Siepiela
Interests, Inc.
Director of Planning Gary L. Sieb introduced the item to the
Commission. Mr. ~ieb stated that thi~ ~equest oontain~ 20.37
acres. The request is for a single-family detached
development. Mr. Sieb further stated that he has held meetings
with the developer and surrounding property owners over the past
two weeks. Forty-two notices were mailed out to surrounding
property owners, with two responses being returned in favor of
the request and three responses being returned in opposition.
Mr. Sieb stated that drainage is a big issue concerning this
request; however, drainage is normally worked out during the
platting process.
Minutes of February 21, 1991
Planning & Zoning Commission
Page 2
Mr. Jim Siepiela of Siepiela Interests was present to represent
this item before the Commission and answer any questions. Mr.
Siepiela stated that he also has met with some of the property
owners adjoining this development. Mr. Siepiela stated that he
also felt the drainage issue was one of the major concerns with
this subdivision, which they will attempt to work out. At the
request of the surrounding homeowners, they have agreed to go
from 1650 square foot minimum house size to 1850 square foot
minimum house size. Mr. Siepiela then stated that they have
also agreed to build a screening fence along the western
property at the time they develop the subdivision.
Vice-Chairman Green then opened the public hearing and asked for
persons wishing to speak in favor of the request. Those persons
speaking were:
J.C. Thweatt Rt. 1, Box 188, Denton Tap
He then asked for persons wishing to speak in opposition to the
request. Those persons speaking were:
Paula Lavelle
Chuck Faerber
Barbara Bailey
Sandy Ryder
Buddy Carter
203 Fieldcrest Loop
226 Southern Belle
232 Plantation
252 Plantation
202 Carolina Court
David Moore 228 Plantation
Mary Evelyn Mobley 709 S. Coppell Road
Becky Bedford 236 Plantation
Michael Speck
Noble Fortson
Chris Bukaty
Dan Sexton
Julie Speck
Mark Pinter
Pat Thompson
Monte Daly
222 Southern Belle
224 Plantation
244 Plantation
216 Plantation
222 Southern Belle
248 Plantation
140 Fieldcrest Loop
206 Richmond Court
The public hearing was then declared closed.
At this time Commissioner Cotten asked Vice-Chairman Green to
clarify for the audience that the notices mailed to property
owners were not from the developer, but rather from the City.
The notices were mailed to property owners within 200 feet of
the proposed zoning change.
Minutes of February 21, 1991
Planning & Zoning Commission
Page 3
Following discussion Commissioner Gross moved to deny Case
#PD-115 without prejudice· The motion died due to the lack of a
second·
Commissioner Cotten then moved to approve Case #PD-115 with the
following conditions:
· 7,400 square foot minimum lot size
· 66 foot minimum lot width
8 foot minimum side yard
· 25 foot minimum front yard
. 20 foot minimum rear yard
· 79 lots maximum
· 1,850 square foot minimum air conditioned house size
· 8 foot wooden screening fence with cap on western
boundary
· 6 foot masonry screening fence on southern boundary
(Lots 10-15) and 6 foot wooden screening fence on
remainder (Lots 3-9) of lots in Block A
. 6 foot minimum masonry screening fence on eastern
and northeastern residential boundary
· landscaping on outside of southern masonry fence
along Plantation
· establishment of homeowners association to maintain
screening fences and all common areas
· maximum one story structures on Lots 11-26, Block A
alleys throughout subdivision
landscaping as shown on plans
Commissioner Gross seconded the motion; motion carried (5-0)
with Vice-Chairman Green and Commissioners Cotten, Gross,
Redford and Tunnell voting in favor of the motion.
The Commission recessed for a short break at this time.
Item 6:
Consider request of a replat of Lot 12-R, Block A, Shadow Woods
Addition, located near the southwest corner of Coppell Road and
Thweatt Road, at the request of Centex Real Estate Corporation.
P&Z Coordinator Taryon Bowman introduced the item to the
Commission. Ms. Bowman stated that this request is for a replat
of Lot 12-R of Shadow Woods Estates· The original plat was
approved by the City Council in July of 1989. She further
stated that the purpose of this request is to prevent a boundary
dispute with the property owners to the south, of the Irby
Addition· Ms. Bowman then stated that staff recommends approval
of this request·
P & Z HEARING DATE:
C. C. HEARING DATE:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
WYNNPAGR ADDITION - FINAL PLAT
3uly 22, 1991
August 13, 1991
LOCATION:
Approximately 1,400 feet south of Sandy Lake Road, and 200
feet east of Denton Tap Road.
SIZE OF AREA: 20.72 Acres.
REQUEST:
Approval of a final plat as submitted.
APPLICANT:
Siepiela Interests, Inc.
(Owner)
5001LBJ Freeway, Suite 830
Dallas, Texas 75244
(214) 960-2777
Unzicker, Schnurbusch
and Associates, Inc.
(Engineer)
REP: Kevin Kendrick
8700 Stemmons Freeway
Suite 400
Dallas, Texas 75247
HISTORY:
A PD, Case #PD-115, was approved by the City Council on
March 26, 1991, with conditions as follows:
1) 9,000 square foot lot minimum on Block A, lots 15-27
(along the western boundary), 8,450 square foot lot
minimum on Block A, lots 13 and 14, remaining lots
7,400 square foot minimum;
2) 75' minimum lot width for Block A, lots 19-27,
remaining lots - 66' minimum lot width;
3) minimum side yard - 8'
4) minimum rear yard - 20'
5) minimum front yard - 25'
6) minimum size of structures - 1,850 square feet
7) maximum height of structures - 1 story on Block A,
lots 13-27, remaining lots - 2 story;
8) screening -
a) 8' wooden screening fence (with metal posts and
caps) along the western boundary,
b) 6' masonry screening fence on southern boundary
(along Block A; lots 13-17),
ITEM 12
c) 6' wooden screening on Block A, lots 5-12
d) 6' masonry screening fence along the eastern and
northeastern residential boundary,
9) provide landscaping along the southern side of
southern masonry fence,
10) establish a homeowners association to maintain
screening fences and all common areas,
11) landscaping to be provided as shown on plans,
12) the preliminary and final plat must be submitted along
with acceptable drainage plans
13) Maximum number of lots - 78
TRANSPORTATION:
Wynn Page Drive will become the main access road into the
sub-division off Denton Tap Road, and a second access will
be provided on the north side of the property as the parcel
to the north develops.
ANALYSIS:
Wynnpage Addition was first submitted as a planned
development with an assortment of conditions ranging from
limitations on heights of structures, to adding landscaping
elements along the borders of adjoining properties. A
considerable amount of effort has been put into the PD and
the plat, on the part of the neighborhood groups, Planning
and Zoning Commission, City Council and staff, to assist in
the formation of a subdivision that will be a benefit to
the community.
The final plat for Wynnpage reflects all of the conditions
of approval as a part of Case #PD-115. Staff recommends
approval of the plat as submitted.
ALTERNATIVES: 1) Approve the final plat as submitted
2) Deny the final plat
ATTACHMENTS: 1) Final Plat
WYNPGSTF
Planning & Zoning Comission J
Page 5 ., _
4) that the developer use chemical algae prevention in
maintaining the pond, as well as a fountain aeration device,
5) that there be a 25 foot building line throughout the
development, and
6) that there be a Homeowners Association created, and the
purchaser be notified of the Association, as a part of the
contract of sale
Commissioner Redford seconded the motion; motion carried (5-1)
with Chairman Munsch and Commissioners Mayo, Redford, Cotten and
Gross voting in favor of the motion, and Commissioner Green
voting against the motion.
Item 9: Consider request for approval of a~preliminar¥ olaf of Wynnpage
Addition, located approximately ~UU feet north of Sandy Lake
Road, along the east side of Lodge Road, at the request of
Siepiela Interests.
P&Z Coordinator Taryon Bowman introduced the item to the
Commission. Ms. Bowman stated that this request is located on
20.377 acres of land. She also stated that the zoning for this
property was approved one month ago. At the time this item went
to City Council, they added additional conditions, which
include:
1) 9,000 square foot lot minimum on Block A, lots 15-27
(along the western boundary), 8,450 square foot lot
minimum on Block A, lots 13 and 14, remaining lots
7,400 square foot minimum;
2) 75' minimum lot width for Block A, lots 19-27,
remaining lots - 66' minimum lot width;
3) minimum side yard - 8'
4) minimum rear yard - 20'
5) minimum front yard - 25'
6) minimum size of structures - 1,850 square feet
7) maximum height of structures - 1 story on Block A,
lots 13-27, remaining lots - 2 story;
8) screening -
a) 8' wooden screening fence (withmatal posts and
caps) along the western boundary,
b) 6' masonry screening fence on southern boundary
(along Block A; lots 13-17),
c) 6' wooden screening on Block A, lots 5-12
d} 6' masonry screening fence along the eastern and
northeastern residential boundary,
9) provide landscapin~ along the southern side of
southern masonry fence,
Minutes of April 18, 1991
Planning & Zoning Commission
Page 6
Item 10:
10) establish a homeowners association to maintain
screening fences and all common areas,
11) landscaping to be provided as shown on plans,
12) the preliminary and final plat must be submitted along
with acceptable drainage plans
13) Maximum number of lots - 78
Mr. Lynn Meyer of Unzicker, Schnurbusch and Associates was
present to represent this item before the Commission and enswer
any questions.
Following discussion, Commissioner Gross moved to approve the
preliminary plat of Wlampage Addition with the following
conditions:
1) with the lot numbers corrected as stated by Taryon Bowman,
2) that there be minimum 9,000 square foot lots on parcels
15-27, and minimum 8,450 square foot lots on parcels 13 and
14,
3) maximum height be one story in Block A, lots I3-27, and
4) all other requirements required by City Council be adhered
to
Commissioner Cotten seconded the motion; motion carried (5-1)
with Chairman Munsch and Commissioners Redford, Green, Cotten
and Gross voting in favor of the motion, and Commissioner Mayo
voting against the motion.
Consider request for approval of a final plat of Pecan Ridge
Estates, located at the northwest corner of Sandy Lake Road
Lodge Road, at the request of Ron Fraze.
and
Director of Planning Gary L. $ieb introduced the item to the
Commission. Mr. Sieb stated that the plats for Pecan Ridge and
Pecan Valley are almost identical, and located across from one
another. He stated that the staff recommendation was that staff
would be in favor of this plat provided the applicant had made
considerable progress in obtaining Lodge Road improvements,
which was a condition of the zoning approval by Council. Mr.
Sieb then stated that there is a contract that Mrs. Ihnfeldt has
verbally agreed to. Therefore, staff would recommend approval
of this plat.
Mr. Ron Fraze of Gateway International was present to represent
this item before the Commission and answer any questions.
The City With A Beautiful Future
P.O. Box 478
Coppell, Texas 75019
214 - 462 - 0022
July 23, 1991
Mr. Jim Siepiela
Siepiela Intersts
5001LBJ Freeway
Suite 830
Dallas, Texas 75244
RE: WYNNPAGE ADDITION - FINAL PLAT
This letter is to inform you that your request for application of a final
pl~t of the Wynnpage Addition, was recommended for~by the Coppem~T~
~T~ing and Zoning Commission on Monday, July 22, 1.~7~-~-
The tentative date scheduled for consideration by the Coppell City Council
is Tuesday, August 13, 1991, at 7:00 p.m. A representative for this case
must be present at the City Council meeting. Failure to represent this
item may result in the denial of this application.
If you have any questions regarding this matter, please contact me at
(214) 462-0639.
Ga.ky L.,,Sieb, A.I.C.P.
Director of Planning & Community Services
GLS/isg
xc: Taryon Paster Bowman, P&Z Coordinator
File
WYNPGPZ.ACT
Planning and Zoning Commission \
age 4 ,
Mr. Lynn Meyer was present to represent this item before the
Commission end enswer any questions.
Following discussion, Commissioner Gross moved to approve the
request for vacating the final plat of the DTC Addition.
Commissioner Redford seconded the motion; motion carried (7-0)
with ChairmenMunsch and Commissioners Mayo, Redford, Green,
Tunnell, Cotten and Gross voting in favor of the motion.
Item 12: Consider request for a final plat of W~a%npage Addition, located
1400 feet south of Sandy Lake Road end 200 feet west of Denton
Tap Road, at the request of 8iepiela Interests.
Director of Planning Gary L. Sieb introduced the item to the
Commission.
Following discussion, Commissioner Tunnel moved to approve the
final plat of the Wynnpage Addition. Commissioner Cotten
seconded the motion; motion carried (7-0) with Chairman Munsch
and Commissioners Mayo, Redford, Green, Tunnell, Cotten and
Gross voting in favor of the motion.
Item 13: Consider request for a name change on a final plat from Villages
of Coppell, Phase 4A, to Grand Lakes Addition, located along the
west side of Allen Road end south of DeForest Road, at the
request of Steve Brooks, Developer.
Director of Planning Gary L. Sieb introduced the item to the
Commission. Mr. Sieb stated that this item is being withdrawn
at the applicants request.
Commissioner Cotten moved to deny the name change of Villages of
Coppell, Phase 4A. Commissioner Tunnell seconded the motion;
motion carried (7-0) with Chairmen Munsch and Commissioners
Mayo, Redford, Green, Tunnell, Cotten and Gross voting in favor
of the motion.
DISCUSSION
Item 14: General discussion concerning planning and zoning issues.
Director of Planning and Community Services Gary L. Sieb stated
that approximately one year ago the Planning Commission was
appointed as the Advisory Committee to the Impact Fee Ordinance,
as mandated by State Law. State Law also stated that after six
The City W' '
August 14, 1991
P.O. Box 478
Coppell, Texas 75019
214 - 462 - 0022
Mr. Jim Siepiela
Siepiela Interests
5001LBJ Freeway
Suite 830
Dallas, Texas 75244
RE: WYNNPAGE ADDITION - FINAL PLAT
Dear Mr. Siepiela:
This letter is to inform you that your request for application of a ~
of the Wynnpage Addition, was approved by the Coppell City Counc~il on
st 13, 1991, with the following conditions:
1) 9,000 square foot lot minimum on Block A, lots 15-27 (along the
western boundary), 8,450 square foot lot minimum on Block A, lots 13
and 14, remaining lots 7,400 square foot minimum;
2) 75' minimum lot width for Block A, lots 19-27, remaining lots - 66'
minimum lot width;
3) minimum side yard 8';
4) minimum rear yard 20';
5) minimum front yard 25';
6) minzmum size of structures - 1,850 square feet;
7) maximum height of structures - 1 story on Block A, lots 13-27,
remaining lots - 2 story;
8) screening:
a) 8' screening fence (with metal posts and caps) along the
western boundary,
b) 6' masonry screening fence on southern boundary (along Block A;
lots 13-17),
c) 6' wooden screening fence on Block A, lots 5-12,
d) 6' masonry screening fence along the eastern and northeastern
residential boundary
9) provide landscaping along the southern side of southern masonry
fence;
10) establish a homeowners association to maintain screening fences and
all common areas;
11) landscaping to be provided as shown on plans;
12) the preliminary and final plat must be submitted along with;
acceptable drainage plans; and
13) maximum number of lots - 78.
Your next step will be the execution of the final plat for Wynnpage
Addition. Please find attached a procedures list which provides
information on filing executed plats. If the final plat has not been
submitted for signatures by City officials prior to February 13, the plat
shall be deemed null and void, resubmittal shall be required, and current
subdivision regulations shall apply.
If you have any questions regarding this matter, please contact me at
(214) 462-0639.
Sincerely~
GL~lsg
xc: Taryon Bowman, P&Z Coordinator
ATTACHMENT
WYNPGCC.ACT
Road, at the request of Siepiela Interests. Mayor Pro Tern Smothermon seconded the motion.
The motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Morton,
Cowman, Robertson and Nelson voting in favor of the motion.
ITEM 11
To consider approval of a glaal_lilat for Xy_vnnnaoe ~ddifinn, located
approximately 1,400 feet south of Sandy Lake Road and 200 feet west of Denton
Tap Road, at the request of Siepiela Interests.
Planning and Community Services Director Gary Sieb made the presentation to Council. Mayor
Pro Tern Smothermon moved to approve a final plat for Wynnpage Addition, located
approximately 1,400 feet south of Sandy Lake Road and 200 feet west of Denton Tap Road,
with the following conditions:. 1) 9,000 square foot lot minimum on Block A, lots 15-27 (along
the western boundary), 8,450 square foot lot minimum on Block A, lots 13 and 24, remaining
lots 7,400 square foot minimum; 2) 75' minimum lot width for Block A, lots 19-27, remaining
lots = 66' minimum foot width; 3) minimum side yard - 8'; 4) minimum rear yard - 20'; 5)
minimum front yard - 25'; 6) Minimum size of structures - 1,850 square feet; 7) maximum
height of structures - 1 story on Block A, lots 13-27, remaining lots - 2 story; 8) screening -
a) 8' wooden screening fence (with metal posts and caps) along the western boundary, b) 6'
masonry screening fence on southern boundary (along Block A; lots 13-17), c) 6' wooden
screening on Block A, lots 5-12 d) 6' masonry screening fence along the eastern and
northeastern residential boundary; 9) provide landscaping along the southern side of southern
masonry fence; 10) establish a homeowners association to maintain screening fences and all
common areas; 11) landscaping to be provided as shown on plans; 12) the preliminary and
final plat must be submitted along with acceptable drainage plans 13) Maximum number of lots
- 78. Councilman Morton seconded the motion. The motion carded 6-0 with Mayor Pro Tern
Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor
of the motion.
ITEM 12
To consider approval of a preliminary plat for Chautaugua Place Addition,
located along the west side of Harris Road, at the intersection of Bethel School
Road, at the request of Matthews Investments Southwest.
Planning and Community Services Director Gary Sieb made a presentation to Council.
Councilman Morton moved to approve a preliminary plat for Chauta'xgua Place Addition, located
along the west side of Harris Road, at the intersection of Bethel School Road. Mayor Pro Tem
Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon
and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the
motion.,
ITEM 13
Consideration of approving a variance to the Floodplain Management Ordinance
#87930, Art. 4, Sec. B, Item #11 (a), which states that the Floodplain
Administrator must "assure that conditional approvals are received from FEMA
before a Floodplain Development Permit is issued", for the proposed University
Park Project along Stream G-l, a tributary of Grapevine Creek.
Planning/uad Community Services Gat-y- Sieb made a presentation to Council. He stated that a
letter dated August 5 from the consulting Engineer, Ron Morrison, recommended to Council that
this variance be granted, subject to basic-"-, three conditions: (1) Council approve the variance
(2) Applicant obtain all required permits as he develops this land (3) Applicant use the slope
area method to determine the hundred year flood plain as opposed to the peak on peak
F
COPP-EI_JE AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # _~~
ITEM CAPTION:
Consider approval of the St. Joseph Village, Lots 1-4, Block A, Final 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, approximately 1200' east of MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1)
2)
An amended landscape plan being submitted the Director of Planning prior to the
Certificate of Occupancy being issued for the first building within 200 feet of Sandy
Lake Road or the construction of Sandy Lake Road, whichever occurs first, which
provides for the relocation of the trees from the Sandy Lake Road right-of-way to
elsewhere on the site, targeting the frontage of Sandy Lake Road and the adjacent
drainage channel. The Director shall determine if administrative approval could be
granted for the placement of these trees.
,h~ ~, (CONDITION MET)
(CONDITION MET)
5) Engineering comments, as attached.
6) TXU easements, as needed, are to be provided on the Final Plat.
Staff recommends approval.
DIR. INITIALS: ~5- FIN. REVIEW:(~ CITY MANAGER REVIEW:
Agenda Request Form -i~:vis;d 5/00 ~StJoeFP
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: ST. JOSEPH VILLAGE FINAL PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
September 20, 2001
October 9, 2001
Maxcie Diamond, Assistant Planning Director
LOCATION:
SIZE OF AREA:
Along the south side of Sandy Lake Road, 1,200 feet east of MacArthur
Boulevard.
Approximately 51.17 acres of property to be developed with 437
residences, a chapel, and ancillary uses.
CURRENT ZONING: PD-114R (Planned Development-114) Residential/Rest Home/Nursing Home
REQUEST:
Final Plat approval
APPLICANT:
St. Joseph Village, Inc. Architect: Aguirre Corp.
c/o Joe Dingman Michael Millican
180 Samuel Blvd. 12700 Park Central, 15th Floor
Coppell, Texas, 75019 Dallas, Texas
(972) 241-1272 (Joe Dingman) (972) 789-2645
Fax (972) 241-1214 Fax (972) 788-1583
HISTORY:
On July 10, 200t, City Council approved a preliminary plat for this 51.17
acre tract of property, subject to several conditions which needed to be
addressed on the Final Plat. 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.
Page 1 of 4
Item # 10
TRANSPORTATION:
Sandy Lake Road is proposed to be a C4D/6 4-lane divided roadway,
contained within a 11 O-foot fight-of-way. Starleaf Street is proposed to be
33-feet wide through this area within a 55-foot fight-of-way.
SURROUNDING LAND USE & ZONING:
North- scattered single family housing and vacant property; SF-12
South - MacArthur Park and vacant; LI, O and SF-7
East - TXU easemems 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:
Page 2 of 4
In March of this year, City Council approved the zoning for a retirement
facility on this property. The preliminary plat was approved in July,
which designated 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. This preliminary plat approval was
subject the resolution of several issues prior to the approval and filing of
the final plat for this property.
The first issue was 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 dated September 6, 2001, the City
of Irving recognizes the provision of the additional 10 feet of easement in
addition to their existing 20-foot easement to protect their water line. The
attached revised site plan for the Phase 2 cottages relocates the building
footprints out of the easement area. The other issues outlined in the City
of Irving's letter will be addressed as part of the engineering and
construction process.
The second major issue related to the depiction of the Sandy Lake Road
R.O.W. and its impact on the proposed tree placement along Sandy Lake
Road. This R.O.W. is now accurately reflected on the plat. When the
Item # 10
including the plan, it will be determined if administrative approval could be
granted for the placement of these trees.
2) Inclusion of a 20' pedestrian ingress and egress easement across Lot 4 for the
pedestrian bridge on the plat.
3) Correction of the City's signature blocks as specified on pages 30 and 31 of
the Subdivision Ordinance and as provided to the applicant and again with the
DRC comments.
4) Provide required notes ~om the Floodplain Ordinance, in addition to the
Floodplain signature block that is shown.
5) Engineering comments, as attached.
6) TXU easements, as needed, are to be provided on the Final Plat.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request.
3) Recommend modification of the request.
ATTACHMENTS 1) Engineering comments
2) Letter from the City of Irving, dated September 6, 2001
3) Final Plat
4) Site Plan for Phases I and II cottages
Page 4 of 4
Item# 10
landscape plan is overlaid on the plat it appears that three-quarters of the
58 trees proposed to buffer the road from the drainage area are located
within the City's R.O.W. and over the City of Dallas's 20' water line
easement. This easement contains a 36" water line, which is the main
source of water for the City of Coppell. The planting of trees is not
recommended over this easement. Also, the planting of trees prior to the
widening of Sandy Lake Road is not advisable, due to the potential
disturbance of those trees during road construction. Therefore, it is
recommended the 41 trees indicated on the approved landscape plan in the
R.O.W and/or within the easement be relocated elsewhere on the site,
preferably along the frontage on private property, or directly south of the
drainage channel. There is also a potential for some tree plantings within
the drainage area, subject to the approval of the Engineering Department.
An amended landscape plan needs to be submitted to the Director of
Planning prior to the Certificate of Occupancy being issued for the first
building within 200 feet of Sandy Lake Road or the construction of Sandy
Lake Road, whichever occurs first, to determine if administrative approval
could be granted for the placement of these trees.
As part of the preliminary plat approval, there was a note that there will be
a 20' pedestrian ingress and egress easement between the River Ridge
Addition and Starleaf Street, across Lot 4 of this property, to provide
access to the elementary school. The alignment for this pedestrian bridge
has been set, and therefore, an easement needs to be included on this final
plat prior to filing it with the county.
There are still several drafting errors which need to be corrected prior to
the filing of the plat, and are detailed below. As of this date, TXU
easements are also still needed.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Final Plat for the St. Joseph Addition, subject to the
following conditions:
1)
An amended landscape plan being submitted the Director of Planning prior
to the Certificate of Occupancy being issued for the first building within
200 feet of Sandy Lake Road or the construction of Sandy Lake Road,
whichever occurs first, which provides for the relocation of the trees from
the Sandy Lake Road fight-of-way to elsewhere on the site, targeting the
frontage of Sandy Lake Road and the adjacent drainage channel. By
Page 3 of 4
Item# 10
DEVELOPMENT REVIEW COMMITTEE
ENGINEERING COMMENTS
ITEM:
St. Joseph Village, Lots 1-4, Block A, Final 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, approximately 1200' east of MacArthur Boulevard, at the request
of St. Joseph Village, Incorporated.
DRC DATE: August 30, 2001 and September 6, 2001
CONTACT: Kenneth M. Griffin, P.E., Director of Engineering (972-304-3679)
COMMENT STATUS: or, rr
Provide required notes from the Floodplain Ordinance in addition to the Floodplain Signature
block that is shown.
On your storm sewer plan, you are showing 9 headwalls discharging into the channel along
the north side of this development. You should consider turning a parallel drainage system
adjacent to the channel and only discharge twice into the channel. The introduction of
headwalls into the channel will create erosion over a period of time.
8EP 1 0 2001
September 6, 2001
Mr. Gary Sieb
Director of Planning and Community Services
City of Coppell
PO Box 9478
Coppell, TX 75019
Subject: St. Joseph Village Development
Final Plat Submittal
Dear Mr. Sieb:
I received a final plat submittal from Mr. Mike Millican of Aguirre Corporation regarding the
proposed development of the St. Joseph Village in the City of Coppell. The plat now includes an
additional 10 feet of permanent easement for our 54-inch diameter water pipeline as requested on
the current City of Coppell water tank site..
We appreciate the additional easement as it will provide a much needed buffer between the
pipeline and the development and will help with fi~ture maintenance activities. However, there
are still several issues mentioned in a previous letter that need to be resolved:
Previous plans showed some of the building footprints on the northeast part of the property
inside our easement. Permanent structures are not allowed within our easement. I have not
seen the latest drawings and do not know if this has been addressed.
We have a butterfly valve manhole and an air relief valve manhole located in the proposed
Star Leaf Road right-of-way. 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
ei~e!ine is moved. The Ci~' would' consid~ ha'~ing t.he p~elL-,,o ~ved outside of the new
~l~velopment road (i.e. straightened.out), but not at'our expense: This would require our
easement to be relocated.
· We will need to review and approve the design detail for the stormwater pipe crossing of
our pipeline.
· 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.
CITY OF IRVING
PUBLIC WORKS DEPARTMENT · ~,VATER LITILITIES DIVISION
P.O. Box 152288, IRVING, TX 75015-2288 ' 3000 Rock ISLAND ROAD. IRVING, TX 75060
0'7'> '7'>1 '>?R1 . FAY ct7~ 7~1
Mr. Gary Sieb
September 6, 2001
Page 2
Most of the issues listed above were included in a previous letter and have not been addressed at
this time by Mr. Millican. We do not want to impede development, but we need our pipeline
concerns addressed to reduce the risk of future problems. 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
pc:
Jack Angel, Director Public Works
David Ryburn, Asst. Dir. Public Works, Water Utilities
Doug Janeway, Real Estate Services Manager
Ken Griffin, City of Coppell
Michael Milliean, Aguirre Corporation
'1' H E (2 I T Y · 0 F
COPP-EiJf, AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # __~__
ITEM CAPTION:
Consider approval of the Trinity Shores, Lots 1-19, Final Plat. to allow the platting of 19 single-family lots
and two common areas on approximately 7.2 acres of property located along the south side of Sandy Lake
Road, west of the Trinity River.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: September 20, 2001
Decision of P&Z Commission: Approved (5-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark
and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1)
2)
3)
Compliance with Engineering Department comments (attached).
TXU easements being provided on the plat.
Park fees of $1,285 per dwelling unit will be required.
Staff recommends approval.
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
FIN. REVIEW:
CITY MANAGER REVIEW:
~TrinS~
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: TRINITY SHORES~ LOTS 1-19~
AND TWO COMMON AREAS
FINAL PLAT
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
September 20, 2001
October 9, 2001
Marcie Diamond, Assistant Director of Planning
LOCATION:
SIZE OF AREA:
Along the south side of Sandy Lake Road, west of the Trinity
River.
Approximately 7.31 acres of property, containing 19 residential
lots and two common areas.
CURRENT ZONING:
PD- 190 (Planned Development- 190)
REQUEST:
Final Plat approval.
APPLICANT:
Owner
Matthew Marchant
Hobart Development, Inc.
2125 N. Josey Lane, Suite 100
Carrollton, Texas 75006
972-841-6127
FAX 972-446-1108
Engineer
Jahvani Consulting Eng., Inc.
2125 N. Josey Lane, Suite 202B
Carrollton, Texas 75006
972-446-0605
FAX 972-446-1108
HISTORY:
The preliminary plat for this property was approved by the City
Council on June 12, 2001, subject to several conditions, including
Page 1 of 3
Item # 9
the release of the updated F.E.M.A. map indicating that most of this
property is out of the 100-year flood plain.
TRANSPORTATION:
Sandy Lake Road is currently a two-lane asphalt road. On the
Thoroughfare Plan, it is designated as a C4D/6. Initial improvement
will be to a four-lane divided thoroughfare and could be expanded to
six-lanes in the furore.
SURROUNDING LAND USE & ZONING:
North- Undeveloped; A (Agriculture)
South - Single-Family homes and golf course; SF-7, Eagle Point Village at
Riverchase and Riverchase Golf Course
West - Single-Family homes and undeveloped; SF-9, Riverview Estates and
R (Retail)
East - Bait Shop and out-buildings and Trinity River Flood Plain; R (Retail)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
flood plain. However, per preliminary F.E.M.A. studies, all
but the southwest comer of the property is out of the 100-
year flood plain.
DISCUSSION:
This final plat is in conformance with the approved preliminary plat for
this property, which indicated 19 single-family lots and two common areas
within an "L" configuration extending from Sandy Lake Road. This
subdivision is zoned PD-190, SF-9 and is in compliance with the SF-9
District requirements, as well as additional conditions specific to this PD.
The Planned Development conditions include the screening and
landscaping of the common areas, decorative metal fencing adjacent to the
golf course area, solid fencing along the neighbors to the east, swing entry
garages, waiver of the alley requirement and cul-de-sac length. The
common areas will be owned and maintained by the Homeowners
Association. The City Attorney has reviewed and approved the
Homeowners Association documents.
One of the main technical issues with this plat was the delineation of the
100-year flood plain. The updated F.E.M.A maps were published last
month, which indicate that all but a small comer of the subject property is
located outside the 100-year flood plain, and is therefore developable.
Page 2 of 3
The Engineering Department has several comments as they relate to final
engineering and construction of this subdivision. These comments will
Item# 9
not have a significant impact on the layout of the lots or the design of the
plat as shown. They are attached hereto for informational purposes to the
applicant.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Final Plan for Trinity Shores, subject to: 1) Engineering Department comments
2) TXU easements being provided on the plat.
3) Park fees of $1,285 per dwelling unit.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS: 1) Engineering Comments
2) Final Plat
Page 3 of 3
Item# 9
DEVELOPMENT REVIEW COMMITTEE
ENGINEERING COMMENTS
ITEM:
Trinity Shores, Lots 1-19, Final Plat, to allow the platting of 19 single-family
lots and two common areas on approximately 7.31 acres of property located
along the south side of Sandy Lake Road, west of the Trinity River, at the
request of Hobart Development, Inc.
DRC DATE: August 30, 2001 and September 6, 2001
CONTACT: Kenneth M. Griffin, P.E., Director of Engineering (972-304-3679)
COMMENT STATUS:
1. The proposed inlet to the west of your street connection to Sandy Lake Road is a low point
inlet and cannot be relocated. This may affect the location of your street connection to Sandy
Lake Road as it appears to have inadequate space for the street and the curb return in
additional to the transition to the low point inlet. You should coordinate with the engineer for
Sandy Lake Road project to relocate the inlet west.
2. The area to your east, labeled as the Harrington site, drains onto your site. You should make
adequate accommodations for that drainage. This will be evaluated in greater detail during
plan review process.
3. An off-site easement will be required for the continuation of your storm drain system between
lots 11 and 12.
4. Some type of on-site drainage system will be required for lots 6, 7, 8, 9 and potentially 10
and 11 to handle the on-site water. While you are showing some systems to accommodate the
drainage, your design will be reviewed in detail during plan review. Some accommodation of
drainage will be needed for lots 3-6, Block A.
~-~l~Z~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM #
ITEM CAPTION:
Consider appointment of two members to the Keep Coppell Beautiful Committee.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT $
Fn~cm~ CO~m~N~S:~\~
AMT EST $
DIR. INITIALS:
Agenda Request Form- Revised 5/00
FIN. REVIEW: ~
+X-BID $ '~
CITY MANAGER REVIEW:
Document Name: %kcbappt. dac ~
~-~~~~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 9, 2001 ITEM # __~~
CITY MANAGER'S REPORT
Ao
Riverchase walkway.
Future work sessions.
CITY MANAGER'S REVIEW:
FUTURE WORK SESSIONS
October 23, 2001
1. Review City Emergency Management Plan
November 13, 2001
1. Update Council Goals
2. Update City Entrance Monuments
December 11, 2001
1. Update on City Road Construction Projects
CITY COUNCIL MEETING: October 9, 2001 ITEM
MAYOR AND COUNCIL REPORTS
B.
C.
D.
E.
Report by Mayor Sheehan regarding Dallas Regional Mobility Coalition.
Report by Mayor Sheehan regarding Metroplex Mayors.
Report by Coun¢ilmember Stover regarding CMS North Student Council.
Report by Councilmember Raines regarding YMCA.
Report by Councilmember Garcia regarding the Senior Adult Services
Challenge Golf Tournament.
Mayor's
CITY MANAGER'S REVIEW: