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CP 2002-01-08 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 8, 2002 CANDY SHEEHAN, BILL YORK, Place 7 Mayor Mayor Pro Tern GREG GARCIA, Place I MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 DOUG STOVER, Place 5 DIANA RAINES, Place 3 DAVE HERRING, Place 6 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following Ist FI. Conf. Room(Closed to the Public) Work Session Immediately Following 1st FI. Conf. Room(Open to the Public) Regular Session 7:00 p.m. Council Chambers (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, January 8, 2002, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. agO 10802 Page I of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. WORK SESSION (Open to the Public) 3. Convene Work Session A. CIP Overview & Discussion. ~., B. Electronic Agenda Training. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. A moment of reflection in memory of Officer Michael Johns. 7. Report by Coppell Economic Development Corporation. ~ ptt~ ~_ 8. Citizen's Appearances. ! p 4,..~ ~. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 11, 2001. B. Consider approval of a Resolution approving the amended Bylaws of the Coppell Education Development Corporation, and authorizing the /~ f ~.~i ~.$ Mayor to sign. C. Consider approval of an ordinance abandoning a portion of an alley easement located adjacent to Lot 5, Block M of The Meadows ~, p~(,,~f,~ Section IV (719 Meadowglen Circle); and authorizing the Mayor to sign. ag010802 Page 2 of 6 ITEM # ITEM DESCRIPTION Land Use and Development D. Consider approval of an Ordinance for Case No. S-1193, Grandy's Restaurant, zoning change from C (Commercial) to C-S.U.R-1193 I 0 ~Lq¢.~ (Commercial, Special Use Permit.il93), to allow the operation of an / - approximately 3,000 square-foot restaurant on 1.39 acres of property located at the northwest corner of Denton Tap Road and Fitness Court (North Texas Court), and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1196, Chili's Restaurant, zoning change from TC (Town Center) to TC-S.U.P..1196 0 (Town Center, Special Use Permit-il96), to allow the operation of an ~,.~.,~ approximately 3,700 square-foot restaurant with private club to be located in the retail center under construction at 130 N. Denton Tap Road, approximately 160 feet south of Town Center Drive, and authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. PD-133-HC-R3, Community Credit Union, zoning change from PD-133-HC (Planned Development-133, Highway Commercial) to PD-133-HC-R3 (Planned ~ ~ct¢5' Development-133-Highway Commercial, Revision 3)to allow the development of an approximately 6,000 square.foot financial institution on approximately one.and.a-half acres of property located at the southwest corner of S.H. 121 and Denton Tap Road, and authorizing the Mayor to sign. FND OF CONSFNT 10. PUBLIC HEARING: Consider approval of Case No. S-1149R, 7 Salsas Tex-Mex Grill, zoning change request from TC (Town Center) and TC-S.U.P.1149 (Town Center. ~__~OdL~?p,.~ Special Use Permit. Il49)to TC.S.U.P-1149R (Town Center-Special Use Permit-Il49 Revised) to allow a 1,400 square-foot expansion of the existing restaurant and private club located in Eleanor's Square retail center at 230 N. Denton Tap Road. 11. PUBLIC HEARING: Consider approval of Case No. S-1180, Wings to Go, zoning change request from TC-S.U.P-1180 (Town Center-Special Use Permit. 1180) to TC (Town ~fu.c~..~'~"- Center) to rescind the existing Special Use Permit, which allowed for the operation of a 1,440 square.foot Wings to Go restaurant and private club ag010802 Page 3 of 6 ITEM # ITEM DESCRIPTION located in Suite 230 of the Town Center Shopping Center, 106 N. Denton Tap Road. 12. PUBLIC HEARING: Consider approval of Case No. S-1150R, Jay's Seafood, zoning change request from TC (Town Center) to TC-S.U.P.1150R (Town Center-Special / JD~._ ~¢.~ Use Permit-il80 Revised), to allow the operation of a seafood restaurant /--- andprivate club to be located in Suite 230 of the Town Center Shopping Center, 106 N. Denton Tap Road. 13. PUBLIC HEARING: Consider approval of Case No. S-1195, Sprint PCS, zoning change request from TC (Town Center) to TC-S.U.P-1195 (Town Center, Special Use Permit- ~) ~1~' 1195), to allow the construction of a telecommunications tower at Andrew Brown Community Park Central located at 364 N. Denton Tap Road, along the east side of N. Denton Tap Road; north of Parkway Boulevard. 14. Consider approval of the Sherrill Acres, Lot 1, Block 1, Site Plan Amendment, to allow a revision to the attached signage for a veterinary Line Road, east of MacArthur Boulevard. 15. Consider approval of the U-Haul, Lot 1, Block 1, Minor Plat, to allow the development of a mini-warehouse facility on approximately 2 acres of ~ ~~ property located along the south side of S.H. 121,350' east of Denton Tap /'' Road. 16. Consider approval of an ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation Plan by F(1~3' including a Drought Contingency Plan; and authorizing the Mayor to sign. 17. Necessary action resulting from Work Session. 18. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Public Hearings on Frontage Roads. B. Report by Mayor Sheehan regarding Tex 21 Meetings. ~([~p,, C. Report by Mayor Sheehan regarding Guide to Parks and Recreation. D. Report by Mayor Sheehan regarding Adopt a Location Agreement. E. Report by Mayor Sheehan regarding new book from local author. F. Report by Mayor Sheehan regarding Budget Meetings. G. Report by Mayor Pro Tem York regarding Senior Center. H. Report by Mayor Pro Tem York regarding Chamber of commerce. I. Report by Mayor Pro Tern York regarding Police Department. ag010802 Page 4 of 6 ITEM # ITEM DESCRIPTION 19. Necessary Action Resulting from Executive Session. Adjournment. Candy Sheehan, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this day of , 2002, 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). ag010802 Page 5 of 6 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. ag010802 Page 6 of 6 ~6'~~~~~ AGENDA REQUEST FORM ^ 8 , CITY COUNCIL MEETING: January 8, 2002 ITEM # ~5 EXECUTIVE SESSION A. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manaser Evaluation. SUBMITTED BY- Jim Witt TITLE: City Manager INITIALS ~b~~~i~xL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ~ S WORK SESSION A. CIP Overview & Discussion. B. Electronic Agenda Training. C. Discussion of Agenda Items. CITY MANAGER'S REVIEW: -" AGENDA REQUEST FORM '~" CITY COUNCIL MEETING: January 8, 2002 ITEM # ~ ITEM CAPTION: A moment of reflection in memory of Officer Michael Johns. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +k-BID FINANCIAL COMMENTS:%¥ Agenda Request Form - Revised ~/00 Document Name: %johns.doe ~~'~' ~~~ ~ ~ CITY COUNCIL MEETING: Sanuary 8, 2002 ITEM# 7 ITEM CAPTION: Report by the Coppell Economic Development Corporation. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT $ AMT EST $ +X-BID $ FINANCIAL COMMENTS:x3\'Y D IR. INITIALS: ~ FIN. RE VIEW~ CITY MANAGER REVIE ~ 'W.~~ Agenda Request Form - Revised 5/00 Document Name: %bdspt. doc CITY COUNCIL MEETING: January 8, 2002 ITEM 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 Pl0: 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 spedal meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Secti~n~3.12). CITY MANAGER'S REVIEW:~\~_~ CITY COUNCIL MEETING: January 8, 2002 ITEM # q/,~ ITEM CAPTION: Consider approval of minutes: December 11, 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS:~\~ DIR. INITIALS: ~ FIN. REVIEW:,~ CITY MANAGER REVIEW: ~. Agend~ Requ~t Form - Revised 5/00 Document Name: %minutes MINUTES OF DECEMBER 11,2001 The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 11, 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 Bill York, Mayor Pro Tern Greg Garcia, Councilmember dayne Peters, Councilmember Diana Ralnes, Councilmember . ~ Marsha Tunnell, Councilmember .. ~ Also present were City Manager Jim Witt, Cit~.:~'~ LibbTii:~all and City REGULAR SESSION '.ii iii'::.: (Oper~::::t0',the Public)::i.ii M.~y6t:iSh~tSan c~led ........ the!'meeting:"tp:.:~der, der'ermined that a quorum was ~i~?:i ConVeiie Wi~rk se~si'bn :?:'" '.::. ::.~ ..... B. :.i':::)'~:~DiscUssion:..:. regarding the Solicitor Ik Peddler Ordinance. ..:.::.~!-i--::.!.:i:D;" Update on City Road Construction Projects. i :/':--:-::' E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. Pastor Ken Hovland, Rejoice Lutheran Church, led those present in the Invocation. CMl21101 Page lofl4 4. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. 5. PROCLAMATIONS: A. Consider approval of a Proclamation congratulating Philip David Bobo, Richard Edmund Bobo, David Dance, and Brett Titensor for achieving the rank of Eagie Scout, and authorizing the Mayor to sign. B. Consider approval of a proclamation nam~:.~i.':iJanuary 2002 as School Board Recognitton.~::i::~M~h;'''' and authorizing the Mayor to sign ..... :::~ i: :::~ -.;~ ::: -' ':': :' C. Consider approval of a pro~!~at'lon honking W. O. "Buddy" Echols for his 13 yearSi'o.f service t0:::the .Coppell School District and th::~:i, comm~ity~.:i!:and au~0rizing- the Mayor to sign. -:' :-~ -- : ": ::": :~: ~':'::~ : - A. Presentation: ~ ' ':- ::':~ :i-~'~ ..: :.... :..~ ~.. ~ :.:.::'i.-~.'j-:~M~5~o~['~Shed~an read ~he p~O¢l~atiOn f0~::: the record and presented a :~!:~.?..::":~roclh~_tion-ieach. [6:~. Philip: iDaVi~:::.:iB~bo,; ~chard Edmund Bobo, David -.-:.: Danc~.:~d i3i~etti'$it~hsor... " ~: i.:::: :':" Action~:i ' :~i- Coun~ii~ember St~ei'~'moved to approve a proclamation congratulating :.::' PhiliP i::"~avidi:.'~:::13obo;' Richard Edmund Bobo, David Dance, and Brett :: ':f- Titensor forjiai~hieving the rank of Eagle Scout, and authorizing the Mayor .':i-.:i!:.::~il .~ itO~ii$1gn. C°uncilmember Raines seconded the motion; the motion carried "!:::::"::.'~0::':-:With Mayor Pro Tern York and Councilmernbers Garcia, Peters, :~.::[: i'.!"~..:: :iRaines, Tunnell, Stover and Herring voting in favor of the motion. B. Presentation: Mayor Sheehan read the proclamation for the record and presented the same to Cindy Warner, Dianne Miller, Kathy Gautille and Mike Arthur, members of the Coppell School Board of Trustees who were present. CMl21101 Page 2 of 14 Action: Councilmember Stover moved to approve a proclamation naming January 2002 as School Board Recognition Month, and authorizing the Mayor to sign. Mayor Pro Tem York seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. C. Presentation: Mayor Sheehan read the proclamation for the record and presented the same to W. O. "Buddy" Echols. :~ :' Councilmember Stover moved to approve..:~:ip~c!~fion ~::0~oring W. O. "Buddy" Echols for his 13 years of servicei:tOithe Coppell ::~chool District and the community, and autho[i~ing the i~yor to sign. M~yor Pro Tem York seconded the motion; the motion canSed :7~0 with l~[ayor Pro Tem York and Councilmembers Garcia, PeterS;';.iR~fi~s, munne!l, Stover and Herring voting in favor of the mOtiOn. ~.:.' ::':: ': ' ' ~.. gp~Ug Glantz~ :Ghai/'i:-.gaVe::the Board's ii~epO~'idiscuS:sing trends in usage, Library s~aff and their Woi-k:~:~ the goalS::iSf the Libi~m'y Board. N°-'one s~ed '~'::":~ ... up.~;o'speak under this item. C0NS~N? AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 13, 2001. B. Consider approval of proposed Change Order Number One to the Texas Unified Constructors Contract for the CMl21101 Page 3 of 14 Construction of the Service Center, in the amount of $42,561.00, and authorizing the City Manager to sign. C. Consider approval of extending Bid/Contract #(~-0101-03 for the FY2001/02 Sidewalk Replacement Pro,ram to (~uantum Contracting Inc. in an amount not to exceed $120,000 as budgeted. Land Use and Development D. Consider approval of an Ordinance for Case No. S-1194, Frost Bit es, zoning change request from . PD-178R {Planned Development-178R) to PD- 178R+S;~i;:P- 1194 operation of an Italian ice cream sh~Pi.~[o b~ located in the Town Center West Retail Cente~'~'at! 171 N.:.::.'Denton Tap Road, and authorizing the MaY0~'~t~'Sign. E. Consider approval of!~an Ordin~nce-'-.f0r Case:J?No. PD-194, AmberPoint Businessi:P~k, zoni~!:::Cl~ange read'est from LI {Light InduS~al) to P~i94-LI {pl~nned Devei~.i~ment-194, .: ~i.:~:..:.Light !~d~iri~l} .to ail0~:for an[~ffice/wareh~ie business !"!. :L~ne i~hd:iS~it~e Road,:-~and:-.'~Uth6~tZing the Mayor to sign. .::::~Mayot~Sheeh~ ad~iSed~ that page 16 of the minutes should be amended J~i[- to haVi/ the~!.:iword. S:~"but not limited to" stricken from the bottom '::-::: paragi'hph.-: "Councilmember Stover stated that page 4 should be :.::: :~. :~ amended tO'correct Mayor Pro Tem Tunnell to Councilmember Tunnell. ~' ~:. ~iii i-':M~tYor Sheehan asked City Manager Jim Witt to go over the proposed :::::: - change order for the service center. City Manager Jim Witt covered the items listed on the change order. Action: Mayor Pro Tem York moved to approve Consent Agenda Items: A with corrections, B, C, D carrying Ordinance No. 91500-A-309 and E carrying Ordinance No. 91500-A-310. Councilmember Stover seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and CMl21101 Page 4 of 14 Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 9. Consider approval of a Resolution entering into a Tax Abatement Agreement between the City of Coppell and KPT, Inc., and authorizing the Mayor to sign. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Action: -:-~ :~ :~- :-' --':-~'::' Mayor Pro Tem York moved to approve Res~B;lfi0~i :NO~:i:::i~i2001-1211.1 entering into a Tax Abatement Agreemer![?~b~!~ee/i ::the City of Coppell and KPT, Inc., and authorizing the Mayor:::i~ iiign. Council~ember Peters seconded the motion; the motio!! ~carried~ 790 with Mayor:~'i~o Tem York and Councilmembers Garcia, P~rs, Rain~; .Ttinnell, Stov~i!iand Herring voting in favor of the motion. -~:~" ' ::' ................ ~. ~ 10.. :..c~hSider aPP~l~!~f a R~Solutton a~ending and ~restating the ..i i'~.iiiii?.~i~'!~':~b.ate~ent A~eement.:be'tween(.the City of Coppell and ::": ::i' ~":'"Dese~::ic°ppell:~::LLC'' dated)De~imber~-8, 1998, and authorizing :'~ the M~yor::~'o.'~t~: ~':' -~:-:-~:- :' ~esentation.: ::~ ::..: ::.. -~ :~ .: .:. ~ !-!: :.. :-:: '.~-.:: :: :. : : "~-;~: Oary::.:!-S!eb,-!DirectOr::~f Planning and Community Services, made a . ii .i. preseni:ation! ~o the Council. ~::-:::.::-:--'Mayor Pro Tem York moved to approve Resolution No. 2001-1211.2 amending and restating the Tax Abatement Agreement between the City of Coppell and Desert Coppell LLC dated December 8, 1998, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tern York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. CMl21101 Page 5 of 14 11. PUBLIC HEARING: Consider approval of Case No. ~t-1193, Grandy's Restaurant, zoning change request from C {Commercial} to C-S.U.P.-l193 (Commercial, Special Use Permit-Il93), to allow the operation of an approximately 3,000 square-foot restaurant on 1.39 scres of property located at the northwest comer of Denton Tap Road and Fitness Court {North Texas Court}. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. :. : :i:~! . ~':: ':: 51::..':: Mark Wainscott, representing the Applicant, addressed;~h~i'q~'bstion of hours and shrubbery. :.~ Public Hear : : :-.':. :..:: ':- -:: ::' i. Mayor Sheehan opened the Public Hearing:and.advised that one person had signed up to speak on thiS:: iSi-Oposal. -.i::i':.: ::' ~.i :~' ~:':~:":' 1. George ...................... , AttO~'~5/i- addregSed Council ~0gcerning the F~?!Y .......... .. :. :. .: ............ .:. :.::--:..north: dril{e~ay~i:and th~:. l~tier of ~i~test from the::':~Owner of the :::. :::.::~:: i.?~::i .~':i:::i:prop~:!fl6~th~:'~i~ the subjec~mct. ~ues Dlscu~sedi: :.':i' -':-':: :: '::' ~ ...... ~ ~ :" ~ ~' :'~-::"- :-:':~::' The l~ti~er 0f:.i~i~0~; and.':::~he fact:~-the protest was a private dispute :.::~-"' betwei/ri:, th6'pi-op~t~ owners; the maintenance of the future phase piece ..:;: i.: of property; 'hours of Operation; placement of the disabled parking. ACtion: :..- ~: i~:.:.i':.: :....::M~i: Pro Tem York moved to close the Public Hearing and approve: ':: :.':!!:i:!?~:item 11 Case No. 8-1193, Grandy's Restaurant, zoning change request from C (Commercial) to C-S.U.P.-l193 (Commercial, Special Use Permit-il93), to allow the operation of an approximately 3,000 square-foot restaurant on 1.39 acres of property located at the northwest corner of Denton Tap Road and Fitness Court {North Texas Court) subject to the following conditions: CMl21101 Page 6 of 14 1. Substitute or provide additional shrubs along the south side of the retaining wall that will provide a solid landscape screen (i.e. Nellie R. Stevens or Dwarf Burford Holly); 2. Hours of operation shall be limited to 5:00 a.m. to 12:00 midnight seven days a week; 3. The development of this property shall be in accordance with the site plan, elevations, floor plan and sign plan; and 4. Move the disabled parking down to the other end of the same parking aisle. and Grandy's Addition, Lot 1, Block 1, Minor i~i~t~iitio:'~low the a~Velopment of an approximately 3,000 square:tc~ot resta~:~t on 1.39 aC~S of property located at the northwest corner i0f Denton?Tap-Road and~i::Fitness Court .: :..: .... -.:. . ...~-.:- :::.:.:.?.:: . .: : . -! ~'~.!~ . Councilmember.-G~i seconde~':-tl~e moti0i~i the motion C~iied 7-0 with and Corinailmerribers Garcia, l~eiers, Raines, ~: ':-~nrietl, sto~i~ and ~iring ~°ting in!' fav°i~: 6f the motion. :-. : ....... --:~ ~. . ............ : ...... ~'~':: . :.:.:. :.! ~ . . :. :.. ~-.. ..~ ~.~ ~ .... ...: : : ....... ~ ... :. ~ ~ ~ : -:: : :.:- ":~: ::!ti' Minor:! ~Plati:i~/':~:0?i~11ow .~e development of an approximately :~ :~' 3,000.~isqua~e-fo~'ii~est~tant on 1.39 acres of property located i'ii'at th~i!nor~iWest ~:~er of Denton Tap Road and Fitness Court Ti~s ~ite~::!~s considered under Item 11. See ~tem 11 £or minutes. . :: .!:-!..: ::- ~-.-- PUBLIC HEARING: Consider approval of Case No. S-1196, Chili's Restaurant, zoning change request from TC [Town Center} to TC-S.U.P.- 1196 (Town Center, Special Use Permit-Il96), to allow the operation of an approximately 3,700 square-foot restaurant with private club to be located in the retail center under construction at 130 N. Denton Tap Road, approximately 160 feet south of Town Center Drive. CMl21101 Page 7 of 14 Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Karin Sumrall, representing the Applicant, answered questions of Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Issues Discussed: . ..: ..:-.:::.:..- Hours of operation. --: ': : ~:~: "':"::-:~ Action: :.. :..:: i:.i..:-~ : :-::: Councilmember Stover moved K0' close th~/Public Hearingii~and approve Case No. S-1196, Chili's RestaUrant, z0fiigg~:'~hange re~est from TC (Town Center) to. TC:S.U.P.-~::!i96. (Town?ii::~fi:[er, Speci~:.ii~::Use Permit- 1196), to all.0~qi.~ih~:.~:';SperatiOr~ 0fan approximately 3,70~:.square-foot ..:reStaUrant ..v~ith:~:Pfi~(ate clul~-:to~ ::he. loca~e/i in the retail' center under -:i-i"::'::e~§t~ction:at'"i30 R;.'Dentofi~[TaP-Road, ~proximately 160 feet south of :i~ :..~' ?Tb~h::~ent~::Drive, Sabject t~:~he':'f6!~!~wing:~onditions: :'~.:: 1. :~The h0iirS:: 6f.'0Perati0~:::beingi~:!~ited to Sunday through Thursday :'" :: ' i:!!00'iajn. ~t~.t2:00.~idnight'"and Friday and Saturday 11:00 a.m. ::: :.to ::1:00 ::a ~: and .: 2. :::'The d6velopment of this property shall be in accordance with the : . . revised ::site plan, elevations, floor plan and sign plan, as revised. !:~. !'::"~.~6~i4cilmember Tunnell seconded the motion; the motion carried 7-0 '::' i.:..:::':::.:~th Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, ::: - Tunnell, Stover and Herring voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of Case No. PD-133-HC-R3, Community Credit Union, zoning change request from PD-133-HC (Planned Development-133, Highway Commercial) to PD-133-HC-R3 (Planned Development-133-Highway Commercial, Revision 3) to allow the development of an approximately 6,000 square- CMl21101 Page 8 of 14 foot financial institution on approximately one-and-a-half acres of property located at the southwest corner of S.H. 1~.! and Denton Tap Road. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Gary Weeter, Architect, answered questions of Council. Public Hearing: . Mayor Sheehan opened the Public Hearing and advised:: :t~ati?o' :.one had signed up to sPeak on this proposal. ..'~: i!-.~'' Issues Discussed: " ---- Deceleration lane; dumpster location; the! tightness of-~the sight and number of drive-thru lanes. '. ~ ~ : ::: ':....:.::':i'!'i Action: ........ . ~-... :.i-.. ~-. ..~ ~.: . ~. :..: . ::.Mayot:i. Pro :.Te~~ Y:Oiq~' moved!.ii~o :-~i~Se th~i-'~Public Hearing and approve :. ;?~'::i'~:.~e:.::~.-~o. pD-133-HCzR3, :COmffi~hity-i~edit:.:..:. Union, zoning change " Commer.cial;::.-:.Re~is!0n 3) toi~allow the: development of an approximately -'~- 6,000~ ~quat~:f6oi :!financiai?instituti°n: .::. on approximately one-and-a-half ". :. acres.-Of~property located at the southwest corner of S.H. 121 and Denton i~.. Tap Roid, s~bject t°iihe fOllowing condition: i i::1..~ i.:Verifica[ion from TxDot that the driveway off S.H. 121 will be i. ~:.:i: :: ::.::?:.??:.'permitted, and if a deceleration lane will be required to serve that Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 15. Consider approval of the Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan, to allow the development of an approximately 10,100 square-foot retail building on approximately one-and-a-half acres of property located at the CMl21101 Page 9 of 14 southeast comer of S.H. 121 and Denton Tap Road, at the request of Enoch, Inc. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Issues Discussed: Landscape being signed off by registered architect and fire lane. Action: : :: '::'-!. Mayor Pro Tem 'York moved to approve: .:. i ~::.:~.::~::i:[:j::j.- Item 15 ...~ ..... Dynasty Cleaners Addition, L0t~i' 1, Block-~ 1, Site Plan, liii~o allow the development of an approximate~ 10,100!i:~irtum-~-foot retS:: building on approximately one-and-a-half ~.s of pr~e~:ii0cated a[i~e southeast corner of S.H. 12.!::~: Denton ~aF:Road, iai} ~he:'request of':~och, Inc. --:~ DynaSty-~: Cl~e~ ~Additionii~i:'Lot 1,::"'B10ck 1, Minor Plat, to allow the "~' ' devel°i~ent:."6f' ~' :approXimately 10,100 square-foot retail building on '?.:: approffimatelT, one~and-a-h~f acres of property located at the southeast . .:. corn~i~fS.H~::~:121 ~d~:Denton Tap Road. . :. ;'. Councflmember Raines seconded the motion; the motion carried 7-0 with ::::~:-...M~i: Pr°Tem York and Councilmembers Garcia, Peters, Raines, ' :!:?: ii..ii'Tii~nell, Stover and Herring voting in favor of the motion. 16. Consider approval of the Dynasty Cleaners Addition, Lot Block .1' Mtnor Plat, to ~low the development of apprommately 10,100 square-foot retail buildln~ on approar, lmately one-and-a-half acres of propead:y located at the southeast corner of S.H. 121 and Denton Tap Road. This item was considered under Item 15. See Item 15 for minutes. CMl21101 Page 10 of 14 A short recess was held at this time. 17. Consider approval of bid number I~-1001-02 for the expansion of the parking lot at MacArthur Park, in the amount not to exceed 111249,173.00, and authorizing the City Manager to sign. Presentation: City Manager Jim Witt made a presentation to the Council. Brad Reid, Assistant Director of Parks and Leisure Services,. made a presentation to the Council. ~ :.:.' Gary Sims, Director of Parks and Leisure Servic~i':::.i~ered some questions of Council. : i::: :ii ::--i:' .:: Issues Discussed: '. ::::~':- - .: ::~. Replenishment of the $21,000;' :question~ii~iiegarding the i~ount of the bids; questions regarding the.i'.~reeme~;::i:!~et~een the::.::iCity and the Church; the am0.!~r!t..budgete~.:t~.this ptqjiet'; parking a~ilAndy Brown west;., landscaPiiig'!i.~0Sts; pq'Ss!b[~, joinl!.iParking agreement between ':::~i'Mayoff~:.~o T~ffi!:YiS~:k move~i:'to apP}°~;e bid number Q-1001-02 for the :--- expansion o!i'.the-b~king .i0~ at MacArthur Park, in the amount not to '::. exceed.i!:.i$24~9:,:173100;~:., and':: authorizing the City Manager to sign. .:::: Couneiimernber Tu:rih~ll 'Seconded the motion; the motion carried 6-1 -::i: with:-Mayor:~o Tern'York and Councilmembers Garcia, Peters, Raines, :~-:~..Tun~etl andi..Stover voting in favor of the motion and Councilmember ':!:.:i:.. ::He~g voting against the motion. Consider approval of awarding Bid/Contract #q-0901-04 for the construction of the Meadowcreek Drainage Project to R-Con, Inc. in the amount of $129,782.00 as funded in the 1999 Capital Improvement Program; and authorizing the City Manager to sign. CMl21101 Page 11 of 14 Action: Councilmember Tunnell moved to approve awarding Bid/Contract #Q-0901-04 for the construction of the Meadowcreek Drainage Project to R-Con, Inc. in the amount of $129,782.00 as funded in the 1999 Capital Improvement Program; and authorizing the City Manager to sign. Mayor Pro Tem York seconded the motion; the motion carried 7-0 with Mayor Pro Tern York and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and Herring voting in favor of the motion. 19. Consider approval of a Resolution opposing any action by the Texas Transportation Commission {TI'C) to eliminat~i.i~ontage roads from roadway projects being planned~...~..~:::::.!~.:~iqt!estlng action by the TTC to retain current...:~.~o~t'i:.'!!:'ip'articipation ~uldeltnes for addition of frontage roads~ ::~ ~'e~t't~ roadways, and authorizing the Mayor to sign. ............. . .' :: !':.: ::i ::::' :~ ::':.!.ii' Action: ' ::- Mayor Pro Tem York moved to appr0~ii:-Resolu~i~!i:~N0~,i' 2001-1~::.!~:~.3 opposing any action by the rexes: i~sportat~h~:.~ommi~O/i' '(TI'C) to elimi!!ate frontage roads fro~:::roadway..:!p~isje~:-being :i.planned and:-?equesting act~bh: by the TTC to .ret~g:!:~ii~ent"C~t'!'piitrti~ipationiguid~l~nes for:addition of frOntage roads to ~qffi~!~g ~r6g~!~aysi-'iand authorizingilthe:.:M~gor t0'~:~!gn. Councilmember Herring sed6iided the :motion; the:, :.~otion:.'C~H~l~:. 7-0 :wlth Mayor Pro Tem York and C'6Uncilmernb~rs G~cidi' ?~ters, R~iles, ~hneii:;"stover and Herring voting in fm;°r of the ~iStiofi:.! :: ~: !: ~'-:~ ~ ~: ..... 20i NeceS~'aryi:'~Ction ~re~ultlng from Work Session. T.~ere w~si'g0 actioh~'necessary under this item. 21i;:.'~":::City Manager's Report. : A. 8B-1074 - Racial Prof'ding. B. Coppell Education Development Corporation Update. A. City Manager Jim Witt advised that the Police Department would be making annual reports to the Council regarding Racial Profiling beginning March of 2003. B. City Manager Jim Witt updated Council on the CEDC grant process. CMl21101 Page 12 of 14 22. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Heroes Live Forever Basketball Game. B. Report by Councllmember Raines regarding National League of Cities. C. Report by Councilmember York regarding Texas Municipal League. D. Report by Councilmember York regarding the Holiday Season. E. Report by Counctlmember Peters regarding North Texas Commission meeting concerning Airport Security. F. Report by Counctlmember Peters regarding::.ii:.!iCoppell Economic Development Corporation Mee~i.~i-:~?~-i~ii~!.~?ii ~i":: G. Report by Councilmember Peters regardl~l~:.i~O'rth Texas A. Mayor Sheehan reported that the Heroes..i~e" Forever BaSKetball Game was a big success which ralsed.::.$18,ooo :~d thanked alli:.~e ..... volunteers who help make the event hapPC'~?and the-i~opp~!l Firefighi~ts and Police Officers for their participation. ~::i.:.:~ ii-:- ~:i ~i:. i:. ii.i? i' ..? :.i~.i B. Counfilmemb~ri:.Rai~s advised~''sh~i~ had ~[ended the Nat{bhal League of ...-C~':.::in At!~!a:::'~' with::'MaYcn~ iSheehi~, Mayor PrO:Tern York and ...~ .i..::. i.i.C0Uh~iimerni~er Tunxieil and :iit.~S~?-a go(~a~ learning experience for her. :!': :i: ::-i: i:Couhcilinemtser Tunh~il stat~i::~ i~d gOi[~n a tape regarding e-gov and :~':i.:one re~di~g::~.t~h~.::'.~6ilding-::'~f::'quali~i'..Co~rnunities and simplifying the ::':-~:~ zoning~::i~rdih~C~il :~.:::Mayor i~'Sheehan'i:i-~Ported they had also attended a :..: .~session ::Calle~!i.'Guar/iing tkO: Local Checkbook." ~?-::May0~iii~o ii~m Yo~":a~ted the Texas Municipal League was held in -::'~HoustOn and'i he had attended along with several staff members. He !": stat~'ither~:: ~as a panel discussion in which Deputy City Manager Clay :'::". :.phffiiPs and Fire Chief Robert Kruse were on the panel representing their ~: :.~ ::~.:::: iii~.i~h~Ughts and ideas regarding SB 382 and he commended them on an ..: .: ~.'~ :?.::excellent job. D. Mayor Pro Tem York wished everyone in the City of Coppell a wonderful and safe holiday season from himself and Mayor and Council. E. Councilmember Peters reported she, along with Councilmember Raines, City Manager Jim Witt and Deputy City Manager Clay Phillips, had attended a North Texas Commission briefing on aviation security initiatives. CMl21101 Page 13 of 14 F. Councilmember Peters advised that the Coppell Economic Development Corporation held their regular meeting on December 5th where they discussed the Chamber's role in economic development and retention. G. Councilmember Peters stated several of the North Texas Charities were hurting this year and were trying to serve more families in need and urged those who could to make donations. EXECUTIVE SESSION (Closed to the Public) 23. Convene Executive Session. A. Section 551.074, Texas Government Code .~ ~'P~rsonnel Matters. :: :-i:.C i. i~'i '! --'~ -i 1. City Manager Evaluation. :.:'i :.:i;'?~!]-::'-;:i. Mayor Sheehan convened into Executive Session..i~:::~.~[~:~:ii:.m. aSi~lowed under the above-stated article. Mayor Sheehan adjo~!~ed the Execu~ve Session at 11:00 p.m. and reconvened into Regul~:: Sessiom-:':." ~ :::: ......: ':' ! !'! ': ':::'::::i ':' :--: - REGULAR SESSION ~.~ !..~:.: .~ -" (Ope~:~i/the PubliC)?: 24.. ::.!'N~:Ce~sary :At/tl0n Resulting frbm ExeCUtive Session. ~h~i~ was fio:i~/cti0n:::r~~ unti~r !this:item. ';~: There being"riO fu~er buSinesS:~'to come before the City Council, the meeting ~s dj rn~d~ ..... a ou .-: -~ ::': ::~ i-.: :. ~- i ~..:i' ......... ~. ~ ~...: ~:~ Candy Sheehan, Mayor :ATTEST: Libby Ball, City Secretary CMl21101 Page 14 of 14 'I-' H £ C I T Y 0 F COPPELL AGENDA REQUEST FORM *~'T-~r''~r~'~Y.;~~~CITYCOUNCILMEETING:January8,2002~ , . ~ ITEM# ITEM CAPTION: Consider approval of a Resolution approving the amended Bylaws of the Coppell Education Development Corporation, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +k-BID $ \ FINANCIAL COMMENTS :ta\¥ DIR. INITIALS: FIN. REVIEWt..~ CITY MANAGER REVIE Agenda Request Form - Revised 5/00 Document Name: !Bylaws COPPELL EDUCATION DEVELOPMENT CORPORATION OCTOBER 17, 2001 MINUTES The Coppell Education Development Corporation met at 6:30 p.m. on Wednesday, October 17, 2001 at Coppell Town Center, 2na Floor Conference Room, 255 Parkway Boulevard, Coppell, Texas 75019. The following were present: Quay Bratton, Betty Carter, Jerry Coker, Ann Golding, David Hermanski, Tiffany Pittman, Peggy Quinn, Jim Witt and Kathy Bowling. 1. Call to Order. Jim Witt called the meeting to order at 6:35 p.m. Jim said the CEDC was subject to all Texas Open Meeting Laws. Citizen Appearance may be placed on the agenda, and they may be allowed to speak for two minutes. Roberts Rules should be observed, with motions being made and seconded before voting on them. Jim reminded everyone that Council is very concerned about attendance, and after missing three meetings members would be removed. Jim said that since Coppell is the first 379A Corporation in the State, we would be closely scrutinized. 2. Nomination and Election of Chairperson. David Hermanski noted that the Bylaws stated they should be President and Vice President, and a Secretary also needed to be elected. David Hermanski made a motion to nominate Jerry Coker, and Peggy Quinn seconded. The motion carried. 3. Nomination and Election of Vice-Chair. Peggy Quinn volunteered to be Vice President, and Betty Carter seconded. The motion carried. Pe~_.ggy~QUiml nomi~latc~ C~a~. er as Secretary, and Quay Bratton seconded. T~tion-earned. Review of Bylaws and Articles of Incorporation. "~ "?David Hermanski stated that the terms in Section 1 on i~ge 2 of the Bylaws are reversed. / According to the Articles of Incorporation, three board m~mbers should serve one-year terms, and four members should serve two-year terms. Peggy Quinn said that Section 8 (b) of the Bylaws states "computer technology," while the articles state "career technology." Quay Bratton made a motion to amend pages 2 and 5 to agree with the ' Articles, and then to accept both the Articles and Bylaws./Tiffany Pittman seconded the motion. The motion was carried. / 5. "'--P~view of Financial Revenues Jirn~N4~tated that it is expected that $1.75~ai~on will be collected beginning in January 2002. t'u'nd~ ,rill not bc availabl~ until early March. Coppell ISD will be allotted 91-92%, Carrollton-Farmers Branch ISD 8.5%, and the balance to Lewisville. Jim Witt said Finance Director Jennifer Armstrong will be available for quarterly reports to this Corporation. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE AMENDED BYLAWS OF THE COPPELL EDUCATION DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about October 17, 2001, the Board of Directors of the Coppell Education Development Corporation reviewed the Bylaws and Articles of Incorporation of the Board and located inconsistencies in thc two documents: and WHEREAS, the Board of Directors has made recommendation to amend the Bylaws to be consistent with the language in the Articles of Incorporation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas, hereby approves the Amended bylaws of the Coppell Education Development Corporation, a true copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 2. This Resolution shall become effective immediately from and after its passage, as the lw, v and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the day of ,2002. APPROVED: CAN-DY SHEEHAN, MAYOR A'ITEST: APPROV~~~RM: LIBBY BALL, CITY SECRETARY A (REH/cdb 1/2/02) 45290 BYLAWS OF COPPELL EDUCATION DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article 4.02 its Articles of Incorporation, the same to be accomplished on behalf of the City of Coppell, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Better Jobs Act and Municipal Education Development Act of 2001, as amended, T£XAS Loc.4t, GOVERNMENT CODE §379A, as amended, and other applicable laws. Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 379 A of the TEXAS LOCAL GOVERN.%'IENT CODE and the Article IV, Purposes of its Articles of Incorporation, and in other applicable law, subject to the limitations prescribed herein. Section 3. Gender. The use of words in the masculine gender include the feminine also, unless by reasonable construction it appears that such was not the intention of the language. ARTICLE II OFFICES Section 1. Principal Office. The principal office of the Corporation in the State of Texas shall be located at 255 Parkway Boulevard in the City of Coppell, Dallas County, Texas. Section 2. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Nonprofit Corporation Act. The registered office may be, but need not be, identical with the principal office of thc Page 1 422oo Corporation in the State of Texas, and the address of the registered office may be changed from time to time by the Board. ARTICLE III The Corporation shall have no members or stockholders. ARTICLE IV BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restriction imposed by law, by the Articles of Incorporation, and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "Council") of the City. All members of the Board must qualify in accordance with Section 379A.021 of The TEXAS LOC.,-XL GOVERNMENI CODE. The City Council shall consider an individual's experience, accomplishments and educational background in appointing members to the Board to ensure that the interests and concerns of all segments of the City are considered. (c) The directors constituting the initial Board shall be those directors named in thc Article of Incorporation. In order to establish staggered terms, the initial three (3) board members appointed at large shall serve one (i) year terms, the four (4) members shall be appointed to serve two (2) year terms. Thereafter, each successor member of the Board shall be appointed and shall serve for two (2) years or until his or her successor is appointed as hereinafter provided. (d) Any director may be removed at will by the Council. Page 2 42:00 Section 2. Meeting of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation as specified in Article II of these Bylaws. Section 3. Open Meeting Act. All meeting and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meeting Act, Section 551.01 et seq., TEXAS LOCAL GOVERN.'MiENT CODE, as amended. Section 4. Notice of Meetings. To the extent that the Open Meeting Act conflicts with the provisions of this section, the Open Meeting Act shall govern. (a) Regular meetings of the Board shall be held without the necessity of written notice to the Directors at such times and places as shall be designated from time to time bx.' the Board. Special Meetings of the Board shall be held whenever called by the president, by the secretary, by a majority of the directors, or by a majority of the City Council. (b) The secretary shall give notice to each director for an.,,.' emergency meeting in person or by mail, telephone or telecopier, at least two (2) hours before the meeting. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon consistent with applicable law. (c) Whenever any notice is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on Page 3 the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of the director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objection m the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or person entitled to said notice, whether before or after the.time stated therein, shall be deemed equivalent to the giving of such notice. Section 5. Ouorum. A majority of the directors shall constitute a quorum for the conduct of the official business of the Corporation. The act of a majority of the board (4 members) at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation unless the act of a greater number is required by law. Section 6. Conduct of Board. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board or the law. (b) At all meetings of the Board, the president shall preside, and in the absence of the president, the vice president shall exercise the powers of the president. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. (d) A director may not vote or participate in a meeting by proxy. Page 4 422oo Section 7. Compensation of Directors. Directors shall not receive a salary or any other compensation for their service as directors. However, directors may be reimbursed for their actual expenses incurred in the performance of their duties subject to approval of City Council. Section 8. Powers. A. The Corporation shall have only those powers set forth in the ballot giving rise to the Corporation and stated in the Articles of Incorporation of the Corporation which are the following general powers: To provide grants of sales tax proceeds to publicly fund education institutions for programs for the promotion of a skilled workforce: (a) literacy; (b) career technology; and, (c) foreign languages. B. All grants made by the board of Directors shall be made to publicly fund institutions in proportion to the number of students of each publicly funded institution located within the corporate limits in accordance with total enrollment figures as of January 15 of each calendar year. ARTICLE V OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. Terms of office shall be one (1) year with the right of an officer to be reelected. Page 5 42200 (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. President. The President shall be the presiding officer of the Board with thc following authority: (a) Shall preside over all meetings of the Board. (b) Shall have the right to vote on all matters coming before the Board. (c) Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board. (d) Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. (e) Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above mentioned duties, the President shall sign with the Secretary of the Board, contracts, or other instruments which the Board has approved and unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board. Section 3. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's Page 6 42200 absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the president's absence or inability to act at the time such action was taken. Section 4. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the papers as the Board may direct, all of which' shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 5. Chief Financial Director. There shall be a Chief Financial Director of the Board, which is an ex-officio member of the Board, and shall be the Financial Director of the City of Coppell as appointed by the City Manager. The Chief Financial Director shall have the responsibility to oversee the handling, custody, and security of all funds and securities of the Corporation in accordance with these Bylaws; and, shall see to the entry in the books of the Corporation full and accurate accounts of all monies received and paid out on account of the Corporation. The Chief Financial Director shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such form and amount as the Board or the Council may require. Section 6. The president, each vice president, and the secretary shall be named from among the members of the Board. Page 7 42200 Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they may be reimbursed for their actual necessary expenses incurred in the performance of their duties hereunder, subject to the approval of the City Council. Section 8. Contracts for Service. The Corporation may contract with any qualified and appropriate person, associated, corporation or political subdivision, municipal corporation or other governmental body to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy-making functions in discharging the duties herein above set forth in this section. ARTICLE VI FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. General Development Plan. The Board shall research, develop, prepare, and approve, an education development plan for the Corporation, which shall include proposed methods and the expected costs of implementation. The plan shall include both short-term and long-term goals for the education development to promote and ensure a skilled workforce. Section 2. Annual Corporate Budget. (a) On or before November l of each year, the Board shall prepare or direct the preparation of: (i) an annual performance review and evaluation; (ii) a projection of goals and programs for the coming year; and, (iii) an annual budget of expected revenues and proposed expenses. Page 8 42200 The report shall be submitted to the City Council and the City Manager of the City of Coppell at either a regular or special meeting of the City Council no later than December 15. (b) In addition to the annual evaluation and budget, the Corporation shall submit either written or verbal reports of activities and financial matters to the City Council and City Manager of the City of Coppell quarterly and in no event less than required in Section 379A.025 of TEXAS LOCAL GOVERNMENT CODE. Section 3. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. The Corporation may enter into one or more agreements with the City of Coppell to obtain financial management and accounting services upon terms, conditions and compensation as mutually agreeable. (b) The Corporation shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm approved by the City. Such audit shall be at the expense of the Corporation. (c) All other monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall delegate the responsibility of investing funds of the Corporation and reconciling accounts of the Corporation to the Finance Department of the City of Coppell. Section 5. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to the Act, monies derived t¥om the repayrnent of loans, the proceeds from the investments of funds of the Corporation, and/or gifts may be Page 9 42200 expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (i) Expenditures for the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures or other agreements submitted to and approved by the Board. (ii) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws. Section 6. Conflicts of Interest. A Board member, officer of the Corporation, or member of the City Council may not lend money to and otherwise transact business with the Corporation except as provided in the Bylaws, Articles of Incorporation, and all applicable laws. The Corporation shall not borrow money from or otherwise transact business with a Board member, officer, committee member of the Corporation, or a member of the Coppell City Council unless the transaction is described fully in a legally binding instrument and is in the best interest of the Corporation. The Corporation shall not borrow money from or otherwise transact business with a Board member, officer, or member of the Coppell City Council without full disclosure of all relevant facts and without the approval of the Board, not including the vote of any person having a personal interest in the transaction in accordance with the conflict of interest statutes of the State of Texas. Section 7. Gifts. The Board may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Corporation and be distributed or utilized in compliance with Section 379A of the TEXAS LOCAL GOVERNMENT CODE, Referendum approving the sales and tax use, the Articles of incorporation and these Bylaws. Page I0 42200 ARTICLE VII MISCELLANEOUS PROVISIONS Section 1. Fiscal Year. The fiscal year of the Corporation shall be January 1st tO December 31st. Section 2. Seal. The Board may provide for a seal. Section 3. Resignation. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time is specified, at the time of its receipt by the president or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 4. Approval or Advice and Consent by the Council. To the extent that these Bylaws refer to any approval by the Coppell City Council or refer to advice and consent bv the Coppell City Council, such approval, or advice and consent shall be evidenced by a certified copy of a resolution, order, or motion duly adopted by the Coppell City Council. Section 5. Services of City Staff and Officers. Subject to approval from the Coppell City Manager, the Corporation shall have the right to utilize the services of the City personnel, provided (i) that the Corporation shall pay reasonable compensation to the City of Coppell for such services, and (ii) the performance of such services does not materially interfere with the other duties of such personnel of the City of Coppell. Section 6. Indemnification of Directors, Officers and Employees. (a) As provided in the Act, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter i01, Texas Civil Practices and Remedies Code, as amended), a governmental unit and its actions are governmental functions. Page 11 42200 (b) The Corporation shall indemnify a person who was, is or has been threatened to be made a named defendant or respondent in a proceeding because the person is or was a Board member, officer, or agent, but only if the determination to indemnify is made in accordance with the provision of Texas Tort Claims Act. (c) The Corporation may purchase and maintain insurance on behalf of any Board member, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person and incurred by that person in any such capacity or arising out of any such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. ARTICLE ¥III EFFECTIVE DATE, AMENDMENTS, AND ARTICLES AND BYLAWS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the adoption of these Bylaws by the Board; and (2) the approval of these Bylaws by the Coppell City Council. Section 2. Amendments to Articles of Incorporation and Bylaws. These Bylaws may be amended or repealed and new bylaws may be adopted by a majority of the Board members present at any regular meeting or at any special meeting, if at least five (5) days written notice is given of any intention to amend or repeal these bylaws or to adopt new bylaws at such meeting. Any amendment of these bylaws will be effective upon approval by the Coppell City Council. Page 12 Adopted this the day of ,2001. By: President of the Board of Directors ATTEST: By: Corporate Secretary Page 13 42_--oo T H E · C I '1' Y 0 F COFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ~ /~. ITEM CAPTION: Consider approval of an ordinance abandoning a portion of an alley easement located adjacent to Lot 5, Block M of The Meadows Section IV (719 Meadowglen Circle); and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. GritTm, P.E. TITLE: Dir. of Engineering/Public Works STAFF COMMENTS: A license agreement was approved by City Council August 14, 2001 concerning encroachment of an existing pool, pool deck and fence in the City's alley right-of-way adjacent to 719 Meadowglen Circle. In this particular location the alley takes a ninety degree bend and there is excess right-of-way adjacent to the alley. Apparently, during the construction of the fence the property owner placed the fence approximately five foot away from the paved section of the alley. This created an approximately eight foot encroachment into the alley right-of-way. The owner subsequently constructed a pool and pool deck which encroached into that eight feet. The license agreement was approved in August 2001 to allow the property owner to refinance his home. He is now pursuing the abandonment of a portion of the alley right-of-way. Because we have no utilities either in or proposed for this section of the alley, the abandonment of the alley right-of-way would not create a problem for the City. Utility Companies have been contacted and AT&T Broadband was the only one that had utilities in the existing easement. AT&T Broadband has stated that the remaining 5 feet of right- of-way will accommodate their existing utilities. A statement of value has been provided for the land situated in the easement at the rear of said property. Staff offers no objections to the abandonment of 8 feet of the 13-foot easement located adjacent to Lot 5, Block M of the Meadows Section Four. Staff will be available to answer any questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +k-BID $ FINANCIAL COMMENTS: '(\~' DIR. INITIALS: I~ FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: #engl AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A PORTION OF THE EASEMENT, LOCATED ON LOT 5, BLOCK M OF THE MEADOWS SECTION FOUR AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE ABUTTING PROPERTY OWNER OF THE FAIR MARKET VALUE OF THE PORTION OF THE EASEMENT TO BE ABANDONED; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cier Council of the CiB.r of Coppell has determined that a portion of the easement located on Lot 5, Block M of The Meadows Section Four, an Addition to the Ci~~ of Coppell, Texas and more particularly described in Exhibit "A" attached hereto, is not being currently utilized or occupied and there is no future need of such easement for Ci~: services; and WHEREAS, the abutting property o~mer desires that a portion of the said easement be abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, the fair market value of the property' as established by an appraisal; and WHEREAS, a proper appraisal has been conducted establishing the fair market value of the easement to be abandoned to be Four hundred and sixBr-four and ten- hundredths dollars ($464.10). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the CiB: of Coppell, Texas hereby determines that a portion of the easement located on Lot 5, Block M The Meadows Section IV, an Addition to the Ci~' of Coppell, Texas, and more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property ovmer, in exchange for the pa?maent of the fair market value of the easement to be abandoned. SECTION 2. That the fair market value of a portion of the said easement being abandoned is hereby determined to be appraised at Four hundred and sixpy-four and ten- hundredths dollars ($464. ! 0). SECTION 3. That upon payment of Four hundred and sixty-four and ten- hundredths dollars ($464.10) to the City by the abutting property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Dallas Count', Texas, to indicate such abandonment. SECTION 4. That the abandonment provided for herein shall extend only to the public right, title and interest which the City of Coppell? Texas, may have in and to said easement, and shall be construed to extend only to such interests that the governing body.' of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the __ day of ,2002. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY EXHtBIT l'~s plat is to show the gnprovements n~d describe the area of ~ ~0 foot ~lle~ which is fenced off the rear property line of 719 MEADOWGLEN CIRCLE in the City ofCOPPELL. DALI.ASCounty, Texas same being LOTS. DLOCKM of TIIEMEADOWS, SECTION FOUR, an Addition to the City of COPPELL, DALLAS County, Texas, according to the Plat thereof recorded in Volume 84147, Page 1562, Map Records, DALLAS County, Texas. same being described as follows: Beginning ~t a l/g"iron rod set fora corner on the South property line s~id Lot 5 s.me bein$ the ~orth line of that 20 foot ~lley from ~hieh iron rod found ~t the Southeast corner of Lot 5 bears South OO deg. sec. East 1.05 feet; THENCE leav~ng [he South line of LotSinto [hatgD foot ~lleT along existing wood fence the following calls: South ~ deg. Eg min. 40 see. ll.4g feet; Nor[hgTde~. Ogmin. 47see. Wes[ 10.00 feet; North ~7 deg. 4~ min. Eg see. We~t B.gO feet; Northgdeg. O5 min. Bt see. East 4.70 feet to a l/g"iron rod set foraeornerin the South line of l,o[ [i THENCE 8outhgOde~.O4 min. Off sec. g~s[ along the South lineofLot 52~.0g feet to the Point Of Beginnin~ and containing lgg square [eet of land. : PLAT CALLS 56.2 ALLEY - ...'. . 2 . .2...22-. ~ ~ / ~' . ...... . . I LOT 6 L-I S44'28'46"W 11.45 ~ L-2N87*3'47"W 16.69 L-3 N37'46'22"~ 3.69 v 1 9 MEADOWGLEN CIRCLE I h.rebv certify that on the !~H d,y of _A~.~z_. ~0_ ~ 1, thi .... trey wa, made on th, gro,md and thi, ,u~ey plst has been prepsred s, p,r ~e riehl ~:.v e~emcct~ of recor~ which may b~ shown or nddrp~od on the survey. The survey shows viable enqements, encroachments, confliels. . r ~rawion~ aFpmrent on the grotmd. Date : AUGUST ~0, 2001 JOB PropertylJne I B" : ~-- ~ -// 0 erhend Electric E E E T H E C I T Y 0 F' COFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1193, Grandy's Restaurant, zoning change from C (Commercial) to C-S.U.P.-1193 (Commercial, Special Use Permit-Il93), to allow the operation of an approximately 3,000 square-foot restaurant on 1.39 acres of property located at the northwest corner of Denton Tap Road and Fimess Court (North Texas Court), and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb - TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A The Planning and Zoning Commission unanimously recommended approval (7-0) of this zoning change request on November 15,2001. City Council unanimously approved this zoning change (7-0) on December 11, 2001. Staff recommends approval. DIR. INITIALS: 04~' FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5../00 (ass I 1930 .~N ORDIN)dqCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN' ORDIN:~NCE OF THE CITY OF COPPELL, TEXAS, :.-~MENDING THE COMPREHENSIVE ZONING ORDINANCE AND ~La.P OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHP~NGE IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P.-l193" (COMMERCIAL-SPECIAL USE PEI~MIT - 1193) TO GRA_NT A SPECI.AL USE PERi~HT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED ON APPROXINL,~TELY 1.39 ACRES LOCATED AT THE NORTHW'EST CORNER OF DENTON TAP ROAI) AND FITNESS COURT (NORTH TEXAS COURT), AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVA. L OF THE SITE PLAN, FLOOR PL.~N, ELEVATIONS, AND L.~NDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", .~ND '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 THOUS.~ND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the Cid' 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-1193 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOV(, 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 Cid' 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." (Cmnmercial - Special Use Permit-1193) to grant a special use permit for the operation of a restaurant to be located on approximately 1.39 acres located at the Northwest comer of Denton Tap Road and Fitness Court (North Texas Court), and being more particularly described in Ex.hibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. 1 45032 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 5:00 a.m. to 12:00 midnight, Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plans, elevations, and landscape plan which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan, Elevations, and Landscape Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 45032 SECTION 8. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and ever), 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 prov/,p-lXide. DLrLY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2002. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (KEH;cdb IZq9/01) 3 45032 STATE OF TEXAS COUNTY OF' DA ~t_LAS WHEREAS. KAKI ENTERPRISE. INC. is the owner of a tract or parcel of land situated in the George W. ,lack Survey. Abstract No. 694. City of Coppell. Dallas County. Texas and being part of tho~, tract of land conveyed to W~lliom Boo, em. Trustee. by deed recorded in Volume 8,5111. Page 1197. Deed Records of Dallas County. Texas and being more particular!,y described as follows: BEGINNING at (=n '×' found cut [n concrete, marking the northeast corne~ of Fqtness Court (right-of-way varies) as shown on the p/at of Denton Tap Development. an addition to the City of Coppell according to the Plot thereof recorded in Vol. 98118. Pg. ,37 of the Deed Records of Dallas County. Texas. said point also being ;n the west line of Denton ToD Rood (100 foot right-of-way): THENCE South 88 degrees ,38 minutes .30 seconds West. with the north line of said I=qtness Court. a distance of 7=3.17 feet to o 5/8 ;rich ;ran rod found with cap marked 'KSC4019' at the beginning of a cur~e to the left having c radius of 527.50 feet; THENCE ;~. a scuth~ested.¥ Cirection with the north line of said ~tness Court,. and ~ith said curve to the ief~. having (3 ;callus of .327.50 feet. throuc~h a central angle of 15 degrees 04 m[nu',es 17 seconds, for an arc length of 86.:5 fee[ and ~hose chord bears South 81 degrees 06 minutes 22 seconds West. BS. D0 feet [o o 5/=3 inch iron rod found with ccd marked *KSC4019' at the pain[ of reverse cu~e for a curve to the right having a radius of 272.50 feet; .'~. ENCE ;n a sou~,hwestedy dlrect~on with said curve to the right hon.'rig a radius of 272.50 feet. throu(jh a central angle of 15 degrees 04 minutes 17 seconds, for an arc length of 71.68 feet and whose chord boors South 81 degrees C6 m',~u~es 22 seconds '//est. 71.48 feet to a 5/8 inch iron rod found with cop mcr~ed 'KSC4019' at the end of said cum~e; THENCE South =38 degrees 38 minutes 30 seconds West. with the north I;ne of said ~tness Court. o distance of 13.57 feet to a 5/5 inch ;ran rod round with cop marked 'KSC4Olg' for came~, THENCE ~lorth O~. degrees 15 minutes ,37 seconds West. deporting the said north llne of Iqtness Court. over and across said Boor.~em ~,rect. 256.04 feet to o 5/8 inch :ran rod found with cad marked 'KSC~,019" ;n the south ilne o~ 3 ~6 foot wide tract of i(snd conve~ed unto Univest Enl.. Inc.. Oy deed recorded tn Volume 20CO~27. Page 3419. Deed Records of Ocllas County. Texas; THENCE North 58 degrees `39 minutes 01 seconds East. with the said south llne of Un'vest tract and with the o li~e that is 16 feet south of and porolle~ to the south llne of Lot I. Block A. To~n Cent~ West. an addition to the C~ty of Copl=e~l occor¢ing to the Plat thereof recorded ~n Vol. 2000176. Pc~. 1787 of the Moo Records of Dallas County. ;'exes. 225.4~ feet to a 5/8 inch ~ron rod found with cci3 marked 'KSC4019' for cornet,;. TH£NCE South 53 degrees 51 m~utes .56 seconds East. ~th the so~d south ~'me of Univest tract, o distance of 30.C0 feet to o 5/=3 ;ncl~ :ran rod found with cop me,ed 'KSC4.019' in the west llne of said Denton Top Rood; THENCE South 01 degrees 13 'ninutes `37 seconds East. with the said west line of 0enton Top Eo<sd. ~ distance of 22!.56 feet ~,o the PLACE CF ~E~GINNING and containing 60.,545 square feet or ~.390 acres of land. more or less. ~r~IBIT "A" ]~XHIBIT "B" lgXItTBI'r :.~ ~l-.' ~',} EXHIBIT "D-I" --T H E C I T Y O F COFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1196, Chili's Restaurant, zoning change from TC (Town Center) to TC-S.U.P.-l196 (Town Center, Special Use Permit-Il96), to allow the operation of an approximately 3,700 square-foot restaurant with private club to be located in the retail center under construction at 130 N. Denton Tap Road, approximately 160 feet south of Town Center Drive, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb- TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A The Planning and Zoning Commission unanimously recommended approval (6-0) of this zoning change request on November 15, 2001. (Commissioner McCaff-rey did not participate because of a conflict of interest.) City Council unanimously approved this zoning change (7-0) on December 11, 2001. Staff recommends approval. DIR. INITIALS: ~,ff~ FIN. REVIEW~ CITY MANAGER REVIEW: Agenda Request Form "00 -.'.a.'.S 1196o AN ORDLNANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING TFI~ COMPREHENSIVE ZONING ORDENANCE AND MAP OF TIlE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "TC" (TOWN CENTER) TO "TC-S.U.P.-lI96" (TOW.~ CENTER-SPECIAL USE PERMIT - 1196) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT ~VITH A PRIVATE CLUB TO BE LOCATED IN THE RETAIL CENTER AT 130 NORTH DENTON TAP ROAD, APPROXLMATELY 160 FEET SOUTH OF TOWN CENTER DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN'; PROVIDIN'G FOR THE APPROVAL OF THE SITE PLAN, SITE PLAN AND LANDSCAPE PLAN FOR CHILI'S SERVICE YARD, FLOOR PLAN, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS "B', "C", "D', "E", AND "F", RESPECTIVELY; PROVIDING FOR SPECIAL CON-DITIONS; PROVIDLNG A REPEALLNG 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 a~er 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-1196 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 o£ 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 "TC" (Town Center) to "TC-S.U.P.- 1196" (Town Center-Special Use Permit - 1196) to grant a special use permit to allow for the operation of a restaurant with a private club to be located in the retail center at 130 North Denton Tap Road, approximately 160 feet south of Town Center Drive, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTIOI~T 2. That the Special Use Permit for a restaurant is hereby approved subject to the folloxving special conditions: (A) The hours of operation shall be from 11:00 a.m. to 11:00 p.m., Sunday through Thursday, and 11:00 a.m. to midnight, Friday and Saturday. (B) The site shall be developed in accordance with the site plan, site plan and landscape plan for the service yard for Chili's, floor plans, and sign plan, ~vhich are attached hereto as a further condition. SECTION 3. That the Site Plan, Site Plan and Landscape Plan for the Service Yard for Chili's Floor Plan, and Sign Plan, as revised, attached hereto as Exhibits "B", "C", "D", "E", and "F", 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 Ci~' of Coppell, Texas, in conflict ~vith the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty' as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon con'~ction 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 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 ,2002. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY ( RE I-l/c, db 1/2/02) OWNERS CERTIFICATE AND DEDICATION STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, COPPELL / DTIL L.P., is the owner of a tract of land situated in the S.A. & M.G.1LIL Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas and being part of a tract of land as described in a deed bom Good Financial Corporation to M. Douglas Alkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGI~t'NhNG at a 1/2" iron rod found for comer on the east line of Denton Tap Road (a variable width right-of-way), said point being the northwest corner of Lot 2 in Block I of Town Center Addition, an addition to the City of Coppell as recorded in Volume 95172, Page 4749 of the Deed Records of Dallas County, Texas; THENCE N.01°00'58"W., 314.68 feet along the said east line of D~nton Tap Road to an "X" found cut in concrete for comer, said point being the southwest comer of Lot 3 in Block 1 of Town Center Addition, an addition to the City of Coppell as recorded in Volume 95240, Page 4999 of the Deed Records of Dallas County, Texas; THENCE N.88°59'02'E., 336.00 feet leaving the said east line of Denton Tap Road, and running along the south line of said Lot 3 in Block 1, to an "X~ found cut in concrete for comer, said point being on the west line of Town Center Boulevard (a 28 foot wide right-of-way), said point also being in a non-tangent curve to the right running ha a southerly direction and having a central angle of35°44'27" a radius of 286.00 feet and a chord bearing of S. 16°5 I'15"W.; THENCE along said curve, and along the said west line of Town Center Boulevard, 178.41 feet to the end of said curve, a 1/2" iron rod found for comer, said point being the beginning ora curve to the leR having a central angle of 29"11'42" a radius of 314.00 feet and a chord bearing of S.20°0T38"W.; THENCE along said curve, and continuing along the said west line of Town Center Boulevard, 160.00 feet tx) the end of said curve, a 1/2" iron rod found for corner, said point being the northeast comer of the said Lot 2 in Block 1; THENCE S.88"59'02"W., 225.05 feet leaving the said west line of Town Center Boulevard, and running along the north line ofsaid Lot 2 in Block 1 to the Point of Begiuning and containing 2.057 acres (89,616 square feet) of land. KXIIXBZ'r " ' t~.tEAt~ 1::)00,, II · ,' ' ,' i, '-~, 1,4AN -- ".' ' i .' ' Ji -- Bj~!.4T 5TANE~At~.~ _ ,, ,I~C) ~.~. A~A · -' '.".'.' " '" ,' ," ' ' I _ ,." .,...., .... .~... ,.~ ~, - TO h BT~N ~!~. (G~ ~ SERVICE YARD ~'~ ao~ ~o. 9950 ~ of 1 DAE: 27 NOV. 2001 ' HOLLY PROJECT:CHILI'S CDREF. 1 O0 SERVICE YARD-LANDSCAPE .Jo~ ~o. ~ ~ 5 0 1 of 1 DATE: 27 NOV. 2001 EXHIBIT "D" L ................... J t. ................... J t. ................... J ~o'-,~ J/,~' FLOOR PLAN AREA OF RESTAURANT: .3,700 SF SEATING COUNT: 128 HOURS OF OPERAI'ION: SUN-THURS 11 AM TO 11 PM NOT TO S~AL£ FRI-SAT 11 AM TO MIDNIGHT A1 COPPELL, TEXAS CITY COUNCIL MEETING: January 8, 2002 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-133-HC-R3, Community Credit Union~ zoning change from PD-133-HC (Planned Development-133, Highway Commercial) to PD-133-HC-R3 (Planned Development-133-Highway Commercial, Revision 3) to allow the development of an approximately 6,000 square-foot financial institution on approximately one-and-a-half acres of property located at the southwest comer of S.H. 121 and Denton Tap Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A The Planning and Zoning Commission recommended approval (6-1) of this zoning change request on November 15, 2001. City Council unanimously approved this zoning change (7-0) on December 11, 2001. Staff recommends approval. DIR. INITIALS: ~'~d~7 FIN. REVIEW: ~ CITY MANAGER REVI Agenda Request Form - Revised 5/00 .~ PD 1330 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDLNANCE 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 INT ZONING FROM "PD-133-HC (PLANNED DEVELOP.MEN'Y-133, HIGI~VAY COM~IERCIAL) TO PD-133-HC-R3 (PLANNED DEVELOPMENT-133-COMMERCIAL, REVISION 3) TO ALLOW THE DEVELOPMENT OF AN APPROX~M_ATELY 6,000 SQUARE-FOOT FINANCIAL IINSTITUTION ON APPROXIMATELY 1.7 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHVV'AY 121 AND DENTON TAP ROAD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A SITE PLANT, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C" AND "D", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVLNGS 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-133-HC- R3 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 ORDAIN'ED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "PD-133-HC" (Planned Development-133, Highway Commercial) to "PD-133-HC-R3" (Planned Development - 133- Highway Commercial, Revision 3) to allow the development of an approximately 6,000 square-foot financial institution on approximately 1.7 acres of property located at the southwest comer of S.H. 121 and Denton Tap Road 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 PD- 133-HC, except as amended herein, the following special conditions based on the use granted herein, and the approved Site Plan, Landscape Plan and Elevations, attached hereto as Exhibits "B", "C", and "D", respectively: 1) A verification from Texas Department of Transportation approving that a driveway and deceleration lane, if any, off S.H. 121 v,411 be permitted and as approved by the City Engineer. SECTION 3. That the Site Plan, Landscape Plan and Elevations, attached hereto as Exhibits "B", "C", and "D", and made a part hereof for all purposes, is hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the CiR' of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the CiBf 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 validiBr of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity' of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive 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 penal~, 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 ~riolation 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 Ci~' of Coppell, Texas, this the day of ,2002. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY AP?~RM: ~ A TRACT OF LAND S~[UATED IN THE Q. AR~A SCXJ~I~S SURVEY, ABSIRACT NO. 1327 IN THE QTY OF ~ DALLAS COUNTY, 'lID(AS, AND EE]NG PART ~ A C.N.J.[D 10.175g ACI~ '~CT OF LAND ~ N A ~ TO SO [~TON TAP, LTD., OF RECORD ~1 ~ g~1056, PAG[ 77~, 8E(;a~IING AT A 1/2. I~ RO0 SET FOR ~ 14 1HE SOUTHII[rST RIGHT-OF-gAY L~ OF STATE HIGHWAY NO. 121 (VARL~L[ II~TH R.O.~.) ~ SOUTH ~4' 57. ~g' EAST, ALONG THE 5OUTHI~rST F~GHT-OF-WAY ~ OF SAE) STATE ~WAY NO. 121 AND THE ~ EAST ~OUNDARY LINE OF SAJD I0.17~ AC:fi:E TRACT A OLSTANCE OF 17g. sg FELrT TO A 1/2' IRON RO0 F~ FOR C:ORIqER AT AN ANGLE P(~NT; THENCE SOUTH 47' 40' 07' EAST, CONTINUING ALONG THE SOUTH~ST RIGHT-OF-WAY UNE OF SAID STATE HK~ll/AY NO. 121 A DISTANCE OF ~.2g FELrT TO A 1/2' IRON ~ FOUND FOR CORNER IN THE ~ RIGHT-OF-WAY LlqE OF DENTON TAP ROAD (VARIABLE I~DTH ~ SOU'II'L ALONG THE ~ILrST R]GflT-OF-WAY LINE OF SAIO [IE]~II'ON TAP ROAD AND A EAST BOUNDARY I. JNE OF SAID 11L173g ~ TRACT A I:XSTANCE OF 160.OO FEET TO A 1/2' IRON R~O FOUND FOR O01:b~ER AT AN ANGLE POINT' ~ SOUTH 08' 16' §l' EAST, CONTINUING ALONG THE I~[ST FI]ONT-OF-WAY UNE OF SAiD DENTON TAP ROAD AND AN EAST I~:X. JNOARY UNE OF SAID 10.17.3g ACR~ TRACT A DISTANCE OF' &~.88 ~ TO AN 'X" F'~ FOR OORNER AT AN ANGLE: POe~T; ~ SOUTH, OONllNUING ALONG THE ~ I:~HT-OF-WAY LINE OF SAID O([NTON TAP ROAD ANT) AN EAST EIOUNOARY LINE OF SAJ0 10.17~g 1P. ACTA DISTANCE OF 0.97 FEET TO AN ~ FOUND FOR OORNE~ AT THE NOR~ CORNER OF LOT 1, BLOQ( A OF MAGNOLIA VI.LAGE, A THE]'¢CE ITtT,.ST. ALONG THE NORTH BOUNDARY LI~ OF SA~ 1:~3PPOS[D AOOITION AT A DISTANCE OF 10.00 FELT PASSING A 5/8' IRON R00 FOUND FOR R~:'E:RENCE AT THE NOR'THllEST CORNER OF A RIGHT-OF-WAY DE:DICATION AS ~ BY 5AID PROPOSE~ ADOITION, AND C::ONTI~R.qNG FOR A TOTAL O~STANCE OF 2~o0.00 F'E:Lrr TO A I/'2' ~ RO0 FOUND FOR O(~RNE~ AT THE NGRTHI~-I' CORNER THE:RE:OF IN THE EAST UNE OF A 15.00 FOOT ALLEY RIGHT-OF-WAY AS DE]:XCATED BY YAGIqOLLA PARI( ADOI'flON, AN ADOITION TO THE CITY OF OOPPE].L DALLAS OOUNTY, ~ A~I:~qC TO THE PLAT TtlENCE NORTH, ALONG THE EAST LINE OF 5AJO 15.00 FOOT ALLEY AND THE Wrc. ST BOUNDARY UNE OF' SA~D 10.17~g AC~E: TRACT A OISTANCE OF 8'1.g2 FELrT TO A 1/2' IRON ROD FOUND FOR OORNE~ AT AN ANGLE T14ENCE NORTH ~' 57' ~ ~F_ST, ALONG ~ NORTHE. AST RX~'IT-OF-WAY lINE OF' SAJD 1.5.00 FOOT ALLEY AND THE SOUTHIt~ST BOUNOARY LINE OF SA~) 10.17~3 ACRE TRACT A OLSTANC~ OF' 4g.g4 FEET TO A I/2~ IRON RO0 FOUND FOR REFERENCE I~HICH BEARS NORTH ~4' 57' 5g' ~F..ST, A THENCE NORTH 2§' 02' Of EAST, A OISTANCE OF 2.50.00 FEET TO THE PLACE 01r BE:C~NNING AND OONTAINING 1.$7§ ACRES OF LAND. EXq]I'B] T "B" ,t_'2 ~':-'.:-..:.:-.....__...::._: !i..i..I ~ _ ~ ~ - .,.-'~ ~.~i~ ,,~"~'~ .... - ~: ~ ~ ~ ~..~ :--.~~ ... ~ ~ ~...:...... ~ ~ ~. -':~? ~' ~ ....r ~ ..:. ~'~' ..... ~-~ .... .-~ . ~ ..... ~ ~ · -: ..... ~ . ~ ' ' ' ~ "-i -- ... .......... .... ~ ' " :~7 ~----~ -': ~ ...... "~-': ~ ~ '~ ' '. ...- -~ y..~. :. ~._--. ~ ..~ ~' '~" ' ~ k~--" ~' -'~: ': ~'~ ~ ~ .... ...,~.:? ........ ..... _...... .~ .... ~:....~.. ~ ; ~ ~ ~ ~ ~.~.;...~..~ ....... -~. ~ ~ ~. i ....._;~. ~ ~ ~ ~ ..... ~:~ .. ' ~" "7 ~ '..'' ~' z . . . "-'--.- ~,I ~ .~. ? ,' ~...-:'~ ~,,:~- [ ~ ~ ~ ~ ~ .... '-'~ ,- 0~ ' "~ / ' ' ...... '~ ~-~ ~ ~z~ ., - . ........... .. ~ / - ~ ~ ~ . ~ ~i . , - zz~ i ~ . . z'";,....'~ ~ .... ~ ~- ~ · ~, - ......... ... ........ -:~' , ,..,_ ~ z .- ..... ...- i .5/ ~) ' ~'-: ~ ,...~ ,~ . ~.....~::-... [-~ ~. 0 .......... ~ ~ .--'- '...' ~ ". .[~ . ~ '--~.. .....- .: ~" ~:~ .~ .... · ~ . .-.~_ ,:.. ...... ~..:.~.... ; -.. z - ~~ ~~ ....~ -. -- -.--.. i.~ Z ~0 F eOFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1149R, 7 Salsas Tex-Mex Grill, zoning change request from TC (Town Center) and TC-S.U.P-1149 (Town Center-Special Use Permit-Il49) to TC-S.U.P-1149R (Town Center- Special Use Permit-Il49 Revised) to allow a 1,400 square-foot expansion of the existing restaurant and private club located in Eleanor's Square retail center at 230 N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: December 20, 2001 Decision of P&Z Commission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) Board of Adjustment approval of a three parking space variance. 2) All conditions required in S-1149, as follows: a) To allow the consumption of alcoholic beverages in a private club restaurant. b) The proposed hours of the restaurant to be: 11 a.m. to 10 p.m. Monday through Thursday; 11 a.m. to 11 p.m. Friday and Saturday; and 10 a.m. to 10 p.m. Sunday. c) Attached sign will comply with conditions placed by City Council during the Site Plan review of the retail building which limited all signs to a single color in shades of light gray, light brown, beige, cream or white. 3) The development of this property shall be limited to the Site Plan and Floor Plan as attached to and made part of the Ordinance. Staff recommends approval. '. DIR. INITIALS: FIN. REVIEW: ~, CITY MANAGER Agenda Request Form - ~evised 5,/00 :.~;S 1149R CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: S-1149R, 7 Salsas Tex-Mex Grill P & Z HEARING DATE: December 20, 2001 C.C. HEARING DATE: January 8, 2002 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: In Eleanor's Square, 230 N. Denton Tap Road. SIZE OF AREA: A 1,400 square-foot expansion of 7-Salsas Tex-Mex Grill. CURRENT ZONING: TC and TC-S.U.P.-1149 (Town Center and TC-S.U.P.-l149) REQU EST: TC-S. U. P. - 1149R (TC-Special Use Permit- 1149 Revised) approval to expand restaurant APPLICANT: Applicant: Owner: Roberto A. Villa Matthew Malouf 7-Salsas Malouf Interests 121 Edgewood Drive 3811 Turtle Creek, Suite 1800 Coppell, Texas 75019 Dallas, Texas 75219 972-462-9006 214-219-4900 FAX: 972-745-7766 FAX: 214-219-4901 HISTORY: In October 1997, City Council approved a site plan and a preliminary plat for a 24,620 square foot retail center, known as Eleanor's Square. It was final platted in May of the next year. In October 1998, City Council approved a request by the current applicant to allow for the establishment of a 3,000 square-foot restaurant. In December of 1998, a site plan amendment was approved which allowed a monument to be located at the corner of Denton Tap Road and Town Center Drive for this retail center. In February of 1999, this lot was replatted to move a water easement to allow for the construction of the monument sign. In May of 1999, City Council approved an amendment to the site plan to allow Blockbuster to have an eighteen square-foot, yellow and blue Page 1 of 3 Item # 4 attached sign at the corner of the building. Special Use Permits have also been granted for Subway and Smoothie Factory in this retail center. TRANSPORTATION: Denton Tap Road is an improved six-lane divided thoroughfare (P6D) contained within a 100'-wide right-of-way. SURROUNDING LAND USE & ZONING: North - vacant; TC (Town Center) South -Comerica Bank; TC (Town Center) East - City of Coppell Justice Center; TC (Town Center) West- Market at Town Center and Sonic Restaurant; PD-178 and C (Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail. DISCUSSION: As discussed in the HISTORY section, the S.U.P. for this restaurant was established in 1998 for a 3,000 square-foot restaurant, with 116 seats. The current request is to expand this restaurant by 1,400 square feet, adding 76 seats for a total of 192 seats. No changes are proposed for the signage or the hours of operation; however, the conversion of retail lease space to a restaurant does alter the required number of parking spaces from one space per 200 square feet to one space per 100 square feet. Therefore, an additional seven spaces would be required to serve this expanded restaurant. The following table is a breakdown of the existing leases in this retail center, their square footages, and required number of parking spaces: TENANT PARKING LEASE REQUIRED REQUIRED PER SPACE PARKING SQUARE FOOT Nail Salon 200 1,050 5 Cleaners 200 2,100 11 Subway 100 2,000 20 Blockbuster 200 6,500 33 7 Salsa's 100 4,400 44 Smoothie Factory 100 1,000 l0 Title Company 300 1,600 5 Skin Care 200 1,560 8 Frame Shop 200 2,300 12 Boutique 200 1,500 8 TOTAL 24,010 156 Page 2 of 3 Item # 4 Eleanor's Square currently has 153 parking spaces and with this restaurant expansion, 156 will be required, resulting in a shortage of three parking spaces. Therefore, the owner/applicant will need to request relief from the Board of Adjustmem to allow for this parking deficit. It is staff's understanding that this restaurant will encourage the use of the existing rear-door entrance to so that patrons will park in the under-utilized parking spaces at the rear of the building during peak times. Given that the hours of operation, signage and the type of restaurant will not change and this expansion will only impact parking, staff can support this request, subject to a three parking space variance being granted by the Board of Adjustment. RECOMMENDATION T© THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the expansion of 7 Salsas's restaurant, subject to the following conditions: 1) Board of Adjustment approval of a three parking space variance. 2) All conditions required in S-1149. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Hold Special Use Permit under advisement ATTACHMENTS: 1) Site Plan for Eleanor's Square Retail Center 2) Floor Plan for 7 Salsas Page 3 of 3 Item # 4 **000 °,~, 7-S~LSA Jj ~' KITCHEN ~-~ ~ ~ll I~ , ~, ~ · ... d F COPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ]/ ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1180, Wings to Go, zoning change request from TC-S.U.P-1180 (Town Center-Special Use Permit-Il80) to TC (Town Center) to rescind the existing Special Use Permit, which allowed for the operation of a 1,440 square-foot Wings to Go restaurant and private club located in Suite 230 of the Town Center Shopping Center, 106 N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: December 20, 2001 Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. This restaurant is no longer operational. Staff recommends approval. DIR. INITIALS: 9~~ FIN. REVIEW: ~ CiTY MANAGER REVIEW;~ Agenda Request Form - Revised 5/00 ~S 1180w CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: S-1180, Win s to Go P & Z HEARING DATE: December 20, 2001 C.C. HEARING DATE: January 8, 2002 STAFF REP.: Andrea Roy, City Planner LOCATION: Suite 230 of the Town Center Shopping Center at 106 N. Denton Tap Road. SIZE OF AREA: A 1,440 square-foot restaurant. CURRENT ZONING: TC-S.U.P.-1180 (Town Center-S.U.P.-1180) REQUEST: To rescind TC-S.U.P-1180, because of the tenant vacating the property,. APPLICANT: City of Coppell. HISTORY: Prior to 1982, this prope~, and the sun'ounding properties were classified as SF-12 on the zoning map. In mid-1982 City Council rezoned the property, surrounding this tract on the west, north and east to the TC (Town Center District). On July 9, 1996, City Council approved a zoning change for this one-acre parcel to TC and incorporated it into the shopping center on October 8, 1996. On October 10, 2000, City Council approved a Wings To Go restaurant (S-1180), which occupied the subject tenant space until recently. TRANSPORTATION: Sandy Lake Road has recently been improved from a two-lane asphalt road within a variable width right-of-way (100' xvide in front of the subject property), to a C4D four-lane divided collector street within a 110' Page I of 2 Item # 5 wide right-of-way. Denton Tap Road is an improved six-lane divided thoroughfare (P6D) contained within a 100'-x~Sde right-of-way. SURROUNDING LAND USE & ZONING: North- YMCA, TC (Town Center) zoning South - To,em Oaks Centre Shopping Center, C (Commercial) zoning East- Chaucer Estates residential subdivision, PD-SF-7 (Planned Development- 116) West - Woodside Shopping Center, C (Commercial) zoning COMPREHENSIVE PLAN: The Comprehensive Plan shows the properly as suitable for Neighborhood retail use. DISCUSSION:As discussed in the HISTORY section above, Special Use Permit-1180 for a 1,440 square-foot restaurant was established on this property in October of last year. This Wings To Go restaurant operated bet~veen Anamia's Tex Mex restaurant and Martinizing DO' Cleaners in the Town Center Shopping Center. Since that time, it vacated the premises and the subject space is currently unoccupied. City Staff requests that the zoning classification be retumed to TC (Town Center) zoning to allow for a new' occupant to operate in the subject space. According to Section 12-30-16 (2) of the Zoning Ordinance, "the Planning and Zoning Commission or City Council may initiate a zoning change to consider the zoning classification of the property back to its original zoning classification or such other classification as may be appropriate for the property", when a restaurant changes to a new oxvner or operator. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending that Special Use Permit-1180 for Wings To Go be rescinded. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under adx4sement for reconsideration at another time Page 2 of 2 Item # 5 T H r C I T Y 0 F COFFELL AGENDA REQUEST FORM CITY COUNCIL MEETING: January 8, 2002 ITEM # ] ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1180R, Jay's Seafood, zoning change request from TC (Town Center) to TC- S.U.P-1180R (Town Center-Special Use Permit-1180 Revised), to allow the operation of a seafood restaurant and private club to be located in Suite 230 of the Town Center Shopping Center, 106 N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: December 20, 2001 Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) The development of this property shall be limited to the site plan, floor plan and signage as attached to and made part of the ordinance. 2) The hours of operation being 11:00 a.m. to 11:00 p.m. seven days a week. 3) Permit the sale of beer and wine on the premises only as provided by State Law. Staff recommends approval. DIR. INITIALS: (~, FIN. REVIEW:C53~, CITY MANAGER REVIE Agenda Request Form -- Revised 5/00 ~.S 1180Rj CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: S-1180R, Jay's Seafood P & Z HEARING DATE: December 20, 2001 C.C. HEARING DATE: January. 8, 2002 STAFF REP.: Andrea Roy, Ci~' Planner LOCATION: In TowT~ Center Shopping Center, 106 N. Denton Tap Road, Suite 230. SIZE OF AREA: A 1,440 square-foot restaurant. CURRENT ZONING: TC (Town Cemer) REQUEST: TC-S.U.P.-1180R (Town Center-S.U.P.-1180R) for the operation of a seafood restaurant and private club. APPLICANT: Applicant: Jay Ortiz 120 S. Denton Tap Road, Suite 415C Coppell, TX 75019 Phone: 972-393-8102 Fax: 972-393-8051 HISTORY: Prior to 1982, this property and the surrounding properties were classified as SF-12 on the zoning map. In mid-1982 CIV..' Council rezoned the property sun'ounding this tract on the west, north and east to the TC (Town Cemer) district. On July 9, 1996, City Council approved a zoning change for this one-acre parcel to TC and incorporated it into the shopping center on October 8, 1996. On October 10, 2000, City Council approved a Wings To Go restaurant, which occupied the subject tenant space until recently. Currently, t~'o previously approved restaurants operate within the Town Center Shopping Center: Starbucks coffee shop and Anamia's Tex-Mex restaurant. Page ! of 3 Item # 6 TRANSPORTATION: Sandy Lake Road has recemly been improved from a two-lane asphalt road within a variable width right-of-way (100' wide in front of the subject property), to a C4D four-lane divided collector street within a 110? wide right-of-way. Demon Tap Road is an improved six-lane divided thoroughfare (P6D) contained within a 100'-wide right-of-way. SURROUNDING LAND USE & ZONING: North- YMCA, TC (Town Center) zoning South - Town Oaks Centre Shopping Center, C (Commercial) zoning East- Chaucer Estates residential subdivision, PD-SF-7 (Planned Development- 116) West - Woodside Shopping Cemer, C (Commercial) zoning COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable Neighborhood retail use. DISCUSSION: The proposed Jay's Seafood restaurant will be located between Anamia's Tex-Mex restaurant and Martinizing Dr3.: Cleaners in the Town Center Shopping Cemer, occupying the 1.440 square-foot tenant space previously occupied by Wings To Go. Jay's Seafood will utilize the existing equipment; however, changes will be made to the seating and d6cor. The total seating capaci~~ at this restaurant is shown to be 52. The proposed hours of operation are 11:00 a.m. to 11:00 p.m. seven days a week. The private club portion of this request is to allow the sale of beer and wine on the premises. This will be the third restaurant tenant in this retail center. The approved overall site plan for this center shows approximately 58,000 sq. ft. for an anchor tenant (Tom Thumb), another 24,700 sq. ft. for retail uses, and 7,500 sq. fi. for restaurant uses. This proposed 1,440 square-foot restaurant with private club absorbs the remaining allowable restaurant square footage for the cemer, bringing the total to 7,065 (or 7,525 sq. fi. including Starbucks outdoor seating). Any additional restaurant requests for the Town Cemer Shopping Center would require a formal amendment to the site plan. The applicant is requesting a white internally illuminated attached sign with individually mounted letters and bronze trim caps, measuring approximately 22 square-feet, to match the existing signage in this shopping center. Page 2 of 3 Item it 6 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of this Special Use Permit request, subject to the following conditions: 1) The development of this property shall be limited to the site plan, floor plan and signage as attached to and made part of the ordinance. 2) The hours of operation being 11:00 a.m. to 11:00 p.m. seven days a week. 3) Permit the sale of beer and wine on the premises only as provided by State La~v. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Hold Special Use Permit under advisement ATTACHMENTS: 1) Letter from owner dated 11-6-01 2) Site Plan 3) Floor Plan 4) Sign Detail Page 3 of 3 Item # 6 12/04/01 TUE 1[:02 FAX 972 886 9888 NORTIt A~ERICCN ~002 NORTH AMERICAN p oper T es I'1tll VIA FACSIMILE December 4, 2001 DEC 5 301 Mr. Jay Ortiz Jay's Seafood 106 North Denton Tap Road, Suite 230 Coppell, TX 75019 RE: Jay's S~food Coppell Town Center Coppell, TX Dear Jay, This letter shall serve as notice that Coppell Town Center, L.P., Landlord for the above referenced center, is pleased to welcome your business as one of our newest tenants to the property. Should you need anything in preparing for the opening of your new business, please give us a call at (972) 866-9555. Sincerely, ~,%jnt for Coppell Town Center, L.P. Kdsta Roddy-tsamer Direotor of Leasing t499o LandmaTk Blvd. Suite 30o Dallas, TX 75~o ph: 972-866-g555 fax: 972-866-9888 web: www. napmperties.com Atlanta I Cincinnati I Datias Ft. Myers I Minneapalis 'T H E: C I T Y 0 COPPELL AGENDA REQUEST FORM , ~- ~,~r~ ~-; q CITY COUNCIL MEETING: January 8, 2002 ITEM # ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1195, Sprint PCS, zoning change request from TC (Town Center) to TC- S.U.P-1195 (Town Center, Special Use Permit-Il95), to allow the consumction of a telecommunications tower at Andrew Brown Community Park Central located at 364 N. Denton Tap Road, along the east side of N. Denton Tap Road; north of Parkway Boulevard. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: December 20, 2001 Decision of P&Z Commission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: 1) All construction activity shall be in accordance with the letter dated December 10, 2001, from Gary Sims, Director of Leisure Services. 2) Development shall occur in accordance with the submitted site plan and building elevations and shall not interfere or disrupt existing service provided by AT&T Wireless Services. 3) Lease agreement being worked out to the satisfaction of the City. ,1) Submit to the City/homeowners any available safety information prior to the January 82 City Council meeting. (CONDITION MET) Please refer to pages 7&8 of attached Sprint document. S~ff recommends approval. DIR. INITIALS: ~'0~ FIN. REVIEW:&/'~ CITY MANAGER REVIEW:~ Agenda Request Form - Revised 5/00 @S 1195sp CITY OF COPPELL PLAN.rulING DEPARTMENT STAFF REPORT CASE NO: S-1195, Sorint PCS P & Z HEARING DATE: December 20, 2001 C.C. HEARING DATE: JanuaO' 8, 2002 STAFF REP.: Andrea Roy, City Planner LOCATION: At Andrew Bro,~m Community Park Central, 364 N. Denton Tap Road. SIZE OF AREA: Vicinity of existing concession stand/restroom facility off Denton Tap Road. CURRENT ZONING: TC (Town Center) REQUEST: Special Use Permit for a telecommunications tower and ground level equipment in Andrew Brown Community Park Central. APPLICANT: Applicant: Architect: Crafton Communications Archcomm Design for 1840 Lockhill-Selma Sprint PCS Suite 101 1341 W. Mockingbird Lane San Antonio, TX 78213 Suite 600E Phone: 210-308-9905 Dallas, TX 75247 Fax: 210-308-9936 Phone: 214-525-4061 Fax: 214-525-4133 HISTORY: On December 14, 1999, City Council approved a lease agreement with AT&T Wireless Services for the placement of an 80' high telecommunications tower and the construction of a concession stand/restroom facility within Andrew' Brovm Communi~' Park Central. A portion of the concession building houses AT&T's grotmd level equipment. The concession stand/restroom facility was completed in August 2000. Page I of 4 Item # 7 TRANSPORTATION: Denton Tap Road is an improved six-lane divided thoroughfare (P6D) contained within a 100'-wide right-of-way. SURROUNDING LAND USE & ZONING: North - Denton Creek, Smart Start School, C (Commercial) zoning South- Stonemeade Estates subdivision, SF-7 (Single Family) residential zoning East - Andrew Browx~ Communi~ Park Central & East, TC (Tovm Center) zoning West - Andrew Brown Community Park West, TC (Town Center) zoning COMPREHENSIVE PLAN: The Comprehensive Plan shows the propert5~ as suitable for Park/Open Space, intended for land dedicated to active and passive recreation. DISCUSSION: Sprint PCS has requested Special Use Permit approval to locate a telecommunications tower and ground level equipment within Andrew Brown Community Park Central. Sprint's request is similar to that previously approved for AT&T Wireless Services, which also allowed for the placement of a telecommunications tower and ground level equipment. AT&T Wireless constructed the City's concession stand/restroom facility, which enabled AT&T to place the tower's supporting ground level equipment within a separate room in the facility. The telecommunications tower placed within the park by AT&T has been camouflaged to appear as a light pole serving the adjacent baseball field. Sprint PCS is making a similar request to locate a telecommunications tower in the Park, also disguised as a light pole. The proposed telecommunications tower will measure approximately 85' in height to the top of the pole, while the light fixtures will be placed lower on the pole, in line with existing light fixtures serving the baseball field. While the height of the Sprint telecommunications tower exceeds the height of AT&T's existing 80' high tower, the downward slope of the ground creates the need for the increase in height for the Sprint PCS tower. AT&T's existing telecommunications tower/light pole is located approximately 20' to the north of the concession stand/restroom facility. Sprint will utilize the nearest existing light pole beyond AT&T's fixture, which is located 135' further to the north. The existing light pole will be relocated approximately 10' to the south, and replaced with the Sprint PCS telecommunications tower and light fixtures. Staff has ensured that the Page 2 of 4 Item # 7 slight shift in the location of the lighting will not create any lighting deficiencies on the adjacent baseball field. While AT&T was able to construct the concession stand/restroom facility to store the accessory ground level equipment, Sprint PCS has been limited in the placement of their ground level equipment, as most of the surrounding area is located within floodplain and cannot be built upon. Staff has worked extensively with Sprint to arrive at a functional and aesthetically appropriate location for the equipment, which is proposed to be placed adjacent to the existing concession stand/restroom facility (outside the floodplain), within a brick enclosure. The applicant has proposed to expand the existing 184 square-foot brick enclosure on the north end of the concession stand/restroom facility to incorporate the open area to the west, enlarging the enclosure to 367 square-feet. Ihe brick enclosure will be constructed in line with both the front building wall facing Denton Tap Road and the north wall of the existing enclosure. The existing air conditioning units within the enclosure will be shifted and/or rotated to accommodate the placement of Sprint's ground level equipment. The expansion will be constructed of red brick to match the existing wall and measure the same height (7'). The applicant has maintained the existing rear entrance into the enclosure, preserving the view of the front and side wall elevations, which will be clearly visible from Denton Tap Road. City Staff, Sprint PCS and AT&T Wireless Services, have been in contact throughout the design process. AT&T Wireless has been very cooperative in working with City Staff and Sprint to make the necessary modifications to the concession building and is aware of the precise changes that will occur. As a result of the expansion of the brick enclosure, some rerouting of AT&T electrical conduit must be done; however, no disruption in service is expected. Further, the City's Leisure Sen, ices Department has also played an integral roll in arriving with an acceptable design for the Sprint PCS equipment. A letter has been provided by the Leisure Sen, ices Department, which outlines conditions of their support for the project, and specifically discusses restrictions for construction activity. Additionally, two existing AT&T GPS antennas are placed on the roof of the concession building. Sprint PCS is also requesting to place two additional small GPS antennas on the roof., in the vicinity of the existing antennas, but will not cause interference. These antennas do not exceed 1½' in height. Finally, a lease agreement between the applicant and the City will need to be executed prior to construction (similar to form and style to the existing AT&T agreement). Page 3 of 4 Item # 7 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Special Use Permit request, subject to the following conditions: 1) All construction activity shall be in accordance w4th the letter dated December 10, 2001, from Gary Sims, Director of Leisure Services. 2) Development shall occur in accordance with the submitted site plan and building elevations and shall not interfere or disrupt existing service provided by AT&T Wireless Services. 3) Lease agreement being worked out to the satisfaction of the CiB'. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend' disapproval of the request 3) Recommend modification of the request 4) Hold Special Use Permit under advisement ATTACHMENTS: 1) Letter from Gary Sims dated December 10, 2001 2) Letter from Andrea Roy dated January 2, 2002 3) Letter from Hart Mason dated December 28, 2001 4) Sprint Brochure 5) Site PlaWSurvey 6) Detail Site Plan 7) Elevations Page 4 of 4 Item # 7 Cc: ~ T H Ir C I T Y 0 If COPPEL L I~-: ! V .... ~.~ ~ 11 ~1 P~ ~ LEIS~ SER~CES DE?A~~,~ ~TEROFFICE MEMO DATE: December 10, 2001 TO: Gary Sieb, Director of Planning FROM: Gary Sims, Director of Parks and Leisure Services RE: Sprint P.C.S. tower The Parks Division has reviewed the plans submitted by Sprint P.C.S. to construct a monopole communications tower in Andrew Brown Jr. Community Park Central. The Parks Division is willing to support this project as long as the following criteria is agreed, and followed. 1) The project will be completed by March 1, 2002. 2) Under no circumstances will any GAMES be lost or postponed due to this project. 3) The game fields will be offlimits to this project. No vehicles, equipment, or any materials will be allowed on the game fields. 4) Any damage to the park facility or utilities will be repaired by the contractor, or at the expense of the contractor. This includes parking lot, landscape, irrigation s~tem, sidewalks, and the concession building. All repairs will need to be approved and accepted by City of Coppell Parks Department. 5) Parking will not be altered by this project. There will be no reserved or designated parking for Sprint P.C.S. GS January 2, 2002 Mr. Ben Van Maanen 120 Flintshire Way Coppell, TX 75019 RE: Case No. S-1195 Sprint PCS, request to allow the construction of a telecommunications tower at Andrew Brown Community Park Central. Mr. Van Maanen: Per discussions held at the December 20, 2001, Coppell Planning & Zoning Commission public hearing, I am forwarding the requested information fi.om Sprint PCS with regard to safety concerns surrounding the proposed telecommunications tower. I am enclosing several copies of the submitted intbrmation, as Mr. Hart, Sprint's representative, indicated that you would disperse the literature as needed. Ihe enclosed information has been forwarded through the City's Planning Department only to ensure that the requested information was made part of the record and to confirm that the information was forwarded to the proper individual. Ihe City of Coppell does not endorse, nor can the CiD' comment upon the attached information. If you have any questions with regard to the enclosed information, you may contact Mr. Hart Mason at 214-525-4061 or 214-394-5060. If you have questions with regard to the requested application, I may be contacted directly at 972-304-3677 or via e-mail at aroy~ci.coppell.tx.us. Sincerely, ) ? ../. i. ~. i., ~- ~.t2 -. ~ ' .'~/-' ·" Andrea L. Roy City. Planner Enclosures - Spt t Sprint Spectrum L.P .. Site Development 1341 West M' ~7.k~b~d Suite 1200E Dallas. Texas 75247 Hart .Mason Work: 214.525.4,061 PCS: 214.394.$060 Email: hraason02~sprintspectmm.com Fax: 214.525.4133 12/28/01 Ms. Andrea Roy City Planner for Ci~' of Coppell RE: Sprint PCS Project Number DA54XC329-Andrew Brown Community Park Central Coppell Case # S-1195 Sprint PCS Project Address: 364 North Denton Tap Road, Coppell, Texas 75019 Planning & Zonine Commission requirement from oublic hearin~ on December 20, 2001 Dear Ms. Roy and CiD' of Coppeli Planning Department, Again, thank you for your assistance concerning the Sprint PCS telecommunications proposal for Andrew Brown Community Park Central. Staff's presentation and comments during the Planning and Zoning Commission Hearing were excellent. In response to the commission's request that Sprint provide, to the residents that were present at the December 20th hearing, information concerning safety/health issues regarding radio waves, we are providing the enclosed brochures. We appreciate the staff forwarding this information to the residence listed below. This gentlemen was kind enough to be responsible for distributing this information amongst those residences that had an interest in this information. Mr. Ben Van Maanei~' 120 Flintshire Way Coppell, Tx. 75019 If there is anything else Sprint PCS needs to provide before the CiD· Council Hearing on January 8th, please let us know as soon as possible. The contact for Sprint PCS on this project remains Hart Mason ~ 214-525-4061 or PCS # 214-394-5060. Again, we thank staff for all the assistance given to our case. Sinc~er/~ly, Hart Mason Zoning Specialist, representing Sprint PCS Straight Talk o .-:-:?, ht Talk · ..~?!.~.~;~'~.~.. ·. :~- :~ '"~.-~! JJ .... ________ __'ess and the ;-: -..~?'¢. . long ago. advances in ~x, ire[ess technolo~' created radio and television. Since t~at time, this rechnolo~, has continued m connec[ us to people, places and events across the nation and around the wodd. Now. the wireless revolution has come to our most basic communications device ~ the telephone. ~d it is con~ect~g more 2~ericans than ever before to the people who matter the most [o the~ ~ their fhmily member's, their l¢iends and their colleagues. The wireless indust~' is following a similar path to the ~nusic indus,- more than a decade ago. The compact disc ~ a digital system ~ replaced the most popular music format ~ the phonograph record ~ which ~x.'as an analog system. Ihis improved sound qtmli~- and capaciB,. The same is true of the latest wireless communicadons technolo~~ ~ Pemonal Communication Se~-'ices. or PCS ~ which has proYen ro be a significant advancement in quali~ and capability over conx.-endonal cellular technolo~:. Sprint PCS is the ~-ireless divisio~ o[ Sphnr, whose roots go back to 1899. Since 1995, 5print PC5 has been building and improving a state--of-the-a~, next-generadon P(;S ,~keless se~,ice that is revolu- tionizing the way people communicate in America. To do this, Spdnt PCS must build the necessa~ i~rasr~tcmre in cities and roa:ns. Ifoxx-ever. Building long-term reladonships in the communities that Sprint PCS sen:es is ~ust as impo~ant as btfilding its PCS he,York. That's why Sprint PCS is committed to working closely with local authorides to comply with all planning and zoning requirements when we construct any wireless facilities. Sprint PCS inx'ests in the communides it sen-es in a number of ~:aus. In addition m providing jobs. the company works with community govern~nents, school boar~ and lando~:nem ~Br site agreements that benefi[ all groups involYed. Local com~nunides also often receix-e additional rex'e~ue through sales, income and prope~B' taxes. ~rhough Sprint PCS is entering communities to build its wireless ne~vork Because ir has a job to do. it only makes sense for ir to be a good corporate neighbor and uphold its responsibiliB, to the people who live and work there. '~e goal of Sprint PCS is ro idenri~* potential community concerns and then ~:ork with local residents and community leaders toward solutions rhar will be muruallx' beneficial ro everyone involved. This rela- tionship is based on candon honesB: and openness, ttere are some of the signiEcanr mutual bencfi[s of PCS at a time when Americans are rapidly embracing ~-ireless se~ices: · Makes [[~e convenience, mobility and peace of mind o~ ~x'ireless phones easily available ro all residents. · Pt'ovides ano[her important ~-'av for improving public safeB~ in the communi~:. · Delivers high-qualiB', safe and secure communications and a variety of nexx.- cutting-edge sendces to the communiB,, such as the Sprint PCS Wireless XX;eb. - Crea[es a co~unications inf~'astructurc that will suppoa new jobs, economic growth and addi- do~lal tax rcvenucs. ~,~ire!ess commt,:qication is playing a growing role in the enhancement of public safe~' programs with local and state law enforcement agencies. In fact, eve~' day. more than 120.000 emergency calls are made on wireless phones. These calls come from people involved in, or reporting, accidents, crimes, medical emergencies and other difficult or dangerous situations. The public's increasing use of wireless calling has enabled law enforcement officials to respond faster to car crashes, aggressive and impaired drivers, robberies, thelis, incidents of domestic violence and similar emergencies. In addition, wireless communication is often the only form of communication available following natural disasters ~ including hurricanes, floods, tornadoes and catastrophic incidents like the Oklahoma City I~()ml.)ing. For instance, in the aftemmth of Hurricane Anclrew in Miami. wireless communication was the only' link to the outside world for residents and Portable communication devices are veiw impof ~'"'~ ~,~;~~ ']"' rant to disaster-response efforts and have aided ~ ....... ~ . ~-~- essential service agencies such as police depart- ~ ~ '~,__;~.,:~.. ments, thc FBI. the National Guard and the :: ' ~ American Red Cross during some of the countn:'s ~ :,~.. Sprint PCS has established a set of four principles that guide us in working with a~,d ~{S :'~3¢g' 'OfiOll~i.- local communities to select sites: 1. We listen to you. Mb will be attentive to you and your communi~,, and we will work with you to both understand and address concerns about the impact of PCS antenna locations. ............ ¢, ,~ ...,ih~. ~e fes~est 8omm~nitf 8tan~arS,. Whenever possible, we will seek the most unob- ......... tOpl'eSl~litli- t]~sive site for antenna construction. In manY cases, antennas are attached to an existing strut- the t,iW ti[ ture and are vim~ally hidden from view. If new constrtlction is needed, we will focus first on industrial and commercial zones for locations. mi~dmize any 3. We work to minimize the number of sites. It is our policy to actively seek to co-locate our antennas and to share appropriate existing structures. This lowers our costs and lessens the 001Billtii'ti!~." visil0ili%, of the equipment. Similarly. we will accommodate, whenever possible, other service providers on structures that we build. ;;;~? C~z~:(;i/ 4. We give back. We can often share our sites with key municipal depamtlents - such as police, fire and public works - to use for their communications needs, improving public safeB, and the com- muni~"s quali~' of life. As we build an unparalleled national PCS network, Sprint PCS is also building a unique and impressive track record for its responsiveness to the concerns of citizens and for its deep respect for community issues and standards. PCS PCS, or Personal Communication Sen'ices, is the new standard of wireless communicatk)n. It uses 100 percent digital technology to dramatically improve the v,.'av people communicate. Coming more than 12 years after cellular telephones were introdt,ced, PCS systems are designed for complete mobiliw and offer ntany advantages over cellular technologs-. For instance, in conventional cellular systems, calls ride on analog radio v-aves. In PCS systems, calls are handled in streams of digital bits and bytes, the language of computers'. The result is wireless communication that is much more clear. secure from eavesdropping and rich in features. It is quickly changing the wav Americans and others around the world communicate. CDMA The Sprint PCS wireless network design is based on a popular digital technology called CDMA (code division multiple access), offering kev advantages over older wireless technologies in: · 6laritf: CDMA operates at a higher frequency, providing clearer calls that are vitally free of static and fading. · Security: It's virtually impossible to eavesdrop on a CDS-L& call with a scanner, or to "clone" phone numbers. · Reliabilitf: CDMA can accommodate more voice and data traffic than the older analog system ~ five to seven times more than conventional cellular systems. · Funetionalitf: Sprint PCS wireless phones include many features such as caller 1D. voicemail, three-way calling, call waiting and call f(.x~'arding. Wireless data has also "Sl.~rim P(;S has hee~ ~xeei~iiorla~ come quickly to the forefront with CD~.L&. bringing a wireless connection to the vast in tlle way ii: has w0~'ked ~.ti~}~ l'es- amounts of information on the Internet. idents a,d the City of Boston, It has worked hard to ~inii the best s "~,' it co,tim.~a{~, shown Jise~f to be a ~00d nei(jiHm~ te tim ciii:;-ens u? Sprint PCS sites consist of antennas and cabinets that contain radio transmission equipment. ]'his equipment and related facilities are designed to blend with the st, r- roundings as much as possible. Site selection begins with the design of a "search ring," a designated area marked on a topographical map showing where a site must l.)e located to ensure qualitx/sec'vice cover- age. Here's how each site is assessed: 1. Co-location Opportunities: As mentioned before, Sprint PCS prefers to mot, nt anten- nas on existing structures, such as buildings, rooftops, water towers, billboards and other com- ,ntmications tov,'ers, whenever possible. If this is not feasible, the company will then consider construction of a tower in areas that will have minimal impact, such as industrial or commercial areas. 2. Land Use Compatibility: Specific zones and districts within each jurisdictic, n are assessed for their functionality. 3. Aesthetic Compatibility: Existing structures are evaluated on their ability to support and screen PCS equipment. This often results in a site that will be transparent to the public. 4. Engineering Suitability: Following a site visit, the ability to send and ;-eceive communication signals is assessed. Because PCS antennas require line-of-site transmission, the degree to which hills, tall trees or buildings bk)ck the signal is evaluated. 5. Ability to Lease: Property owners of suitable sites are contacted to determine their interest in enter- lng into a lease agreement with Sprint PCS. 6. Construction Suitability: Each structure or parcel of land is evaluated for its capacity to support a facili~'. Sun'evs. soil testing and, in some cases, stn.~ctural analysis are perforrned to make sure the site is suitable. 7. Community Compatibility: Representatives of Sprint PCS meet with neighborhood groups and interested individuals to answer their questions and address their concerns about the site. When a New Site Must Be Built When Sprint PCS can't use existing sites for co-location, it becomes necessary to creel free-standing structures to support antennas. It is the policy of Sp,'int PCS to build facilities that support two addi- tional carriers to minimize the impact to the commt,nities sen'ecl. Sprint PCS must look carefully for sites where antennas can overcome natural and man-made barriers -- chiefly hills, tall trees and buildings. In rural areas, antennas can be located up to eight miles apart: in urban areas, thev must be situatecl closer together. Building Mount This installation is extremely desirable because it enables Sprint PCS to deploy its network and be visu- ally unobtrusive to the community. Sprint PCS works closely with property managers to identi~' the best type of installation and what can be done to camouflage the equipment as iacluch as possible. Existing CommunicationTowerslExisting Structures Most communities alreadv have a tower of some type in place to accommodate local public sen-ice corn~nunication systems. These structures, if feasible, als() provide a red~ quick, easy and unobtrusive installation. Sprint PCS sometimes works with the city to improve the tower for the benefit of everyone. [n addition to building mounts and existing towers, Sprint PCS also will evaluate a number of alte,'native structures to locate antennas. These include water towers, billboards, smokestacks and silos. Free-Standing Monopole or Lattice Tower \X.'hen nothing else is available. Sprint PCS needs to construct a monopole or lattice tower on which to install antennas. A monopole (below left) is, by definition, a single pole that resembles a tall street light pole, with antennas attached at the top. Sometimes a monopole can be built in a manner ben- eficial to the sttrrounding community, such as locating it near a ballfield so that a lighting system can be installed with the transmission facilities. A lattice tower is generally used for taller sites in rural areas· O. How does PCS work? A. Like cellular, PCS systems use "cells" or geographic coverage areas that resemble a honeycomb pattern. Located within each cell are an antenna and a base station com- prised of radio telecommunications equipment in a box about the size of a refrigerator. The PCS base station allows callers to communicate with wireless or wireline phones, com- pt, ters, faxes and pagers around the world. As a caller moves geographically from ()ne cell to another, the digital signal moves to the adjacent cell. The signal travels from the wireless phone to the base station and is relayed to the switching equipment. The call is then con- nected to the local phone network or to other wireless users on the system. Q. Why has Sprint PCS chosen this community for an antenna site? A. Creating a PCS network is like placing "stepping stones" across a stream. An antenna site is a "stepping stone" that must be placed in a pattern within reach of other sites, so that signals can clearly reach their destinations -- where people live, work and play -- as well as major thorough- fares. Taking into account a variety of factors -- land use and aesthetic compatibility, engineering suitability, the abiliB' to lease, and construction suitabiliw -- Sprint PCS works with residents and local authorities to determine the possible sites that can create this path. Q. How is PCS different than cellular? A. In conventional cellular systems, phone calls ride on analog radio waves. In PCS systems, phone cain are handled in streams of digital bits and bytes, the language of computers. The result is a signal that's noticeably clearer and freer from the cross-talk common on today's cellular systems. There's less static and less fading. And a digital system can accommodate much more voice and data traffic than a cellular system. PCS also is much more secure than cellular, which is susceptible to eavesdropping and the elec- tronic theft of phone numbers and other data. Q. Is PCS safe? A. For more than 50 years, scientists around the world have studied the possible health effects of radio waves. In recent years, the pace of research has increased with the use of wireless telephones, wireless antennas and the introduction of other wireless communications technologies. Reputable panels inte- grating governmental, industo- and academic memberships -- including the FCC (Federal Communications Commission), IEEE (Institute of Electrical and Electronics Engineers), .axxlSl (:Mnerican National Standards Institute) and NCRP (National Council on Radiation Protection and Measurements) -- have reached consensus on the lexrel below which science confirms radio waves to have no potential adverse biological impact on people exposed to them. The overwhelming majorits/ of scientific data continues to show no link between wireless radio waves below these consensus levels and an}- harm- ful heakh effects. FCC regulations require wireless exposure levels for public areas near antennas that are 50 times lower, or weaker, than the consensus threshold level. Moreover, the radio waves in the public areas near Sprint PCS antennas are typically hundreds to thousands of times weaker than this FCC-approved level, which already incorporates the 50-fold safet3.- factor. No court or governmen- tal agency or expert panel has ever concluded that anyone's health has been injured by wireless phone use or the transmission of wireless antennas at these FCC levels. Sprint PCS offers only phones that have been certified by the phone manufacturers to have been tested and to have met all FCC radio frequen- cy emission guidelines, and it meem all FCC specifications for transmitting and receiving radio waves from its antenna sites. In addition, government agencies in the U.S.. Canada and Great Britain, as well as other countries, are unanimous in stating that the weight of scientific evidence shows there are no adverse health effects from the use of wireless phones and antennas. Those who are concerned about the long-term effects of a new technology should knox,,, that wireless phones have been around for more than 20 years. There have been no confirmed cases of actverse health effects caused by radio waves in all this time. ~. ~an P~$ towers fall down? A. Federal authorities monitor the safety of all wireless transmission facilities. Our towers are designed and built for strength in excess of local wind loading standards and are thoroughly tested to be in compliance with all applicable guidelines. Q. What impact would an antenna site have on aesthetics and property values? A. Sprint PCS works to minimize the impact of antenna sites on communities. All projects are designed to harmonize with the character and value of property in each communit% In many cases, antennas can be attached to an existing structt, re and largely hidden from public view. Sprint PCS brings significant benefits to both communities and citizens -- improving qualitT of life. creating a communications infrastructure for economic health and making available a new and exciting communications technology at a time when wireless calling in America contin- ues to surpass nearly all past projections for growth. Property owners are increasingly look- ing for good wireless coverage in the areas in and around where they live so they have an alternative service to their landline phones and are more accessible to loved ones. Q. What does an antenna look like? A. Often you can walk by a PCS antenna site and not even know it's there. Advances in science are making transmission devices smaller and smaller. Facilities have been designed to be unobtrusive. Most sites use a "panel antenna" six inches wide by three inches deep and four to six feet tall. This narrow, thin design lends itself well to mounting on a variety of structures, such as towers, smokestacks, rooftops, water tanks and the sides of buildings. Equipment cabinets, which are about the size of a small refrigerator, are typically installed near antennas and are located on the ground, inside a structure or on top of a building. Q. If Sprint PCS builds a new antenna structure, will it also hold antennas for other PCS companies? A. "Co-location:' is a Sprint PCS policy whereby the structures it builds will accom- modate transmission equipment from competing sen'ice providers, whenever possible. This policy results in fewer antenna structures in your communitw. Sprint PCS always tries to minimize construction through partnering and using appropriate existing structures. Q. Is it safe to be on a wireless phone while driving? A. Sprint PCS encourages you to "make safety your trost impon.ant call" by following simple guidelines, including using a hands-free accessoD- whenever possible. Sprint PCS is committed to giving our custo,ners information and the tools they need to promote safe driving. Through ear microphone offerings and ongc)ing edncational efforts, Sprint PCS is paving the way for call- ing convenience and safety on the road. Hands-free accessories, such as ear mikes and hands-free car kits. help consumers stay focused on driving when they are behind the wheel. Also, with features including voice activated dialing, speed- dialing and one-touch redial, Sprint PCS Phones enable customers to focus more on the road. The Cellular Telecommunications Industry Association offers the following tips for d;'ivers to keep in mind while they are using their wireless phones in the car: o Get to know your wireless phone and its features. · When possible, use a hands-fl'ee device. · Position your phone within easy reach. · Suspend conversations during hazardous driving conditions or situations. · Don't take notes or look up phone mlmbers while driving. o Dial sensibly and assess the traffic; tO' to place calls when you are not moving or before pulling into traffic. · Do not engage in stressful or emotional conversations. · Dial 911 to report serious emergencies -- it's free on your Sprint PCS Phone. '~: ~ :-':'i : · Use your phone to help others m emergencies. · Call roadside assistance when available. : Q'' \Vireless phones also can be used as a safeB- tool for drivers. Currently, more than 120,000 wireless calls are placed daily to 911 and other emergency phone numbers to save lives, stop crime anti handle other difficult situations. ...?:::.:..- : .:.- · --,,'.",'!r ', .... : .....: .i, -, ..,,-:A?. ..... ... :'... . Q. What are some ways to research radio waves and their possible health effects? A. The following resources are available: · Cellular Telecormnunications Indust~, Association, 1250 Connecticut Ave. N~X,", Washington, DC 20036. (202) 785-0081. http:/."w~'.wow-com.com · Dr. Dean Edell. Web site of one of the first physician broadcasters and host of _4anerica's second most popular syndicated radio talk show: http://w~qa;.healthcentral.cona/drdean/drdean.cfm · :X_rnerican Cancer Society, 1-800-ACS-2345. http:/;"x~v.cancer, org · Electromagnetic Energy Association, 1255 23rd Street N~,X."', Washington, DC 20037. (2023 452-1070. http :,-'/w:ww.elecener~-.com · Dr. John Moulder. Professor of Radiation Oncology, Medical College of Wisconsin. http:/.."v~x~x~ mcw edu/gcro'cop/cell-phone-health-FAQ,"toc.html o Around the School: News & Notices of the Harvard School of Public Health. July 16, 1999 issue. http::'Y~-xx~-.hsph.harvard.edu/ats/jull 6 . . Call Us Like the beginnings of radio and television, building a PCS wireless network is another significant undertaking that will bring revolutionary benefits to communities across the nation. We're excited about working with you to create it. But changes of this kind, quite understandably, often create questions and concerns. So please feel free to contact us to discuss anything on your mind. Thank you. -$print. Sprint PCS® -~ H~' CITY OF COPPELL AGENDA REQUEST FORM C'ITV ^ ~ , ..... COUNCIL MEETING: January 8, 2002 ITEM # [ ITEM CAPTION: Consider approval of the Sherrill Acres, Lot 1, Block 1, Site Plan Amendment, to allow a revision to the attached signage for a veterinary office on .776 of an acre of property located along the south side of Belt Line Road, east of MacArthur Boulevard. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: December 20, 2001 Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. Approval is recommended, subject to the following conditions: I) The sign shall bca maximum of 21 squarc feet. (CONDITION MET) 2) Thc font shall match the font on the monument sign. (CONDITION MET) 3) The letters shall be ivory, individually mounted channel letters. (CONDITION MET) Staff recommends approval. Agenda Request Form -/Revised 5/00 ~ SherlSA CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Sherrill Acres, Lot 1, Block 1 Site Plan Amendment P & Z HEARING DATE: December 20, 2001 C.C. HEARING DATE: January 8, 2002 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: Along the south side of Beltline Road, east of MacArthur Boulevard. SIZE OF AREA: .776 of an acre of property. CURRENT ZONING: LI (Light Industrial) REQUEST: Site Plan amendment to allow for attached signage. APPLICANT: Tom and Leslie Sherrill 152 Mockingbird Lane Coppell, Texas 75019 972-462-7387 FAX: 972-304-2062 HISTORY: On April 11, 2000, City Council approved a preliminary plat for three (3) lots known as Sherrill Acres. Site plans for a veterinary clinic and office warehouse were also approved at that time. On November 14, 2000, City Council approved a final plat and an amendment to the site plan for this veterinary clinic. The site plan was revised to increase the square footage of the building by 550 square-feet and to revise the building elevations. TRANSPORTATION: East Beltline Road is a P6D, 6-1ane divided major thoroughfare built within a 120' wide right-of-way. Page I of 3 Item # 8 SURROUNDING LAND USE & ZONING: North- Railroad, vacant; MF-2 (Multi-family-2) South - Archon Apartments; PD-162- MF-2 East - Archon Apartments; PD-162~ MF-2 West -Blooming Colors Nursery; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: The site plan and revised elevations were approved for this veterinary hospital about a year ago. Since that time, this building has been constructed and was recently occupied. When the elevations were approved, no attached signage was shown. The signs on this property were limited to a 40 square-foot monument sign on Beltline Road. Due to the regulations of the Valley Ranch Association, this monument sign has been reduced to 32 square-feet. The lettering on the monument sign is Helvetica Bold Condensed. The current request is to allow an attached sign with individually mounted ivory channel letters, indicating "Pet Ho$1aital" on the north elevation of the building. Even though signage totaling 60 square-feet would be permitted, this request is for a 21 square-foot sign. The font will match that used on the monument sign. Staff questions why an attached sign is needed. However, given the location of the monument sign, and that this is the only attached sign that will be permitted for this single-occupancy building, the will font match the monument sign, and the color of the lettering will be limited to ivory, staff can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the amendment to the site plan for Sherrill Veterinary Clinic to allow for an attached sign on the north elevation of the building, subject to the following conditions: 1) The sign shall be a maximum of 21 square feet. 2) The font shall match the font on the monument sign. 3) The letters shall be ivory, individually mounted channel letters. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Hold under advisement Page 2 of 3 Item # 8 ATTACHMENTS: 1) Sign Detail 2) Photograph of building with sign imposed. 3) Approved Site Plan Page 3 of 3 Item # 8 'l --~ CITY COUNCIL MEETING: January 8, 2002 ITEM ITEM CAPTION: Consider approval of the U-Haul, Lot 1, Block 1, Minor Plat, to allow the development of a mini-warehouse facility on approximately 2 acres of property located along the south side of S.H. 121, 350' east of Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: December 20, 2001 Decision ofP&ZCommission: Approved (7-0) with Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed. There are no conditions attached to the Minor Plat. Staff recommends approval. DIR. INITIALS:(~ ~. FIN. REVIEW.'-~ CITY MANAGER REViEW~ Agenda Request Form - Revised 5./00 ~UHaulMP CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: U-Haul, Lot 1, Block 1 Minor Plat P & Z HEARING DATE: December 20, 2001 C.C. HEARING DATE: January 8, 2002 STAFF REP.: Andrea Roy, Cid' Planner LOCATION: Along the south side of S.H. 121; 350' east of Denton Tap Road. SIZE OF AREA: 2.02 acres of property. CURRENT ZONING: HC (Highway Commercial) REQUEST: Minor Plat approval to establish a 2.02-acre parcel for the construction of a 72,000 square-foot U-Haul mini-storage facility. APPLICANT: Applicant: Engineer: U-Haul International/ BHB Engineering & Sm'eying Amerco Real Estate Konstantine Bakintas, PE 2727 N. Central Avenue 309 W. 7th Street, Suite 500 Phoenix, AZ 85004 Fort Worth, TX 76102 Phone: 602-263-6841 Phone: 817-338-1277 Fax: 602-277-1026 Fax: 817-338-9245 HISTORY: On July 10, 2001, after several hearings before the Planning & Zoning Commission, the City Council approved a site plan request for U-Haul Intemational to construct a 72,000 square-foot mini- storage facility on the subject 2.02 acres of property; however, the properS' was not platted at that time. TRANSPORTATION: State Highway 121 v~411 eventually be built as a six-lane dMded freeway. Funding for the highway ma3: be awarded as soon as spring Page 1 of 2 Item # 9 2002. The subject tract is adjacent to the eastbound one-way service road of this highway and consists of three lanes of pavement. SURROUNDING LAND USE & ZONING: North -State Highway 121; City of Lewisville South - Coppell Middle School North; SF-7 (Single Family) zoning East - Coppell Middle School North; SF-7 (Single Family) zoning West-Jack In The Box restaurant; HC-S-1176 (Highxvay Commercial Special Use Permit-1176) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail uses. DISCUSSION: As mentioned in the HISTORY section, the purpose of this minor plat request is to establish a 2.02-acre parcel of property for the construction of a mini-storage facility in accordance with the approved site plan. The proposed plat indicates all necessary setback lines, all required fire lanes/mutual access easements and other development-related easements. The proposed minor plat conforms to the approved site plan. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the minor plat, with all conditions having been met. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) Minor Plat Page 2 of 2 Item # 9 CITY COUNCIL MEETING: January 8, 2002 ITEM ITEM CAPTION: Consider approval of an ordinance amending Chapter 3, Section 3-1-12 o£ the Code of Ordinances to amend the Daily Water Conservation Plan by including a Drought Contingency Plan; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Dir. of Engineering/Public Works See attached memo. BUDGET AMT. $ 9~ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: ~1 FIN. REVIEW:CO~ CITY MANAGER REVI DIR. INITIALS: Agenda Request Form - Revised 5/00 Document Name: #eng2 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and Ci~, Council From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: Januao' 8, 2002 RE: Consider approval of an ordinance amending Chapter 3, Section 3-1-12 of the Code of Ordinances to amend the Daily Water Conservation Plan by including a Drought Contingency Plan; and authorizing the Mayor to sign. In 1997 the Texas Legislature passed Senate Bill 1 to require public water suppliers to prepare a Drought Contingency Plan. The Texas Natural Resource and Conversation Commission (TNRCC) amended its rules (Title 30, Texas Administrative Code [TAC], and Chapter 288) regarding Drought Contingency Plans to reflect the Senate Bill 1 requirements. The Ci~' of Coppell submitted a copy of our Daily Water Conservation Plan to the TNRCC for review and approval in February 2000. In October 2001, the City of Coppell received information from the TNRCC that our Daily Water Conversation Plan did not meet all requirements of the Drought Contingency Plan. The TNRCC has requested that a revised Drought Contingency Plan be provided to them no later than Januar3' 30, 2002. In lieu of writing a separate Drought Contingency Plan, which could be in conflict with our Daily Water Conversation Plan. I have rewritten the Daily Water Conversation Plan to incorporate the requirements for the Drought Contingency Plan. The attached letter from the TNRCC includes the minimum requirements for a Drought Contingency Plan in paragraph 288.20 entitled "Drought Contingency Plans for Municipal Uses by Public Water Suppliers". The following generally describes the changes to the Daily Water Conservation Plan to incorporate paragraphs A through G from the TNRCC letter. 288.20 (a)(1) (A) This paragraph states that preparation of the plan should include provisions to inform the public and provide for public input. The Water Conselwation Plan was discussed most recently at the City Council meeting of April 10th and May 8th, 2001. The opportuniB, for any input on the Drought Contingency Plan will occur at the Council meeting on January 8, 2002. (B) This paragraph states that the City should have in place a program for continuing education about the Drought Contingency Plan. I have included paragraph B in the Daily Water Conservation and Drought Contingency Plan, which covers opportunities for the City. to provide information on the plan. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" (C) This paragraph states that the Drought Contingency Plan must document coordination with the Regional Water Planning Groups. I have included paragraph C in the Daily Water Conservation and Drought Contingency Plan which covers the coordination with Dallas Water Utilities and the Region C Regional Water Planning Group. The input we provided to these entities was included in the Dallas Water Utilities 2000 Update Water Supply Plan. (D) This paragraph states that the plan should include the triggering criteria for initiation and termination of various stages. This is covered under Section F beginning on page 4 of the Daily Water Conservation and Drought Contingency Plan. Section F walks through the five stages of the Water Plan and discusses how each stage would be initiated and then how that stage would be terminated. In Stage 1, the initiation is May 15th and the termination is September 15th. In Stage 2, the initiation is based on a variety of items. The most notable is if our water demand exceeds 90% of our current maximum flow rate for 5 consecutive days. Under our current supply from Dallas, this would mean that we use 15.3 million gallons of water for 5 consecutive days. The termination for Stage 2 would be if once we have ceased to use 90% of our flow rate for 5 consecutive days. In Stage 3, the initiation is when we exceed 95% of our flow rate from Dallas for 5 consecutive days and is terminated when we have ceased to use 95% of our flow rate for 5 consecutive days. In Stage 4, the initiation is when we exceed 100% of our flow rate from Dallas for 2 consecutive days and is terminated when we have ceased to use 100% of our flow rate for 5 consecutive days. In Stage 5, which is an emergency water shortage, the initiation is when there is a major system component failure or a contamination of the water supply. Stage 5 is terminated when the conditions, which caused it to be enacted, have ceased to exist. There are other criteria for the initiation of the various stages. I have just described the main criteria. (E) This paragraph states that there must be a plan in place on how to respond to an emergency situation. I have included Stage 5 Emergency Water Shortage to address this. This is a new stage, which generally covers the inability to supply water, and states that no outdoor watering will be allowed under this situation. (G) This paragraph states that there should be procedures for the initiation and termination of each response stage, including notification to the public. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" This is covered in the first portion of Section F on page 4 in the revised Daily Water Conservation and Drought Contingency Plan. Last year was a very good year in terms of our Water Conservation Plan. It is my opinion this was a result of not dictating what days water customers could water and the break in the weather patterns. Under last year's plan no stage beyond Stage 1 would have been enacted. In prior years, under the plan of restricting water usage to 3 times per week, there were times we would have actually triggered the Stage 4 conditions, which is 100% of our maximum flow rate for 2 consecutive days. That was wpically an arbitraD, usage on a Saturda)qSunday. We ~:pically triggered 100% usage on Tuesday/Thursday, but they were not consecutive days. On the consecutive days of Saturday/Sunday, we knew that the water usage would be down drastically on Monday so it is highly unlikely that we would have enacted Stage 4. This revised plan should meet the requirements for the TNRCC for a Drought Contingency Plan. Because of timelines imposed by TNRCC, staff recommends approval of this plan so that it can be processed to TNRCC prior to January 30, 2002. Staff will be available to answer questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Robert J. Huston, Chairman R. B. "Ralph" blarquez. Commissioner John M. Baker, Commissioner Jeffrey A. Saitas. Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution October 30, 200 Glenn D. Hollowell. P.E Assistant Director of Public Works The City. of Coppell P.O. Box 478 Coppell, TX 75019 Re: Request for Information The Ci~' of Coppeli Drought Contingency Plan - July 27, 1999 Dear Mr. Holloweli: The Texas Natural Resource Conservation Commission (TNRCC) has reviewed the above referenced drought contingency plan, received on February 18, 2000, to determine if it meets all of the minimum requirements as set forth in the TNRCC Rules, Title 30 Texas Administrative Code (TAC) Chapter 288. Title 30 TAC Chapter 288.30(3)(A) states: For community water systems providing water service to 3,300 or more connections, the drought contingency plan shall be submitted to the executive director not later than September 1, 1999. The TNRCC records indicate that the Ci~ o fCoppell provides service to 3,300 or more connections. Before the plan can be declared administratively complete, the following minimum required content must be included in the plan: §288.20. Drought Contingency Plans for Municipal Uses by Public Water Suppliers. (a) A drought contingency plan for a retail public water supplier, where applicable, shall provide information in response to each of the following. (1) Minimum requirements. Drought contingency plans shall include the following minimum elements. (A) Preparation of the plan shall include provisions to actively inform the public and affirmatively provide opportuni~' for public input. Such acts may include, but ,/ are not limited to, having a public meeting at a time and location convenient to the public and providing written notice to the public concerning the proposed plan and meeting; (B) Provisions shall be made for a program of continuing public education and information regarding the drought contingency plan: (C) The drought contingency plan must document coordination with the Regional Water Planning Groups for the sen'ice area of the retail public water supplier to insure consistency with the appropriate approved re~onal water plans: P.O. Box 13087 · Austin, Texas 78711-3087 · 512/239-1000 · lnternet address: www.tnrcc.st~te.tx, us Glenn D. Hollowell, P.E. ..-Cage 2 October 30, 2001 Re: Request for Information The City of Coppell Drought Contingency Plan - July 27, 1999 (D) The drought contingency plan shall include a description of the information to be monitored by the water supplier, and specific criteria for the initiation and q/ termination of drought response stages, accompanied by an explanation of the rationale or basis for such triggering criteria; (E) The drought contingency plan must include drought or emergency response stages providing for the implementation of measures in response to at least the following situations: (i) reduction in available water supply up to a repeat of the drought of ,r record; (ii) water production or distribution system limitations; ~r (iii) supply source contamination; or ,r (iv) system outage due to the failure or damage of major water system v" components (e.g., pumps); (G) The drought contingency plan must include the procedures to be followed for ,/ the initiation or ten-nination of each drought response stage, including procedures for notification of the public. Please submit the above information no later than January 30, 2002. Please be aware that failure to respond to this request is a violation of 30 TAC Chapter 288. If you submit the required information in a timely manner, we will not pursue further action for the alleged violation at this time. However, please note that if you fail to adequately respond, the TNT, CC will consider exercising the enforcement powers granted by the Texas Legislature to carry out its mission to protect human health and the environment. The TNRCC recognizes that thc great majority of the regulated community wants to comply with environmental laws. The TNRCC looks forward to working with you to resolve this matter. Should you have any questions, please contact me at (512) 239-0703. Sincerely'/<7 ~ d/--~c~,/~/~ .L.~, L'"'-"'/,V//a }- ~e~attonS ~a E. S ~owan~'ater Con- · pec' list Resource Protection Team Water Supply D~vision Mail Code 160 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 3, SECTION 3-1-12 OF THE CODE OF ORDINANCES BY AMENDING THE DAILY WATER CONSERVATION PLAN BY INCLUDING A DROUGHT CONTINGENCY PLAN; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 3, Section 3-1-12 of the Code of Ordinances of the Ci~~ of Coppell, Texas, be, and the same is hereby amended in part to read as follows: "Sec. 3-1-12 DAILY WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN A. Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and presetw'e public health, welfare, and safe~r and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the Cie)..' of Coppell hereby adopts the following regulations and restrictions on the deliveD: and consumption of water. Water uses regulated or prohibited under this Daily Water Conservation and Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section H of this Plan. B. Public Education The City of Coppell will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. The City may provide public education concerning the provisions of the water conservation to include, but not limited to, the following: WebPage · Water bill inserts · Direct mail-outs · Publication in the official City newspaper · Press releases to local and area media · Ci~,'s cable access channel · Periodic status reports to the City Council on drought response programs, water emergencies and their results. C. Coordination with Regional Water Planning Groups The City of Coppell purchases treated water through a wholesale water supply contract by and between the CiB' of Dallas. If there is a shortage in the water supplied to the City from any cause, Dallas Water Utilities (DWU) or other supplier may reduce the volume of treated water that is supplied. The reduction in the water distributed to the City is on a pro rata basis among all of the wholesale customers of the water supplier. IfDWU or other water supplier imposes a curtailment on water delivered, the City is required to cooperate by imposing conservation measures. DVYqS, the current supplier, or other water supplier has implemented a Drought Contingency Plan that includes water use restrictions that are applicable to the City of Coppell. The proposed stages and initiation conditions in this Plan are in accordance with the provisions established by DWU or other water supplier. /he sen:ice area of the City of Coppell is located within the Region C Regional Water Planning Group. The CiB, of Coppell provided information to Chiang, Patel and Yerby: Inc. for inclusion in the "2000 Update Long Range Water Supply Plan" for Dallas Water Utilities. D. Application The provisions of this Plan shall apply to all persons using water for watering for residential or non-residential customers of the Ci~"s water service whether or not such persons are located within the CiB~ limits. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. E. Definitions For the purposes of this Plan, the following definitions shall apply: 1. City shall mean the City of Coppell, Texas. 2 2. School shall mean the Coppell Independent School District, the Carrollton Farmers Branch Independent School District, and Lewisville Independent School District. 3. Homeowners Association or Commercial Property Owners Association (HOA 's/POA 's) shall mean a formal nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeox~.Tter in a specific area is automatically a member and (b) each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property, and (c) the charge if unpaid, becomes a lien against the nonpaying member' s property,. 4. Common Property is real property including but not limited to: parks, lakes, open space; trails and/or floodplain management areas. Common property is either owned in fee, controlled as an easement or is property, leased by a Homeowners Association or Commercial Property Owners Association for the common use, enjo3,nent and benefit of the members of the Homeowners Association or Commercial Property Owners Association. All common property shall be maintained by the members of the Homeowners Association or Commercial Property Owners Association, not the City. 5. Hand watering shall mean watering or applying water to a lawn, garden, or landscaping while holding the discharge end of a water hose. 6. Non-spray irrigation system shall mean use of soaker hoses, drip or bubble irrigation systems, or other means of applying water to an area without spraying the water into the air. 7. Irrigation shall mean watering or applying water to alavm, garden, or landscaping through the use of underground systems with pop-up heads, sprinklers attached to water hoses, unattended water hoses or any other means of applying water to alavm, garden, or landscaping which does not fit the definition of a non-spray irrigation system. 8. City Manager shall mean the chief executive officer of the City of Coppell under the Home Rule Charter or his designee. 9. Residential shall include the following districts: SF-ED, SF- 18, SF- 12, SF-9, SF-7, SF-0, 2F-9, TH-l, TH-2, MF-1, MF-2, and MH as defined by the Comprehensive Zoning Ordinance. 10. Non-residential shall include all districts not defined as residential districts by the Comprehensive Zoning Ordinance and all common property maintained by a Homeovmers Association or Commercial Property Ovmers Association. 11. Watering shall mean watering or applying water on the lawn, trees, landscaping, flower beds, fields, playground areas, gardens, common proper~', Ci~~ maintained proper¢.', School maintained property or other non permeable surfaces in any zoning district by hand watering, non-spray irrigation systems, irrigation systems or any other means. F. Criteria for Initiation Rescinding of Drought Response Stages, and Drought Response Stages The City Manager or his/her designee shall monitor water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Depending on the availability of water and the City's ability to supply essential water demands and fire protection, the City Manager, upon notification to the Ci~' Council, may implement the Plan prior to May 15 or extend the plan beyond September 15, in any given year. The City Manager, upon notification to the City Council, is authorized to move from Stage to Stage w/thin the Plan when requirements for initiation or rescinding are met. The City Manager, upon notification to the City Council, may also make minor changes to the Plan that are not detrimental to the effectiveness of the overall Plan. The following procedures are required to initiate or rescind each stage of the Plan: · Notification must be made by public announcement. · The order becomes effective immediately upon public announcement. · Notification will be provided for publication in the City's official newspaper after public announcement. The newspaper is published each Friday of the month. Additional notification will be provided by information posted on the City's webpage and cable access channel. The initiation conditions described herein for each response stage are based on historical analysis and recognized x~tlnerability of the water supply source and water distribution system during high water use demands and drought conditions. 1. Stage 1 - Water Awareness State a) Initiation Conditions: Stage 1 of the Plan shall be shall be implemented when one or more of the following conditions occur: 1) Annually, beginning on May 15 through September 15. 2) Short-term deficiencies in the City's distribution system limit supply capabilities. 4 b) Goals: 1) Achieve a voluntary, reduction in water use. c) Demand Management Measures: 1) No mandatoD' restrictions will be imposed on watering. 2) City will encourage water conservation by increasing awareness of Water Consetw'ation techniques though the use of various available means including but not limited to: web page, direct mail-outs, water bill inserts, cable access channel, press releases or other means available to advise the public of the requirements of this ordinance. d) Rescinding Conditions: 1) Stage 1 of the Plan shall be automatically rescinded on September 15 of each year, unless there is still a short-term deficiency in the City's distribution system or unless a different stage has been enacted and is still in force. 2. Stage 2 - Water Watch State a) Initiation Conditions: Stage 2 of the Plan shall be implemented when one or more of the following conditions occur: 1) Notification is received from DWU requiring implementation of like procedures by wholesale customers. 2) Water demands exceed ninety percent (90%) of the current maximum flow rate contracted with D~vTI for five (5) consecutive days. 3) Ground Storage Reservoir levels do not recover for two (2) consecutive days. 4) Short-term deficiencies in the Cit?'s distribution system limit supply capabilities. b) Goals: 1) Reduce the average daily water demand below 90% of the current maximum flow' rate contracted from DWU. c) Demand Management Measures: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays, Tuesdays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays, Tuesdays and Thursdays. 3) Non-residential water customers must conduct all watering on Mondays, Wednesdays, and Fridays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the CiB' on Mondays, Wednesdays and Friday's. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays, Wednesdays, and Fridays. 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Mondays, Wednesdays, and Fridays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA' s/POA's will be allowed on Mondays, Wednesdays and Fridays without an approved variance. 8) Nurser), (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with watering requirements for the landscaping associated with the building. 9) Use of non-spray irrigation systems and hand watering will be allowed all days. d) Rescinding Conditions: 1) Stage 2 of the Plan shall be rescinded when all of the initiating conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 2, Stage 1 - Water Awareness State becomes operative unless also rescinded. 3. Stage 3 - Water Warning State a) Initiation Conditions: Stage 3 of the Plan shall be implemented when one or more of the following conditions occur: 1) Notification is received fi.om DWU requiring water demand reductions in accordance with contract obligations for wholesale customers. 2) Water demands exceeds ninety-five percent (95%) of the current maximum flow rate contracted with DWU for five (5) consecutive days. 3) Short-term deficiencies in the City"s distribution system, such as system outage due to the failure or damage of major water system components, limit supply capabilities. 4) Ground Storage Reservoir levels do not recover for three (3) consecutive days. b) Goals: 1) Reduce the average daily water demand below 95% of the current maximum flow rate contracted from DWU. c) Demand Management Measures: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays and Thursdays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays and Tuesdays. 3) Non-residential water customers must conduct all watering on Mondays and Fridays. 4) The Ci~r must conduct all watering of center medians of streets, street rights-of-way, parks, City facilities and other areas maintained by the City on Mondays and Fridays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Mondays and Fridays. 6) Homeowners Associations or Commercial Property Owners Associations must conduct all watering of common property on Monday's and Fridays. 7) No watering, other than by non-residential users, the City, Schools, and/or HOA's/POA's will be allowed on Mondays and Fridays without an approved variance. 8) No watering will be allowed on Wednesdays, with the exception of non-spray irrigation systems, which will be allowed all days. Hand watering is restricted to the two allowed days. 9) NurseD' (garden and landscape) businesses are not restricted when watering business inventoD'; however, they must comply with watering requirements for the landscaping associated with the building. 10) In a Stage 3 Water Warning State, persons should contact the City Engineer's office prior to installing new landscaping to determine if a variance will be considered. As a general rule, no variance will be allowed during a Stage 3 Water Warning State. The City Engineer or designee, in a Stage 3 Water Warning State may revoke approved variances, if deemed necessaD~ to preserve the City's abilit5~ to supply essential water demands and fire protection. d) Rescinding Conditions: 1) Stage 3 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 3, Stage 2 - Water Watch State becomes operative unless also rescinded. 4. Stage 4 - Water Emergency a) Initiation Conditions Stage 4 of the Plan shall be implemented when one or more of the following conditions occur: 1) Notification is received from DWU requiring water demand reductions in accordance with contract obligation, for wholesale customers. 2) Water demands exceeds 100 percent (100%) of the current maximum flow' rate contracted with DWU for two (2) consecutive days. 3) Short term deficiencies in the Ci~r's distribution system, such as system outage due to the failure or damage of major water system components, limit supply capabilities. 4) Ground Storage reservoir levels do not recover for four (4) consecutive days. b) Goals: 1) Reduce the average daily water demand below 95% of the current maximum flow rate contracted from c) Demand Management Measures: 1) Residential water customers south of Sandy Lake Road must conduct all watering on Sundays. 2) Residential water customers north of Sandy Lake Road must conduct all watering on Saturdays. 3) Non-residential water customers must conduct all watering on Wednesdays. 4) The City must conduct all watering of center medians of streets, street rights-of-way, parks, CiB' facilities and other areas maintained by the City on Wednesdays. 5) Schools must conduct all watering of School sites, School facilities and other areas maintained by the Schools on Wednesdays. 9 6) Homeovmers Associations or Commercial Property Owners Associations must conduct all watering of common property on Wednesdays. 7) No watering, other than by non-residential users, the Ci~~, Schools, and/or HOA' s/POA's will be allowed on Wednesdays. 8) No watering will be allowed on Mondays, Tuesdays, Thursdays and Fridays, with the exception of non-spray irrigation systems, which will be allowed all days. Hand watering is restricted to the one allowed day.'. 9) Nurser)-' (garden and landscape) businesses are not restricted when watering business inventor).,; however, they must comply with watering requirements for the landscaping associated with the building. 10) In a Stage 4 Water Emergency State, persons should refrain from installing new landscaping. No variance for watering more than one day per week will be allowed during a Stage 4 Water Emergency State. The City Engineer or designee, in a Stage 4 Water Emergency State will revoke any variances approved during the Stage 3 Water Warning State. d) Rescinding Conditions: 1) Stage 4 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist for a period of five (5) consecutive days. Upon termination of Stage 4, Stage 3 - Water Warning State becomes operative unless also rescinded. 5. Stage 5 - Emergency Water Shortage a) Initiation Conditions: Stage 5 of the Plan shall be implemented when the City Manager determines that a water supply emergency exists based on one or more of the following conditions: 1) An), major water system component failure that causes the unprecedented loss of capability, to provide water sen:ice. 10 2) Natural or man-made contamination of the water supply source(s). b) Goals: 1) Restrict all watering to allow the water system to recover from the emergency' condition. c) Demand Management Measures: 1) No outdoor watering will be allowed. 2) Door hangers vdll be placed on all houses in the affected area providing information about the situation. d) Rescinding Conditions 1) Stage 5 of the Plan shall be rescinded when all of the initiation conditions have ceased to exist. The City Manager will then determine what stage of the Plan should be implemented and the specific water use restrictions required to preserve the City's ability, to meet essential water demand and fire protection. G. Variances 1. The City Manager, or his/her designee, ma3', in v~xiting, grant variances for water uses to establish new lawns or landscaping other~vise prohibited under this Plan under Stage 1 or 2, as provided herein. Persons requesting a variance from the provisions of this Plan shall file a request with the Ci~, of Coppell to be reviewed by the Ci~r Manager, or his/her designee, and shall include the following: a) Name and address of the petitioner(s). b) Purpose of water use (only consideration will be for new lawns or landscaping). c) Detailed statement as to how the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. d) Period of time for which the variance is sought. 11 e) Other pertinent information. 2. Variance m~' be granted to persons under conditions established herein while on vacation in the event that power failures or other acts beyond their control cause irrigation systems to malfunction and water on the -~,xong day. A vacation variance shall meet the following criteria: a) A maximum two week period. b) Request considered only during Stage 1, 2 or 3. 3. Variances granted by the City of Coppell shall be subject to the following conditions, unless waived or modified by the City Manager or his/her designee: a) Variances granted shall include a timetable for compliance. b) Variances will only be considered if the City is in Stage 1 or 2 (or Stage 3 for a vacation variance). c) All variance forms shall be prominently displayed near the front door. d) Any variance may be revoked if conditions worsen. e) Variances shall expire when the Plan is no longer in effect. f) No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. H. Enforcement No person shall knowingly or intentionally allow the use of water from the Ci~~ of Coppell for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the Stage in effect at the time pursuant to action taken by the CiB' Manager, or his/her designee, in accordance with provisions of this Plan. A person who violates this Plan is guilt3.' of a separate offense for each da): or portion of a da)' during which the violation continues and, upon conviction, shall be punished as follows: 1. First conviction: Fine of not more than twen~-five ($25.00) dollars; 2. Second conviction: Fine of not more than fifty ($50.00) dollars; 3. Third and subsequent convictions: Fine of not less than rift5.' ($50.00) 12 dollars, nor more than two hundred ($200.00) dollars SECTION 2. That all provisions of the Code of Ordinances of the CiB: 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 an)' word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validi~~ 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 validiB~ of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. An)' person, finn or corporation violating an)' of the provisions of Section 3-1-12 of the Code of Ordinances as amended herein, shall be deemed guilt)., of a misdemeanor and, upon the fn'st conviction, shall be punished by a fine not to exceed ~enty- five ($25.00) dollars, upon second conviction be punished by a penalB: of fine not to exceed fi~' ($50.00) dollars for each offense, and upon the third and subsequent conviction shall be punished by a penalty of fine not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars for each offense, and each and eyeD, da)' such offense is continued, shall constitute a new separate offense. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 13 DULY PASSED by the Cib: Council of the Cib' of Coppell, Texas, this the __ day of ,2002. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPRO~JORM: ROBERT E. HA~, CITY A~Om 14 CITY COUNCIl. MEETING: January 8, 2002 ITEM MAYOR AND COUNCil, REPORTS A. Report by Mayor Sheehan regarding Public Hearings on Frontage Roads. B. Report by Mayor Sheehan regarding Tex 21 Meetings. C. Report by Mayor Sheehan regarding Guide to Parks and Recreation. D. Report by Mayor Sheehan regarding Adopt a Location Agreement. E. Report by Mayor Sheehan regarding new book from local author. F. Report by Mayor Sheehan regarding Budget Meetings. G. Report by Mayor Pro Tern York regarding Senior Center. H. Report by Mayor Pro Tern York regarding Chamber of commerce. I. Report by Mayor Pro Tern York regarding Police Department. CITY MANAGER'S REVIEW: