CP 2001-11-13NOTICE OF CITY COUNCIL MEETING AND AGENDA
NOVEMBER 13, 2001
CANDY SHEEHAN,
Mayor
BILL YORK,
Mayor Pro Tern
GREG GARCIA,
JAYNE PETERS,
DIANA RAINES,
Place 1
Place 2
Place 3
MARSHA TUNNELL,
DOUG STOVER,
DAVE HERRING,
JIM WITT, City Manager
Place 7
Place 4
Place 5
Place 6
MEETING TIME AND PLACE:
Call to Order
Executive Session
Work Session
Regular Session
5:30 p.m.
Immediately Following
Immediately Following
7:00 p.m.
Council Chambers
Ist FI. Conf. Room
Ist FI. Conf. Room
Council Chambers
(Open to the Public)
(Closed to the Public)
(Open to the Public)
(Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will meet
in Regular Called Session on Tuesday, November 13, 2001, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., with Executive Session immediately following, 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 7
ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION
(Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code Consultation with City
Attorney.
1. Consult with Darrrell Noga regarding License Agreement.
WORK SESSION
(Open to the Public)
Convene Work Session
A. Discussion regarding
selection of Retail Electrical
update regarding Registration of Electrical Providers.
Update regarding Council Goals.
Update regarding City Entrance Monuments.
Discussion of Agenda Items.
Provider and
REGULAR SESSION
(Open to the Public)
4. I nvocati o n.
5. Pledge of Allegiance (Partners in Education).
Consider approval of a proclamation naming the month of December as
COPPELL lSD EDUCATION FOUNDATION MONTH, and authorizing the
Mayor to sign.
Citizen's Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
Consider approval of minutes: October 9, 2001
October 23, 2001.
Land Use and Development
Consider approval of an ordinance to amend Ordinance No. 90489
the Coppell Thoroughfare Plan Article 15-9 of the Code of Ordinance
to designate Bethel Road from Royal Lane to the west city limits as a
four. lane divided boulevard (C4D); and authorizing the Mayor to sign.
Consider approval of a development agreement between Amberpoint
at Coppell, L.L.C. and the City of Coppell to allow for the dedication
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Page 2 of 7
ITEM # ITEM DESCRIPTION
Do
Fo
of right-of*way necessary for Sandy Lake Road, State Road, and the
construction of Northpoint Drive in consideration of a 100% credit
against future impact fees on the Amberpoint Business Development;
and authorizing the Mayor to sign.
Consider approval of a license agreement between the City of
Coppell and David J. and Diana R. Fischer to allow for the continued
use of a portion of a sanitary sewer easement located at 1002
Forestwood Lane; and authorizing the Mayor to sign.
Consider approval of an Ordinance for Case No. PD.186R2, Duke-
Freeport, zoning change 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, and authorizing the
Mayor to sign.
Consider approval of an Ordinance for Case No. S.1192, Pizza Inn,
zoning change 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., and
authorizing the Mayor to sign.
END OF CONSENT
10.
11.
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 Texas Dugan, L.R, described as Freeport North Addition,
Block A, Lot 2 (17.824 acres) and located on S. Royal Lane and south of
Creekview Drive, Coppell, Texas.
Consider approval of an Ordinance designating the Texas Dugan, L.P.
Reinvestment Zone No. 33, and authorizing the Major to sign.
.Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and Texas Dugan, L.R, and authorizing the
Mayor to sign.
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Page 3 of 7
ITEM # ITEM DESCRIPTION
12.
13.
14.
15.
16.
17.
18.
19.
1
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 Texas Dugan, L.R, described as Duke Freeport Addition,
Block A, Lot 4 (26.659 acres) and located between Coppell Road and
Freeport Parkway Extension, north of Bethel Road, Coppell, Texas.
COnsider approval of an Ordinance designating the Texas Dugan, L.P.
Reinvestment Zone No. 36, and authorizing the Mayor to sign.
Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and Texas Dugan, L.R, and authorizing the
Mayor to sign.
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 Centex Commercial Development Corporation, Centex
Homes, CTX Mortgage and Commerce Land Title, described as Vista Ridge
Addition, Block G, Part of Lot 3 (7.01 acres) and located at the southwest
corner of S.H. 121 and MacArthur Boulevard, Coppell, Texas.
Consider approval of an Ordinance designating the Centex Commercial
Development Corporation, Centex Homes, CTX Mortgage, and Commerce
Land Title as Reinvestment Zone No. 37, and authorizing the Mayor to sign.
Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and Centex Commercial Development
Corporation, Centex Homes, CTX Mortgage and Commerce Land Title, and
authorizing the Mayor to sign.
PUBLIC HEARING:
Consider approval of Case No. S-1194, Frost Bites, zoning change request
from PD-178R (Planned Development.178R) to PD.178R-S.U.P-1194
(PD178R, Special Use Permit. Il94), to allow the operation of an Italian ice
cream shop to be located in the Town Center West Retail Center at 171 N.
Denton Tap Road.
PUBLIC HEARING:
Consider approval of Case No. PD-108R2.1, The Reserve, zoning change
request from PD.IO8R2 (Planned Development. lO8R2) to PD.108R2.1
(Planned Development-lO8R2.1) to relocate a 6' high masonry wall from
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ITEM # ITEM DESCRIPTION
20.
21.
22.
23.
24.
25.
10' to 5' from the west property line on a 13,700 square.foot lot located at
the southeast corner of Park Road and Benson Lane (283 Benson Lane).
PUBLIC HEARING:
Consider approval of Case No. PD.194, AmberPoint Business Park, zoning
change request from LI (Light Industrial) to PD.194.LI (Planned
Development-194, Light Industrial) to allow for an office/warehouse
business park on approximately 110 acres of property located along the
south side of Sandy Lake Road; between Royal Lane and State Road, and to
consider a Detail Site Plan for a portion of Lot 1, Block A, to allow the
development of a 308,000 square-foot building on a 15.11 acre portion of
a 36.15 acre tract therein.
Consider approval of the AmberPoint Business Park, Lots I & 2, Block A, &
Northpoint Drive Extension, Preliminary Plat, to allow the extension of
Northpoint Drive and the development of an office/warehouse business
park on approximately 110 acres of property, located along the south side
of Sandy Lake Road; between Royal Lane and State Road.
Consider providing that the Planning and Zoning Commission be the
authority responsible for the approval of the Final Plat for AmberPoint
Business Park, Lots I & 2, Block A, & Northpoint Drive Extension, to allow
the extension of Northpoint Drive and the development of an
office/warehouse business park on approximately 110 acres of property,
located along the south side of Sandy Lake Road; between Royal Lane and
State Road.
PUBLIC HEARING:
Consider approval of the Carter Addition, Lots I & 2, Phase II, Replat, to
allow the replatting of Lots I and 2 to shift the property line between the
two lots to the east, on 7.96 acres of property located along the south side
of Carter Drive, west of Moore Road.
Consider approval of a six-month extension for submission to the City for
signatures the Gateway Business Park No. 3, Lots I&IX, Block A, Final
Plat.
Consider approval of a Resolution amending Resolution #010996.3, as
heretofore amended with regard to Electronic Files of City/School Tax Roll,
Meeting Room Rental, Floodplain Development Fees, Recreational Fees, and
Water and Waste Water Impact Fees, and authorizing the Mayor to sign.
Review and selection of Retail Electrical Provider for City accounts.
ag111301
Page 5 of 7
ITEM # ITEM DESCRIPTION
27.
29.
30.
31.
32.
Consider approval of an ordinance amending Section 9-2 et seq. of the
Code of Ordinances regarding fencing materials and permits, and
authorizing the Mayor to sign.
Consider approval of a Resolution casting the City of Coppell's vote for the
fourth member of the Board of Directors of the Dallas Central Appraisal
District, and authorizing the Mayor to sign.
Necessary action resulting from Work Session.
City Manager's Report.
A. Council Goals.
B. Financial Planning.
C. Right-of-way Encroachments and Destruction of Public Property.
Mayor
A.
B.
Fe
and Council Reports.
Report by Mayor Sheehan regarding Metroplex Mayors' meeting.
Report by Mayor Sheehan regarding Coppell Chamber of Commerce
Luncheon honoring Veterans.
Report by Mayor Sheehan regarding Old Coppell Public Hearing.
Report by Mayor Sheehan regarding Old Coppell Days.
Report by Mayor Sheehan regarding "Heros Live Forever" benefit
Basketball Game on December 8TM.
Report by Councilmember Stover regarding mentors in middle
school.
Report by Councilmember Stover regarding Coppell Education
Foundation.
Report by Councilmember Stover regarding CHS sports teams.
Report by Councilmember Tunnell regarding Annual Institute on
Planning, Zoning and Eminent Domain.
Report by Councilmember Tunnell regarding Shop Coppell.
Necessary Action Resulting from Executive Session.
Adjournment.
Candy Sheehan, Mayor
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Page 6 of 7
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.
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.
ag111301
Page 7 of 7
~-~p~-'~f~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ~
EXECUTIVE SESSION
Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Consult with Darrrell Noga regarding License Agreement.
SUBMITTED BY:
TITLE:
Jim Witt
City Manager INITIALS
~-"~~p~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ~
WORK SESSION
Bo
Discussion regarding selection of Retail Electrical Provider and update regarding
Registration of Electrical Providers.
Update regarding Council Goals.
Update regarding City Entrance Monuments.
Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
COUNCIL GOALS
2002
GOAL STAFF RESPONSIBLE DATE
Economic Development Gary Sieb, Jim Witt, EDP January 2002
Mass Transit
Clay Phillips, Ken Griffin,
Jennifer Armstrong
Jim Witt, Clay Phillips
February 2002
Ongoing
Residential Property Tax Jim Witt Ongoing
Relief
Entryway Policy & Design Gary Sieb, Gary Sims, Jim November 2001
Witt
Land Acquisition & Use Gary Sims, Gary Sieb, Ken February 2002
Griffin
City Communication E-Gov Staff Ongoing
T H E: · C I T Y 0 F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # __&__
III
ITEM CAPTION: Consider approval of a proclamation naming the month of December as COPPELL ISD
EDUCATION FOUNDATION MONTH, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $
FINANCIAL COMMENTS: yX~'
AMT EST $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
+\-BID $
CITY MANAGER REVIEW:
Document Name: !ISD
PROCLAMATION
WHEREAS, the Coppell ISD Education Foundation believes that all parents and
community members can participate with the school district to enrich public education; and
WHEREAS, the Foundation seeks to encourage all students to work to their highest
potential by providing opportunities for unique educational experiences; and
WHEREAS, the Foundation encourages Coppell ISD teachers to implement innovative
instructional strategies by funding original programs and projects; and
WHEREAS, the Foundation believes in recognizing staff members for exemplary
teaching; and
WHEREAS, the Foundation is resolved, through the administration of its gifts, to
support education in Coppell ISD.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do commend
the directors of the Coppell Independent School District Education Foundation, and proclaim the
month of December as
"COPPELL ISD EDUCATION FOUNDATION MONTH"
and call upon all citizens to join me in recognizing the valuable work of the Education
Foundation and in working with them to support the staff and students of Coppell public schools.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this __day of November 2001.
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM $$ 7
CITIZENS' APPEARANCES
ORDINANCE NO. 94665
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES
FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the
following new Article 1-10:
ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
1-10-6.2.1 CITIZENS APPEARANCE
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 speakees 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 trade against any member of the Council, Mayor, individual, group or
corporation (Charter Article 3, S~ i' 12).
CITY MANAGER~ REVIEW: \
~-"~~~~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13,2001 ITEM #
ITEM CAPTION:
Consider approval of minutes:
October 9, 2001
October 23, 2001.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT.
FINANCIAL COMMEN'rs:
AMT. EST $
DIR. INITIALS: FIN. REVIEW_~
Agenda Request Form - Revised 5/00
+\-BII) $
CITY MANAGER REVIEW:
Document Name: %minutes
MINUTES OF OCTOBER 9, 2001
The City Council of the City of Coppell met in Regular Called
Tuesday, October 9, 2001, at 5:30 p.m. in the City Council
Town Center, 255 Parkway Boulevard, Coppell, Texas.
members were present:
Candy Sheehan, Mayor
Bill York, Mayor Pro
Greg Garcia,
Jayne Peters,
Diana Raines,
Marsha
Doug
Dave He~
Also present were City Manager Ji__
City Attorney Robert
REGULAR
the
1. Call to
Mayor
was
mined
Dan and
quorum
the Public)
~.001-2002 Budget.
fencing materials.
County 2eltllne
ect.
Items.
Road
arrived at this time.
cml 0/09/2001
Page 1 of 15
REGULAR SESSION (Open to the Public)
3. Invocation.
Wayne McDonald, Metrocrest Community Church, led
the invocation.
t in
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pled
Consider approval of a
October 22 through
WEEK, and authorizing
Presentation:
Mayor
the same
Action:
of
~BON
record
)n.
Proclamation naming
1 as RED RIBBON
Councilmember Stover
· 0 with Mayor Pro Tern
Raines, Tunnell, Stover
e
Middle School North Student
tam, Student Council sponsor, and' Thanuja
of CMS North Student Council, presented
Sheehan for Red Ribbon Week.
cm10/09/2001
Page 2 of 15
Citizen's Appearances.
Larry Inman, 916 Rolling Brook Lane, addressed Council
the expansion of the YMCA.
Karla Moog, 858 Shorewood Drive, also spoke
expansion.
CONSEN? AGENDA
Se
Consider approval of the
A. Consider approval
B. Consider approval
8-1-3 of
Coppell
facie
to
2001.
~n
of
the
~ort
:he prima
~rt from
,g the
for Case No. S-
and Noodles, zoning
ined Development- 178R)
(PD178R, Special Use
the operation of an oriental
club to be located in the
Retail Center at 171 N. Denton
f~ the Mayor to sign.
Tunnell moved to approve Consent Agenda Items
Ordinance No. 2001-968, and C carrying Ordinance
500-A-305. Councilmember Herring seconded the motion;
motion carried 7-0 with Mayor Pro Tem York and
cralO/09/2001
Page 3 of 15
Councilmembers Garcia, Peters, Raines, Tunnell, Stover
Herring voting in favor of the motion.
The Mayor welcomed the Boy Scout Troops that were in
this time.
PUBLIC HEARING:
Consider approval of Case No. PD,
zoning change request
Development- 186 to
Development- 186R2) to
signage, to decrease the
incorporate the tree
approximately 140 acre:
west side of Co
Roads.
Presentation:
Gary Sieb,
pre.,
L86R2
ditional
)ort~
alent
and to
on
the
Bethel
made a
ks Realty Corporation,
uestions from Council.
703 McKinney Avenue,
Public Hearing and advised no one
lssion regarding the detention/retention area; and
Peters moved to close the Public Hearing and
Case No. PD-186R2, Duke-Freeport, zoning change
cm10/09/2001
Page 4 of 15
request from PD-186R (Planned Development-186 Revised)
186R2 (Planned Development-186R2) to allow for ad~
monument signage, to decrease the required parking on
to incorporate the tree mitigationj
approximately 140 acres of property located
Coppell Road, between Ruby and Bethel Roads
developer the option of doing brick pavers or
approved by the Planning Department.
seconded the motion; the motion carried
York and Councilmembers Garcia,
and Herring voting in favor of the
PD-
on
of
the
te, if
York
Tem
, Stover
10.
PUBLIC HEARING:
Consider approval of
chanEe request from
(Commercial, Special
operation of
out/delivery
Shopping
Presentation:
Blvd.
zoning
the
take-
made a
and advised no one
at
to close the Public Hearing and
Inn, zoning change request from C
Commercial, Special Use Permit- 1192), to
an approximately 1,060 square-foot take-
located in the Coppell Crossing Shopping
751 MacArthur Blvd. with the following
The development of this property shall be in
accordance with the site plan, elevations, floor
plan and sign plans.
emi0/09/2001
Page 5 of 15
2. 11:00
The hours of operation being limited to
a.m. to 11:00 p.m., seven days a week.
Councilmember Raines seconded the motion; the
7-0 with Mayor Pro Tem York and Councilmembers
Raines, Tunnell, Stover and Herring voting in favor~
11.
PUBLIC HEARING:
Consider approval of the
zone pursuant to Section
Redevelopment and Tax
be considered for
property owned by
Northlake 635 Business
acres) and located at th
and Crestside
Presentation:
Gary Sieb,
pre
Public
)erty
The to
designatt that
as
and advised
: {8.044
a
no one
the Public Hearing and
nvestment zone pursuant to Section
Redevelopment and Tax Abatement Act.
sidered for Reinvestment Zone designation is
by ACLP Northlake II, L.P., described as
Park, Block C, Lot 1R (8.044 acres) and
'northwest comer of Lakeshore and Crestside Drives,
[, TeXas.
cm10/09/2001
Page 6 of 15
Item 12:
Approval of Ordinance No. 2001-969 designating the
Northlake II, L.P. Reinvestment Zone No. 35, and authol
Mayor to sign.
Item 13:
Consider approval of Resolution No. 2001-101
Tax Abatement Agreement between the
Northlake II, L.P., and authorizing the
Councilmember Tunnell seconded the
7-0 with Mayor Pro Tern York and
Raines, Tunnell, Stover and
favor of
the
a
ACLP
carried
Peters,
12.
Consider approval of an
Northlake II, L.P.
authorizing the
Action:
This item
minutes.
ACLP
;, and
see 11 for
13.
approving a Tax
of Coppell and
the Mayor to
Item 11. Please see Item 11 for
14.
of the proposed text change to amend
Table 1 (Plant Palette), o£ the Coppell
(Zoning), to expand the list of
plantings to include drought tolerant and native
cm10/09/2001
Page 7 of 15
Presentation;
Gary Sieb, Director of Planning and Community Service:
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public
signed up to speak.
ActiOn:
Councilmember Raines
approve the proposed text
1 (Plant Palette), of the
expand the list of allowable
and native plants. Mayor
motion carried 7-0
Garcia, Peters,
of the motion
no one
Public and
Section 12 Table
~ing), to
the
vo in favor
15.
Consider
amend 12-
e Cop]~ Code of
Hst of allowable
and native plants,
approve Ordinance No.
, Table 1 (Plant Palette), of
(Zoning), to expand the list of
drought tolerant and native plants,
to sign. Councilmember Garcia
motion carried 7-0 with Mayor Pro Tem
Garcia, Peters, Ralnes, Tunnell, Stover
favor of the motion.
16.
,er approval of the Coppell Family YMCA, Site Plan
, to allow the addition of approximately
~0 square feet of building and the expansion of the
lot to include 48 additional spaces on
cm10/09/2001
Page $ of 15
approximately 5.36 acres of property located at 146
Center Boulevard.
Presentation:
Gary Sieb, Director of Planning and
presentation to the Council.
a
Scott Wegener, architect, Good, Fulton
Blvd, Suite 300, Dallas, answered
Curt Hazelbaker, Executive Director,
from Council.
lestions
Issues Discussed:
There was discussion
Action:
YMCA,
the Family
the of
and the of
on
Center Boulevard with
the perimeter
lane needs to be
instrument to be filed
M~
motion; the motion carried 7-0
Councilmembers Garcia, Peters,
ierring voting in favor of the motion.
17.
comment regarding the Wynnpage Plaza
Site Plan and Minor Plat.
cm10/09/2001
Page 9 of 15
The following spoke in favor of the project:
Kirk Williams, representing the property owner, spoke
the proposal;
Waymon Levell, 2331 Gus Thomasson, Dallas,
stated he was available for any questions;
Mark Walnscott, 4815 Keller Springs, Addison,
Donald Thompson, with Walnscott &
The following spoke against the project:
B.
C.
D.
E.
G.
H.
I.
J.
K.
L.
M.
N.
Dale L. Griffiths, 126 Wynnpage Drive;
Jeff Fernandez, 112
Sharon Raunberg, 126 Wynn
Dan Scofield, 127
Marca Hiller, 139 Wynnp~
Secretary;
Gary Vodicka, 921
Jerry
Danny Suges:
David
Dale
Jon Cherry,
Association President.
of
The:
18.
Plaza South, Site Plan
[ow the development of an
uare-foot office building on
acre of property located along
~n Tap Road, approximately 210'
irector of Planning and Community Services, made a
to the Council.
Wainscott, representing the builder, addressed Council.
cmlO/09/2001
Page 10 of 15
Kirk Williams, representing the property owners,
Council.
Waymon Levell, answered questions from Council.
Ised
Issues Discussed:
There was discussion regarding the
street light would be warranted at
Road.
Mayor Pro Tem York called for an
EXECUTIVE SESSION
Convene Executive
A. Section
Consult~
at this
ether a
Mayor Sheehan
under the above-,,
Session
with
9:45
oumed
lar
allowed
)en to the Public)
the intent of the property
for another entrance/exit for
ell moved to approve the Wynnpage Plaza
and Minor Plat, request to allow the development
4,700 square-foot office building on
.626 of an acre of property located along the west
Tap Road, approximately 210' south of Wynnpage
the following condition:
Applicant may use stamped concrete if approved by
the Planning Staff.
cm10/09/2001
Page 11 of 15
Councilmember Peters seconded the motion; the motion
7-0 with Mayor Pro Tem York and Councilmembers
Raines, Tunnell, Stover and Herring voting in favor
19.
Consider approval of the St. Joseph
Block A, Final Plat, request to allow
retirement community and mu:
approximately 51.17 acres of prol
south side of Sandy Lake Road, a
of MacArthur Boulevard. .~.
of a
on
the
east
Issues Discussed:
There was discussion
and the ant ~or
Action:
Mayor Pro
Lots 1-4,
5:
St. Village,
the of a
on
side Lake
Boulevard.
,n; the motion carried
Garcia, Peters,
favor of the motion.
20.
Shores, Lots 1-19, Final
single-family lots and two
7.2 acres of property
of Sandy Lake Road, west of
Tunnell moved to approve the Trinity Shores, Lots
to allow the platting of 19 single-family lots and
areas on approximately 7.2 acres of property located
south side of Sandy Lake Road, west of the Trinity River
following conditions:
cmlO/09/2001
Page 12 of 15
1. Compliance with Engineering Department comments:
A. The proposed inlet to the west of
street connection to Sandy Lake
low point inlet and cannot be
This may affect the location of
connection to Sandy Lake
appears to have inadequ~
street and the curb
the transition to the
should coordinate
Sandy Lake Road
inlet west.
B. The area
You
iis
be
be
storm
12.
system will
7, 8, 9 and
the on-site
showing some
the drainage,
reviewed in detail
Some accommodation
needed for lots 3-6,
being provided on the plat.
per dwelling unit will be required.
Tern York seconded the motion; the motion
with Mayor Pro Tern York and Councilmembers
Peters, Raines, Tunnell, Stover and Herring voting in
of the motion.
cm10/09/2001
Page 13 of 15
Councilmember Stover exited Chambers at this time.
21. Consider appointment of two members to
Coppell Beautiful Committee.
Action:
Councilmember Raines moved to appoint
Moore to Keep Coppell Beautiful
Om-cia seconded the motion; the
Pro Tem York and Councilmembers
and Herring voting in favor of
was absent from his seat at
:rs,
was
Becky
Mayor
.nnell
Stover
22.
Necessary action
There was no
[on.
23.
re¸
City
A.
B,
meeting he attended
the proposed
School.
that he has included a
sessions for Council to
during the City Manager's
24.
Reports.
Mayor Sheehan regarding Dallas Regional
Coalition.
by Mayor Sheehan regarding Metroplex
by Councilmember Stover regarding CMS
North Student Council.
cm10/09/2001
Page 14 of 15
Report by Councilmember Raines regarding YMCA.
Report by Councilmember Garcia re
Senior Adult Services Mayor's
Tournament.
Mayor Sheehan reported that the Dallas
Coalition meeting she attended focused
and she will provide information to th
es
Mayor Sheehan reported on
meeting she attended.
Mayors
Councilmember Stover
Student Council You
session on Monday,
that the
will..: hold
North
first
Councilmember
and
2001
golf
at the
20,
that the team
Clay, Phi )s, Chief
and himself won the
Th~
the City Council, the
Candy Sheehan, Mayor
cm 10/09/2001
Page 15 of 15
MINUTES OF OCTOBER 23, 2001
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 23, 2001, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Candy Sheehan, Mayor
Greg Garcia, Councilmember (late arrival)
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Mayor Pro Tem York was absent from the meeting:....i:i:i:i:i:i:i~ii.i.ii~t were City
Manager Jim Witt, City Secretary Libby Ball an¢:~,~i!~~y R~rt Hager.
REGULAR SESSION
1. Ca!! to order....::::~?:::!iiilli~iiii??~iii~::
· ======================================
Ma.y:....~i}iiii~..an ~iii:iii~eetin~:::::i°:i~i!~er, ~rmined that:~i?:~:::'"quorum was
~'RK sE~:~!O~ ili:~i~iiiiiii!i ~:~:::'~:" .~ i~::::::::~ ......... ~ i~:~?:~° the ~blle)
a. ~ ~~ Cit~ ~e~ncy Management PI~.
~:~}~ B. :~:~ls~lon ~rdlng Elect~c Dere~lation.
~:~ C..~i~i~i~'bc~ion ,egardinz Rules of Usage of Spots Fields ~d
.:~hcflmember G~cia ~ved during Work Session.
REGULAR SESSION
{Open to the Public)
3. Invocation.
Pastor Frank Pope, Coppell Police Department Chaplain, led those present in
the invocation.
CM102301
Page I of 5
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
5. Report by Keep CoppeH Beautiful Committee.
Presentation:
Julia Petty, Vice-Chair of the Keep Coppell Beautiful Committee, made
the Committee's semi-annual report to Council stating they were on a
mission to get their message out to more people. Councilmemb~ Raines
moved her Wildflower report up from Mayor and Counc~.!.::??:~rts and
thanked Amanda Van Hoosier for putting
planting project and getting all the people out for..~.~ ~!!!!iiiiiiii?''' '
6. Citizen's Appearances. ~:~i!~.ii~ili~ii~ii::::~::~:~: ....
There was no one signed up to spe er th :::::::::::::::::::::::::::::::::::
....-..................
....... ~:~:~:~:~: :~:~:~:~:~:~:~:~:, :~i~ ~::ii~!i?~i~::~ii:?:~il ii~:?:: ~i~ ..................
....... ~:~:i:i:i.i:i.i:i:~:i:i:i:i:i:5:i:i:!:~ ~: ilii:: ::::ii::i::i~ ::::::::::::::::::::::::::::::: :~:~:~:i:~:~:~:~:~ ~::~::~i~::~::~i~?:~i:
:i:: . ......................... i ;~:'::: :::':: ::::::::::::::::::::: i!iii~iii:i!i:i ~!
~::~iiiiiiiiiiiiiiiiiiiii~~gr ~ro~i::~i' the~i::~q~~g e~ent agenda items:
S. ibf c eel g the second City Council
~i~?~?~??~ ?~e~ for~:~:~nths of November and December, being
~???~?~i .:~ii~v~er 2?~::':and December 25.
~i?~?:i~i ...... ~i~i?~i?~?~?i?~?~on~ider appro~ of the dedication of 3,528 square feet
?~?~i~?~?~i~:~?~i~i~?~i?? .... of ~ght-of-way for the future e~ension of No~hpoint
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..... D~ve and autho~zing the mayor to si~ the nece~a~
~?: ::~i~i::~::~?~ ....
De
Consider approval of awarding Bid Q-0901-03 Uniforms
to: RT /k Associates {clothing) and Iron Age Corp.
{footwear) as budgeted, and authorizing the City Manager
to sign.
CM102301
Page 2 of 5
Consider approval of awarding Bid number (~-0901-01 for
Fertilizer and Chemicals to: BWI Companies, Justin Seed,
United Horticultural Supply, Vopak-Turf, Lesco, Inc., and
Estes, Inc. as budgeted, and authorizing the City Manager
to siLm.
Resolutions
Consider a resolution supporting the passage of
Constitutional Amendment Proposition 2, and
authorizing the Mayor to sign.
Consider a resolution endorsing, sup......~i~, and
encouraidng the passage by vote,rs of
General Election Ballot, and...a~~~g t~i Mayor to
===================== ::::::::::::::::::::::::::::::::::::::::::::::::: .........
============================================ iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii?iiii i~::~::~::~i~i~::~:~?:~
::::::::::::::::::::::::::::::: ................... !i!iiiii!i!!!~ii!i
There were several c0:~!~s to ~i~!~inute~iiiii~a':"tha City a~ctary stated
~ncilme~r ~ell':~.ed .~.~i~i~pprovc Consent A[cnda items B, C, D, E, F
~n[ R6~!uti~iiii No. '~i~:!~1023.1 ~d G c~nt Resolution No. 2001-
~!}~3.2. Ci~cil~abcr~i~cr ~condcd thc motion; thc motion c~cd 6-0
~ih Court,memo,s G~cia, Peters, R~ncs, Tunncll, Stovcr ~d He~n~
or:a a:' motio..
.ii; ?:::Consider appro~l of a Profession~ Se~ces a~eement with
:~:~ ......... Schflckel Roll,s and ~sociates to pro, de Desi~,
Construction Documentation and Contract Administ~tion
usociated with the desl~ and construction of three addition~
sections of the Denton Creek T~fl System, In an amount not
to exceed $92,000.00, and authoflzin~ the City Manager to
st~.
CM102301
Page
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve a Professional Services
agreement with Schrickel Rollins and Associates to provide Design,
Construction Documentation and Contract Administration associated
with the design and construction of three additional sections of the
Denton Creek Trail System, in an amount not to exceed $92,000.00, and
authorizing the City Manager to sign. Councilmember Garcia...~conded
the motion; the motion carried 6-0 with Councilmembers.~i~i Peters,
Raines, Tunnell, Stover and Herring voting in favor af~b~ii~
. ...::::i: :~:!:i:i:~:~:i :i:~:i:i:i:i:! !:!:!:~:i::::""
Consider approval of the annual up.:.~i~'::':~iiiii~g' C~" of Coppell
Standards of Care for Youth ProEr~?~rovtded ~ the Parks
and Leisure Services Depa~bnt. i ..... ~'~ii
.........................~.,.~...........,. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::
i: E:E:~:!:E:E:!:!:.
G~i~e~i~il mo~ {~:~iiiii~ppro~iiiiithe City of ~ell
Vpdated
~i::iii~iiii~i~:'~ds 8iii~' fo~i~'°uth ~0~s pr~fled by the Parks and Leisure
~?:~?;ii?~i!iiii!?~~i:D~men..~ii!iiiiiiCou~~~? R~es seconded the motion; the
moti~i~~ 6~ii~h Co~~:~rs..~cia, Peters, Raines, Tunnel1,
Stove~iii~d h~i!~ting i~iiii~Vor oiiii~ ~'0tion.
Neceihryi~ioi!ilhiuli::hg from Work Session.
waa~i~i~acti~?~neceSsary under this item.
........~..ii!iZ? ....... A. CEDC Meeting.
B. Economic Development.
Ao
City Manager Jim Witt advised that the Coppell Education
Development Corporation had held their first meeting and they
would be meeting regularly on the first Wednesday of each month
at 7:00 p.m. at Town Center with the next meeting being
November 7, 2001.
CM102301
Page 4 of/i
Bo
City Manager Jim Witt gave a brief update on the status of the
Economic Development Corporation stating they were continuing
to review Council's goals regarding staffing and reviewing some
ordinances to see if they need fine tuning.
Mayor and Council Reports.
A. Report by Mayor 8heehan regarding Red Ribbon Week.
B. Report by Councilmember Raines regarding the YMCA.
C. Report by Councilmember Raines regarding Wild Flower
Planting.
D.Report by Councilmember Raines regarding ~oween
A. Mayor Sheehan reported that Red Ribbon W~ii~i~cked off at a
breakfast and thanked Council for..:.::::~~iii::::~::~ii?iiiii~hanked the
Coppell Police Department and ~iii?i~~i~ of i.!i~mmerce for
organizing it. Mayor Sheehan also'iii~:d the Moor/~t Walk was
B. Councilmember Raines;:iiii!i!iii!~Yised t~ ~A woula ~e hosting a
:?:::::::~?~:~iii?:.i:!:~:~iii~iiiiiiiii~ii:ii:i:!:!]:~un:~:mb~i:i~ain~i::~::::~iher===================================================================================== '""' :'~rt on this item up to Item 5.
~.~::~?:'no f~her business to come before the CiW Council, the meeting
ATTEST:
Candy Sheehan, Mayor
Libby Ball, City Secretary
CM102301
Page 5 of 5
AGENDA REQUEST FORM. , c , · , o ,
COPPELL
ITEM CAPTION:
Consider approval of an ordinance to amend Ordinance No. 90489 the Coppell Thoroughfare Plan Article
15-9 of the Code of Ordinance to designate Bethel Road from Royal Lane to the west city limits as a four-
lane divided boulevard (C4D); and authorizing the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
In 1999 citizens approved a bond program which included the reconstruction of Bethel Road. In February
2001 City Council approved a design contract with TranSystems Corporation for the design of Bethel Road
from Freeport Parkway to the west city limits. One of the design considerations of Bethel Road was to
determine the City of Grapevine's intentions for the future construction of Bass Pro Drive from S.H. 121 to
the City of Coppell's west city limits. I have received information from the Director of Public Works for the
City of Grapevine that Bass Pro Drive is to be constructed as a four-lane divided roadway and that they have
no plans to change that designation and/or construct a six-lane roadway.
The City's current thoroughfare plan is for Bethel Road to be a four-lane divided roadway between Freeport
Parkway and Royal Lane and a six-lane divided roadway from Royal Lane to the west city limits of Coppell.
Because Grapevine will be constructing a four-lane divided for its section of Bethel Road (Bass Pro Drive)
within the city limits of Grapevine, it is my opinion that we should revise our thoroughfare plan and only
construct a four-lane divided roadway from Royal Lane to our west city limits.
Staff recommends approval of the ordinance to change Bethel Road to a four-lane divided roadway (C4D)
from Royal Lane to the west city limits and will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS: ?~
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
+X-BID $
CITY MANAGER REVIE
Document Name: #engl
October 17, 2001
Mr. Ken Griffin, P.E.
Director of Public Works
City of Coppell
255 Parkway Boulevard
Coppell.. TX 75019
Reft Bass Pro Drive / Bethal Road
Dear Ken:
The City of Grapevine's current Master Plan calls for the segment of Bass Pro Drive /
Bethal Road between SH 121 and the Coppell / Grapevine city limits to be a four-lane
divided roadway. We have no plans to adjust that configuration and can see no reason
that a six-lane divided roadway would ever be warranted east of SH 121.
If you have any further questions or comments, please contact me at (817) 410-3134.
Sincerely, , ,~
~....~rry L./~dge
~)irect 'o.r/of Public Works
JLH/dsm
OAjerry\griffin_basspro41ane.ltr
PUBLIC WORKS DEPARTMENT
THE CITY OF GRAPEVINE P.O. Box 95104 * Grapevine, Texas 76099 * Phone Metro 817/410-3135 * Fax 8 ! 7/410-3003
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ORDINANCE NUMBER 90489 THE COPPELL
THOROUGHFARE PLAN CODIFIED AT ARTICLE 15-9 OF THE
CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS TO
cHANGE THE ROADWAY CLASSIFICATION OF BETHEL
ROAD, AT ITS POINT OF INTERSECTION WITH ROYAL LANE
TO ITS POINT OF INTERSECTION WITH THE WEST CITY
LIMITS, FROM PD6 CLASSIFICATION TO C4D; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That the Coppell Thorough/are Plan as heretofore adopted and
codified at Article 15-9 of the Code of Ordinances of the City of Coppell, Texas, be, and the
same is hereby, amended by changing the roadway classification of Bethel Road, at its point
of intersection with Royal Lane to its point of intersection with the west city limits, from
PD6 to C4D.
SECTION 2. That all ordinances and provisions of the Code of Ordinances of the
City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance, or of thc Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect thc validity of the remaining portions of said
ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 4. That this ordinance shall become effective immediately from and
after its passage as the law and charter in such cases provide.
day of
DULY PASSED by the City Council of the City of Coppell, Texas, this the __
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
~ROBERT E. HA~ CITY ATTORNEY
LIBBY BALL, CITY SECRETARY
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION:
Consider approval of a development agreement between Amberpoint at CoppeR, L.L.C. and the City of
Copper to allow for the dedication of right-of-way necessary for Sandy Lake Road, State Road, and the
construction of Northpoint Drive in consideration of a 100% credit against furore impact fees on the
Amberpoint Business Development; and authorizing the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $
AMT. EST. $
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
FIN. REVIEW:
+X-BID $
CITY MANAGER RE~~~j~~
Document Name: #eng2
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works ~
September 26, 2000
Consider approval of a development agreement between Amberpoint at
Coppeil, L.L.C. and the City of CoppeH to allow for the dedication of right-of-
way necessary for Sandy Lake Road, State Road and the construction of
Northpoint Drive in consideration of a 100% credit against future impact fees
on the Amberpoint Business Development; and authorizing the Mayor to sign.
For some time now I have been meeting with representatives of the Amber Point Business Park
concerning a Development Agreement for the project to offset roadway impact fees. Current
ordinances and resolutions concerning roadway impact fees allow a 75% credit for the value of
the Sandy Lake and State Road right-of-way and up to a 50% credit for the value of the
Northpoint right-of-way and the construction of Northpoint Drive. The developer has requested
that the City consider a Development Agreement for a 100% credit.
I have reviewed the current concept plan for the 108-acre tract of land. The developer estimates
that there will be 1,775,600 square feet of development. The roadway impact fees for a
development of this size will be $575,295. Under current ordinances and resolutions, this
developer will be entitled to a credit of approximately $405,000 against the $575,000 calculated
roadway impact fees. Therefore, the maximum mount of money that the City could collect
over a period of time for the development of this tract of land is approximately $170,000 in
roadway impact fees.
The real benefit of the approval of this Development Agreement is the ability to acquire all the
necessary right-of-way for Sandy Lake Road and State Road from this tract of land. There is
146,547 square feet of right-of-way for Sandy Lake Road and 65,091 square feet of right-of-way
for State Road being dedicated by this developer. The value of that right-of-way is
approximately $352,000. Our current timetable for starting construction on Sandy Lake Road is
fall 2003. To insure that we stay on that schedule we need to have all fight-of-way in place
toward the beginning of 2003 so that all utilities can be relocated.
Because approval of this Development Agreement will dedicate the necessary right-of-way for
Sandy Lake Road, State Road, Northpoint Drive and cause the construction of Northpoint Drive,
staff recommends the approval of the Development Agreement between the City of Coppell and
Amberpoint at Coppell, L.L.C.
Staff will be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
STATE OF TEXAS §
COUNTY OF DALLAS §
DEVELOPMENT AGREEMENT
This AGREEMENT is made and entered into as of the ~ day of ,2001,
by and between the City of Coppell, Texas, a Home Rule City (the "City"), and AMBERPOINT
AT COPPELL, L.L.C., a Delaware
BALLANTYNE JACK, L.L.C. ("APC"):
limited liability company, formerly known as
RECITALS
WHEREAS, APC is the owner of a light industrial tract of land located along the south
side of Sandy Lake Road and west of State Road, as more particularly described in Exhibit "A'
attached hereto (the "Property") (the Property is proposed to be named "AmberPoint Business
Park at Coppell'); and
WHEREAS, the City, subject to the terms and conditions of this AGREEMENT,
desires to (i) acquire that certain right-of-way more particularly described in Exhibit "B"
attached hereto (the "SL ROW"), located along Sandy Lake Road adjacent to the Property; (ii)
acquire that certain right-of-way more particularly described on Exhibit "B-l" attached hereto
(the "SR ROW") along State Road adjacent to the Property, and (iii) cause the extension of
Northpoint Drive from the existing eastern termination of Northpoint Drive, easternly and
northernly, to Sandy Lake Road for a distance of approximately 2880 linear feet (the "NPD
Extension") and dedication of the right of way, more particularly described on Exhibit C
attached hereto, along the NPD Extension (the "NPD ROW"); and
WHEREAS, APC, subject to the terms and conditions of this AGREEMENT, agrees to
(i) dedicate by plat, to the City for the benefit of the public each of the SL ROW, the SR ROW
and the NPD ROW, and (ii) construct the NPD Extension on the NPD ROW as consideration for
a credit against all existing and future roadway impact fees assessed, or to be assessed, by the
City against the Property in an amount not to exceed $1,798,950.00.
NOW THEREFORE, in consideration of ten dollars ($10.00), the mutual covenants
herein set forth, and other valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the City and APC agree as follows:
1. On or before December 31, 2001, Ballatyne shall deliver for
dedication by plat the SL ROW, the SR ROW and the NPD ROW, and the City
shall accept same, for the benefit of the public.
2. On or before August 2, 2003, APC shall construct the NPD
Extension on the NPD ROW, subject to reasonable delays, substantially in
accordance with the criteria attached hereto as Exhibit "l)". Notwithstanding
anything to the contrary and for the avoidance of doubt, nothing herein shall be
construed to obligate APC to construct any improvements on the SL ROW or the
SR ROW.
3. Upon (i) delivery for recordation of the plat for the SL ROW, the
SR ROW and the NPD ROW (the "Plat"), and (ii) construction of the NPD
Extension, the City shall establish a credit (the "Credit") for the benefit of APC,
as the owner of the Property, in an amount equal to the stun of (A) the product of
(1) one dollar and seventy-five cents ($1.75), times (2) the aggregate square feet
of the SL ROW, the SR ROW and NPD ROW, plus (B) the aggregate cost of
-2-
engineering plans for the NPD Extension, plus (C) the aggregate costs of paving
and drainage for the NPD Extension [such amount currently estimated to be an
aggregate amount of One Million Seven Hundred Ninety-Eight Thousand Nine
Hundred Fifty and No/100 Dollars ($1,798,950.00), provided, that such amount,
as an estimate, is subject to changes to reflect the actual cost of construction of the
NPD Extension]. The Credit shall apply against all existing and future roadway
impact fees assessed, or to be assessed, by the City (the "Assessments") against
the Property, APC or APC's successors, as the owner of all or a portion of the
Property. Notwithstanding anything to the contrary set forth herein, the parties
acknowledge and agree that (i) the City shall have no obligation to condemn any
property or be liable for any costs in connection with the delivery of the Plat or
the construction of the NPD Extension, (ii) if the Credit exceeds the Assessments
or if impact fees are not assessed against the Property, the City shall have no
obligation to pay or refund in cash or cash equivalents the remaining portion of
the Credit to APC or its successors, (iii) APC shall have the right to apportion the
Credit to all or any portion of the Property in its sole discretion (such
apportionment to be evidenced by an instrument recorded in the Real Property
Records of Dallas County, Texas), except to the extent that any portion thereof is
conveyed to a third party not affiliated with APC in which case such portion shall
receive a pro rata share of such Credit, and (iv) the only penalty for APC's failure
to construct the NPD Extension will be the delay of credit for the NPD Extension
until the failure is corrected. Additionally, if APC does not acquire certain real
property referred to as Tract IV on Exhibit A, the City hereby agrees to dedicate
-3-
as a part of the NPD ROW or to convey to APC for dedication as a part of the
NPD ROW at no additional cost to APC of approximately 1,700 square feet of the
real property immediately south of Tract I on Exhibit A.
NOTICE
4. All notices required by this AGREEMENT shall be addressed to
the following, or other such other party or address as either party designates in
writing, by certified mail, postage prepaid or by hand delivery:
If intended for APC to:
Transwestem Commercial Services
Attn: Henry Knapek
5001 Spring Valley, Suite 600W
Dallas, TX 75244
and
AMBERPOINT AT COPPELL, L.L.C.
c/o Amber Jack, Ltd.
Attn: John Higgins
One State Farm Plaza E-10
Bloomington, IL 61710
If intended for City to:
City of Coppell, Texas
City Manager
P.O. Box 478
Coppell, Texas 75019
SUCCESSORS AND ASSIGNS
5. 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.
-4-
SEVERABILITY
6. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this
AGREEMENT shall be enforceable and shall be enforced as if the parties
intended at all times to delete said invalid section, subsection, paragraph,
sentence, phrase or word.
GOVERNING LAW
The validity of this AGREEMENT and any of its terms and
provisions, as well as the fights and duties of the parties, shall be governed by the
laws of the State of Texas; and venue for any action concerning this
AGREEMENT shall be in State District Court of Dallas County, Texas.
ENTIRE AGREEMENT
This AGREEMENT embodies the
8. 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.
AGREEMENT RUNS WITH THE LAND
9. The provisions of this AGREEMENT are hereby declared
covenants running with the land and are fully binding on all successors, heirs, and
assigns of APC who acquire any right, title, or interest in or to the Property or any
part thereof. Any person who acquires any right, title, or interest in or to the
Property, or any part hereof, thereby agrees and covenants to abide by and fully
-5-
perform the provisions of this AGREEMENT with respect to the right, title or
interest in such property.
INCORPORATION OF RECITALS
10. The determination recited and declared in the preambles to this
AGREEMENT are hereby incorporated herein as part of this AGREEMENT.
EXHIBIT
11. All exhibits to this AGREEMENT are incorporated herein by
reference for all purposes wherever reference is make to the same.
-6-
EXECUTED in duplicate originals this the ~
CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
day of
,2001.
ATTEST:
By:
Libby Ball, City Secretary
By: ~~ttomey
AMBERPOINT AT COPPELL, L.L.C.,
a Delaware limited liability company, formerly
known as Ballantyne Jack, LLC
By:
AmberJack, Ltd., an Arizona
Corporation, its managing member
By:
Name:
Title:
By:
Name:
Title:
-7-
CITY MANAGER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of ,
2001 by Jim Witt, City Manager of the City of Coppell, Texas, a municipal corporation, on
behalf of said corporation.
Notary Public, State of Texas
My commission Expires:
-8-
STATE OF ILLINOIS §
COUNTY OF MCLEAN §
This instrument was
2001, by
acknowledged before me on the day of
of AmberJack, Ltd., an Arizona corporation, as the managing member of AmberPoint at Coppell,
L.L.C., a Delaware limited liability company, formerly known as Ballantyne Jack, LLC, on
behalf of said corporation and limited liability company.
My Commission Expires:
Notary Public, State of Illinois
STATE OF ILLINOIS §
COUNTY OF MCLEAN §
This instrument was
2001, by
acknowledged before me on the day of
of Amber Jack, Ltd., an Arizona corporation, as the managing member of AmberPoint at Coppell,
L.L.C., a Delaware limited liability company, formerly known as Ballantyne Jack, LLC, on
behalf of said corporation and limited liability company.
My Commission Expires:
Notary Public, State of Illinois
-9-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The Property described below on this Exhibit A is projected to be acquired by APC from various
sellers. If the acquisition does not occur, this Agreement shall be void. If APC does acquire all
of the Property, this Agreement shall only apply to that portion acquired by APC. The owners of
the portions of the Property not acquired by APC shall have no right to use any Credits obtained
hereunder by APC notwithstanding the fact that their property is described on
this Exhibit A.
BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell,
Dallas County, Texas, and being all of a tract of land described in deed to Horace Thompson
Ardinger, JR., recorded in Volume 95064, Page 4709 of the Deed Records of Dallas County,
Texas (D.R.D.C.T.), and all of a tract of land described in deed to Ballantyne Jack, L.L.C.,
recorded in Volume 2001173, Page 3803, (D.R.D.C.T.), and being more particularly described as
follows:
BEGINNING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the
centerline of Northpoint Drive (80 foot right-of-way), said point being the northwest comer of a
tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume
96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition
to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.;
THENCE North 00 degrees 07 minutes 07 seconds East, along said east line, a distance of
522.82 feet to a 1-inch found iron pipe for comer;
THENCE South 89 degrees 57 minutes 02 seconds East, along the most northeasterly south line
of said Freeport North Addition, a distance of 349.95 feet to a 5/8-inch found iron rod for comer;
THENCE North 00 degrees 56 minutes 17 seconds West, along the east line of said Freeport
North Addition, a distance of 90.42 feet to a 1/2-inch found iron rod for comer;
THENCE North 89 degrees 46 minutes 32 seconds West, along the north line of said Freeport
North Addition, a distance of 2.29 feet to a 1/2-inch found iron rod for the southeast comer of
Hager Containers Addition, an addition to the City of Coppell, as recorded in Volume 88206,
Page 3786, D.R.D.C.T.;
THENCE North 00 degrees 07 minutes 49 seconds East, along the east line of said Hager
Containers Addition, passing a 1/2-inch found iron rod at a distance of 336.65 feet for the
northeast comer of said Hager Containers Addition and the southeast comer of Four Seasons
Addition, an addition to the City of Coppell, as recorded in Volume 91139, Page 2187,
D.R.D.C.T., and continuing along said Four Seasons Addition for a total distance of 1,327.98
feet to a 1/2-inch found iron rod for comer on the south right-of-way line of Sandy Lake Road
(variable width right-of-way);
-10-
THENCE South 89 degrees 43 minutes 31 seconds East, along said south fight-of-way line, a
distance of 328.87 feet to a 1/2-inch found iron rod for comer;
THENCE South 00 degrees 09 minutes 52 seconds West, continuing along said south right-of-
way line, a distance of 3.60 feet to a found 60D nail in a fence post for comer;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south right-of-
way line, a distance of 2,017.73 feet to a l/2-inch found iron rod with cap stamped Bfittain &
Crawford at the intersection of said south fight-of-way line with the west right-of-way line of
State Road (variable width fight-of-way);
THENCE South 00 degrees 13 minutes 41 seconds East, along said west right-of-way line, a
distance of 1,560.10 feet to a 1/2-inch found iron rod with cap stamped Bfittain & Crawford for
comer;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of-
way line, a distance of 356.43 feet to a l/2-inch found iron rod with cap stamped Bfittain &
Crawford for comer;
THENCE North 89 degrees 28 minutes 45 seconds West, continuing along said west right-of-
way line a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittain &
Crawford for comer;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of-
way line a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain &
Crawford for the northeast comer of said City of Coppell tract;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-way line
and along the north line of said City of Coppell tract, a distance of 2,679.64 feet to the POINT
OF BEGINNING AND CONTIANING 4,742,058 square feet or 108.9 acres of land, more or
less.
-11-
EXHIBIT "B'
LEGAL DESCRIPTION OF RIGHT-OF-WAY
for
SANDY LAKE ROAD
BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell,
Dallas County, Texas, and being part of a tract of land described in deed to Horace Thompson
Ardinger, JR., recorded in Volume 95064, Page 4709 of the Deed Records of Dallas County,
Texas (D.R.D.C.T.), and part of a tract of land described in deed to Ballantyne Jack, L.L.C.,
recorded in Volume 2001173, Page 3803, (D.R.D.C.T.), and being more particularly described as
follows:
COMMENCING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the
centerline of Northpoint Drive (80 foot right-of-way), said point being the northwest comer of a
tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume
96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition
to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.;
THENCE South 89 degrees 44 minutes 06 seconds East, along the north line of said City of
Coppell tract, a distance of 2,679.64 feet to a 1/2-inch found iron rod with cap stamped Brittaln
& Crawford on the existing west right-of-way line of State Road (variable width right-of-way);
THENCE North 00 degrees 31 minutes 15 seconds East, along said existing west right-of-way
line, a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain & Crawford
for comer;
THENCE South 89 degrees 28 minutes 45 seconds East, continuing along said existing west
right-of-way line, a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittain
& Crawford for comer;
THENCE North 00 degrees 31 minutes 15 seconds East, continuing along said existing west
right-of-way line, a distance of 356.43 feet to a 1/2-inch found iron rod with cap stamped Brittain
& Crawford for comer;
THENCE North 00 degrees 13 minutes 41 seconds West, continuing along said existing west
right-of-way line, a distance of 1,493.70 feet to the POINT OF BEGINNING, said point being
on the proposed south right-of-way line of Sandy Lake Road;
THENCE North 89 degrees 44 minutes 26 seconds West, departing said existing west right-of-
way line and along said proposed south right-of-way line, a distance of 300.56 feet to a point for
comer;
THENCE North 00 degrees 15 minutes 34 seconds East, along said proposed south right-of-way
line, a distance of 10.00 feet to a point for comer;
-12-
THENCE North 89 degrees 44 minutes 26 seconds West, along said proposed south fight-of-way
line, a distance of 1,717.63 feet to a point for comer;
THENCE North 89 degrees 43 minutes 31 seconds West, along said proposed south right-of-way
line, a distance of 328.84 feet to a point for comer on the east line of Four Seasons Addition, an
addition to the City of Coppell, as recorded in Volume 91139, Page 2187, D.R.D.C.T.;
THENCE North 00 degrees 07 minutes 49 seconds East, departing said proposed south right-of-
way line and along said east line, a distance of 60.00 feet to a 1/2-inch found iron rod for comer
on the existing south right-of-way line of Sandy Lake Road (variable width right-of-way);
THENCE South 89 degrees 43 minutes 31 seconds East, along said existing south right-of-way
line, a distance of 328.87 feet to a l/2-inch found iron rod for comer;
THENCE South 00 degrees 09 minutes 52 seconds West, continuing along said existing south
right-of-way line, a distance of 3.60 feet to a found 60D nail in a fence post for comer;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said existing south
right-of-way line, a distance of 2,017.73 feet to a 1/2-inch found iron rod with cap stamped
Brittain & Crawford at the intersection of said existing south right-of-way line with the existing
west right-of-way line of said State Road;
THENCE South 00 degrees 13 minutes 41 seconds East, along said existing west right-of-way
line, a distance of 66.40 feet to the POINT OF BEGINNING AND CONTIAINING 136,547
square feet or 3.135 acres of land, more or less.
-13-
~POINT OF ~TATE ROAD NOO'31'l,5,'E S89'28'45'E
, · " w) 356 43 20 00' N00'31'15
500'13 41 E BEGINNING (vARIABLE WIDTH R.O..-[---[~ ........ '____-~ .... '~'---7 ~9
, 66.40'~~ ......
Noo'~'~'W ~ ~ ..... J~-~-~-~--~ ..... ~ .... ~ .........
~ ~ ~ .nn 15 34 E SCALE. 1:300
~ ~ ~1~ ~. SCALE IN FEET
-- I II , / Z~ :
: ~ I' i BLOC~ A ','4-" .... ~[~ ~. ,
~ I J~ 0 ~'~
, PROPOSE z ~
PROPOSED ~l 1, ~ z AMBERPOINT BUSINESS ~ ~//~/~/~= I
~O~F~Y ~', ! ~ PARK AT COPPELL i ~////////~'~
DEDICA~ON ~j ~ ~ AN ADDITION TO ~T.~IHT~/////////////~
t~ 547 SQ FT.6 , il I ~ THE CITY OF COPPELL ~ '~//~/~gz
I ~ ~
.~ . ~ I . JAC~,LLC _ LOCA~ON ~
' I o BALLANTYNE · · -
_ ~~ ~I I ~ vo~. ~oo.~..~. ~o~ _,~ ~ .~ ~o ~c~
~ I I IL ~ a~
. ~" I, ~ ...................... ~0
e ~' II I -
I ~ I Il I I
--.~!, ,~ ~ LOT 1
~ ~ml' I ~ ~ sLo~ A
~ '~1 I~ I
~ I~l I ~ :zm PROPOS .
~ :~1 !7 ~; LOTS 1AND 2. BLOCK A I
I~il ~ ~ ~ AMBERPOINT BUSINESS ..... ~ ~ ~u.¢~iNG~
,~1 ~> FUIR/ ~r ~uaaE~
, ,.~l = PARK ATCOPPELL ~JJ/
SOO'O~'5Z"~ ' ~l~j AN ADDITION TO .................
, I - , . ~,~--
~.60 ~, ~1 J THE ~ITY OF CO
J ~ PPELL NO0'07 07 E 522.82 ,
........................
5894~]~ ~ I, i~ ~ VOL. S4Z03, P~.
328.87~ : tI I~ H~ACE T.OUPSON
' ' I I ~ ~ .am,cEa. J,. ' z
KELLER TELEPHONE ~ , = ~ VOL 95064 PG. 4709 ........
CO. EASEMENT~~ I~m - · , 30'WIDE PERMANENT '-~.
VOL. 5~41, PG. 357 ~ ~ ~ , UTILITY EASEMENT
. w,o UT, ,T, I
60.00 R.O.W~ ~~VOL. 99147, PG. 81~ ~ __ ~ ~'__ ~ ~
ION i ~
OEOICAT
~' '~ ; ~ ~ OF
I_L ~ ,.*---=,-9'E SANDY LAKE ROAD PROPOS~
: ~ ~ ~ ~ ~ FOUR SEASONS ADDITION ..............
j ~ ~ 60.00 voL. s,~s. PO. z~t RIOHT-OF-WA~ U~l~R/IgN
', SITUATED IN THE
~ .... ;~-;~--~2g~---- JESSE MOORE SURVEY, ABSTRACT No. 968
~U~AL LA~: CITY OF COPPELL, DALLAS COUNTY , TEXAS
aDO' R.O.W.) - FOR
Vz' F.l.R. ~2 FOUND IRON ROD In T~S~~ COMMER(,~SER
Bosls o$ BeQclnQs Is ~ t~oc~ o$ lend described BY
deed ~o HooDoo Thompson AFdlngec, JR., cecoFdod
m 950~4 Po e 4~09 et the Deed Re 616 ~RT~ ~ZA ~ -
In Volu e . g 8
o~ O~ll~s Count~, Tex~s. ~ 1'=3~' (214)~6-6200 Avo 19~44 ~T~ER, 2~I
CAP
AT COPPELL, L.L.C. &
COMMERCIAL SERVICES
EXHIBIT "B-I"
LEGAL DESCRIPTION OF RIGHT-OF-WAY
for
STATE ROAD
BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell,
Dallas County, Texas, and being part of a tract of land described in deed to Ballantyne Jack,
L.L.C., recorded in Volume 2001173, Page 3803 of the Deed Records of Dallas County, Texas
(D.R.D.C.T.), and being more particularly described as follows:
COMMENCING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the
centerline of Northpoint Drive (80 foot fight-of-way), said point being the northwest comer of a
tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume
96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition
to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.;
THENCE South 89 degrees 44 minutes 06 seconds East, along the north line of said City of
Coppell tract, a distance of 2,664.64 feet to the POINT OF BEGINNING, said point being on the
proposed west fight-of-way line of State Road;
THENCE North 00 degrees 31 minutes 15 seconds East, departing said north line and along said
proposed west fight-of-way line, a distance of 378.85 feet to a point for comer;
THENCE North 00 degrees 13 minutes 41 seconds West, along said proposed west fight-of-way
line, a distance of 1,493.77 feet to a point for comer;
THENCE South 89 degrees 44 minutes 26 seconds East, departing said proposed west right-of-
way line, a distance of 35.00 feet to a point for comer on the existing west right-of-way line of
State Road (variable width right-of-way);
THENCE South 00 degrees 13 minutes 41 seconds East, along said existing west right-of-way
line, a distance of 1,493.70 feet to a 1/2-inch found iron rod with cap stamped Brittain &
Crawford for comer;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said existing west
right-of-way line, a distance of 356.43 feet to a 1/2-inch found iron rod with cap stamped Brittaln
& Crawford for comer;
THENCE North 89 degrees 28 minutes 45 seconds West, continuing along said existing west
fight-of-way line, a distance of 20.00 feet to a 1/2-inch found iron rod with cap stamped Brittain
& Crawford for comer;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said existing west
right-of-way line, a distance of 22.58 feet to a 1/2-inch found iron rod with cap stamped Brittain
& Crawford for the northeast comer of said City of Coppell tract;
-14-
THENCE North 89 degrees 44 minutes 06 seconds West, departing said existing west fight-of-
way line and along the north line of said City of Coppell tract, a distance of 15.00 feet to the
POINT OF BEGINNING AND CONTAINING 65,091 square feet or 1.494 acres of land, more
or less.
-15-
A CALLEO ~0' R.O.W ,,.,0' R.O.W OEO,CAT,O,~ S~T~%~yE
J .,~:D.~ u ""] W/BRITTAIH &
SANDY LAKE ROAD ,VAR, ABLE WIDTH R.O.W.) / I ~CRAWFO~ CAP
-56.40'R.O.W DEDICATION 5OO'15'34'W~ S89'44'26"E'~ ~'[
,o.oo'~ '~ I.I
T.P.& L. EASEMENT~ ~
VOL. 1992, PG. 431. ~ ~
10' HIKE & BIKE PATH~
EASEMENT
N°su:~O'G°'96% 3s.Do ..o.w~
DE01CATION
S~~' -~ I ~ ~G~F-WAY
I : __ DEDICA~ON
~s$~ ~oO~ LOT 2 ~ ~ ~ 65,091 SO. FT.
,
BLOCK A ~ t ~ OR
~ 1.494 ACRES
PROPOSED LOTS 1 AND 2, BLOCK A
AMBERPOINT BUSINESS PARK AT COPPELL
' {i-'
BALLANTYNE JACK, ~
L.L.C.
VOL. 200.Va. PO. '1
-J '~, SCALE= 1'=300'
I' EASE~ bi I'' '
I ,~~ON~ o I ~ o ioo ~oo ~oo
11 ~o' SANITARY
MNT
SEWER EASE E
(UNSHADED) II ~ ~=~.~
PO~T oE CO,,E~CI~G ~~o,~ '.~'~~8~'~S'~yW
s FLOOD ZONE L,,~T LS~ /
~ c*P (APPROXIMATE LOCATIdN-AS · I ; ~Mff ~__
~' SCALED FROM FEMA ~L006 m I
INSURANCE UAP PAN[L 4B0170-0135 3
CITY OF COPPELL DATED: ~uo. 2~. 2oo,, ...........
POINT OF BEG~NN?G ~IBIT "B-I"
"-~5~00'~ STATE ROAD PROPOS~
RIGHT-OF-WAY DEDICATION
SITUATED IN THE
LEGEND JESSE MOORE SURVEY, ABSTRACT No. 968
F.I.R. FOUND IRON RO0 CITY OF COPPELL, DALLAS COUNTY , TEXAS
FOR
AMBERPOINT AT COPPELL, L.L.C. &
easls of Bearings Is o tract of lend described In TRANSWESTERNCOMMERCIAL SERVICES
deed to Horace Thompson Ardinger. JR.,recorded BY
In Volume 95064, Page 4709 of the Deed Records HALFF ASSOOATES, INC. ENGINEERS & SURVEYORS
8616 NORTHWEST PLAZA DRIVE - DALLAS TEXAS 75225
of Dallas County, Texas. SCALE 1~-300' (214)346-6200 AVO 19944 OCTOBER. 2001
1~J44 OGN3 cJ4
EXHIBIT "C"
LEGAL DESCRIPTION OF RIGHT-OF-WAY
for
NORTHPOINT DRIVE
BEING a tract of land out of the Jesse Moore Survey, Abstract No. 968 in the City of Coppell,
Dallas County, Texas, and being part of a tmet of land described in deed to Ballantyne Jack,
L.L.C., recorded in Volume 2001173, Page 3803, (D.R.D.C.T.), and being more particularly
described as follows:
BEGINNING at a 1/2-inch found iron rod with cap stamped Brittain & Crawford in the
centerline of Northpoint Drive (80 foot right-of-way), said point being the northwest comer of a
tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume
96164, Page 207, D.R.D.C.T., and being in the east line of Freeport North Addition, an addition
to the City of Coppell, as recorded in Volume 84203, Page 1835, D.R.D.C.T.;
THENCE North 00 degrees 07 minutes 07 seconds East, along said east line, a distance of 30.00
feet to a point on a non-tangent circular curve to the left, having a radius of 410.16 feet and
whose chord bears North 75 degrees 33 minutes 23 seconds East, a distance of 220.98 feet, said
point being on the proposed north right-of-way line of Northpoint Drive (60 foot wide);
THENCE Northeasterly, along said proposed north right-of-way line and along said circular
curve to the left, through a central angle of 31 degrees 15 minutes 17 seconds and an arc distance
of 223.74 feet to the point of reverse curvature of a circular curve to the right, having a radius of
480.00 feet and whose chord bears North 74 degrees 58 minutes 11 seconds East, a distance of
249.12 feet;
THENCE Northeasterly, continuing along said proposed north right-of-way line and along along
said circular curve to the right, through a central angle of 30 degrees 04 minutes 52 seconds and
an arc distance of 252.01 feet to the point oftangency;
THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said proposed north
right-of-way line, a distance of 315.43 feet to 'the point of curvature of a circular curve to the let~,
having a radius of 420.00 feet and whose chord bears North 45 degrees 02 minutes 07 seconds
East, a distance of 593.71 feet;
THENCE Northeasterly, along said proposed northwest right-of-way line and along said circular
curve to the left, through a central angle of 89 degrees 57 minutes 00 seconds and an arc distance
of 659.37 feet to the point oftangency;
THENCE North 00 degrees 03 minutes 37 seconds East, along said proposed west right-of-way
line, a distance of 1,307.69 feet to a point for comer;
-16-
THENCE South 89 degrees 44 minutes 26 seconds East, along said proposed north fight-of-way
line, a distance of 60.00 feet to a point for comer;
THENCE South 00 degrees 03 minutes 37 seconds West, along said proposed east right-of-way
line, a distance of 1,307.49 feet to the point of curvature of a circular curve to the right, having a
radius of 480.00 feet and whose chord bears South 45 degrees 02 minutes 07 seconds West, a
distance of 678.53 feet;
THENCE Southwesterly, along said proposed southeast right-of-way line and along said
circular curve to the right, through a central angle of 89 degrees 57 minutes 00 seconds and an
arc distance of 753.56 feet to the point oftangency;
THENCE North 89 degrees 59 minutes 23 seconds West, along said proposed south right-of-way
line, a distance of 315.43 feet to the point of curvature of a circular curve to the left, having a
radius of 420.00 feet and whose chord bears South 74 degrees 58 minutes 11 seconds West, a
distance of 217.98 feet;
THENCE Southwesterly, continuing along said proposed south right-of-way line and along said
circular curve to the left, through a central angle of 30 degrees 04 minutes 52 seconds and an arc
distance of 220.51 feet to the point of reverse curvature of a circular curve to the fight, having a
radius of 470.16 feet and whose chord bears South 64 degrees 47 minutes 58 seconds West, a
distance of 79.84 feet;
THENCE Southwesterly, continuing along said proposed south right-of-way line and along said
circular curve to the right, through a central angle of 09 degrees 44 minutes 27 seconds and an
arc distance of 79.93 feet to a point for comer on the north line of said City of Coppell tract;
THENCE North 89 degrees 44 minutes 06 seconds West, along said north line, a distance of
171.88 feet to the POINT OF BEGINNING AND CONTAINING 164,789 square feet or 3.783
acres of land, more or less.
-17-
¢~a-,~,-.,c S00'09'52'W r-T.P.& L. EASEMENT
........... ~u~ '~.~ .~, L /VOL 1992, PG 431 r- A CALLED 50' R O.W
KELLER TELEPHONE CU. I-ASLMI'N/---~ ~m a~ ~ ¢d~ / ~ ...... ~_.-- / .. '
VOL. 5141. PG. 357 / ~ ~o.o~ / ~.u~ / 5B~'44'ZS"E / y~, FJ.R.
SANDY LAKEI / ROAD~VARIABLE WIDTH R.O.W.) J_~ 60.00/ J_
I ~ VOL. 99147. PG'8121 * '' I m,~,~ T.P.& L. EASEMENT~
' t ' ', ~ I ~ I~ VOL. 1992. PG. 431 ,I i
I . I HORACE T~MPSON O..~ .1~ m, ~¢ ~ R~k~ PATH
' ~ ~ AeO,NGER. JR. : ~ I ~1~ [~[~ ~ ..... /~ I '
I . I : 1~ LOT 2 h e ,
: ~ ' l~ e~oc~ A ,I I ;
I ~1, I LOT 1 ~
: u=, *
~:~ I ~ ~ DEDICATION ·
s SCALE: i'=300' ~ I --
, , ~1~I~ I' !. ',
:o ~oo ~oo ~oo .il i ~,~w~1' ~I~ .,~,.mE~,c,.~.~.c. .I
~ ! g! I I PROPOSED LOk~ il AND 2, BLOCK A
~ ; Z[, I AMBERPOINT BUS~S PARK AT COPPELL ~1~ !~1
~ ~ ~ ~. 30' WIDE PER~ANENT AN ADDITION TOi T~E CITY OF COPPELL b,~ ]~ ',~
o , ~='F~.~ ~ ~ UT~ITY EASEMENT ~1
~ I "~1 ' VOL. 99147. Pp. 807 ~ ~,' {0 I~
' .................... ---- ' .... ~ I
~ , '-'~1 - ~.~ ..... ~1 .~.~ , I~ .~
< ~ LEGEND I fl , / ( I~i ......
''FJ.R. '/z'~OU.OmONRO0 ~ ti I II I ' ~ ,I
.,.: ,, i,
~ I I ~ NSg4632WI ,= I~~G~-WAY I, I
O ', . ~ ~ ~ 2.2g' ', I ~ I ~ 164,78g SO. FT. ,~ I ',
~ , I ~ , ~ ~i ~ , I I
'. v,'r~L~w~u' . ~: 89'57'00', ,. III 3.~83 ACRES II I ,"'~'"
I ssg.57,02,E~N00 56'17'W , ..~**, / ~ I ~ ~ . I
i] ,o.
: = ~ m ' . , , L= 659.37' / / / · IR.O.W
,g~ ~I A= 3r15'1~' ~' ~R= 480.00' .__,__,_/.~/,~IR= 480.00'
; ~m ~ o- 410.16' ..I/ IT= 128.98' S8959Z~E ~",'/~T= 479.58' "~
~ Bg ~, , ~ · 315.43' / ,/ / ,
, ~ ~, r~ .4.73 ~/', IL= 25~.m ~ ~ ~ . /. IL= 753.56
/ > °! ~lc -Zose' ~'l L_ ~' ~.--- ~bl, ,~
. c.o.-z ......... ~ ...... ..
........... ................................
DRIVE, ~ / ~ N X N89'44'O6'W 5 ,mm=n,~a,~ Z,679.64' , , --ff ,-~
(80' R.O.W.) /~', / ~ ~ ...... 4~" ~ ~ ~d n N89'44 06 W lS.~
W ~.~m ~i / ~ % I~= ~u uR ~z 315.43 ·
' . , C~TV OF COP~LL SOO 31 15 W.
~ce(c~: , · , . R- 420.00
rv,,V.BEGiNNiNG MX ~ ~ ~=1/R: 470.16'40~6~ .IL t20.5 '
NB9'44'O6'W~[ ~: 79:~;.'. 20.00'
- C.B.=79.84, ~z ~ ~~
FREEPORT NORTH , OF
/" ///'/A
/ /. :,' .a~ IT n,"'A"~wn],,,l' ""
/-~ SANDY LAKE RD. ~r z_.'~./'~..,.-~.z~.v
/ NOT TO ~CALE
VOL. 84203. PG. 1835 NORTHPOINT DRIVE PROPOSED
RIGHT-OF-WAY DEDICATION
SITUATED IN THE
JESSE MOORE SURVEY, ABSTRACT No. 968
Basis of Bearlngs Is a CITY OF COPPELL, DALLAS COUNTY , TEXAS
tract of land described FOR
In deed to Horace .AJV[BE~OX~ ATCOPP£LL,L.L.C. &
Thompson Ardlnger. JR.,
recorded In Volume 95064. ~SW~_,ST~;~ COMMERCIAL SERVICES
Page 4709 of the Deed BY
Records of Dallas County. HALFF ASSOCIATES, INC. ENGINEERS & SURVEYORS
Texas. 8616 NORTHWEST PLAZA DRIVE - BALLAS TEXAS 75225
SCALE 1'=300' (214)34e~-$200 AVO I9944 OCTOBEI% 2001
19944 DGN=g44EXHB-A.DG!
EXItlBIT "C'
COST BREAKDOWN FOR PAVING AND DRAINAGE
The costs for the design and construction of Northpoint Drive extension and related public utility
improvements (further described in Exhibit "D"- NPD Extension Criteria) is as follows:
Engineering Design- Paving & Utilities
Construction
· Northpoint Drive- 2880 lf- 41 foot wide, 4-lane undivided
· Associated 12" Water Line
· Associated 8" Sanitary Sewer
· Associated Storm Drainage
Estimated Cost- $1,157,702
-18-
EXHIBIT "D'
OqPD Extension Criteria)
The proposed design for the extension of North Point drive consist of approximately 2,880 linear
feet of public road improvements that connect Sandy Lake Road (west of Royal lane) with the
existing limits of North Point Drive located approximately 350 feet west of Royal Lane. The
North Point Drive Extension will be designed as a 41 foot wide 4-lane undivided (class C4U)
street. Sub-grade preparation, pavement section design and steel reinforcement will be in
accordance with City of Coppell standards for a class C4U street described on sheet SD1 of the
City of Coppell Standard Construction Details.
A 60 foot wide right of way for the proposed improvements will be dedicated to the City of
Coppell via plat. In addition, a 12-inch waterline, 8-inch sanitary sewer, and drainage
improvements within the 41 foot wide limits of the proposed North point Drive Extension will be
constructed in conjunction with the proposed pavement. All of the stated utilities will be
dedicated as public utility improvements and will be designed and constructed in accordance
with City of Coppell standards.
-19-
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION:
Consider approval of a license agreement between the City of Copper and David J. and Diana R. Fischer to
allow for the continued use of a portion of a sanitary sewer easement located at 1002 Forestwood Lane; and
authorizing the Mayor to sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Dir. of Engineering/Public Works
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT EST. $
DIR. INITIALS: V-l
Agenda Request Form - Revised 5/00
+k-BID $
CITY MANAGER REVIE
Document Name: #eng3
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works ~
September 26, 2000
Consider approval of a license agreement between the City of Coppell and
David J. and Diana IL Fischer to allow for the continued use of a portion of a
sanitary sewer easement located at 1002 Forestwood Lane; and authorizing the
Mayor to sign.
In 1993 the house at 1002 Forestwood Lane in the Lakewood Estates subdivision was
constructed. The information provided to the City for permitting purposes failed to show an
existing 30-foot sanitary sewer easement along the west side of the property. As a result of this,
the corner of the house was constructed approximately 5 feet within the existing 30-foot utility
easement. Subsequent to the construction of the home, a pool was constructed and again the
information provided to the City failed to show the existing 30-foot utility easement. As with the
construction of the house, a portion of the pool was constructed within the existing 30-foot
sanitary sewer easement. In 2000, the owner was in the process of selling the property when a
property survey revealed the encroachment of the pool and the house in the existing sanitary
sewer easement. Since that time, there have been numerous meetings and discussions with the
property owners, perspective owners, homebuilders and attorneys to consider the resolution of
this issue. While the home and pool encroach within the existing sanitary sewer easement they
are not in conflict with the location of the existing sanitary sewer line. Based upon our
investigation, it appears that our sanitary sewer line is approximately 8 to 8 ½ feet away from the
corner of the house. Therefore, the abandonment of a portion of the easement where the corner
of the house encroaches would not diminish our ability to access the line if needed. Our main
concern with the encroachment and the approval of the license agreement was to ensure that the
City would not be responsible for any damage to the house or pool because of our future use of
the easement. This is covered in paragraph six. Therefore, staff has no objections to the
continued encroachment into the easement by the house and the pool.
Staff recommends approval of the license agreement between the City of Coppell and David and
Diana Fischer. Staffwill be available to answer questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
STATE OF TEXAS
COUNTY OF DALLAS
LICENSING AGREEMENT AND AGREEMENT
TO PARTIALLY ABANDON EASEMENT ~
THIS LICENSING AGREEMENT and AGREEMENT TO PARTIALLY ABANDON
EASEMENT (hereinafter collectively referred to as "AGREEMENT") is made by and between the
City of Coppell, Texas (hereinafter also referred to as the "CITY"), after first having been duly
reviewed and approved by the Coppell City Council, and David J. And Diana R. Fischer (hereinafter
also collectively referred to as "LICENSEES"), acting by and through their authorized
representatives.
WlTNESSETH:
WHEREAS, LICENSEES own the real property improvements located at 1002 Forestwood
Lane (Lot 18, Block E Lakewood Estates), being more particularly described in Exhibit "A",
attached hereto and incorporated herein as if fully set forth and for all purposes; and
WHEREAS, constructed on the property is a house, pool and pool deck (hereinafter referred
to as the "IMPROVEMENTS") that lie partially within a 30 foot City sanitary sewer easement,
Volume 75142, page 1390 as shown on the survey plat marked Exhibit "B", attached hereto and
incorporated herein as if fully set forth and for all purposes; and
WHEREAS, LICENSEES have requested that the CITY allow the use and occupancy of the
sewer easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
Purposes: CITY hereby grants LICENSEES and their successors in interest and assigns an
irrevocable license for the purpose of maintaining and using those portions of the house,
pool, and pool deck (the "PERMITTED IMPROVEMENTS") now encroaching into the
CITY sanitary sewer easement, and being more particularly depicted on Exhibit "B" attached
hereto and incorporated herein as if fully set forth and for all purposes.
Term: The term of this Agreement shall be perpetual, and shall not be subject to termination
so long as any of the PERMITTED IMPROVEMENTS discussed herein encroach into the
CITY sanitary sewer easement referenced herein, except as provided in paragraphs 7 and/or
11 of this Agreement.
257/9070 #392274 Licensing Agreement Page 1
Non-exclusive: This License is non-exclusive and is subject to any existing utility, drainage
or communications facilities located in, on, under or upon the utility easement or property
owned by CITY; to any utility or communication company, public or private;' to all vested
rights presently owned by any utility or communication company, public or private; for the
use of the CITY utility easement for facilities presently located within the boundaries of the
easement; and to any existing lease, license, or other interest in the easement granted or
which may be granted by CITY at any time and to any individual, corporation or other entity,
public or private.
Environmental Protection: LICENSEES shall not use or permit the use of the property for
any purpose that may be in violation of any laws pertaining to thc health of the environment,
including without limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 ("CERCLA"), thc Resource Conservation and Recovery Act of
1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. Therefore,
LICENSEES and each and any of their successors or assigns represent and warrant that the
use of the PERMITTED IMPROVEMENTS on the property will not result in the disposal
or other release of any hazardous substance or solid waste on or to thc property, and that they
will take all steps necessary to ensure that no such hazardous substance or solid waste will
ever bc discharged onto thc property or adjoining property by LICENSEES or any of their
successors or assigns. The terms "hazardous substance and waste" shall have the meaning
specified in CERCLA and the term solid waste and disposal (or dispose) shall have thc
meaning specified in the RCtLA; provided, however, that in thc event either CERCLA or
RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall likewise apply herein subsequent to the effective date of such amendment; and
provided further, at the extent that the laws of the State of Texas establish a meaning for
hazardous substance, release, solid waste, or disposal which is broader than that specified in
the CERCLA or RCRA, such broader meaning shall apply herein. LICENSEES and each
and any of their successors in interest or assigns shall indemnify and hold CITY harmless
against any and all costs and expenses related to environmental clean up to the property and
surrounding CITY property resulting from LICENSEES' use of the property under the
License granted herein.
Mechanic's Liens not Permitted: LICENSEES and any successors in interest or assigns
shall fully pay all sums owing for all labor and materials purchased for or used in, on or
about the property by such LICENSEES and any successors in interest or assigns, and agree
that they will not permit or suffer any mechanic's or material man's liens of any nature to be
affixed against the property by reason of any work done or materials furnished to the property
at LICENSEES' instance or request.
Future City_ Use: Except as provided in paragraph 10 herein, the License conveyed herein
is made expressly subject and subordinate to the right of the CITY to use the portion of the
easement outside the physical limits of the house, pool, and pool deck for any public purpose
whatsoever. In the event that CITY shall, at any time subsequent to the date of this
257/9070 #392274 Licensing Agreement Page 2
o
10.
Agreement, at its sole discretion, determine that the relocation, maintenance or removal of
the existing sanitary sewer line shall be necessary or convenient for CITY's use of property,
or for purposes of public health and safety, LICENSEES and any successors in interest or
assigns hereby agree CITY shall not be liable for any cost or claims for structural or cosmetic
damage to the house, pool, or pool deck, because of CITY's activities within the sanitary
sewer easement, or as a result of or related to any utility services provided to LICENSEES.
Duration of License: This License shall terminate, be null and void, and be of no further
force and effect in the event LICENSEES or their successors in interest or assigns shall
discontinue or abandon the use of the PERMITTED IMPROVEMENTS, or in the event
LICENSEES or their successors in interest or assigns shall remove the PERMITTED
IMPROVEMENTS from the property, or, in the event that the CITY abandons all of the
properties depicted as a public easement on Exhibit "B".
Compliance with Laws: LICENSEES and their successors in interest or assigns agree to
abide by and be governed by all laws, ordinances and regulations of any and ail governmental
entities having jurisdiction over the LICENSEES and their successors in interest or assigns.
Indemnification: LICENSEES and their successors in interest or assigns shall fully and
completely defend, protect, indemnify and hold the CITY forever harmless against and from
any expense, cost, penalty, damage, or charge, imposed for any violation of any law,
ordinance, role or regulation arising out of the use of the property by the LICENSEES, or
their successors in interest or assigns, whether or not occasioned by the neglect of
LICENSEES or their employees, officers, agents, representatives, contractors, successors in
interest or assigns or any person or entity in privity with same. LICENSEES and their
successors in interest or assigns shall at all times fully and completely defend, protect,
indemnify and hold the CITY harmless against and from any and all loss, cost, damage, or
expense, including attorney's fees, arising out of or from any accident or other occurrence
on or about the property causing personal injury, death or property damage resulting from
use ofpropet~y by LICENSEES or by their successors in interest~ assigns, agents, employees,
customers and invitees, or arising out of or from any and all claims or causes of action
resulting from any failure of LICENSEES, their officers, employees, representatives, agents,
contractors, successors in interest or assigns in any respect to comply with and perform all
the requirements and provisions hereof.
Partial Abandonment of Easement: The CITY, by this Agreement and upon the express
prior approval of the Coppell City Council, the receipt of which is hereby acknowledged by
the parties herein, also hereby affirms that, strictly subject to the CITY'S receipt of a
satisfactory indemnity and hold harmless agreement for any damage to the house which is
part of the PERMITTED IMPROVEMENTS constructed on the subject property, the CITY
will abandon that certain portion of the sanitary sewer easement described herein, and only
that portion, which abuts a comer of the house constructed on the subject property, in the
boundaries legally described in Exhibit "C" hereto. However, as to said abandoned portion,
257/9070 0392274 Licensing Agreement Page 3
11.
12.
13.
14.
15.
16.
LICENSEES for themselves and for their successors in interest and assigns hereby agree to,
and do, convey an irrevocable license to the CITY in perpetuity and running with the land,
in the same terms and upon the same conditions as specified in paragraphs 1,2and 6 in this
Agreement as to the non-abandoned portion of the easement described herein, and such
agreement by LICENSEES is and will be binding on any of their successors in interest or
assigns.
Termination: This Agreement may be terminated in any of the following ways:
Written agreement of both parties;
By CITY upon failure of LICENSEES to perform any of their obligations as set forth
in this Agreement;
By the CITY further abandoning any interest in the sanitary sewer easement.
However, the partial abandonment of interest by the CITY described in Paragraph 10
herein shall not be construed as in any way terminating this Agreement.
Notice: When notice is permitted or required by this Agreement, it shall be in writing and
shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the
address set forth opposite their signature. Either party may designate from time to time
another and different address for receipt of notice by giving at least thirty days advance
written notice to the other party of such change of address.
Attorney's Fees: Any signatory to this Agreement, who is the prevailing party in any legal
proceeding against any other signatory brought under or with relation to this Agreement shall
be entitled to recover court costs and reasonable attorney's fees from the non-prevailing
party.
Governing Law: This Agreement is governed by the laws of the State of Texas; and venue
for any action to enforce this Agreement or related to same shall be in Dallas County, Texas.
Binding Effects: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors in interest
and assigns.
Entire A~reement: This Agreement embodies the entire agreement between thc parties
hereto and supersedes all prior agreements or understandings, if any, relating to the property
and the matters addressed herein and this Agreement may be amended or supplemented only
by written instrument executed by all parties hereto.
257/9070 #392274 Licensing Agreement Page 4
17.
Legal Construction: The provisions of this Agreement are hereby declared and
acknowledged to be covenants nmning with the property and are fully binding on all
successors in interest, heirs, and assigns of LICENSEES, and particularly upon those who
acquire any right, title, or interest in or to the property or any part thereof. Any person or
entity who acquires any right, title, or interest in or to the property referenced herein or any
part hereof, thereby agrees and covenants to abide by and fully perform all provisions of this
Agreement by virtue of holding any right, title or interest in said property.
EXECUTED this
__day of ,2001.
ACCEPTANCE AND AGREEMENT ACKNOWLEDGED BY:
CITY OF COPPELL, TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
LICENSEES:
By:
DAVID J. FISCHER
By:
DIANA R. FISCHER
257/9070 #392274 Licensing Agreement Page 5
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __
David J. Fischer.
day of
Notary Public, State of Texas
My Commission expires:
.,2001,by
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instmmem was acknowledged before me on the __
Diana R. Fischer.
day of
,2001, by
Notary Public, State of Texas
My Commission expires:
257/9070 #392274 Licensing Agreement Page 6
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the __
day of ,2001, by
Jim Witt, City Manager of the City of Coppell, Texas a Texas municipality, on behalf of said
municipality.
Notary Public, State of Texas
My Commission expires:
257/9070 #392274 Licensing Agreement Page 7
THE EXHIBITS FOR THIS
AGREEMENT WERE NOT
RECEIVED BY THE CITY
AT TIME OF PRINTING
THE PACKET
HOPEFULLY THEY WILL
BE HERE TO PASS OUT AT
THE TIME OF THE
COUNCIL MEETING.
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-186R2, Duke-Freeport, zoning change 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, and authorizing the Mayor to sign.
SUBMrlTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Deci_.qi~on of P&Z Commission: N/A
On September 20, 2001, the Planning & Zoning Commission unanimously approved this zoning change.
On October 9, 2001, City Council unanimously approved this zoning change.
Staff recommends approval.
DIR. INITIALS:
FIN. REVIEW:
CITY MANAGER REVIE
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-186R" (PLANNED
DEVELOPMENT-186 REVISED) TO PD-186R2 (PLANNED
DEVELOPMENT - 186 REVISED 2) TO ALLOW FOR ADDITIONAL
MONUMENT SIGNAGE, TO DECREASE THE REQUIRED PARKING ON
LOT 1, AND TO INCORPORATE THE TREE MITIGTAION/LANDSCAPE
PLAN ON APPROXIMATELY 140 ACRES LOCATED ALONG THE WEST
SIDE OF COPPELL ROAD, BETWEEN RUBY AND BETHEL ROAD, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR DEVELOPMENT
CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN
ESTABLISHING LOCATIONS AND TYPES OF MONUMENT SIGNS AND
PARKING REQUIREMENTS FOR LOT 1, ATTACHED HERETO AS
EXHIBIT "B"; PROVIDING LANDSCAPE TABULATIONS, TREE
MITIGATION PLAN, AND LANDSCAPE PLAN FOR FREEPORT
PARKWAY AND LOT 2 WEST POND AND LOT 4X EAST POND,
ATTACHED HERETO AS EXHIBITS "C","D", AND "E",
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-186R2
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
43947
and the same is hereby amended to grant a change in zoning from "PD-186R" (Planned
Development 186 Revised) to PD-186R2 (Planned Development - 186 Revised 2) for the property
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions set forth:
A. That the property shall be developed in accordance with the Site Plan, Landscape
Tabulations, Tree Mitigation Plan, and Landscape Plan, attached hereto as Exhibits
"B", "C","D", and "E", respectively
SECTION 3. That the Site Plan indicating locations and types of monument signs
permitted and parking requirements for Lot 1, Landscape Tabulations, Tree Mitigation Plan, and
Landscape Plan for Freeport Parkway and Lot 2 west pond and Lot 4x east pond, 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 all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, 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 43947
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately 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.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
(~I-I/oo'~t~/3 ~aOOl)
LIBBY BALL, CITY SECRETARY
3 43947
OESCRIPTION. of a 142-70,3 acres t/ac~, of land situated In the J~n Vest. Su~), Abstract No. 1508. Count). of D~llas. Stats of Texas. sa~ trot berg
all of the same tract desorlbed in deed to Duke-Weeks Realty Corporation, recorded in Volume 2000092. Page .375g af the Deed Records of Dallas County.
Texas; said 14.2.70,3 tract being mare particularly described as follow~:
BEGINNING. at (3 'PK' nell found, ~old point being the intersection of the cents[line of Rub)' Rood (a variable wldth public i~ght-of-way) and the west
right-of-waY line of Cappell Ro(3d (cz SO foot wide public ri(sbt-al-way); said point being the northwest camel' of the ~(31d D~ke-Weeke tract=
THENCE:. South OD Degrees. 27 Minutes. 49 Seconds West. along the said west line of Cappell R~ad, a distance af 1358.5g feet to e 3/&-.inch spike found
at on ancjle point;
THENCE. South (30 Degrees, 06 Minutes, 12 Seconds West. continuing along the said west line of Cappell Rood. o distance of 468.27 feet to a I/2-inch
iron rod found; sold point oleo being the northeast comer of ct tract of land desoribed in deed to Robert L. Robertsan, L. lC.. recorded In Volume
98170, Page 5904 of the Deed Records af Dallas County. Texas;
THENCE. North 89 Degrees. 15 Minutes, 4.7 Seconds West. deporting the said weak line of Cappell Raczd and along the north line of the Robot[son tract, a
distance of 556.81 feet to an axle found for Darner; said point also being the northwest comer af the Rebertecfl t/oct;
THENCE, South 04. Degrees, 02 Minutes. 20 Seconds East. along the west line of the Robe[[san tract, o distance of 164..14. feet to a 1/2-inch Iran found
far comer;, said paint ales being In the north line of (3 tract of land described In deed to Joel Her[men recorded in Volume 801,35, Page 2707 of the
Deed Records of Dallas County, Texas; said poInt also being in the north line of the Lochhoven Addition. an unreCorded addition to the City of
Cappell, Tsxa~ '
THENCE, North 89 Degrees, 31 Minutes. 4.7 Seconds West. aloes the nar:h line of the Lockhoven Addition and said Hortman tract, passing at cz distance of
14.9.24. feet to an axle found czt the hortheczst corner of o t/oct of land described in deed ta Thomas & Tome Church. recorded in Volume 9,3144, Page 4.218
o fthe Deed Records of 0elias County, Tex~', in all cz distance of .~4'.-~5 feet to o I/2-inch ;ran rod with 'A HALFF' cap found for corner:, et the
northwest corner of the said Loohhczven Addition an<3 said Church tr,3ct;
THENCE, South DO 0egress. 59 MinuteS, 55 Seconds West. along the west llne of the said Lochhaven Addition, a distance af 560.79 feet to a 1/2-~ch
iron rod with 'A HALFF' cap found fo' corner;, said paint being in the north llne of o tract of land desor~ed in Warranty 0sad to M~ldrsd I.. Goodwin.
recorded in Volume 79108, Page 727 of the Deed Records of Dallas Co~.'tty. Texas;
11-rE:NCR. North 89 Degrees. 29 Minute1. 47 Seconds West. along the notch line o( the said Goodwin U'oct. a distance of 4.0.00 feet to a 1/2-1rich ;ran rod
with 'A HALF'F' cap found for corner; said point being the northwest cc,nor af the said Gaodwin t/ecl:
THENCE, South 00 0ecjrees. 59 Minutes, 55 Seconds West, along the we,:[ line of the said Gaodwln t/act, o distance of 130.00 feet to (3 1/Z-inch ;ton rod
with 'A HALFF' cap found in the nort~ right-of-way llne of Bethel '~oo(: (o variable width public ri(sbt-of-way); said point being the southwest corner
of [he sczid Gaodwin tract;
THENCE. North 89 Oe~reas, 29 Mlnute;, 45 Seconds West. along the sot,: north lIne of Bethel Road. a distance of 184.1.62 feet to a 1/2-inch iron rod
with 'A HALFF' cap found for corner; eaid point being the intersect;on of [he said north line of Bethel Road and the east line of a tract of land
de,,cr;bed ;n deed to Coppell Industrial N.Y. os recorded in Volume 8207~. Page 1061 of the Deed Records of Dallas County, Texas;
THENCE. North 00 Oegrees. 2.3 Minutes, 44 Seconds East. deporting the ~aid north llne of 8ethel Rood and along the east I~e of the said Coppell
Industrial tract, a distance of 169.45 feet to cz 5/8-inch ;ran rod ~;th "C~R° cap found ~n the southeast line of State Road (an undedicated
right-of-way);
THENCE. North 11 degrees, 17 mlnute~, 28 seconds West. o distance o( 75.57 feet to cz I/2-1nch iron rod with 'Pocheco Koch' Cap set at on angle point;
said paint also being ;n the contort;ne of said State Read;
THENCE, North 00 Degrees. ,32 Menu[et. 27 Seconds East. continuing along the said centerline af State Rood, o distance of 24.51.0~ feet to o t/2-inch
~fOn rod with 'Pocheco Koch' cop Sit In the sold centerlino of Rub). Ro-3d:
THENCE:, easterly, along the said centertine of Ruby Road. the follow:nS '.hree courses and dlstance~
South 7,~ Degrees. 15 Minutes, 12 Seconds East. (3 distance of 78~.34. feet ta · S/S-inch Iroo rod found at an angle polnt:
North 75 0egress. $1 Minutes. 12 Seconds East. a distance of 52.",.¢0 feet to a 'PK' nail found at an angle point:
South 89 0soirees. 4.3 Minutes, :1 Seconds East, a dlstcznce of 13C8.29 feet to the POINT OF' BEGINNING
CONTAININC: 6,216.144. square feet or 142.703 acres of land, more '~' less.
lr~rl~fBI~ "A"
EXHIBIT 'B' J
~i .... u "'" '-'"' ..
EXHIBIT "C"
ti?il
i
~r~BZT "D"
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1192, Pizza Inn, zoning change 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., and
authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of ?&Z Meeting: N/A
Decision of P&Z Commission: N/A
On September 20, 2001, the Planning and Zoning Commission unanimously approved this Special Use Permit.
On October 9, 2001, City Council unanimously approved this zoning change.
Staffrecommends approval.
DIR. INITIALS: ~~,
FIN. REVIEW:
CITY MANAGER REVIEW:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM "C' (COMMERCIAL) TO "C-S.U.P.-1192"
(COMMERCIAL-SPECIAL USE PERMIT - 1192) TO GRANT A SPECIAL
USE PERMIT TO ALLOW FOR THE OPERATION OF A TAKE
OUT/DELIVERY RESTAURANT TO BE LOCATED IN THE COPPELL
CROSSING SHOPPING CENTER, LOT 5, AT 751 MACARTHUR
BOULEVARD, 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 PLANS, 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-1192 should be approved, and in the
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P."
(Commercial - Special Use Pemait-l192) to grant a special use permit for the operation of a take
out/delivery restaurant to be located in the Coppell Crossing Shopping Center, Lot 5,at 751 MacArthur
Boulevard, and being more particularly described in Exhibit "A" attached hereto and made a part
hereof for all purposes, subject to special conditions.
43945
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
(A) The hours of operation shall be from 11:00 a.m. to 12:00 p.m., Sunday through
Saturday.
03) The site shall be developed in accordance with the approved site plan, floor plans,
elevations, and sign plans, which are attached hereto and referred to herein in Section 3.
SECTION 3. That the Site Plan, Floor Plan, Elevations, and Sign Plans, 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 43945
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, finn or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately fi.om and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
ROBERT E..HA~R, CITY~ATTORNEY
(REH/cdb 10/18/01) t.~
LIBBY BALL, CITY SECRETARY
3 43945
WHEREAS, Coppell Crossing One, Ltd., Coppell Crossing Two, Ltd., Coppell Crossing Three,
Ltd., Coppell Crossing Four, Ltd., Coppell Crossing Five, Ltd., and Coppell Crossing Six, Ltd.
Are the owners of o called 9.891 acre tract of land as evidenced by the instrument
recorded in Volume 97098, Page 1991, Deed Records Dallas County, Texas (DRDCT) situated
in the Singleton Thomson Survey, Abstract Number 1493, in the City of Coppell, Dallas
County, Texas and being more particularly described os follows:
COMMENCING at o ~ inch iron rod found for the southeast corner of said called 9.891 acre
tract of land and being located at the point of intersection of the westerly right-of-way
line of MocArthur Boulevard ((3 110 feet wide right-of-way) with the northerly right-of-way
line of the Dallas Rapid Transit Authority Railway (a 100 feet wide right-of-way);
THENCE along said westerly right-of-way line of MocArthur Boulevard os follows:
North 00 degrees 02 minutes 08 seconds East, a distance of 196.53 feet to o ~ inch iron
rod found for the beginning of a curve to the right having a radius of 875.00 feet, o
chord bearing of North 11 degrees 05 minutes 55 seconds East, a chord length of 335.81;
-Along said curve to the right through o centrot angle of 22 degrees 07 minutes .34
seconds to <3 .3/8 inch drill hole w/PKnail set for corner;
THENCE North 69 degrees 4,3 minutes 02 seconds West departing said westerly
right-of-way line, a distance of 174.99 feet to a .3/8 inch drill hole found for the POINT
OF BEGINNING;
THENCE North 69 degrees 45 minutes 02 seconds West, a distance of 98.99 feet to a .3/8
inch drill hole w/PKnail found for corner;
THENCE WEST, a distance of 11.3.15 feet to a .3/8 drill hole w/PKnail found for corner;
THENCE NORTH, o distance of 14,3.66 feet to a ~ inch iron rod found for corner on the
easterly line of the D.P.&L. Co, 1.30' right-of-way as evidenced by the instrument recorded
~n Volume 4594, Page 302, Deed Records of Dallas County, Texas;
THENCE with said easterly right-of way line North 29 degrees 1.3 minutes 41 seconds East,
o distance of 1.32.59 feet to a 5/8 inch iron rod with plastic cap stamped "DUNAWAY &:
ASSOC" found for corner;
THENCE South 60 degrees 46 minutes 19 seconds East, a distance of 195.00 feet to a
5/8 inch iron rod stamped "DUNAWAY ~ ASSOC." found for corner;
THENCE South 29 degrees 1,3 minutes 41 seconds West, a distance of 59.2.3 feet to a ½
inch iron rod found for corner;
THENCE SOUTH, a distance of 146.79 feet to the POINT OF BEGINNING;
~ONTAINING within these metes and bounds 10715 acres or 46,676 square feet of land
more or less.
EXHIBIT
./
I'
.I
I
· /
/
/
!I
'i
~r~IBIT- "D'
LIJ
T H E: C I T Y 0 F
COPP LL AGENDA REQUEST FORM
COUNCIL MEETING: November 13, 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 Texas Dugan, L.P., described as
Freeport North Addition, Block A, Lot 2 (17.824 acres) and located on S. Royal Lane and south of
Creelcview Drive, Coppell, Texas.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:¥~
AMT. EST. $
DIR. INITIALS:
Agenda Request Form -
+\-BID $
CITY MANAGER REVIEW:
Doctunent Name: SPHTXDUG.doc
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF 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 13t__h day of November,
2001, at 7:00 P.M., to consider designation of the property
described as Block A, Lot 2, Freeport North Addition (17.824
acres), located at 611 S. Royal Lane, south of Creekview Drive,
Coppell, Texas, Texas Dugan, 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 Nov.mher 2, 2001
LEGAL DESCRIPTION
TEXAS DUGAN, L.P.
FREEPORT VII
Freeport North Addition
Block A, Lot 2 (17.824 Acres)
Volume 2000102, Page 14826
Dallas County Deed Records
EXHIBIT "A"
F
COPPEL£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ~
ITEM CAPTION: Consider approval of an Ordinance designating the Texas Dugan, L.P. Reinvestment Zone
No. 33, and authorizing the Major to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT. EST. $
DIR. INITIALS: ~
Agenda Request Form - Revised 5/00
+\oBID $
CITY MANAGER REVIE '
Document Name: STxDucan.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 33 (TEXAS DUGAN, L.P. FREEPORT VII);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY 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 governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Copp¢ll, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE 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 idemification is assigned the name "Reinvestment
Zone No. 33 (Texas Dugan, L.P. Freeport VII)."
1 40058
SECTION3. That the property within Reinvestment Zone No. 33 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 thereof, 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
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
~ ~-TTORNEY
(POS/rtl 8/13/01)
LIBBY BALL, CITY SECRETARY
2 40058
LEGAL DESCRIPTION
TEXAS DUGAN, L.P.
FREEPORT VII
Freeport North Addition
Block A, Lot 2 (17.824 Acres)
Volume 2000102, Page 14826
Dallas County Deed Records
EXHIBIT "A"
T H E C: I T Y 0 F
COi -I I. L AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # /__[
ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and Texas Dugan, L.E, 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 November 13, 2001. The Coppell Economic Development Committee
unanimously recommended approval of this abatement agreement request on July 11, 2001.
BUDGET AMT $
FINANCIAL COMMENTS:~¥
AMT EST. $
FIN. REVIEW:d~
+k-BID $
CITY MANAGER REVIEW:
Document Name: STxDugrs.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 TEXAS DUGAN, L.P. (FREEPORT
VH); 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 Coppell, Texas and Texas Dugan, L.P. (Freeport VII), 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 th~ 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 opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include inventory
and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
1 44298
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 affirmative 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 after 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:
APPROVED AS TO FORM:
LIBBY BALL, CITY SECRETARY
PETER G. SMITH, CITY ATTORNEY
(PGS/tfl 11/05/01)
2 43819
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 Texas Dugan, 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. 33 (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 f'mds that the contemplated use of the Premises (hereinafter
defined), the contemplated improvements to the Premises thereto in the mount 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 finds that the improvements sought are feasible and
practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone
and to the City after expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the goveming bodies of each of the taxing units in which the
Premises is located; and
TAX ABATEMENT AGREEMENT - Page 1 42691
WHEREAS, the City desires to enter into an agreement with Owner, the proposed 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 Seven Million Five Hundred Thousand Dollars ($7,500,000)
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 42691
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 total assessed taxable value
for the Premises 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.
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 which is added thereto subsequent
to the execution of this Agreement;
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 42691
IMPROVEMENTS
10. Owner owns the real property described in Exhibit "A" and agrees to construct or
caused to be constructed thereon an office/warehouse facility located at 611 S. Royal, Coppell,
Texas, known as Freeport VII, containing 383,450 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 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 Premises, but said action is a condition precedent to tax abatement pursuant to
this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to' this
Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the
completion of the contemplated Improvements on or before December 31, 2001, 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 all applicable state and local laws, codes, and regulations. Owner agrees that the
Improvements shall be used only as an office/warehouse facility 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.
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
TAX ABATEMENT AGREEMENT - Page 4 42691
(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 Premises, the benefit of the abatement
of real property 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) falls 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 State 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 falls 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
the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City
TAX ABATEMENT AGREEMENT - Page 5 42691
Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent
taxes and shall commence to accrue alter 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 sims. A copy of the exemption application shall be submitted to the
City.
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 to any successor, owner of the Improvements following the completion
thereof or, prior to such completion, with the consent of the City Manager. 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 ovemight delivery:
If intended for Owner, to:
Atto: JeffTumer
Texas Dugan, L.P.
5495 Beltline Road, Suite 360
Dallas, Texas 75240
If intended for City, to:
Atto: 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
TAX ABATEMENT AGREEMENT - Page 6 42691
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
28. 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.
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,
tire, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title,
or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and
fully perform the provisions of this Agreement with respect to the right, title or interest in such
Premises.
RECORDATION OF AGREEMENT
31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
TAX ABATEMENT AGREEMENT - Page 7 42691
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:
By: ~
LIBBY BALL, CITY SECRETARY
EXECUTED in duplicate originals this the __ day of
TEXAS DUGAN, L.P.
,2001.
By:
Name:
Title:
TAX ABATEMENT AGREEMENT - Page 8 42691
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instnunent 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 9 42691
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument v~as acknowledged before me on the
2001, by ~&f'f ~'/'-~tqkV~ being the 5r ~f~'~
L.P., on behalf of said limited p~nership.
My Commission Expires:
day of ~(3bl
of Texas Dugan,
Notary Public,
MY COM~8$1ON EXPIRES
TAX ABATEMENT AGREEMENT - Page 10 42691
LEGAL DESCRIPTION
TEXAS DUGAN, L.P.
FREEPORT VII
Freeport North Addition
Block A, Lot 2 (17.824 Acres)
Volume 2000102, Page 14826
Dallas County Deed Records
EXHIBIT "A"
COPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # I ~
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 Texas Dugan, L.P., described as
Duke Freeport Addition, Block A, Lot 4 (26.659 acres) and located between Coppell Road and Freeport
Parkway Extension, north of Bethel Road, Coppell, Texas.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT $
FINANCIAL COMMENTS:
AMT. EST $
Dm. INITIALS: ~~
Agenda Request Form - Revised 5/00
+X-BID $
CITY MANAGER REVIEW:
Document Name: SPHTXDGN.doc
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF 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 13th day of November,
2001, at 7:00 P.M., to consider designation of the property
described as Block A, Lot 4, Duke Freeport Addition (26.659 acres),
to be located between Coppell Road and Freeport Parkway extension,
north of Bethel Road, Coppell, Texas, Texas Dugan, 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 NovemBer 2, 2001
LEGAL DESCRIPTION OF PROPERTY
TEXAS DUGAN, L.P.
FREEPORT IX
Duke Freeport Addition
Block A, Lot 4 (26.659 Acres)
Volume 2000092, Page 3739
Dallas County Deed Records
EXHIBIT "A"
T H E C I T Y O F
C-OPP-ELE
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # _~__
ITEM CAPTION: Consider approval of an Ordinance designating the Texas Dugan, L.P. Reinvestment Zone
No. 36, and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET A_MT $
FINANCIAL COMMENTS:I'3~
AMT. EST. $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW:(~
+X-BID $
CITY MANAGER REVIEW:
Document Name: STXDGNRS.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 36 (TEXAS DUGAN, L.P. FREEPORT IX);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REIN'VESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY 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 governing 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 heating
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE 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 "Reinvestment
Zone No. 36 (Texas Dugan, L.P. Freeport IX)."
1 42689
SECTION3. That the property within Reinvestment Zone No. 36 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 thereof, 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:
APPROV~~RM:
LIBBY BALL, CITY SECRETARY
2 42689
LEGAL DESCRIPTION OF PROPERTY
TEXAS DUGAN, L.P.
FREEPORT IX
Duke Freeport Addition
Block A, Lot 4 (26.659 Acres)
Volume 2000092, Page 3739
Dallas County Deed Records
EXHIBIT "A"
F
C OPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # /_~
ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and Texas Dugan, 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 November 13, 2001. The Coppell Economic Development Committee
unanimously recommended approval of this abatement agreement request on July 11, 2001.
BUDGET AMT $
FINANCIAL COMMENTS:~~'
AMT. EST. $
Dm. INITIALS: ~) FIN. REVIEW~
Agenda Request Form o /00
+k-BID $
CITY MANAGER REVIEW:
Document Name: STXDGN.doc
RESOLUTION NO.
A RESOLUTION OF TI~E CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND TEXAS DUGAN, L.P. (FREEPORT
IX); AUTHORIZING ITS EXECUTION BY Tl~E MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WI:IEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of' Coppell, Texas and Texas Dugan, L.P. (Freeport IX), a copy of which is
attached hereto and incorporated herein by reference; and
WI:IEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and f'mds 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, TltAT:
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 f'mds 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 opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include inventory
and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
1 44296
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 affirmative 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 after 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:
APPROVED AS TO FORM:
LIBBY BALL, CITY SECRETARY
PETER G. SMITH, CITY ATTORNEY
(PGS/ttl 11/05/01)
2 43819
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 Texas Dugan, 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. 36 (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 £mds that the improvements sought are feasible and
practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone
and to the City after expiration of this Agreement; and
WHEREAS, 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 42690
WHEREAS, the City desires to enter into an agreement with Owner, the proposed 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 Ten Million Dollars ($10,000,000) 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.
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.
TAX ABATEMENT AGREEMENT - Page 2 42690
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 total assessed taxable value
for the Premises 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.
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 which is added thereto subsequent
to the execution of this Agreement;
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 42690
IMPROVEMENTS
10. Owner owns the real property described in Exhibit "A" and agrees to .construct or
cause to be constructed thereon an office/warehouse facility located at 540 Freeport Parkway,
Coppell, Texas known as Freeport IX, containing approximately 550,000 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 excluding the Land shall be at least Ten Million
Dollars ($10,000,000). Nothing in this Agreement shall obligate Owner to construct the
Improvements on the Premises, but said action is a condition precedent to tax abatement pursuant to
this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to. this
Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the
completion of the contemplated Improvements on or before December 31, 2001, 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 all applicable state and local laws, codes, and regulations. Owner agrees that the
Improvements shall be used only as an office/warehouse facility 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.
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
TAX ABATEMENT AGREEMENT - Page 4 42690
(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 Premises, the benefit of the abatement
of real property 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 State 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
the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City
TAX ABATEMENT AGREEMENT - Page 5 42690
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.
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 to any successor, owner of the Improvements following the completion
thereof or, prior to such completion, with the consent of the City Manager. 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:
Attn: Jeff Turner
Texas Dugan, L.P.
5495 Beltline Road, Suite 360
Dallas, Texas 75240
If intended for City, to:
Atto: 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
TAX ABATEMENT AGREEMENT - Page 6 42690
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
28. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same insmunent.
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.
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 fight, title,
or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and
fully perform the provisions of this Agreement with respect to the right, title or interest in such
Premises.
RECORDATION OF AGREEMENT
31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
TAX ABATEMENT AGREEMENT - Page 7 42690
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXttlRITS
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:
AGREe:
BY'~~~ C~Y ATTORNEY
LIBBY BALL, CITY SECRETARY
EXECUTED in duplicate originals this the __ day of
TEXAS DUGAN, L.P.
,2001.
TAX ABATEMENT AGREEMENT - Page 8 42690
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 9 42690
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This in_strumenL was acknowledged before me on the ~
2001, by ~-f '-'~kt~rl~r' being the ~r' ~'~1 ~9~,.~_~,
L.P., on behalf of said limited partnership.
My Commission Expires:
day of
of Texas Dugan,
P~ofTexas
Notary
TAX ABATEMENT AGREEMENT - Page 10 42690
LEGAL DESCRIPTION OF PROPERTY
TEXAS DUGAN, L.P.
FREEPORT IX
Duke Freeport Addition
Block A, Lot 4 (26.659 Acres)
Volume 2000092, Page 3739
Dallas County Deed Records
EXHIBIT "A"
F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 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 Centex Commercial Development
Corporation, Centex Homes, CTX Mortgage and Commerce Land Title, described as Vista Ridge Addition,
Block G, Part of Lot 3 (7.01 acres) and located at the southwest corner of S.H. 121 and MacArthur
Boulevard, Coppell, Texas.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:
AMT EST $
FIN. REVIEW:~
+X-BID $
CITY MANAGER REVIEW:
Document Name: SPHCCD.doc
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF 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 13th day of November,
2001, at 7:00 P.M., to consider designation of the property
described as Block G, part of Lot 3, Vista Ridge Addition
(7.01 acres), to be located at the southwest corner of S.H. 121 and
MacArthur Boulevard, Coppell, Texas, Centex Commercial Development
Corporation, Centex Homes, CTX Mortgage, and Commerce Land Title,
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 November 2, 2001
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF DENTON
BEING a 7.010 ac~ tract of land and being part cfa 25.93 acre tract of land situated in the C-G.
Woolsey Survey, Abstract No. 1402, the Thomas B. Garvin Survey, Abstract No. 506, the $.H.
Donald Survey Abstract No. 1696 and the W.M. Trimble Survey, Abstract No. 1268 in Dallas
County, Texas inclusive, and b~ing a part of Lot 3, Block G of Vista Ridge Addition, an addition
to the City of Coppell, Texas, as recorded in Cabinet F, Page 271 of the Plat Records of Denton
County (-P.R. De.C.T.), and being more particularly described as follows:
COMMENCING, at a 5/8-inch found iron md with a cap stamped "CARTER & BURGESS"
(hereinafter referred to as 'harith C&B cap") found at the northw~t~rly comer cfa comer clip at
the intersection on the southeasterly fight.of-way line of State Highway 121 (variable width
right-of-way) as dedicated by deed recorded in CC # 94-R0000002, (C.C.R. De.C.T) with the
westerly right-of-way line of MacArthur Boulevard (120 foot fight-of-way) same being the
northwesterly comer of the aforementioned 25.93 acre tract ofland, same being on a circular
curve to the left, having a radius of 3,804.72 feet whose chord bears South 61 degrees 29 minutes
11 seconds West, a distance of 1,176.93 feet;
THENCE in Southwesterly direction, continuing along said southerly right-of-way line, and said
northerly line of said 25.93 acre tract of land, and said common city limit, curving to the left,
through a central angle of 17 degre, e,,s 47 minutes 42 seconds, an arc distance of 1,181.68 feet to
a 5/8-inch found iron rod with C&B cap, said point being the point oftangeney of the
aforementioned curve.
THENCE South 52 degrees 35 minutes 20 seconds West, along said southerly right-of-way line,
same being the northerly line of said 25.93 acre tract of land, and said common city limit line, a
distance of 95.68 feet to THE POINT OF BEGINNING;
THENCE South 37 degrees 4a minutes 09 seconds East, d~parting said southerly right-of-way
a distance of 130.59 feet to a point for comer;
THENCE East a distance of 360.4Ifeet to a point for comer;
THENCE South a distance of 287.18 feet to a point for comer;
THENCE South 89 degrees 05 minutes 26 seconds East a distance of 101.18 feet to a point for
comer;
THENCE South 50 degrees 54 minutes 38 seconds East a distance of 68.37 feet to a point for
comer, said point being on the northerly right-of-way line of Forrest Hill Drive (50 foot right-of-
way) as dedicated by deed recorded in Volume 97215, Page 4852 of the Deed Records of Denton
County (D.R.De.C.T.) same being on a circular curve to the left, having a radius of 837.60 feet
and ~vhose chord bears South 51 degrees 09 minutes 09 seconds West, a distance of 49.67 feet;
THENCE in Southwesterly direction, continuing along said northerly fight-of-way line,, and
along said circular curve to the left, through a central angle of 03 degrees 23 minutes 54 seconds,
an arc distance of 49.68 feet to a 5/8-inch found iron rod with C&B cap for corner, said comer
being on said northerly right-of-way line of Forrest Hill Drive, also being on the common line of
the south line of said 25.93 acre tract of Iand and the North line of Vista of Coppell Phase lB
Addition as recorded in Volume 98043, Page 66 ('D.R.D.C.T.);
TI-IENCE North 89 degrees 05 minutes 26 seconds East, along said common line, a distance of
1,142.02 feet to a I/2-inch found iron rod for corner, said comer being on said southerly right-of-
way line of State Highway 121, same being the southwesterly comer of said 25.93 acre tract of
land, also being the common city limit line between the City of Lewisville, Texas and the City of
Coppell, Texas;
THENCE North 52 degrees 35 minutes 20 seconds East, along said southerly fight-of-way line
of said Stale Highway 121, same being the northerly line of said 25.93 acre tract of land, a
distance of 737.75 fcct ~ POINT OF BBGINNING and CONTAINING 305,366 square feet
or 7.010 acres of land more or lc,ss.
T H ~ C I 1' Y 0 F
C-OPP-EL£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION: Consider approval of an Ordinance designating the Centex Commercial Development
Corporation, Centex Homes, CTX Mortgage, and Commerce Land Title as Reinvestment Zone No. 37, and
authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT $
FINANCIAL COMMENTS:
AMT EST $
+k-BID
CITY MANAGER RE
Document Name: $CCD.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 37 (CENTEX COMMERCIAL
DEVELOPMENT CORPORATION); PROVIDING ELIGIBILITY OF THE
ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND
OF BENEFIT TO THE LAND AND TH'E CITY; PROVIDING A
SEVERABILITY 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 governing 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, THEREFORE, BE IT ORDAINED BY THE 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" a~tached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name "l~einvestment
Zone No. 37."
1 43818
SECTION 3. That the property within Reinvestment Zone No. 37 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 thereof, 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 __
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
~ ~-TTOKNEY
(PGS/ev/ttl 1 l/5/~t
LIBBY BALL, CITY SECRETARY
2 43818
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF DENTON
BEING a 7.010 acre tract of land and being part ora 25.93 acre tract of land situated in the C-G.
Woolsey Survey, Abstract No. 1402, the Thomas B. Garvin Survey, Abstract No. 506, the J.H.
Donald Survey Abstract No. 1696 and the W.M. Trimble Survey, Abstract No. 1268 in Dallas
County, Texas incIusive, and being a part of Lot 3, Block G of Vista Ridge Addition, an addition
to the City of Coppell, Texas, as recorded in Cabinet F, Page 271 of the Plat Records of Denton
County ('P.R. De.C.T.), and being more particularly described as follows:
COMMENCING, at a 5/8-inch found iron rod with a cap stamped "CARTER & BURGESS"
(hereinafter referred to as "with C&B cap") found at the northwesterly comer ora comer clip at
the intersection on the southeasterly fight-of-way line of State Highway 121 (variable width
fight-of-way) as dedicated by deed recorded in CC # 94-R0000002, (C.C.R. De.C.T) with the
westerly right-of-way line of MaeArthur Boulevard (120 foot right-of-way) same being the
northwesterly comer of the aforementioned 25.93 acre tract of land, same being on a circular
curve to the left, having a radius of 3,804.72 feet whose chord bears South 61 degrees 29 minutes
11 seconds West, a distance of 1,176.93 feet;
THENCE in Southwesterly direction, continuing along said southerly right-of-way line, and said
northerly Line of said 25.93 acre tract of land, and said common city limit, curving to the left,
through a central angle of 17 degrees 47 minutes 42 seconds, an arc distance of 1,181.68 feet to
a 5/8-inch found iron rod with C&B cap, said point being the point oftangeney of the
aforementioned curve.
THENCE South 52 degrees 35 minutes 20 seconds West, along said southerly right-of-way line,
same being the northerly line of said 25.93 acre tract of land, and said common city limit line, a
d/stance of 95.68 feet to THE POINT OF BEGINNING;
THENCE South 37 degrees 44 minutes 09 seconds East, departing said southerly right-of-way
a distance of 130.59 feet to a point for comer;
THENCE East a distance of 360.4Ifeet to a point for comer;
THENCE South a distance of 287. I8 feet to a point for comer;
THENCE South 89 degrees 05 minutes 26 seconds East a distance of 101.18 feet to a point for
coHler;
THENCE South 50 degrees 54 minutes 38 seconds East a d/stance of 68.37 feet to a point for
comer, said point being on the northerly right-of-way line of Forrost Hill Drive (50 foot right-of-
way) as dedicated by deed recorded in Volume 97215, Page 4852 of the Deed Records of Denton
County (D.R.De.C.T.) same being on a circular curve to the left, having a radius of 837.60 feet
and xvhose chord bears South 51 degrees 09 minutes 09 seconds West, a distance of 49.67 feet;
THENCE in Southwesterly direction, continu/ng along said northerly fight-of-way line, and
along said c/rcular curve to the left, through a central angle of 03 degrees 23 nfinutes 54 seconds,
an arc distance of 49.68 feet to a 5/8-inch found/ron rod with C&B cap for corner, sa/d comer
be/ng on said northerly right-of-way line of Forrest Hill Dr/ye, also being on the common line of
the south 1/ne of said 25.93 acre tract of land and the North 1/ne of Vista of Coppell Phase lB
Add/don as recorded in Volume 98043, Page 66 (D.R.D.C.T.);
T~CE North 89 degrees 05 m/nutes 26 seconds East, along said common line, a distance of
1,142.02 feet to a 1/2-inch found iron rod for comer, said comer being on said southerly fight-of-
way Ime of State Highway 121, same being the southwesterly comer of said 25.93 acre ~ract of
land, also being the common city limit line between the City of Lewisville, Texas and the City of
Coppell, Texas;
THENCE North 52 degrees 35 minutes 20 seconds East, along said southerly right-of-way hne
of said State Highway 121, same being the northerly line of said 25.93 acre tract of land, a
distance of 737.75 feet THE POINT OF BEGINNING and CONTAINING 305,366 square feet
or 7.010 acres of land more or less.
EXHIBIT
F
C OPP-EIJE AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ]
ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and Centex Commercial Development Corporation, Centex Homes, CTX Mortgage and
Commerce Land Title, 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 November 13, 2001.
BUDGET AMT. $
FINANCIAL COMMENTS:k)X'(
AMT. EST. $
+k-BID $
CITY MANAGER REVIE~
Document Name:
$CCDres.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 CENTEX COMMERCIAL
DEVELOPMENT CORPORATION, CENTEX HOMES, CTX MORTGAGE, &
COMMERCE LAND TITLE; 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 Coppell, Texas and Centex Commercial Development Corporation, Centex
Homes, CTX Mortgage, & Commerce Land Title, a copy of which is attached hereto and
incorporated herein by reference; and
WI~EREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and fmds 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 COUNCII~ OF THE CITY
OF COPPELL, TEXAS, TItAT:
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 opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include inventory
and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
1 43819
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 affirmative 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 aRer 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:
~ X-TTOKNEY
(PGS/ev ~0/10/0~/
LIBBY BALL, CITY SECRETARY
2 43819
STATE OF TEXAS §
COUNTY OF DALLAS §
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the "Agreement") is entered into by and among the City of
Coppell, Texas (the "City"), Centex Office Vista Ridge Coppell I, L.P. ("Owner"), Centex Homes
("Centex"), CTX Mortgage Company, LLC ("CTX") and Commerce Land Title, Inc.
("Commerce") (collectively referred to as "Lessees").
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an
Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 37 (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
WI~'~REAS, the City has adopted guidelines for tax abatement (the "Tax Abatement
Guidelines"); and
WI:IEREAS, 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
WltEREAS, 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
Wlt-EREAS, Owner owns the real property described in Exhibit "A" attached hereto
("Land") and has or intends to construct certain Improvements on the Land (hereina~er defined)
and to lease the Improvements to the Lessees; and
Wlt-EREAS, Lessees have or intend to enter into leases or subleases for occupancy of a
portion of the Improvements; and
WHEREAS, Owner's and Lessees' 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 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
CENTEX TAX ABATEMENT AGREEMENT- Page 1 43821
WItEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone
and to the City after expiration of this Agreement; and
Wlt-EREAS, 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
WHEREAS, the City desires to enter into an agreement with Owner and the Lessees 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 Land, which Land is located within the city limits of the
City and within the Zone. Owner intends to construct the Improvements on the Land and to lease a
portion of the same to Lessees. The Lessees have or intend to lease or sublease a portion of the
Improvements from Owner and locate Tangible Personal Property on the Premises.
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 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, excluding the Land, is at least Four Million Dollars ($4,000,000) as of
January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this
Agreement is in effect, the City hereby grants Owner an abatement of fifty percent (50%) of the
Taxable Value of the Improvements for a period of five (5) consecutive years and grants each
Lessee an abatement of fifty percent (50%) of the Taxable Value of the Tangible Personal Property
CENTEX TAX ABATEMENT AGREEMENT - Page 2 43821
for a period of five (5) consecutive years; provided however the abatement granted Owner for the
Improvements, and the abatement granted Lessees for the Tangible Personal Property shall be
increased to seventy-five percent (75%) for any year that this Agreement is in effect if the Taxable
Value of the Improvements is at least Five Million Five Hundred Thousand Dollars ($5,500,000) as
of January 1 of such year. 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. The actual percentage of
Taxable Value of the Tangible Personal Property subject to abatement will only apply to the
Tangible Personal Property added to the Premises after this Agreement is executed.
7. The period of tax abatement herein authorized shall be for a period of five (5) years.
8. During the period of tax abatement herein authorized, Owner and Lessees shall be
subject to all 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. "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. "Event of Bankruptcy or Insolvency" shall mean the dissolution or
termination of a party's existence as a going business, insolvency, appointment of
receiver for any part of a party's property and such appointment is not terminated within
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 such party, and such proceeding is not dismissed within
ninety (90) days after the filing thereof.
C. "First Year of Abatement" shall mean January 1 of the calendar year
immediately following the issuance of the last certificate of occupancy for the portion of the
Improvements leased or subleased by Lessees.
D. "Force Majeure" shall mean any contingency or cause beyond the reasonable
control of a party 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 such party), fires, explosions or floods, strikes,
slowdowns or work stoppages.
E. "Improvements" shall mean the contemplated improvements to be
constructed on the Land and as further described herein.
CENTEX TAX ABATEMENT AGREEMENT - Page 3 43~21
F. "Premises" shall collectively mean the Land and Improvements but
excluding Tangible Personal Property.
G. "Taxable Value" means the appraised value as certified by the Appraisal
District as of January 1 ora given year.
H. "Land" means the real property described in Exhibit A attached hereto and
incorporated herein for all purposes.
I. "Tangible Personal Property" shall mean tangible personal property,
equipment and fixtures owned by or leased by Lessees other than inventory or supplies
added to the Premises subsequent to the execution of this Agreement.
IMPROVEMENTS
10. Owner owns the Land and intends to construct or caused to be constructed thereon a
"flex" office building containing approximately 70,000 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) ("Improvements").
Lessees intend to lease and occupy the Improvements and locate Tangible Personal Property on the
Premises. Nothing in this Agreement shall obligate Owner to construct the Improvements on the
Land, and/or for Lessees to occupy the Improvements and locate Tangible Personal Property on the
Premises but said actions are a condition precedent to tax abatement pursuant to this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Owner will diligently and faithfully, in good and workmanlike manner, pursue the
completion of the contemplated Improvements on or before December 31, 2002, as good and
valuable consideration for this Agreement, and 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 and Lessees agree to maintain the Improvements during the term of this
Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner
and Lessees agree that the Improvements shall be used only as a "flex" office building 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/or Lessees as the case may be, and in accordance with Owner's and/or Lessees as the
case may be, 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).
CENTEX TAX ABATEMENT AGREEMENT- Page 4 43821
GENERAL REQUIREMENTS
14. Construction plans for the Improvements constructed on the Land 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 and Lessees shall each annually certify to the City
that it is in compliance with each term of the Agreement.
16. The Land 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 Premises, the benefit of the abatement
of real property 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.
18. Owner agrees to lease the Improvements to Lessees for a period of at least five (5)
consecutive years beginning the First Year of Abatement. Lessees each agree to lease and
continuously occupy the Improvements for a period of at least five (5) consecutive years beginning
the First Year of Abatement.
DEFAULT: RECAPTURE OF TAX REVENUE
19. In the event Owner and/or Lessees: (i) fail to complete the Improvements in
accordance with this Agreement or in accordance with applicable State or local laws, codes or
regulations; (ii) have delinquent ad valorem or sales taxes owed to the City (provided such party
retains its right to timely and properly protest such taxes or assessment); (iii) have any "Event of
Bankruptcy or Insolvency"; or (iv) breach any of the terms and conditions of this Agreement, then
such party, 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, the "Defaulting Party" shall,
within thirty (30) days after demand, pay to the City all taxes which otherwise would have been
paid to the City 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
difficuk to determine. The parties further agree that any abated tax, including interest as a result of
this Agreement, shall be recoverable against such party, 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 at, er termination.
20. Upon breach by Owner and/or Lessees of any obligations under this Agreement, the
City shall notify the "Defaulting Party" in writing, who shall have thirty (3 0) days from receipt of
CENTEX TAX ABATEMENT AGREEMENT - Page 5 43821
the notice in which m cure any such default. If the default cannot reasonably be cured within a
thirty (30) day period, and the "Defaulting Party" has diligently pursued such remedies as shall be
reasonably necessary to cure such default, then the City may extend the period in which the default
must be cured.
21. If the "Defaulting Party" 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 and Lessees.
22. 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 thirty (30) 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 and the Tangible Personal Property without tax
abatement for the years in which tax abatement hereunder was received by Owner and/or Lessees
with respect to the Improvements and the Tangible Personal Property as determined by the
Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax
Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes
and shall commence to accrue after expiration of the thirty (30) day payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION
23. It shall be the responsibility of the Owner and Lessees, 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 sims. A copy of the exemption application shall be
submitted m the City upon request.
SUCCESSORS AND ASSIGNS
24. This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and permitted
assigns. This Agreement may be assigned with the consent of the City Manager.
NOTICE
25. All notices required by this Agreement shall be addressed to the following, or 'other
such other party or address as either party designates in writing, by certified mail, postage prepaid,
or by hand or overnight delivery:
CENTEX TAX ABATEMENT AGREEMENT- Page 6 43821
If intended for Owner, to:
Attn: Dan Anderson
Centex Commercial Development
2728 N. Harwood, 3ra Floor
Dallas, Texas 75201
with a copy to:
Attn: General Counsel
Centex Development Company, L.P.
2728 N. Harwood, 3rd Floor
Dallas, Texas 75201
If intended for Lessees, to:
Attn: Controller
Centex Homes
Coppell, Texas 75019
with a copy to:
Attn: General Counsel - DFW
Centex Homes
2800 Surveyor Blvd.
Carrollton, Texas 75006
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
CENTEX TAX ABATEMENT AGREEMENT - Page 7 43821
CITY COUNCIL AUTHORIZATION
26. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
SEVERABILITY
27. 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
28. 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
30. 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.
CONVENANTS RUNNING WITH THE PREMISES
31. 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.
RECORDATION OF AGREEMENT
32. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
CENTEX TAX ABATEMENT AGREEMENT - Page 8 43821
INCORPORATION OF RECITALS
33. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXltlBITS
34. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
35. This Agreement and the Tax Abatement provided herein is conditioned on Owner
entering into a lease with Lessees for a portion of the Improvements, and Lessees entering into a
lease with Owner for the occupancy of the Improvements for a period of at least five (5) years
beginning the First Year of Abatement.
EXECUTED in duplicate originals this the __ day of
,2001.
CITY OF COPPELL, TEXAS
By:
CANDY SHEEHAN, MAYOR
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
AGREED AS TO FORM:
By:
PETER G. SMITH, CITY ATTORNEY
CENTEX TAX ABATEMENT AGREEMENT- Page 9 43821
EXECUTED in duplicate originals this the __ day of ,2001.
CENTEX OFFICE VISTA RIDGE COPPELL I,
L.P., a Delaware limited partnership
By:
Centex Office General Partner, LLC, a
Delaware limited liability company, its
general partner
By:
DAN ANDERSON, VICE PRESIDENT
EXECUTED in duplicate originals this the ~ day of ,2001.
CENTEX HOMES, a Nevada general partnership
By: Centex Real Estate Corporation, a Nevada
Corporation, its general partner
By:
Name:
Title:
EXECUTED in duplicate originals this the __ day of ,2001.
CTX MORTGAGE COMPANY, LLC, a Delaware
limited liability company
By:
Name:
Title:
CENTEX TAX ABATEMENT AGREEMENT- Page 1 0 4392~
EXECUTED in duplicate originals this the __ day of
COMMERCE LAND
corporation
,2001.
TITLE,
a Nevada
By:
Name:
Title:
CENTEX TAX ABATEMENT AGREEMENT- Page 11 43821
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
OWNER'S ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
2001, by Dan Anderson being the Vice President of Centex Office General Partner, LLC, a
Delaware limited liability company, its general partner of Centex Office Vista Ridge Coppell I,
L.P., a Delaware limited partnership, on behalf of said limited partnership.
Notary Public, State of
My Commission Expires:
CENTEX TAX ABATEMENT AGREEMENT - Page 12 43821
CENTEX HOMES' ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of
2001, by being the of Centex Real
Estate Corporation, a Nevada corporation, its general partner of Centex Homes, a Nevada
general partnership, on behalf of said limited partnership.
Notary Public, State of Texas
My Commission Expires:
CTX MORTGAGE'S ACKNOWLEDGMENT
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on the day of ~
2001, by being the of CTX Mortgage
Company, LLC, a Delaware limited liability company, on behalf of said limited partnership.
Notary Public, State of
My Commission Expires:
CENTEX TAX ABATEMENT AGREEMENT - Page 13 43821
COMMERCE LAND TITLE'S ACKNOWLEDGMENT
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on the
2001, by being the
Title, Inc., on behalf of said corporation.
day of
of Commerce Land
Notary Public, State of
My Commission Expires:
CENTEX TAX ABATEMENT AGREEMENT - Page 1 4 43821
OWNBR'S CERTH~ICATE
STATE OF TEXAS
COUNTY OF DENTON
BEING a 7.010 acre tract of land and being part of a 25.93 acre tract of land situated in the C.G.
Woolsey Survey, Abstract No. 1402, the Thomas B. Garvin Survey, Abstract No. 506, the $.H.
Donald Survey Abstract No. 1696 and the W.M. Trimble Survey, Abstract No. 1268 in Dallas
County, Texas incIusive, and being a pan of Lot 3, Block G of Vista Ridge Addition, an addition
to the City of Coppell, Texas, as recorded in Cabinet F, Page 271 of the Plat Records of Denton
County ('P.R.De.C.T.), and being more particularly described as follows:
COMMENCING, at a 5/8-inch found iron rod with a cap stamped "CARTER & BURGESS"
(hereinafter referred to as '5~rith C&B cap") found at the northwesterly comer ora comer clip at
the intersection on the southeasterly right-of-way line of State Highway 121 (variable width
fight-of-way) as dedicated by deed recorded in CC # 94-R0000002, (C.C.R.D¢.C.T) with the
westerly right-of-way line of MacArt_hur Boulevard (120 foot fight-of-way) same being the
northwesterly comer of the aforementioned 25.93 acre tract of land, same being on a circular
curve to the left, having a radius of 3,804.72 feet whose chord bears South 61 degrees 29 minutes
11 seconds West, a distance of 1,176.93 feet;
THENCE in Southwesterly direction, continuing along said southerly right-of-way line, and said
northerly line of said 25.93 acre tract of land, and said common city l/mit, curving to the letL
through a central angle of 17 degrees 47 minutes 42 seconds, an arc distance of 1,181.68 feet to
a 5/8-inch found iron rod with C&B cap, said point being the point oftangeney of the
aforementioned curve.
THENCE South 52 degrees 35 minutes 20 seconds West, along said southerly right-of-way line,
same beiug the northerly line of said 25.93 acre tract of land, and said common city limit line, a
distance of 95.68 feet to THE POINT OF BEGINNING;
THENCE South 37 degrees 44 minutes 09 seconds East, departing said southerly right-of-way
a distance of 130.59 feet to a point for comer;
THENCE East a distance of 360.4Ifeet to a point for comer;
THENCE South a distance of 287.1g feet to a point for comer;
THENCE South 89 degrees 05 minutes 26 seconds East a distance of 101.18 feet to a point for
comer;
THENCE South 50 degrees 54 minutes 38 seconds Ba~ a distance of 68.37 feet to a point for
comer, said point being on the northerly right-of-way line of Forrest Hill Drive (50 foot right-of-
way) as dedicated by deed recorded in Volume 97215, Page 4852 of the Deed Records of Denton
County (D.R.De.C.T.) same being on a circular curve to the left, having a radius of 837.60 feet
and xvhose chord bears South 51 degrees 09 minutes 09 seconds West, a distance of 49.67 feet;
THENCE in Southwesterly direction, continuing along said northerly right-of-way line,, and
along said circular curve to the lef[, through a central angle of 03 degrees 23 minutes 54 seconds,
an arc distance of 49.68 feet to a 5/8-inch found iron rod with C&B cap for comer, said comer
being on said northerly fight-of-way line of Forrest Hill Drive, also being on the common line of
the south line of said 25.93 acre tract of Iand and the North line of Vista of Coppell Phase lB
Addition as rex~rded in Volume 98043, Page 66 (D.R.D.C.T.);
THENCE North 89 degrees 05 minutes 26 seconds East, along said common line, a distance of
1,142.02 feet to a 1/2-tach found iron rod for comer, said comer being on said southerly right-of-
way line of State Highway 121, same being the southwesterly comer of said 25.93 acre tract of
land, also being the common city limit line between the City of Lewisville, Texas and the City of
Coppell, Texas;
THENCE North 52 degrees 35 minutes 20 seconds East, along said southerly right-of-way line
of said State Highway 121, same being the northerly line of said 25.93 acre tract of land, a
distance of 737.75 feet THE POINT OF BEGINNING and CONTAINING 305,366 square feet
or 7.010 acres of land more or less.
F
C OPP LL AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # _~~
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1194, Frost Bites, zoning change request from PD-178R (Planned
Development-178R) to PD-178R-S.U.P-1194 (PD178R, Special Use Perrnit-1194), to allow the operation of
an Italian ice cream shop to be located in the Town Center West Retail Center at 171 N. Denton Tap Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: October 18, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Dragon,
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 7 a.m. to 12 midnight, seven
days a week.
McGahey,
Staff recommends approval.
DIR. INITIALS: - '~,,d~i FIN. REVIEW:
Agenda Request Form - Revise 00
CITY MANAGER REVIE
~S 1194lb
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO: S-1194 Frost Bites
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
October 18, 2001
November 13, 2001
Maxcie Diamond, Assistant Planning Director
In the Town Center West Retail Center at 171 N. Denton Tap
Road.
SIZE OF AREA:
Approximately 1,405 square feet.
CURRENT ZONING: PD- 178R (Planned Development-178 Revised)
REQUEST:
PD- 178R-S- 1194 (Planned Development- 178R, Special Use Permit-
1194)
APPLICANT:
HISTORY:
John Plohetski
825 Greenway Drive
Coppell, Texas 75019
972-462-8276
FAX: 972-466-1303
This property was rezoned from "C" Commercial to Conceptual Plan
Development District (PD 178) for commercial uses. In March
2000, the City Council approved detail plans for this property. The
eastern 1.8 acres was proposed for retail/medical/restaurant uses, and
the western 2.7 acres for a day care building and a child development
facility.
On January 9, 2001, City Council approved S-1183 for Quizno's
Restaurant and S-1182 to allow for the construction of a coffee
house in this shopping center. Revised signage for CC's Coffee
House was approved in May of this year. The current request is
located between these two restaurants.
Page 1 of 3
Item# 6
On September 18, 2001, City Council approved S-1190, for Green
Pepper restaurant to be located at the northern end of this shopping
center.
TRANSPORTATION:
Denton Tap Road is a P6D, six-lane divided thoroughfare, with 37
feet of paving in each direction, contained within 110-120 feet of
fight-of-way. Town Center Blvd. West is a 27-foot wide local street
allowing access to the Coppell High School property.
SURROUNDING LAND USE & ZONING:
North- single family development; PD-129, SF-9
South - undeveloped; C (Commercial)
East - Comefica Bank; TC (Town Center)
West - single family development; SF-12
COMPREHENSIVE PLAN:
DISCUSSION:
The Comprehensive Plan shows the property as suitable for
retail and commercial uses.
The applicant desires to operate an Italian ice cream shop in
the Market at Town Center Retail Center. This store will be
located between CC's Coffee and Quizno's sandwich shop
and will occupy the last lease space in this building. Given
the mix of uses occupying this building, (including over 50%
restaurant), there is sufficient parking on this property.
This ice cream shop will occupy 1,405 square feet and will
seat 30 inside and 8 outdoors. Operational hours will be
7 a.m. to 12 midnight, seven days a week. The food service
will include fat free Italian ice, gelato, soft-serve ice cream,
drinks and other products such as pre-packaged cookies and
pastries.
Signage permitted is based on the number of front facades, as
well as their linear frontage. This restaurant will have 17
feet, 7 inches of frontage on Denton Tap, therefore, the
maximum square footage of attached signs is 17'-7". Per the
signage criteria approved with PD-178, all lettering will be
ivory channel letters with bronze trim cap and returns. The
proposed sign will be 16.75 square feet in size, with the
words "Frost Bites" along the Denton Tap frontage.
Page 2 of 3
Item# 6
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1194 for Frost Bites, subject to the
following conditions:
1) The hours of operation being limited to 7 a.m. to 12 midnight, 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)
Site Plan
Floor Plan
Elevations
Sign Elevations
Sign Details
Page 3 of 3
Item # 6
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T H E C I T Y 0 F
COPP-EL£ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-108R2.1, The Reserve, zoning change request from PD-108R2 (Planned
Development-108R2) to PD-108R2.1 (Planned Development-108R2.1) to relocate a 6' high masonry wall
from 10' to 5' from the west property line on a 13,700 square-foot lot located at the southeast comer of Park
Road and Benson Lane (283 Benson Lane).
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: October 18, 2001
Decision of P&Z Commission: Denied (7-0) with Commissioners Dragon, McGahey, Kittrell, McCaffrey,
Clark, Halsey and Stewart voting in favor of denial. None opposed.
Please see the applicant's letter of appeal dated October 23, 2001.
Staff recommends denial.
A ~A VOTE OF COUNCIL IS NEEDED TO OVERRULE THE COMMISSION'S RECOMMENDATION.
Agenda Request t~'orm - evised 5/00
CITY MANAGER RE
~PD108R2
October 23, 2001
Ms. Marcie Diamond
Assistant Director of Planning and Community Services
The City of Coppell
255 Parkway
P.O. Box 478
Coppell, TX 75019
Re: PD-108R2.L The Reserve
Dear Ms. Diamond:
We would like to appeal the Planning and Zoning decision about our request to relocate
the 6' high masonry wall from 10' to 5' fi'om the west property line on a 13,700 square-
foot lot located at the southeast comer of Park Road and Benson Lane with the City
Council on November 13th.
Sincerely,
Roger S. Keller
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-108R2.1 The Reserve
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
October 18, 2001
November 13, 2001
Marcie Diamond, Assistant Planning Director
At the southeast comer of Park Road and Benson Lane (283 Benson
Lane).
SIZE OF AREA:
An approximate 13,700 square-foot lot.
CURRENT ZONING:
PD- 108R2 (Planned Development- 108R2)
REQUEST:
PD-108R2.1 (Planned Development-108R2.1) to relocate a 6'high
masonry wall from 10' to 5' from the west property line.
APPLICANT:
Roger and Agatha Kellett
620 N. Coppell Road # 4206
Coppell, Texas 75019
972-471-7676
FAX: 972-745-7933
HISTORY:
In 1998 City Council approved a change in zoning from Light
Industrial to Planned Development District 108R2 to permit the
development of 23 residential lots on 9.71 acres of property, known
as The Reserve. This property was subsequently platted as The
Reserve Addition.
Page 1 of 3
Item # 8
TRANSPORTATION:
Bethel Road and Park Road are two-lane undivided asphalt roads
with out curb and gutter in 50' wide fights-of-way. Bethel Road is
designated as a C2U, a collector street within 50 feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North - vacant single family lot; PD 108R2 SF-9
South - vacant single family lot; PD 108R2 SF-9
East - single family home; PD 108R2 SF-9
West - single family home and barn, and undeveloped land; PD LI-108
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
medium density residential use.
DISCUSSION:
The subject property is a house under construction at the southeast comer
of Benson Lane and Park Road. This request is to permit an 88-foot
section of an existing 237 foot long masonry wall to be relocated from 10
feet to 5 feet from Park Road. This would to allow for the placement of
air conditioning units within the platted 15-foot "building line,
wall/maintenance, landscape easement" adjacent to the west side of the
house. This existing 6-foot masonry wall is a HOA maintained wall,
which is built along Park and Bethel Roads. As illustrated in the
attachments, portions of this wall are within a separately platted HOA lot,
and other portions are within an easement, on private property. This
particular portion of the fence is on private property within this 15-foot
easement.
When PD-108R2 was established, this 15-foot "building line,
wail/maintenance, landscape easement" and common area lots were
established to provide for an aesthetic streetscape along Bethel and Park
Roads. Park Road is the sole entry street to Grapevine Springs Park. The
relocation of this wall will encroach into the open space envisioned for
this area.
This request, in essence, is a request for a fence variance. However, given
that the location and elevation of this fence was specified through the
zoning and platting process, an amendment to the PD is required. In
determining the merits of this rezoning request, the same criteria as would
be required for a variance from the Board of Adjustment needs to be
utilized. The Board requires that a property hardship be demonstrated.
Staff has determined that there is no apparent property hardship. This is a
standard-sized lot, the proposed home exceeds the minimum house size
required by zoning by almost 2,000 square feet, the residence is just now
under construction and the air conditioning units could be easily relocated
Page 2 of 3
Item# 8
at this time, and there does not appear to be any other site-related
mitigating factors. Therefore, staff cannot support this request.
Staff is also concerned that the relocation of this wall closer'to the street
will potentially result in the loss of the existing trees along this easement.
The applicant has included a condition that the new wall will be moved no
closer than 1' 6" from the existing cedar elm trees, in an attempt to
preserve the existing trees. In similar circumstances where walls have
come within 18 inches of existing trees, they died. In the event that this
wall does cause the loss of the trees, then it will be the responsibility of the
HOA to replace them.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Due to lack of property hardship and the negative impact the granting of this request
will have on the streetscape of Park Road, staff is recommending DENIAL of the
amendment to PD- 1082.1.
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)
Site Plan
Letter from President of the Reserve Homeowner's Association
Portion of the Final Plat for The Reserve
Landscape Plan with location of wall and easement approved with the Final Plan
for the Reserve
Wall Detail L2.02
Page 3 of 3
Item # 8
10- 3-01; 4:50PM;MOLMES BU[LgERS INC. ;972 242 2931
October 3,2001
Roger and Agatha Keller
1044 Basilwood Drive
Coppell, TX 75019
Dear Roger and Agatha,
This letter is for the purpose granting your request to move the development wall on the west
side of your property at 293 Penson Lane in Coppell. The wall can be moved with three
provisions.
1. The wall can be moved no more than five (5) feet.
2. The wall can be moved no closer than one foot six inches (1'4") to the existing
cedar elm trees.
3. The new wall shall be rebuilt to the same standards as the existing wall.
Terry Holmes
President
The Reserve Home Owners Association
10- 3-01; 4:50PM;HOLMES BUILDERS INC. ;972 242 2931 # 2/ 2
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T H E: C I T Y0 F
COPPELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. PD-194, AmberPoint Business Park, zoning change request from LI (Light
Industrial) to PD-194-LI (Planned Development-194, Light Industrial) to allow for an office/warehouse
business park on approximately 110 acres of property located along the south side of Sandy Lake Road;
between Royal Lane and State Road, and to consider a Detail Site Plan for a portion of Lot 1, Block A, to
allow the development of a 308,000 square-foot building on a 15.11 acre portion ora 36.15 acre tract therein.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: October 18, 2001
Decision ofP&ZCommission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Dragon, McGahey, Kittrell,
Approval is recommended, subject to the following conditions:
1)
(CONDITION MET)
3)
5)
FIN. REVIEW:
PLEASE SEE FOLLOWING PAGE FOR coNTINUED CONDITIONS.
CITY MANAGER RE~
~PD 194AP
PD-194, AmberPoint Business Park (CONTINUED CONDITIONS)
'~..;~S~, +1~ l~,:~'k+ ~g+l~ k .... '1.~+,. ..... %T~..a-l~.:~+ ~ ..... .-i
^**~- ~^~'~:-"-/~-~: ...... (CONDITION MET)
7)
Provide
made as
a note on the plan indicating that the following requests are being
a result of the Planned Development:
...... (CONDITION MET)
OC~.,ilr ~" +1~ ..~
"f~,~ "T'.~ 'I~.4',:+;~+;~ Ol~.~ $11~'~'
years . ....
Oczupaney. (CONDITION MET)
(CONDITION MET)
(CONDITION MET)
The detention pond located on Lot 2 shall be permitted to serve both
Lots 1 & 2.
Monmnent 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.
PLEASE SEE FOLLOWING PAGE FOR CONTINUED CONDITIONS.
PD-194, AmberPoint Business Park (CONTINUED CONDITIONS)
(CONDITION MET)
beige. (CONDITION MET)
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: AmberPoint Business Park
PD-194 Detail Site Plan for Buildin 1
P & Z HEARING DATE:
C.C. HEARING DATES:
STAFF REP.:
LOCATION:
October 18, 2001
November 13, 2001
Andrea Roy, City Planner
Along the south side of Sandy Lake Road, between Royal Lane and
State Road.
SIZE OF AREA:
Approximately 110 acres of property.
CURRENT ZONING:
LI (Light Industrial)
REQUEST:
APPLICANT:
Planned Development approval for AmberPoint Business Park and
Detailed Site Plan approval for Building 1, a 308,000 square-foot
building on a 15.11 acre portion of a 36.14 acre tract
Applicant:
APBP, LLC
c/o AmberJack, Ltd.
Tmnswestem Commercial Services
5001 Spring Valley Road
Suite 600W
Dallas, TX 75244
972-774-2544
FAX: 972-991-4247
Engineer:
HalffAssociates
8616 Northwest Plaza Dr.
Dallas, TX 75225
214-346-6200
FAX: 214-739-0095
Architect:
O'Brien & Associates
5310 Harvest Hill Road, Suite 136
Dallas, TX 75230
972-788-1010
FAX: 972-788-4828
Landscape Architect:
David C. Baldwin
5744 Richmond Ave.
Dallas, TX 75206
214-821-8100
FAX: 214-824-5562
Page 1 of 8
Item # 10
HISTORY: There is no platting history on the subject properties.
TRANSPORTATION:
Royal Lane is a C4D/6 four-lane divided thoroughfare in a right-of-
way containing 110 feet of dedication (adequate for six-lane divided
thoroughfare). Sandy Lake is an existing 2-lane roadway. The
Thoroughfare Plan shows Sandy Lake Road as a CAD/6 four-lane
divided thoroughfare in a right-of-way containing 110' of dedication
(adequate for six-lane divided thoroughfare). State Road is an
existing 2-lane roadway. The Thoroughfare Plan shows State Road
within the alignment for the connection of Freeport Parkway from its
recently constructed terminus at Ruby Road to its newest segment
northwest of State Highway 121, at the entrance to DFW Trade
Center. The standards for this future Freeport Parkway connection
are a 120' wide right-of-way containing a C4D/6 4-lane divided
collector street capable of expansion to 6 lanes.
SURROUNDING LAND USE & ZONING:
North- vacant, "LI" Light Industrial
South - Wagon Wheel Park, "LF' Light Industrial
East- vacant, "R" Retail, "PD-109-SF9" Single Family (Oak Bend
Addition), and "LI" Light Industrial
West - vacant, existing warehouse (Four Seasons), "LI" Light Industrial
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION:
The applicant is requesting a zoning change from "LI" Light Industrial to
"PD-194-LI" Planned Development-194-Light Industrial. The proposed
request will allow the development of a master planned business park,
known as AmberPoint Business Park. While the request for the Planned
Development surrounds the entire 110-acre development, a detailed site
plan has been provided for Building 1 of the development. A preliminary
plat request has been submitted in conjunction with the Planned
Development request, which will allow for the subdivision of the 110
acres into two lots (Lots 1 & 2, Block A, AmberPoint Business Park) and
the extension of Northpoint Drive from Royal Lane, through the project,
to Sandy Lake Road.
The concept plan indicates that the project, once fully developed, will
contain approximately 6 buildings, totaling approximately 1,775,600
square feet, served by an 8.6-acre detention pond in the southeast comer
of the site (adjacent to Wagon Wheel Park and State Road). The following
Page 2 of 8
Item# 10
variations to the Zoning Ordinance are being requested as part of the
Planned Development:
· Multiple monument signs, including entry features at Royal
Lane and Sandy Lake,
· Variances to the Tree Mitigation requirements,
· Variances to the Perimeter Landscape Requirements:
-To omit the planting of trees in the required Perimeter
landscape area over an easement,
-To omit the planting of trees in the required Perimeter
landscape area, due to phasing of the project,
-To provide off-site landscaping, across from the subject
site,
-To omit the provision of landscape islands (with a tree)
within the truck courts,
· Variances to the screening requirements to provide a living
screen in lieu of a wall, and
· Placement of an off-site detention pond to serve both Lots 1 &
2.
Building 1
The applicant is currently proposing to develop a 308,000 square-foot
speculative office/warehouse building located on the southern 15.11 acres
of Lot 1. The division of uses within the building is proposed to be 2.20%
office (6,776-sq. ft.) and 97.80% warehouse (301,244-sq. ft.). The level of
parking provided (323 spaces) to serve the designated office and
warehouse square-footage within the building is in full compliance;
however, if additional office space is needed, parking may become
deficient. While this is a staff concern, it is one that would be addressed if
a particular tenant requires more office space. This could be remedied by
utilizing the adjacent available land for parking. The track courts located
on both the noah and south ends of the building each contain
approximately 24-30 dock doors and are proposed to be screened on four
sides by a 6' high screening wall. Staff has recommended that the
screening wall be increased to a minimum height of 12' to adequately
screen the loading areas from view. The truck court located on the south
end of the building will face Northpoint Drive and is proposed to be
screened by a combination of a 3' high berm and a 3' high hedge to make
a 6' high living screen. While staff supports this design, it is
recommended that the height of the berm be increased to 4' in height, as
there is adequate land area in this location to expand the berm. Each of the
four access points onto Northpoint Drive provide a landscape feature on
either side of the entrance, containing Crape Myrtles, Asian Jasmine, and
Compact Nandinas.
Page 3 of 8
Item# 10
The architecture of the proposed warehouse/office facility will be two-
toned (gray/beige) painted tilt wall construction with gray tinted windows
and silver mullions. The building measures 34' in height and 39' in height
at the entry doorways. Enhanced entrances are placed at the comers of the
building, containing a bumped-out wall and a metal canopy, providing
some depth to the exterior. The applicant has provided three alternative
building materials for the entrances, giving the applicant and future
tenants the flexibility in choosing a preferred material. The alternative
materials are stone, tilt-wall, or metal panels. At the request of staff, the
applicant has slightly revised the elevations to provide additional reveals
and a variation in the height of the building.
One sixty square-foot monument sign is proposed to be located along the
Northpoint frontage. It is anticipated that individual tenants will place
attached wall signs on the building in corresponding locations. Additional
comments regarding sign,age are provided within the signage discussion
below.
As noted above, variations to the l_andscape requirements have been
requested by the applicant, due to a variety of circumstances. Bemuse
Building 1 will be constructed on only a portion of Lot 1, there are no tree
perimeter property lines immediately to the north of the building or partially
to the west, where typically a 10' landscape buffer containing a row of trees
would exist. To remedy this, the applicant has shown the large number of
existing trees to the north, providing a dense screen, until Phase 2 is
completed. The applicant has provided a 3' high berm along the west
property line and perimeter of the phase and continued the berm and tree line
along Northpoint Drive extension to provide an adequate screen in this area.
The 3' high berm along the west property line contains a 3' high screening
hedge, instead of the required overstory trees. This has been designed to
eliminate any conflicts between a 30' wide utility easement in this location.
Because the project falls under a Planned Development, there is flexibihty in
the landscaping requirement, particularly where the planting of trees may
cause a future conflict and additional trees have been provided in alternate
locations.
Detention Pond
An 8.6-acre detention pond is proposed to be located in the southeast
comer of the site, adjacent to Wagon Wheel Park and State Road. The
detention pond is partially located within the floodplain, also containing a
large number of trees. According to the plan, the majority of trees will be
preserved and approximately 23 Bald Cypress trees will be planted around
the rim of the detention pond, which will be hydromulched. The detention
pond will be constructed and improved in conjunction with the
construction of Building 1. A tree line exists between the edge of the
Page 4 of 8
Item it 10
proposed detention pond and State Road; however, the applicant has
chosen to further enhance this area by providing a row of 15 Oak trees.
Tree Reparation and Landscape Plans
As shown on the submitted tree survey, the subject site contains a number
of trees of varying sizes and species. Because many of those trees are
located on Lot 1, the applicant has asked that the cost of the mitigation be
spread out over the period of the development of the project. Further, in an
attempt to offset the impact of the mitigation, the applicant has proposed
to install 6" caliper trees in lieu of 3" caliper trees. The applicant has also
provided a berm and row of 27 trees along the south border of Northpoint
Drive, which is beyond that required. It is staff's understanding that the
applicant and the City's Landscape Manager have begun discussions
regarding these options. While staff is confident that an agreement can be
worked out, a condition has been included to ensure that an acceptable
tree mitigation plan is completed prior to development of the site.
Sign Request
The request to vary signage requirements is similar in nature to the request
recently made by the Duke-Freeport Addition; however, there is one
significant difference between the two requests- each building will be
located on it's own lot within the Duke-Freeport Addition and only two
separate lots are planned for the subject project. Because only two lots are
proposed (the buildings will be constructed by phases), the permitted
number of monument signs in accordance with the Zoning Ordinance
dramatically decreases.
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 only be permitted four 60-sq.-ft. monument
signs for a total of 240-square-feet of signs. However, if the lots were
subdivided at the phase lines, the allowable sign area would increase to
460 squore feet.
The applicant is requesting to place five 60-sq.-f~. signs at five buildings,
two 60-sq.-ft. signs serving a large comer lot building, and two-60-sq.-f~.
business park entry signs at the north and south ends of Northpoint Drive,
totaling 540-square-feet. Staff has recommended that the applicant
relocate the business park entry sign at the south end of Northpoint Drive,
as it conflicts with the proposed landscape berm and overstory trees. Our
Page 5 of 8
Item # 10
conditional approval requests that ground level landscaping be provided at
the base of both entry signs.
Building Monument Signs Permitted Monument Signs Requested
1 One 60-sq.-fi. entry sign
Two 60-sq.-fi. signs One 60-sq.-fi. building sign
2 Two 60-sq.-ft. building signs
3 Two 60-sq.-ft. signs One 60-sq.-fi. building sign
4 One 60-sq.-R. building sign
One 60-sq.-fL building signs
5 One 60-sq.-R. entry sign
6 One 60-sq.-ft. building sign
Seven 60-sq.-ft. building signs
Totals Four 60-sq.-ft. building signs Two 60-sq.-ft. entl3', signs
240-sq. ft. of signs 540-sq. ft. of signs
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, fonts, etc. This sign plan also regulates the
placement of the signs, in that they will be limited to Northpoint Drive
and Sandy Lake Road only, with no signs on State Road. A condition
addressing the proposed placement of the monument signs has been added
to this Planned Development.
Staff's only concern relates to upkeep and maintenance of the individual
building signs, as tenants change, so would the sign, and over time this
could be a problem. Staff would like to reiterate that compliance with
Section 29-3.6 (Obsolete Signs) of the Zoning Ordinance must be
observed and will be enforced, which states that if a business has vacated
the premises, the sign copy must be removed within 30 days and if
necessary, should be painted over to not allow the prior sign message to be
visible.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Planned Development request, subject to
the following conditions:
1)
Eliminate sheet A2.2 from the submittal. Sheet A2.2S provides all necessary
information for the concept plan.
2) Eliminate Irrigation Plans (Sheets L2.1 & L2.2) from the submittal.
Page 6 of 8
Item # 10
3)
4)
5)
6)
7)
Remove notations under Monument Sign A (Sheet A2.2S), indicating the
number, size, and height signs permitted. This does not correspond to the
requirements of the Zoning Ordinance. Further, indicate on the plan, which
signs will be constructed as part of the initial construction.
Relocate the business park entry sign at the south end of Northpoint Drive
and provide some ground level landscaping at the base of both entry signs.
Increase the height of the proposed screen walls on both sides of the north
and south truck courts to measure a minimum of 12' in height.
Revise Landscape Plan in the following manner:
-Ensure that all tabulations are correct, stall'has calculated slightly
different mounts than what is noted on the plan,
-Provide the number of proposed off-site trees in the Table,
-More clearly indicate where the 10 existing trees are located that are
included in the Non-Vehicular landscaping calculations,
-Revise the height of the berm between Northpoint Drive and the
south truck court to measure 4' high.
-Provide two landscape islands (with trees) against the building,
serving the 8 passenger vehicle spaces located in the middle of the
north loading/service area.
Provide a note on the.plan indicating that the following requests are being
made as a result of the Planned Development:
· A tree mitigation plan shall be submitted and reviewed to the
satisfaction of the Leisure Services Department, in compliance
with Section 34 Division 2, (Tree Preservation Requirements) of
the Zoning Ordinance, with an option to extend the length of time
to complete reparation. This shall be done before development is
permitted to occur on the property.
· The Perimeter Landscape Requirements shall be varied to:
- omit the planting of trees in the required Perimeter
landscape area over an easement,
- omit the planting of trees in the required Perimeter
landscape area, due to phasing of the project,
-provide off-site landscaping, across from the subject
site,
-not require landscape islands (with a tree) within the
truck courts,
· The screening requirements shall be varied to allow the
provision of a living screen in lieu of a wall, to block the
loading/service area from view.
· The detention pond located on Lot 2 shall be permitted to serve
both Lots 1 & 2.
Page 7 of 8
Item # 10
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
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Recommend hold under advisement
ATTACHMENTS:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
Letter to John Elias dated 10-94)1
Staff Comments
Site Plan (Sheet A2.1)
Concept Plan (Sheet A2.2) To Be Removed
Concept Plan (Sheet A2.2S)
Elevations (Sheet AS.l)
Landscape Plan (L 1.1)
Landscape Details & Tabulations (Sheet L1.2)
Existing Tree Plan-Building 1 (Sheet L1.3)
Lot 1, Phase 1 Tree Survey & Mitigation (Sheet L1.4)
Detention Pond Tree Survey & Mitigation (Sheet RPI.1)
Irrigation Plan (Sheet L2.1) To Be Removed
Irrigation Details (Sheet L2.2) To Be Removed
Page 8 of 8
Item # 10
TRANSWESTERN
October 9, 2001
5001 Spdng Valley Road
Suite 600W
Dallas, TX 75244
Phone: 972.774.2500
Fax: 972.991.4247
www,transwestern.net
Mr. John Elias
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Re~
AmberPoint Business Park at Coppell
Planned Development 194 - LI
Tree Mitigation
Dear John,
As we discussed this morning, the initial Transwestem Building One (308,000 sf) shown in our
present Site Plan package is approximately 249 caliper inches short in mitigating the existing
trees. After Chris Russell's (Baldwin Landscape) review with you last Friday, we have increased
the caliper of trees on our Building One site plan to 6", and have also provided a line of 27 - 6"
trees along the south border of Northpoint Drive as an added improvement which was not
requested. We have included in our calculations 915 caliper inches of preserved trees on both
Lots 1 & 2 where we can take credit against 1557 caliper inches we are actually preserving.
Transwestem is asking for relief in meeting this full mitigation for the following reasons:
Transwestern has worked with City Staff to realign the path of NorthPoint Drive to save a
mature set of hardwoods for the benefit of the city park land, which also increased the
ROW dedication from our development. Transwestern is only getting a 38% caliper inch
credit for this cooperative agreement with the City.
Our initial Building One (308,000 sf) has a heavier concentration of trees than the
balance of the overall planned 1,900,000 sf development. Except for one other building
site which may require further mitigation, the balance of the development will not be
faced with major tree mitigation issues. We are requesting that you allow Transwestem
to mitigate the 249 caliper inch shortfall that exists on the Building One site as we
develop the balance of land over the next 5 to 7 years.
There are additional existing trees that were not recorded in the tree survey that can be
saved to make up an additional preservation total. We will be identifying these trees in
the next few days and would like to meet soon to discuss a final plan for presentation to
the P & Z Commission.
Your Partner Of Choice.
We will be happy to meet with your staff to discuss this issue prior to the Planning and Zoning
heating in order to have your recommendation for Approval of our Development Plan.
Sincerely,
Tt ANSWESTERN COMMERCIAL SERVICES
J~ nes L. Gaspard
ce President
~Development Services
CCi
Andrea Roy- City of Coppell
Gary Sieb- City of Coppell
Henry Knapek- Transwestern Commercial Services
DE VEL OPMENT RE VIE W COMMITTEE
FIRE PREVENTION COMMENTS
ITEM:
AMBERPOINT BUSINESS PARK, LOT 1 BLK A
DRC DATE: SEPTEMBER 27, 2001
CONTACT: TRA VIS CR UMP, FIRE MARSHAL. (972) 304-3503
COMMENT STATUS:
PRELIMINARY
All portions of the structure are to be within 150 feet from a fire lane. All fire lanes to be 6" concrete on
a lime stabilized base.
2. Minimum inside radius on fire lanes is 30 feet. Minimum outside radius is 54 feet.
On-site fire hydrants are required.
i
4. This structure will be required to be equipped with an automatic fire sprinkler system.
DEVELOPMENT RE~ CO~E
PARKS AND LEISURE SERVICES
ITEM: Amber Point Business Park~ Site Plan. and Preliminary
DRC DATE: September 27, 2001 and October ~, 2001
OCT -4 ~
CONTACT: John Elias, Landscape Manger
1) Need a 20' hike & bike trail easement along State Road, needs to be shown on the
Final Plat.
2) Need an easement at S.W. comer of property, to allow for entrance into Wagon
wheel Park off of Northpoint Drive.
4) ~Need to discuss tree mitigation, calculations on plans are not correct.
092701amberpoint
F
COPPEIJL AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # __~~
ITEM CAPTION:
Consider approval of the AmberPoint Business Park, Lots 1 & 2, Block A, & Northpoint Drive Extension,
Preliminary Plat, to allow the extension of Northpoint Drive and the development of an office/warehouse
business park on approximately 110 acres of property, located along the south side of Sandy Lake Road;
between Royal Lane and State Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: October 18, 2001
Decision of P&Z Commission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Dragon,
McGahey,
Approval is
1)
recommended, subject to the following conditions:
(CONDITION MET)
2)
(CONDITION MET)
3)
(CONDITION MET)
Kittrell,
Staff recommends approval.
DIR. INITIALS:
FIN.
REVIEW:
I,
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
~APpp
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: AmberPoint Business Park~ Lots 1 & 2~ Block A
and Northpoint Drive Extension~ Preliminary, Plat
P & Z HEARING DATE:
C.C. HEARING DATE:
STAFF REP.:
LOCATION:
October 18, 2001
November 13, 2001
Andrea Roy, City Planner
Along the south side of Sandy Lake Road, between Royal Lane and
State Road.
SIZE OF AREA:
Approximately 110 acres of property.
CURRENT ZONING:
LI (Light Industrial)
REQUEST:
APPLICANT:
Preliminary Plat approval of both the developmem of a business park
and the extension of Northpoint Drive, Lot 1 containing 36.14 acres,
Lot 2 containing 64.30 acres.
Applicant:
APBP, LLC
c/o AmberJack, Ltd.
Tmnswestem Commercial Services
5001 Spring Valley Road
Suite 600W
Dallas, TX 75244
972-774-2544
FAX: 972-991-4247
Engineer:
HalffAssociates
8616 Northwest Plaza Dr.
Dallas, TX 75225
214-346-6200
FAX: 214-739-0095
HISTORY:
TRANSPORTATION:
Page 1 of 3
There is no platting history on the subject properties.
Royal Lane is a C4D/6 four-lane divided thoroughfare in a right-of-
way containing 110 feet of dedication (adequate for six-lane divided
thoroughfare). Sandy Lake is an existing 2-lane roadway. The
Thoroughfare Plan shows Sandy Lake Road as a C4D/6 four-lane
divided thoroughfare in a fight-of-way containing 110' of dedication
Item# 11
(adequate for six-lane divided thoroughfare). State Road is an
existing 2-lane roadway. The Thoroughfare Plan shows State Road
within the alignment for the connection of Freeport Parkway from its
recently constructed terminus at Ruby Road to its neWest segment
northWest of State Highway 121, at the entrance to DFW Trade
Center. The standards for this future Freeport Parkway connection
are a 120' wide right-of-way containing a C4D/6 4-1ane divided
collector street capable of expansion to 6 lanes.
SURROUNDING LAND USE & ZONING:
North - vacant, "LF' Light Industrial
South - Wagon Wheel Park, "LI" Light Industrial
East- vacant, "R" Retail, "PD-109-SF9" Single Family (Oak
Addition), and "LI" Light Industrial
West - vacant, existing warehouse (Four Seasons), "LI" Light Industrial
Bend
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION:
The applicant is requesting preliminary plat approval for Lots 1 and 2,
Block A, AmberPoint Business Park and the extension of Northpoint
Drive, subdividing approximately 108.90 acres of property into two
separate lots on either side of the Northpoint Drive extension. The plat
will lay the framework for the corresponding Planned Development (PD-
194-LI) request, allowing the first speculative building to be constructed
within Phase I. The proposed plat will establish all necessary easements
and fire lanes, partictflarly dedicating the appropriate amount of right-of-
way along both Sandy Lake and State Roads. The subject plat will also
allow for the dedication of right-of-way for the extension of Northpoint
Drive from Royal Lane to Sandy Lake Road, running through the
AmberPoint project. Additionally, the applicant has shown a dedication
of a 12' Hike and Bike Path Easement along the east property line,
adjacent to State Road.
Currently, Northpoint Drive ends east of the Royal Lane intersection. At
the connection point of the existing Northpoint Drive and its extension,
additional right-of-way is needed from the City for the southern portion of
the new roadway. This will be done by separate instrument.
Page 2 of 3
Item# 11
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Preliminary Plat for Northpoim Drive
Extension and Lots 1 & 2, Block A, AmberPoint Business Park, subject to the
following condition:
1)
2)
3)
Provide a note on the Plat indicating that the additional fight-of-way needed
from the City to extend Northpoint Drive will be dedicated by separate
instrument.
Revise utility signature block for Paragon Cable to read AT&T Broadband.
Revise City Secretary signature block to indicate the name of the subdivision.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS: 1) Staff Comments
2) Preliminary Plat
Page 3 of 3
Item # 11
ITEM:
DRC DATE:
CONTACT:
DEVELOPMENT RE~ COMMITTEE
PARKS AND LEI$11RE SERVICES C01VI2Vt~N~
Amber Point Business Park, $it~
September 27, 2001 and October 4, 2001
]okn Elias, Landscape Manager
0C3' -4 2001
CO~ STATIIS:
PRELEVfl~ARY~./
1) Need a 20' hike & bike trail easement along State Road, needs to be shown on the
Final Plat~
2_.~.Need an easement at $.W. corner of property, to allow for entrance into Wagon
wheel Park off of Northpoint Drive.
..... · .~.~, ..,, ;,,
4) Need to discuss tree mitigation, calculations on plans are not correct.
092 701amberpoint
OTXU
TXU Electric & Gas
4200 N. Belt Line
Irving, TX 75038
September 24, 2001
Comments for City of CoppeH
Development Review Committee
AmberPoint Business Park, Lot 1, Block A, Site Plan
888-1344 for Easement requirements
Contact Rick Fielding at 972-
AmberPoint Business Park, Lots 1 & 2, Block A & Northpoint Drive Extension,
Preliminary Plat, Contact Rick Fielding at 972-888-1344 for Easement requirements
Bobby Oney
il Iii 8EP 2 ?
u
T H E: · C I T Y 0 F
COPPEE£
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ~
ITEM CAPTION:
Consider providing that the Planning and Zoning Commission be the authority responsible for the approval
of the Final Plat for AmberPoint Business Park, Lots 1 & 2, Block A, & Northpoint Drive Extension, to allow
the extension of Northpoint Drive and the development of an office/warehouse business park on
approximately 110 acres of property, located along the south side of Sandy Lake Road; between Royal Lane
and State Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
A ~ VOTE BY COUNCIL IS NEEDED TO APPROVE THIS REQUEST.
Staff recommends approval.
DIR. INITIALS: ,~~'* FIN. REVIEW'~
Agenda Request Form - Revised 5/00
CITY MANAGER REV
~Apfpa
'r H i~ . C I T Y · 0 F
C-OPPELE Rm T
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Carter Addi_tion, Lots 1 & 2, Phase H. Re~lat, to allow the replatting of Lots 1 and 2
to shift the property line between the two lots to the east, on 7.96-acres of property located along the south
side of Carter Drive, west of Moore Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: October 18, 2001
Decision of P&Z Commission: Approved (7-0) with Commissioners
McCaffrey, Clark, Halsey and stewart voting in favor. None opposed.
Dragon,
Approval is recommended, subject to the following condition:
' ~ Ci~' ~"~"~ ~:~-~''''~'''~
F:P ;" +~' ...... ¢+~, .... ~,~:..:,,: ..... ,., .... ,,,.-., ~ .-,-a ........ "'"'
(CONDITION MET)
McGahey,
Kittrell,
Staff recommends approval.
DIR. INITIALS: ~/I FIN. REVIEW:
Agenda Request Form - Revised 5/00
CITY MANAGER RE
@CarterR
CASE:
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CARTER ADDITION, PHASE II, REPLAT OF
LOTS l&2
P & Z HEARING DATE:
C.C. HEARING DATE:
October 18, 2001 (Originally approved by P&Z July 20, 2000)
November 13, 2001 (Originally approved by Council August 8, 2000)
LOCATION:
At the southwest comer of Carter Drive and Moore Road.
SIZE OF AREA:
Approximately 7.96 acres of property.
CURRENT ZONING:
SF-12 (Single Family-12)
REQUEST:
Replat approval of two lots in this five-lot subdivision
APPLICANT:
HISTORY:
Mr. Brian Rathe
846 Mallard
Coppell, Texas 75019
(972) 393-9784
Fax: (214) 678-9669
Engineer: Pate En 'gmeers
8150 Brookfiver Dive
Suite S-800
Dallas, Texas 75247
(214) 357-2981
Fax: (214) 357-2985
There has been considerable platting history on this property with
subdividing and re-subdividing stretching over at least the last five
years on this five-lot subdivision. The original Final Plat was
approved by the Planning Commission on November 21, 1996. That
plat was not filed for record within the expiration date (May 21,
1997). Therefore, the original plat was deemed null and void and the
submission of a new Final Plat was required. In April of 1998 a new
final plat was submitted which contained the same five lots, but in a
different configuration. After staff review, the plat was approved.
In the fall of 1999 a re-plat was submitted with the same five lots,
and it was approved in October of 1999. Most recently, on August
8, 2000, the City Council approved a replat for Lots 1 and 2 of this
subdivision. Again, this replat needed to be filed for record within a
six-month time period. This plat has once again expired, and
therefore, is being submitted for review and approval.
Item # 9
TRANSPORTATION:
Moore Road is a C2U, two-lane undivided road built in a 60 foot
right-of-way. Carter Drive is a two-lane local street contained
within a 50-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North- single-family homes; SF-12
South - DART fight-of-way; A (Agricultural)
East - single family homes; SF-12
West - vacant; SF-12 and A (Agricultural)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
low density residential uses. However, a portion of the
southem area is shown to be in the floodplain.
DISCUSSION:
As indicated in the History Section of this report, there have been several
iterations of proposed subdivision development on this parcel. Although
this lotting pattern is not ideal from a planning perspective, this replat of
Lots 1 and 2 was recommended for approval by the Planning and Zoning
Commission and approved by the City Council 14 months ago. However,
once again, this plat was not filed with the county within the required six-
month period, and therefore, has become null and void.
This is a residential subdivision, therefore, all replats are required to be
considered at a public hearing where all property owners, within 200 feet,
within the original subdivision are notified. Given that this replat has once
again expired, approval is required through this same public hearing process.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
ALTERNATIVES:
Staff recommends APPROVAL of the replat of Lot 1 and 2 of Carter
addition, Phase II, subject to the following condition:
1. Fill in the name of the subdivision in the City Secretary's signature
block.
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Replat of Carter Addition, Phase II, Lots 1 and 2
Item # 9
F
COPi ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ~_
ITEM CAPTION:
Consider approval of a six-month extension for submission to the City for signatures the Gateway Business
Park No. 3, Lots I&IX, Block A, Final Plat.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Please see the attached letter fxom Trac Bledsoe dated November 6, 2001.
This Final Plat was approved by Council on May 8, 2001, subject to the following condition:
1) The attached letter dated April 2, 2001, outlining improvements to the
drainage channel on Lot 1X.
If the extension is granted, this Final Plat would expire May 8, 2002.
Staff recommends approval.
Agenda Request Form - Revised 5/00
CITY MANAGER REVIEW:
@GBPx
One Col inas Crossing . S?~ 868 0.180
0s: sst
r~ov
OB O1
PACTRUST
Pacific Realty Associates, L.P.
11511 Luna Road, Suite 165
Farmers Branch, Texas 75234
972/831-9400 · Facsimile: 972/869-0180
VIA FACSIMILE AND US MAIL
November 6, 2001
Andrea Roy
City Planner
City of Coppell
255 Parkway Blvd.
PO Box 478
Coppell, TX 75019
Gateway Business Park
Park West Commerce Center Six and Seven
Dear Andrea:
Per our telephone conversation, I understand that our site plan submittal for the above
referenced project is due to expire. Due to deterioration of current market conditions, we
have decided to postpone the start of construction for this project until 2002. Our current
plans include aggressively pursuing pre-lease opportunities for these buildings as well as
actively watching market indicators to determine the most appropriate time to re-start
development.
I request an extension on our submittal for a period of six months to futher observe the
market for signs of recovery. Please advise at soonest opportunity if this is acceptable to
you and your office. Thank you in advance for your consideration.
0frOZe) Bledsoe
cc: Mike Nugent - PacTrust
Mailing Address: RO. Box 59860 · Dallas, Texas 75229
vwvw. PacTrust. corn
F
C-OPP-ELE AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # ___~"
ITEM CAPTION: Consider approval of a Resolution amending Resolution #010996.3, as heretofore
amended with regard to Electronic Files of City/School Tax Roll, Meeting Room Rental, Floodplain
Development Fees, Recreational Fees, and Water and Waste Water Impact Fees, and authorizing the Mayor
to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:~\~
AMT EST. $
DIR. INITIALS.~
Agenda Request Form - Revised 5/00
FIN. REVIEW:~
+X-BID $
CITY MANAGER RE
Document Name: Smstrfee.doc
MEMORANDUM
Date:
To:
From:
Subject:
November 5, 2001
Mayor and Council
Jennifer Armstrong, Director of Finance~
Fee resolution changes
The following changes are being requested with this agenda item:
Electronic Files of City/School Tax Roll - This is a new fee that needs to be established since the
City and School property taxes are being collected together.
Meeting Room Rental - Due to heightened security, the library meeting rooms will only be
available during normal library hours, therefore a deposit is no longer required.
Floodplain Development Fees - We no longer offer non-computer modeling study and this fee is
being deleted. The Floodplain Development Fees will now be as follows:
a. Computer modeling study/Conditional Letter of Map Revision Review $2,000
b. Computer modeling study/Letter of Map Revision Review 1,000
c. Corridor Development certificate Review 1,000
Water and Waster Water Impact Fee - This fee is being decreased to bring it in compliance with
SB 243. This fee is being decreased from $450 per equivalent service unit to $280 per
equivalent service unit.
The following Recreational Fees are being amended:
Field Rentals
Eliminate fee
Clinics or tournaments
Each sports association is entitled
to one free clinic, camp, or tournament
. per season
Pavilion/Concession Rentals and Deposits
Eliminate fee
AB East Pavilion
$25 for 4 hours + $10 for
each additional hour
AB West Pavilion
$25 for 4 hours + $10 for
each additional hour
Wagon Wheel - Baseball
Wagon Wheel - Soccer
The Falls ~ Wagon Wheel
The Falls ~ Wagon Wheel - Meeting Room
Damage Deposit (each pavilion or meeting room)
$25 for 4 hours + $10 for
each additional hour
$50 for4 hours + $10 for
each additional hour
$100 for 4 hours + $30 for
each additional hour
$ 25 per hour
$100
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AMENDING, IN PART, THE MASTER FEE SCHEDULE, AS AMENDED,
BY DELETING THE MEETING ROOM RENTAL DEPOSIT FEE; AND,
BY AMENDING THE ENGINEERING FEES SECTION RELATED TO
FLOODPLAIN DEVELOPMENT FEES BY DELETING THE NON-
COMPUTER MODELING STUDY AND INCORPORATING NEW FEES
FOR COMPUTER MODELING STUDY AND ADDING NEW CORRIDOR
DEVELOPMENT CERTIFICATE REVIEW FEE; AND, BY AMENDING
SECTION ENTITLED "OTHER FEES" TO PROVIDE FEE FOR
ELECTRONIC FILES OF CITY/SCHOOL TAX ROLL; AND, BY
REPEALING THE RECREATIONAL FEES SECTION AND REPLACING
THE SAME WITH NEW FEES; AND, BY AMENDING THE WATER AND
WASTWATER IMPACT FEE FOR 5/8" X ~A" SIZED METERS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution
No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the
City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions,
and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY
OF COPPELL, TEXAS:
SECTION 1. That the "Meeting Room Rental" fee be amended by deleting the twenty-five
dollar ($25.00) deposit fee and adding a section that local nonprofit agencies and groups shall pay
no rental fees if the room requested is available at the time of said request.
SECTION 2. That the "Engineering Fees" (7)(A) and (B), Floodplain Development
Review, be amended by deleting reference and fee for Non-computer modeling study and replacing
the same with amended fees for Computer modeling study, to read as follows:
"Engineering Fees
1 44313
7. Floodplain Development Review:
A. Computer modeling study/Conditional Letter of Map Revision Review
B. Computer modeling study/Letter of Map Revision Review
C. Corridor Development Certificate Review
$2,000.00
$1,000.00
$1,000.00
SECTION 3. That the portion of the Master Fee Schedule entitled "Other Fees" be
amended bY adding number (7) to provide the fee for the Electronic Files of the City/School Tax
Roll, to read as follows:
"Other Fees
7. Electronic Files of City/School Tax Roll
$150.00"
SECTION 4. That the "Recreational Fees", be amended by amending the fees in numbers
3 and 4, and, by adding 4(H) to provide for local nonprofit agencies and groups, which shall read as
follows:
"Recreational Fees
3. Clinics or Tournaments Fee Each sports association is entitled to
one (1) free clinic, camp or
tournament per season.
Pavilion and/or Concession Rental
A. Andrew Brown East
B. Andrew Brown West
C. Wagon Wheel-Baseball
D. Wagon Wheel-Soccer
Pavilion Only
$25/4 hours + $10
for each additional
hour
$25/4 hours + $10 N/A
for each additional
hour
$25/4 hours + $10 N/A
for each additional
hour
$50/4 hours + $10 N/A
for each additional
Pavilion &
Concession
N/A
2 44313
E. The Falls @ Wagon Wheel
F. The Falls @ Wagon Wheel
Meeting Room
G. Damage Deposit
H. Local Nonprofit Agencies and Groups
hour
$100/4 hours +$30
for each additional
hour
N/A
$25.00 per hour N/A
$100.00 $100.00
$ 0.00 -- if the facility(s) requested is
available at the time of said request"
SECTION 5. That Schedule 2 of the Master Fee Schedule be amended by reducing the
Water Impact Fee and the Wastewater Impact Fee for 5/8" x aA" meters only from the current charge
of four hundred fifty dollars ($450.00) to a new rate of two hundred eighty dollars ($280.00) per
equivalent service unit.
SECTION 6. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain
in full force and effect.
SECTION 7. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution
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 Resolution as a whole.
SECTION 8. That this Resolution 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, this the day of
,2001.
APPROVED:
CANDY SHEEHAN, MAYOR
3 44313
ATTEST:
~~_vr~ o~¥
(REH/cdb 11/8/01) ~"
LIBBY BALL, CITY SECR.E~ARY
4 44313
T H E C I T Y 0 F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # __~~
ITEM CAPTION: Review and selection of Retail Electrical Provider for City accounts.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $ ~,
FINANCIAL COM/k4ENTS:~'~
A/Vim EST. $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW:(~l}
+\-BID $
CITY MANAGER REVIEW:
Document Name: !Electrical
MEMORANDUM
Date:
To:
From:
Subject:
November 6, 2001
Mayor and City Council
Jim Witt, City Manager
Selection of Retail Ele :al Provider for the City of Coppell
During the past nine months, our Facilities Management Division headed by Sheri Moino and
our consultant Tim Brancheau have been evaluating the City's power needs and the impact
deregulation will have on them. Based on the identification of our existing power needs, we
have prequalified three retail electrical providers through an RFP process. Those providers
are TXU, Enron, and First Choice Power. We also spent time evaluating the
Houston/Galveston area Council of Governments' aggregation group as a possible source of
power for the City of Coppell.
On Tuesday we shall receive final prices from each of the four sources that wish to provide
power to the City of Coppell under the deregulation program. This will be much like a bond
sale, since we will not have final prices under the day of the City Council Meeting. The
reason for this is obvious, since power prices can fluctuate greatly based on the price of
natural gas.
Therefore, we will be presenting to you the four prices that we have received, as well as a
recommendation regarding what firm to enter into a contract with on that evening. If you have
further questions regarding this situation, please do not hesitate to contact our City Attorney
Bob Hager or myself.
I wanted to bring this information to your attention in a memo since this is a somewhat
unusual contract selection process, but just remember it closely parallels our bond bid process.
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # __Z_~~
ITEM CAPTION:
Consider approval of an ordinance amending Section 9-2 et seq. of the Code of Ordinances regarding fencing
materials and permits, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT $
FINANCIAL COMMENTS:~~,~'
AMT. EST $
DIR. INITIALS:
Agenda Request Form- Revised 5/00
+\-BID $
CITY MANAGER REVIEW:
Document Name: !fence
MINUTES OF NOVEMBER 1, 2001
BUILDING AND STANDARDS COMMISSION
DRAFT
The Building and Standards Commission of the City of Coppell met on Thursday, November 1, 2001,
at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd.
In attendance:
David Stonecipher, Chairman
Mark LeGros, Vice Chairman
Steven Wright, Commissioner
Robert Chomiak, Commissioner
Norman Kressmann, Commissioner
David Terry, Alternate Commissioner
Donald Perschbacher, Alternate Commissioner
John Hoppie, Alternate Commissioner
Robert Turk, Alternate Commissioner
Also present:
Greg Jones, Chief Building Official
Mary Beth Spletzer, Recording Secretary
Bob Hager, City Attorney's Office
David Dodd, City Attorney's Office
Item 1: Call to Order.
Chairman Stonecipher called the meeting to order at 7:43 p.m.
Item 2:
ApprOval of minutes of October 4, 2001, meeting.
Motion was made by Commissioner Kressmann to approve the minutes of the October 4, 2001,
meeting. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to
0. Minutes approved.
Item 3:
Chairman Stonecipher asked Bob Hager, of the City Attorney's office, to provide opening remarks on
the goal of tonight's hearing.
Mr. Hager explained that a proposed fence ordinance has been furnished, at the request of City
Council, but he noted that he is seeking further input to fashion an ordinance that would list the
allowable types of fences, whereas the current ordinance lists prohibited fences. Mr. Hager added that
he would like input from this Board, as well as the community, on the following fence characteristics:
types of acceptable fences; approved building materials; and acceptable colors. He added that the
input received from tonight's comments would be compiled in a report to City Council on November
13th.
Chairman Stonecipher presented the following case for discussion:
Public Hearing to consider testimony with regard to allowed types of fencing materials
within the City of Coppell, in particular, to Section 9-2-7(C) of the Code of Ordinances,
prohibiting "plastics or any other similar materials" from being used as fencing. The
Building and Standards Commission will convene a hearing to receive input from
interested parties on whether to amend the Ordinance to allow these materials for use as
fencing within the City of Coppell.
1
Chairman Stonecipher asked board members to review two letters that had been submitted by
presidents of homeowners associations. Greg Jones explained that one letter was received from the
Vistas of Coppell homeowners association, representing approximately 200 homes, and the other was
received from the Lakes of Coppell homeowners association, representing approximately 500 homes,
both of which expressed opposition to allowing plastic or vinyl fencing in Coppell.
The heating was opened to the public.
Michael Vasquez, of 801 Crane, reported that he received a notice of violation from the City for
installing a vinyl fence, noting that the City has held his case in abeyance, pending action by City
Council. He explained that during his recent presentation to City Council, he presented petitions,
pictures, and extensive background information in favor of vinyl fencing, adding that he assumed this
entire packet would be shared with this Board. Mr. Hager responded that the information provided by
Mr. Vasquez was not forwarded to this Board, and is still in possession of City Council, due to the fact
that they will be making the final decision on this issue, based on input from this Board.
Mr. Vasquez explained that he chose a vinyl replacement fence, due to the rotting, deterioration, and
maintenance problems of his previous 10-year-old wood fence. After investigating vinyl fencing, Mr.
Vasquez reported that it has a lifetime warranty against chipping, rotting, peeling, or discoloration, and
if a section of fence should need replacing, for whatever reason, the new panels will blend with the
existing ones, unlike wood fencing. He added that the supports for his vinyl fence are steel reinforced,
and structurally superior to wood. Although it costs more than a wood fence, Mr. Vasquez indicated
that it should last longer and enhance the value of his property.
At the time of installation, Mr. Vasquez explained that he did not know that the City considered vinyl
unacceptable. In fact, he reported that his fence contractor checked with the City before installing the
first vinyl fence in Coppell, and was told that vinyl was in compliance with City code.
He noted that he did not intentionally circumvent City ordinance, and, in fact, it was later learned that
there is only one other city in the Metroplex, besides Coppell, that does not allow vinyl fencing. Mr.
Vasquez acknowledged, however, that he, as the property owner, is responsible for insuring that all
City codes are met.
He further commented that he agreed that the City should pass ordinances and specify minimum
building codes, but the reasons for having an ordinance should also be objective and clearly articulated
to the public. In this case, Mr. Vasquez indicated that he could not see any objective reasoning for the
prohibition of vinyl fencing, and when he questioned the City's Code Enforcement staff, no one could
explain the reasoning behind it, except to say it probably dated back to the late 70's or early 80's. Mr.
Vasquez pointed out that fencing technology has changed drastically since then, adding that the City of
Richardson updated their fence code just last year, to allow for new and better alternatives to wood,
and their outdated code was almost identical to Coppell's current fence code.
Mr. Vasquez reported that he and his wife obtained over 70 signatures on a petition circulated among
their neighbors, regarding the vinyl fence issue, and every person who was asked to sign, did so, with
almost everyone expressing disbelief that the City does not allow vinyl fencing. He reported that there
was only one neighbor who objected to the "look" of the Vasquez' vinyl fence, but, nevertheless,
signed the petition in favor of it. And, he added that, after his vinyl fencing was installed, numerous
neighbors and residents of the City stopped by to compliment them on their choice of fencing.
Mr. Vasquez added that because wood is considered the "standard" for privacy fences, the
comparisons he makes have been with wood, rather than masonry or wrought iron. Mr. Vasquez
reported that it should be a "consumer's choice".
Mr. Vasquez also commented that, in reviewing the proposed fence ordinance, the level of detail is so
excessive, that any new ordinance may also soon be outdated, due to advances in fence technology.
In lieu of the background information submitted by Mr. Vasquez to City Council, Bob Hager provided
the Board members with pictures of vinyl and fiber fencing from various companies.
Greg Burdette, of 420 N. Moore Road, reported that he was also cited by the City for constructing a
vinyl fence. Mr. Burdette explained that when he first read the Code, banning plastic fencing, he
agreed with it completely, because he felt that plastic wouldn't hold up in the Texas heat. But, when
he was ready to purchase new fencing and was made aware of the benefits of vinyl, he went to the City
to check on the Code. He was told that plastic fencing restrictions probably wouldn't apply to his
choice of product, due to the fact that vinyl has totally different characteristics than plastic. Mr.
Burdette said he felt that the characteristics of plastic and vinyl need to be more clearly defined, as
they relate to chemical balances, support systems, thickness of rails, etc.
Mr. Burdette asked that board members not allow plastic fences in the City, but consider the benefits
of vinyl fencing, and the types of products that will uphold property values.
Debbie Grigsby, owner of Dura-Fence Designs, 15245 Addison Road in Addison, explained that vinyl
fencing has been around since the late 70's. She noted that its use started mainly as farm and ranch
fencing, because it was more durable than wood, kept its ~tructural integrity, and was low
maintenance. She added that the industry began with three manufacturers and has grown to
approximately 20, with a growth rate of 20 percent per year.
Ms. Grigsby reported that the market for vinyl fencing has been phenomenal in the Salt Lake City and
St. Louis areas, for example, and the fencing has been shown to hold up well in strong winds in those
areas. As far as color is concerned, she reported that people like the idea of having the neutral colors
and/or woodgrain appearance that actually blend with the house. Structurally, Ms. Grigsby pointed out
that vinyl fencing is based on an interlocking design, for increased security, so that rails fit into holes
routed into the sides of posts, allowing the rails to flex with the wind. Ms. Grigsby reported that all
bottom rails are steel-reinforced to prevent sagging. To demonstrate the aging process, Ms. Grigsby
displayed a picket from a 5-year-old fence, summarizing that vinyl fencing maintains its value and is
considered a permanent property improvement.
Ms. Grigsby commented that restricting people from having a choice is the main issue of this
discussion, adding that the City can set the basic guidelines, and allow the individual homeowners
associations to be more restrictive, if they so choose.
Mr. Hager asked for input on how to write the ordinance so that it applies to everyone, but prohibits
the undesirable types of fencing, such as the orange mesh construction fence. Ms. Grigsby responded
that the word "plastic" is such a broad term, and she's learned, from talking to various manufacturers,
that differences in quality can be identified through the ASTM industry standards, which measure such
things as the method of extrusion, rigidity, impact, and ultraviolet stabilization. Mr. Hager stated that
although those are the standards of the industry, the City must be careful not to exclude a competitor,
for anti-trust reasons. He emphasized, also, that this is the reason he needs specific input as to how
vinyl is different from "plastic".
Commissioner Wright asked about national standards and warranties, and Ms. Grigsby explained that
the American Fence Association sets national standards for fencing, but there is no agency that
specifically polices the vinyl fence industry. She added that although there are variables among
companies, many now offer a lifetime warranty, including full parts replacement to the original
purchaser, and a few companies have gone a step further to offer transferable warranties.
When asked about painting vinyl fences, Ms. Grigsby responded that painting these fences would
usually void the warranty, because it would change the "breathe-ability" properties of the material and
finish.
Commissioner Wright asked if these product lines are established, and Ms. Grigsby replied that she
believes most of the companies would have invested so much in the profiles, molds, and tooling, that
they would have replacement parts, in inventory, to service their customers for a long time, even
though there may be slight style changes over the years.
Commissioner Kressmann asked about the availability of fences that are constructed of steel or
aluminum with a vinyl covering. Ms. Grigsby indicated that there are a variety of vinyl-wrapped
products on the market that can easily cracked, allowing moisture to penetrate the wood or metal
inside.
Mr. Hager asked about polyvinyl chloride (PVC), adding that purchasing PVC piping from a local
home repair store, might meet the definition for fencing. Ms. Grigsby responded that although PVC is
the product used in the fencing, the regular PVC piping does not have the same additives and quality
control characteristics as the fencing products. She indicated that by applying the ASTM fencing
standards, such a problem could be avoided.
Commissioner LeGros asked if the ASTM standard is printed on fencing material, like it is on the
plumbing pipes, and if it isn't, how could a City inspector approve the fencing material, in a permitting
situation? Ms. Grigsby responded that she did not know the answer to that question. Mr. Hager
responded that it would be the homeowner who would ultimately be held responsible for bringing their
fence into compliance.
Mr. Jones added that in other cases, where PVC piping is exposed to UV, the City requires that it be
painted to protect against discoloration, as well as brittleness, which would be a safety issue.
Commissioner Wright asked about the availability of a darker color, in addition to the three standard
colors: white, beige and gray. Ms. Grigsby indicated that although she has requested a darker color
from the manufacturer, technologically, they have not found a way to stabilize the polymer to allow for
the intense heat absorption of darker colors, that could possibly result in sagging of fence rails. Also,
when more color additive is needed to produce a darker color, color fastness and chalking can become
problems.
Mr. Hager asked if the vinyl is compatible for woodstock, rail, or ornamental fences, and Ms. Grigsby
explained that the vinyl fencing actually got its start, and is well established, as woodstock and rail
fencing, and from there, it migrated to the traditional picket fences, and then, to privacy and
ornamental fencing.
Mr. Hager explained that, in the ordinance, he would like to list fencing types and match them with the
suited materials. Ms. Grigsby added that because vinyl fencing has had a long lifecycle, it would be
suitable for the uses in Coppell. Ms. Grigsby also commented that the polyvinyl chloride products
available from home improvement retailers may be a "watered-down" version of vinyl fencing, due to
the fact that manufacturers were required to meet a price point. Mr. Hager explained, however, that if
these products, as well as the higher-end products, meet the ASTM standards, they'll all be either
accepted or rejected.
4
When asked about fiberglass fencing, Ms. Grigsby pointed out that there are major differences, namely
that fiberglass fencing has individual thinner pickets that are glued, and then riveted onto rails. Mr.
Hager commented that because wood has a traditional look in Coppell, the issue is being studied
carefully, before allowing new products. Mr. Jones commented that, during a recent presentation on
fiberglass fencing, it was announced that it's available in almost any color/pattern, just like a plastic
laminate, but, he added, the issues of "lasting quality", as well as acceptable colors would also need to
be addressed.
Mr. Hager commented that he wants to beware of people who will think of ways to get around the
ordinance simply because of the way it's written, as well as guard against excluding a certain
manufacturer's product. Mr. Hager indicated that he did not want to place the Building Official in the
position of having to approve each type of building material, as does the City of Richardson. He
reported that City Council does not want to adopt that policy, and that's why it's so important to
clearly define the regulations to insure that quality products are used, rather than junk.
Commissioner Kressmann asked for a copy of the ASTM standards, and Ms. Grigsby indicated that
she could provide them, even though she had not studied them in depth.
Mr. Hager reported that although Coppell is a fairly new city, total fence replacements will soon be on
the rise, and he stressed that there is a certain "look" that City Council and the Planning Dept. wish to
maintain.
Mr. Hager indicated that he and Mr. Jones would discuss the issue of natural fences, but, aside from
that, he asked the Board to specify any fence types or materials that would be acceptable or
unacceptable. He indicated that he's not necessarily asking for a consensus from the board, but simply
input. Mr. Hager clarified that we would be concerned only with fences that are visible from the
property line. Mr. Jones added, also, that a screening wall, although similar, is much more restrictive
than privacy fencing.
Commissioner Wright asked about the impact of deed restrictions on fencing, and Mr. Hager
responded that, in addition to complying with City code, homeowners must comply with their local
deed restrictions or run the risk of being sued by their homeowners association, if one exists.
Chairman Stonecipher asked board members for input to assist the City Attorney's office in revising
the ordinance:
Commissioner Chomiak commented that, from a durability standpoint, he felt the restrictions
could be specifically outlined. He added, however, that seeing "broad panels of white fencing"
going up around the City would not, in his opinion, be an appealing sight. The darker,
earthtone colors would be more acceptable.
Commissioner Kressmann reported that, from the standpoint of materials, he felt that the City
should begin with the ASTM standards, make a determination of how effective those standards
are for Coppell, and then proceed from there with the ordinance. He also expressed his concern
that the vinyl fencing is not available in the darker colors.
Chairman Stonecipher indicated his agreement that the types of acceptable fencing materials
could be determined from the standards already set by the ASTM, adding that he was pleased
that the proposed ordinance excludes chainlink fences. Chairman Stonecipher also explained
that, although he really doesn't have an opinion on the color issue, perhaps it's not really the
role of this board to determine color choices for others.
Commissioner Wright explained that he would like to see a section included in the ordinance
that defines the sections of fence to be governed, thereby clarifying that the City is not trying to
regulate each and every section of fence, but only those that are visible from certain points,
such as property lines. He added that although the dimensions of the posts and pickets are
defined in the ordinance, perhaps the standards for rails should be increased, since this appears
to be one of the primary problems with existing fences.
Commissioner LeGros commented on the "look" that City Council is trying to maintain, adding
that the current color contrast between chainlink, wood, iron, or masonry, is minimal, compared
to the dramatic difference between the proposed "stark white" (or gray/beige) fencing and the
existing earthtone fence colors.
Commissioner Kressmann commented that any replacement fence, whether it's being re-
configured or not, should require a permit. In addition, he indicated that the wood fiber fences
should definitely not be allowed under the new ordinance. Regarding the permitting process,
Mr. Hager explained that City Council may not decide to require a permit and fee for a
replacement fence, but perhaps some sort of registration process, as a way of regulating types
and materials. Mr. Jones added that the purpose of not requiring a permit for fence replacement
and repair is to encourage property owners to do regular fence maintenance, thereby
maintaining property values.
Item 4: Other Business.
Because access to City Hall has changed, Greg Jones announced the board members will now need to
pick up packets from the "hold shelf" in the Library, rather than the second floor mailbox in City Hall.
Greg Jones distributed the updated roster.
Adjournment.
Motion was made by Commissioner Kressmann that the meeting be adjourned. Motion was seconded
by Commissioner LeGros, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned.
David Stonecipher, Chairman
Mary Beth Spletzer, Recording Secretary
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY
AMENDING ARTICLE 9-2 BY REPEALING SECTIONS 9-
2.1 THROUGH 9=2.$; BY PROVIDING A NEW
ORDINANCE SECTIONS 9-2-1 THROUGH 9-2.10;
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 Sections 9-2-1 through 9-2-8 and providing a new ordinance Sections 9-2-1 through
9-2-10, 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 construction of the materials. The purpose of which is to
provide protection from intrusion (both physical and/or 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 or stockade shall mean a fence of vertical posts and upright
stakes attached in such fashion as to touch side by side. See Fig. 1.
Picket Fence shall mean a fence made of vertical posts and alternating
spaced and upright, usually pointed stakes, slats or pickets. See Fig. 2.
Post, Rail or Cross-buck Fence shall mean a fence constructed of vertical
posts with a bar of wood, metal or other materials ~d horizontally behind such
posts. See Fig. 3.
Ornamental or Decorative Fence shall mean a fence constructed of metal,
wrought iron, fiberglass, or vinyl with vertical posts and vertical or horizontal
PAGE 1
43705
bars with the appropriate finials or ornamental caps and may include brick or
stone columns. See Fig. 4.
Natural Fence shall mean a barrier of solid natural plant and/or tree
materials which form an impermeable visual barrier. See Fig. 5.
Masonry Fence shall mean a fence constructed of solid brick, or stone.
See Fig. 6.
Dike shall mean a ditch, watercourse, embankment or dam made to
prevent flooding.
Retaining Wall shall mean a wall built to keep a bank of earth from sliding
or water from flooding.
Wall shall mean an upright structure of wood, stone, etc., serving to
enclose, divide, support, or protect.
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 he deemed a side yard."
Sec. 9-2-2. Fence permit required.
It shall be unlawful for any person to erect a fence in the city without first
obtaining a permit from the city, provided however, a permit shall not be required
to repair or replace an existing fence unless the location of the fence is
reconfigured.
Sec. 9-2-3. Application for permit.
An application for a permit must be signed by the applicant and contain
the following information:
A. Applicant's name and address, ff the application is a partnership,
corporation or association, the name and phone number of a
responsible party of the entity.
B. Name and address of owner of property.
PAGE 2
43705
C. Address of property where fence is to be erected.
D. Height offence.
Eo
Plat, map, or site plan showing the lot or tract on which the fence is to
be erected, the location of adjoining or adjacent lots or tracts and the
location of the proposed fence, outlined with heavy black lines.
See. 9-2-4. Permit fee.
A nonrefundable permit fee established by resolution of the city council
shall be paid at the time of application for each permit issued.
Sec. 9-2-5. Public property.
No fence, or any part of such fence shall be constructed upon or caused to
protrude over property. All fences must be maintained in a plane so as not to
overhang or interfere with public property.
Sec. 9-2-6. Location and height regulations.
A. Fence requirements in residential districts. Ail fences constructed
within residential districts shall be privacy, stockade, picket, post or rail,
ornamental, decorative, or masonry and conform to the requirements and be
constructed of the materials and colors as provided for in this Chapter and shall be
located in the appropriate side and/or rear yard as permitted under the
Comprehensive Zoning Ordinance, Section 12 of the City of Coppell.
B. Height. It shall be unlawful to erect or maintain a fence at a height
exceeding eight feet.
C. Rear yard Where driveways connect to alleys in commercial,
industrial and residential areas, fences shall be only constructed along the rear lot
line of any lot to within five feet of a point where the driveway would intersect
the alley pavement at 90 degrees. Fences to be constructed along any driveway or
parallel to alleys shall not be constructed within five feet of the alley pavement.
D. Side yard. A fence may be erected in the side yard of a lot to the side
property line.
E. Front yard It shall be unlawful to erect or maintain a fence within the
front yard of any lot, from the front building line to the front lot line. The front
building line as that term is used herein shall mean the building line established
by the building constructed on the lot if such established building line is a greater
distance from the front lot line than that established by law.
PAOE 3
43705
Sec. 9=2-7. Materials and Colors.
A. Permitted materials. All fences, as defined herein, constructed within
the City shall only be constructed of the following material:
wood;
metal or wrought iron;
fiberglass or vinyl, which is poly vinyl chloride formulated
to resist impact and for ultra violent stabilization and meets
or exceeds ASTM D1784, which such composite material
is designed and constructed for fencing material; such
material shall consist of at least 3" x 3" post, ¼" x 2" slats,
[which is at least one-quarter (¼") inch] in thickness;
stone or brick with mortar.
B. All fences as permitted herein shall be constructed of posts which are
at least 3" x 3" or metal posts of P/i" in diameter and slats, pickets, rails or stakes
of at least ¼" x 1"
C. Permitted colors. All fences, as defined herein, shall be constructed to
reflect the following colors:
wood, fiberglass or vinyl - shall be painted or stained of
earth tones only to include, but not limited to, browns,
grays, forest green, natural wood tones, bronze, or [white
and off-white];
metal - shall be painted to include black, dark brown,
bronze, gray, or [white and/or off white];
masonry - brick or stone shall not be painted but shall be
natural materials or finish.
Sec. 9-2-8. Prohibitions.
A. Fence(s) shall not be electrically charged in any manner or form.
B. Notwithstanding other provisions of this Article, in no event may any
fence(s) be constructed of barbed wke, razor ribbon, sheet metal, or any other
such similar material; except barbed wire is permitted for property which is used
for agricultural purposes.
Sec. 9-2-9. Inspection.
Upon completion of installation, the owner of the premises shall request
and the building inspector shall conduct an inspection. A certificate of acceptance
or a rejection slip indicating the defects in the same will be issued after such
inspection.
PAOE 4
437o~
Sec. 9=2-10. Maintenance.
All fences shall be maintained in a reasonably good condition and not be
in a state of disrepair with the requirements of this article at all times."
SECTION 3.. Ail 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 aider its
passage and publication, as the law and charter is such cases provide.
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
PAOE S
43705
APPROVED AS TO FORM:
By:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 1 l/g/01)
PAGE 6
43705
Fig. 3
Fig. 2
Fig. 5 Fig. 6
'1' H E ¢ I T Y 0 F
AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM #
ITEM CAPTION: Consider approval of a Resolution casting the City of Coppell's vote for the fourth
member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to
sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $
FINANCIAL COMMENTS:~
AMT EST $
DIR. INITIALS:
Agenda Request Form - Revised 5/00
FIN. REVIEW.~
+k-BID $
CITY MANAGER REVIEW:
Document Name: !DCAD
Date:
To:
From:
Re:
Dallas Central
Appraisal District
November 1, 2001
Candy Sheehan, Mayor, City of Coppell
Foy Mitchell, Jr., Executive Director/Chief Appraiser
Election of Representative to Board of Directors
Dallas Central Appraisal District
Pursuant to the provisions of the Property Tax Code, Section 6.03, your entity is
entitled to participate in an election for the purpose of electing a member to the
Board of Directors of the Dallas Central Appraisal District. Enclosed with this
letter is a ballot, which has been prepared in accordance with the requirements of
law ·
In order for your entity to participate, your City Council must pass an official
resolution stating your choice and deliver this petition to my office no later than
November 15, 2001, if possible; or by the first regular Council meeting held in
November, following receipt of this notice. Please see that this item is placed on
your action agenda at the first possible time.
FMjr/vgh
Enclosure (ballot resolution and return envelope)
cc Jim Witt, City Manager
Administrative Offices
2949 N. Stemmons Freeway · Oallas, Texas 75247-6195 · (214) 631-0520
_1.1/0_2:'0l' ILS: 83_ F.t.~ ,q722474836 I.'ARt[ERS BRAM?,[I
FE)RITler S
September 24, 2001
Ms. Candy Sheehan
Mayor
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Dear Mayor Sheehan,
I'm sure you are aware that Dr. Poteet has advised us tl-.at he will be stepping down as the
suburban cities representative on the Dallas Central Appraisal District board.
[ am going to be nominating Mr. Bill Binford to fill the position vacated by Mr. Poteel
and would greatly appreciate your support.
Bill is a retired Prudential Insurance Company agent who has lived in Farmers Branch
with his fmnily for the past 45 years. He is currently on the Board of Directors of the
Farmers Branch ttousing Finance Corporation and also the Farmers Branch Industrial
Development Corporation. Always active in his community, Bill was first elected to the
Fan'ners Branch City Council in 1969 and served as Mayor from 1978 to 1982. Bill has
also setw'ed for six years on the Dallas Central Appraisal District Arbitration Review
Board. Bill will serve us well.
Please advise or call me if you have any questions.
Bob Phelps
Mayor
City of Farmers Branch
BP/sp
City of Farmers Branch P.O. I~× 819010 Farmers Branch, hie×as ?15~1B1-9010 972/247-:31~1
Linked in t:riendship with District of Bassetlaw, England, Garbsen and SchiSnebeck, Germany.
]nternet URL . .http://vvww.ci.farmers-branch.tx.us
214 98? 5399
ll/08/01)fTHU,'~0:37 FAX 214 987 5399 CITY OF UNIVERSITY PARK ~002
City of University Park
October 9, 2001
The Honorable Candy Sheehan
The City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Dear Mayor Sheehan:
As you are aware, Dr. Ralph Poteet recently indicated his desire not to serve another term on the Dallas
Central Appraisal District Board of Directors. Our City Council intends to nominate Olin Lane for his
position as representative for the cities of Dallas County.
Olin has been a member of our City Council for the past five and one-half years and has served as Mayor
Pro-Tem for the past two years. He will be leaving the Council next spring as required by our Charter's
term-limit provisions. Olin has a number of specific qualifications that I feel uniquely qualify him for the
position:
A member of the DCAD Appraisal Review Board from 1989 to 1994.
· A lifelong resident of Dallas and University Park.
· B.A. in Business Administration from SMU and M.B.A. in Business from Stanford University.
Business experience in data processing as well as commercial real estate development and
management for over 40 years.
Olin has been an excellent City Councilman - always prepared for his responsibilities - not bashful about
asking tough questions and expecting definitive answers but at all times respectful of other people's point
of view. He takes his commitments to heart and will devote the necessary time to do the job. Olin will
bring experience, talent and knowledge to the Appraisal District Board. I hope you and the members of
your City Council will join with me in support of his nomination.
I know Olin will be happy to meet with you. He can be reached at 214/987-5303.
Sincerely,
cc: City Council
Harold Peek
Mayor
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205-1711 TELEPHONE(214) 363-1644
214 989 5399
ll/08/01~THU.40:38 FAX 214 987 5399 CITY OF UNIVERSITY PARK ~003
OLIN B. LANE, JR.
Residence:
Office:
Phones
Birthdate:
3404 Bryn Mawr, Dallas, TX 75225
10836 Grissom Lane, #105, Dallas, TX 75229
Office: 972-4844311 Home: 214-3634276
August 8, 1933
Education:
University Park Elementary School
Highland Park I-figh School, 1951
BBA- Southern Methodist University, 1955
MBA- Stanford University, 1957
Family:
Wife: Sally Buckley Lane
Son: Darrell Bucldey Lane, wife, Debbie, and two children
Dat~=hter: Lila Lane Bradley, husband, ~ames R. Bradley, and thee children
Texas National Guard, 1957-1963
Employment:
IBM Corp. Data Processing Sales - 1958-1968
Management Systems Corp. - Vice Pres., Operatiom - 196%1970
Lane Properties- Owner, Real Estate sales, development, construction - 1971- present
Community:
Royal Oaks Country Club, President-1981
Treasurer-1980 and 1982
'Board of Governors, 1979-1982
Board of Governors, 1991-1994
Special Care and Career Center -Board of Directors. 1988-1991
Appraisal Review Board of Dallas C~ntral Appraisal District-198%1994
City of University Park Board of Adjustment, Member- 1984-1996
City of University Park Board of Adjustment, Chairman, 1992-1996
City of University Park City Counc'flman-1996=2002
City of University Park Mayor Pro Tempore- 20002002
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, CASTING
ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF
DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT.
WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which
allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of
the Texas Property Tax Code) as follows:
1. The City of Dallas shall appoint one (1) member to the Board.
2. The Dallas Independent School District shall appoint one (1) member to the Board.
3. The Dallas County Commissions Court shall appoint one (1) member to the Board. The
member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of
Dallas or the Dallas Independent School District.
4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right
to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors.
The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and
town being entitled to one (1) vote, the fourth member of the Board of Directors.
5. Each of the independent school districts, except for the Dallas Independent School District,
shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the
Board of Directors. The said independent school districts shall, from the nominations received, elect by a
majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the
Board of Directors.
The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of
those authorized to vote in 4 and 5, respectively, and not by a majority of the quorum, and
WHEREAS, the City of Coppell does hereby cast its vote by marking the ballot below: (Check
one only)
[] BILL BINFORD
[] OLIN B. LANE, JR.
NOW, THEREFORE, BE IT RESOLVED BY THAT THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS does hereby confirm its one (1) vote for the election of
as the suburban cities' representative to the Board of Directors of the
Dallas Central Appraisal District.
43134
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2001.
APPROVED:
day of
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BAI.I ~, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
43134
6~-~~~~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # __~__
CITY MANAGER'S REPORT
Council Goals.
Financial Planning.
Right.of-way Encroachments and Destruction of Public Property.
CITY MANAGER'S REVIEW:
T H · C I T Y 0 I~
COPPELL
REQUEST FORM
CITY COUNCIL MEETING: November 13, 2001 ITEM # _~~
MAYOR AND COUNCIL REPORTS
Ao
Report by Mayor Sheehan regarding Metroplex Mayors' meeting.
Report by Mayor Sheehan regarding Coppell Chamber of Commerce Luncheon
honoring Veterans.
Report by Mayor Sheehan regarding Old Coppell Public Hearing.
Report by Mayor Sheehan regarding Old Coppell Days.
Report by Mayor Sheehan regarding "Heros Live Forever" benefit Basketball Game on
December 8%
Report by Councilmember Stover regarding mentors in middle school.
Report by Councilmember Stover regarding Coppell Education Foundation.
Report by Councilmember Stover regarding CHS sports teams.
Report by Councilmember Tunnell regarding Annual Institute on Planning, Zoning
and Eminent Domain.
Report by Councilmember Tunnell regarding Shop Coppell.
CITY MANAGER'S REVIEW: