PD132-AG 950509 AGENDA REQUEST FORM
ITEM CAPTION:
Consideration and approval of an Ordinance for PD-132, to change the
zoning from C (Commercial) to PD-SF-9 (Planned Development, Single
Family-9), with special conditions, for property located at the north
side of Denton Creek, along the east and west side of MacArthur
Boulevard, and authorizing the Mayor to sion. \
SUBMITTED : Gary L. Sieb~
TITLE?~tor--~-~nning & Community Services INITIALS ~,
ST~FF CO~E~S:
This PD was approved, with conditions, by the City Council at its June
14, 1994, meeting.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
FINANCIAL REVIEW.~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 1/94
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "C" (COMMERCIAL) TO "PD-
SF-9" (PLANNED DEVELOPMENT, SINGLE FAMILY-9) WITH SPECIAL
CONDITIONS ON PROPERTY LOCATED AT THE NORTH SIDE OF
DENTON CREEK, ALONG THE EAST AND WEST SIDE OF MACARTHUR
BOULEVARD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED
HERETO AS EXHIBIT"B"; THE LANDSCAPE PLAN ATTACHED HERETO
AS EXHIBIT "C"; THE TREE SURVEY AS EXHIBIT "D"; AND THE
ARBORIST REPORT AS EXHIBIT "E'; PROVIDING A REPEALING
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY 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 thc
affected area and in the vicinity thereof, the said governing body is of the opinion that
Zoning Application No. PD-132 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 thc 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 are hereby amended to grant a change in zoning from
"C" (Commercial) to "PD-SF-9" (Planned Development, Single Family-9) with Special
Conditions on property located at the north side of Denton Creek along the east and west
side of MacArthur Boulevard, Coppell, Dallas County, Texas, and being more particularly
described in Exhibit "A" attached hereto, and made a part hereof for all purposes.
SECTION 2. That the aforementioned change in zoning is hereby granted subject to
the following special conditions:
1. The height and material of fencing on the northern property line shall be
uniform.
2. Curb lines will be defined on the face of any plat approved for the property.
3. Details with respect to the Hike & Bike Trail will be described on any plat
approved for the property.
4. That the property shall be subject to the requirements of "SF-9" Single Family
Residential District Regulations except as noted in this ordinance.
5. That the property shall be developed and used only in accordance with the
Site Plan attached as Exhibit "B", the Landscape Plan attached as Exhibit "C",
the Tree Survey attached as Exhibit "D" and the Arborist Report attached as
Exhibit "E".
SECTION 3. That the Site Plan attached as Exhibit "B", the Landscape Plan attached
as Exhibit "C", the Tree Survey attached as Exhibit "D" and the Arborist Report attached
as Exhibit "E", and made a part hereof for all purposes, be, and the same 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.
2 9764 t~ 197
SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City
of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 6. 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 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. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
3 976~6197
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ ~
day of '~~, 1995.
APPROVED:
RTON, MAYOR
ATFEST:
APPROVED AS TO FORM:
P ~~~R~G. SMITH, CITY ATTORNEY
(PGS/ct 4-12-95)
4 97644197
~ "' ¢ MACA~ PARK
214 ;304 36,73
04/11/95 ~4::35 CITY OF COPPELL 0E)"7.
SHADE MASTERS, nc.
P.O. BOX 13,533
ARLINGTON, TEXAS
817.261-4233
April 19, 1994
Mr. Skip Hynek
MSH Investments, Inc.
18124 Peppy Place
Dallas, Texas 75252
Dear Mr. Hynek:
In accordance with your request for arboricul%ural consultat-
ion this report presents basic tree protection guidelines
and a preliminary review of indiy~nuus trees in a pre-
construction status located on two tracts of land that are
planned for residential housing.
Site review: April ]4-15, 1994
Project: MacArthur Park
MacArthur Blvd. ~ Denton Creek, Coppell, Texas
Tree species: (A) dominant
Red Oak (Quercus shumardii)
Cottonwood (Populus deltoides)
Pecan (Carya illinoensis)
Bur Oak (Quercus macrocarpa)
Green Ash (Fraxinus penns¥1vanica)
American Elm (Ulmus americana)
Cedar Elm (Ulmus crasslfolia)
Bois d'Arc (Maclura pomifera)
(B) ~u~ordina~e/young
Honey Locust (Gleditsia %riacanthos)
Mesquite (Prosopis glandulosa)
Hercules-Club (tan~hox¥1um clava-herculis)
Hackberry/Sugarberry (Cel~is laevi~a~a)
Chinaberry (Melia azedarach)
Gum Dumelia (Bumelia lanuginosa)
These land tracts are heavily wooded with very large trees of
predominantly Oak, Ash, Elm, arid Cottonwood. Many are well-
formed specimens in fair to very good condition for wooded and
open-wooded sites. There are ~he typical problems oi vines,
deadwood, low limbs, and, in some trees mistletoe. A very large
Cottonwood located at the southern most tip of Tract Two, has
sustained ~he removal of 99% of trunk bark by nutria or beavers.
This tree is no5 expected to survive the summer.
l! [x.,.n' I
21~ 50~ 36?3
14:35 CITY OF COPPELL 008
Page Two
MSH/MacArthur Park
April ]9, 1994
Subordinant invader species of trees, vin~s and ~hrubs are
thriving since agricultural grazing and mowing have b~er~ dis-
continued, making large areas impenetrable to man or vehicle.
Residential use of this l~nd has th~ potential to retain a
significantly greater quantity of these stately trees as assets
to the community, compared wibh commercial development that
typically requires large structures and expansive areas of parking.
Large-scale tree removal would occur and massive root injury
to remaining trees is probable. Perhaps the only survivors
would be found at the perimeter of the
Any development of wooded property carries a risk of damage
the root systems of trees wi~h attendan~ stress, decli~e and
tree death. Compromises In favor of trees are not always possible,
acceptable nor always failsafe with r~gard to a~uring tree
survival. However, pre-construction planning, in conjunction
with tree preservation guidelines, can signi£ican%ly reduce
soil disturbances and soil compaction that contribute to root
failure and tree death.
The root system is perhaps the most important structure of the
bree, and the most frequentl~ offended. Roots not only provide
anchorage but large and small roo~s interact wi~h ~he soil
chemistry and microbes %0 obtain oxygen, nitrogen, minerals,
and water. Aside from obvious roo~ loss due ~o trenching and
grade cuts, soil fill and soil compaction alter the drainage
and oxygen-carrying capacities of soils and directly affect
root survival in a less obvious manner. The critical root mass
of a mature tree occupies the upper 12"-18" of most soil profiles
and the root system may spread to a distance 1 to ~ times
height of the tree.
Tree species vary in sensitivity to significant changes in ~heir
root zone environments and physical loss of roots. Other vari-
ables are age, health, climatic and soll moisture conditions,
increased wind and sun exposure, increased re£1ec~ed heal from
pavinG and walls, restriction of surface and subsurface
drainage.
The tree species list on Pa~e One, places the dominant size
species in order to sensitivity ~o construction injury wit]]
Red Oak being the most sensitive and Bois d'Arc the most
tolerant of this group.
An effective land development plan to preserve large indigenous
trees is a coordinated effort by a beam composed of the owner/
developer, landscape architect/land planner, consulting arborist,
engineering, and a soil testing laboratory.
214 304 36?3
04/11/95 14:36 CITY OF COPPELL 00~
Page Three
MSH/MacArthur Park
April ]g, 1994
Pha~c I has designed the sbreet alignment tO minimize the loss
of large trees and Phas~ II Will entail detailed engineering in
conjunction with assessing the conditions of health and
survivability of trees adjacent tO grade cuts for streets and
utilities. Trees that will sustain root cuts that Will make
them unstable and car~didates for wind-throw, Will be recommend-
ed for removal. However, acceptable alternatives to root-damaging
procedures will be explored as a team planning effort. Such
options as may be considered are, but notlimited to, location
and design of sid~walks, modification of curb designs and locat-
ions, types of paving and required depth of the prepared sub-
grade, potential for streets as dra~ag~ vehicles vers~s storm
drains, location o£ buried utility easements, boring under
systems, coordinating th~ locations of service taps, inlets and
outlets, utility pedestals, stree~ lighting, driveway aprons,
fire hydrants, and cut and fill requirements for site drainage.
Options for land clearing techniques are aLSO an integral part
of si~e protection pla~ning.
At %hi~ stage, some lan~ clearing will have tO OCCUr iBOrder to
evaluate tree conditions and provide access for surveyors and,
later, tree maintenance crews.
Phase III finalizes the pre-construction tree health management
recommemdabions with implementa~ion of pruning for road and
equipment clearance, deadwood and hazard limb removal, ~ree
fertilization, and remedial grade work to remove soil covering
the root ~lare structures that define the natural grade of
woody plan~. Additionally, determine ~he need for and implement
installation of barrier fencing and apply woodchip mulch to
protect root zones from dmssica~ion.
Selected trees will require borer control sprays on a monthly
basis to reduce the potenbial for infestation of and vascular
damage by woodboring insects that are attracted to trees stress-
ed from roo~ loss and physiological drought.
In summary, please refer to %he Tree S~rYe~ and Tre~
~os~&~ as an example of how each tree will be reviewed in
the field with appropriate recommendations. Ex~iDi~s I & ~;
outline plann~n~ and i~r. pl~m~ntation ~ormaDs and general tree
protection guidelines. As pre-development information is forth-
coming some aspects of tree-relaDed recommendations are subject
to refinement.
214 50~ 36?5
04/11/95 14:56 CITY OF COPPELL 010
Page Four
MSH/MacArthur Park
April 19, i994
We look forward to the opportunity to wor~ with you on this
interesting project and will be available to respond to
questions and concer:]s that may arise in your early stages
of planning.
Sincerely,
G. Sandy Rose, ASCA
Consulting Arborist
Shade Masters, Inc.
GSR/bg
21~ 304 5675
0~/11/95 1~:~7 CITY OF COPPELL 011
FL&NNINO & IMFLgMgNT&TION
PHASE I PLANNING
-prm]~.minary s~.te/tree plan
-access clearing
PHASE II FLANNIN~
-tree survey.., tag and assess tree healbh & conditions
-determine areas for construction staging, storage, parking
-review alternative conmbruction designs/techniques
-finalize engineerin~ & trees %o remove
PHASE III PLANNING & PRE-CONSTRUCTION ACTION -finalize tree care recommendations/specs
-bid and implement pre-cons%ruction tree health management...
prune, fertilize, fencing, woodchips, selected tree removals,
and borer control
-esgablish a Dlan for tree waterin~ during drought
-prepare a ~A~DMATM FO~ T~g~S* pro, ram for contractors, builders
and homeowners
-tree protection signage on-site
-pre-cons%ruction meeting with city and con~ractors, landscape
architect, developer, consulting arborist...~D~TS FO~ T~g~*
PHASE IV CONSTRUCTION ACTION
-monitor root disturbances/repairs
-monitor tree responses.., soil moisture.., site protection
-arboris~ confers wish developer/owner as required
a program designed to make contractors, builders, owners, etc.
aware of %he sensitivity of trees to site disturbance activities
and why certain procedures have been employed; obtain their
coopers%ion with the ~ree protection pro~ram
214 384 3673
04/11×95 14:37 CITY OF COPPELL 012
EXI-II BIT LI
TKEE PROTECTION GUIDELINES-GENERAl.
A. determine the condition and health of a tree subject to grade
cuts, fill, compaction, etc .... will it survive?
B. ~' hgt. chainlink fence installed at 'the dripline perimeter
(minimum)... full enclosure may not be required
C. mulch should be spread under tl%e dripline to a thickness of 3"
for trees subject to soil compaction and drought
D. supplemental tree watering may be required to maintain proper
soil moisture condi&ions
=. soil boring under trees versus bypass trenching, at a minimum
depth of 3 feet for buried utility lines.., borer pits stsrt
at either sid8 of &he dripline
F. bypass trenching minimum distance from trunk...
trunk diameter 18" trench distance 14'
24" 16'
30" 18'
36" 20'
42" 22'
G. large trees sustaining root loss from grade cuts or trenching
within 8 fee~ of the trunk may be subject to wind-throw an4
should be viewed as a potential liability.., root loss may also
impose considerable stress and decline resulting in a hazard
H. pruning of trees subject to root loss may require compensating
removal of live growth of approximately 10-15%... sanitation
pruning to remove weak and deadwood should also be performed...
provide working clearances for construction equipment and other
structures to prevent limb breakage... National Arborist
Association standards shall apply, unless otherwise noted
I. fertilization/soil aeration recommendations shall be determined
based upon soil reports, tree species, time of year, and health
of the tree(s)
J. remedial grade change.., remov~ soil covering root flares
K. borer control sprays ... apply Lindane insecticide at 21-30 day
intervals during the months of March thru November
214 384 5673
04/11/95 14:37 CITY OF COPPELL 815
SHADE MASTERS,
P,O. BOX 13533
ARLINGTON. TEXAS 76094
817-261-4233
Tree Survey Glomsary
A Tree Survey is used in the review of trees for the determination
health conditions, %res health management programs and to serve
as an inventory. In conjunction with specifications this survey
can be used in the procurement of bids from competent arborists.
C,'~L ... inches of trunk diameter for transplantable trees; trees
under 5" cal. are measured at 6" above grade; trees 5" and
larger are measured at 12" above grade
DBH ... inches of trunk diameter measured at 4~' above grade (dia-
meter breast height)
F~ED ...soil injection under high pressure of a suspension mix of
a ~low-release fertilizer; soil aeration is a valued
benefit of this procedure
INYXGO~/%TE ... soil injecblon under high pressure of a soluable
quick actin~ but short-term macro and/or micronutirent.
fertili~er as a s~imulant for trees u~der stress, SOil
compacgion, ¢onstruc~ion damaged, or deficient in nutrients
PRIINE ... indicates recommendation for removal of live growth and/or
deadwood for a specific purpose, is. sanitation, clearance
of structures, structural improvement, hazard reduction, etc.
GRADE ... indicates that the natural grade of the tree has been
covered with soil or the tree t]as been planted too deeply;
carefully remove soil fill to expose roG% flares; a tree
well may result
GIRD RT ... need to remove encircling root(s) at the base of tree...
such a root will constrict trun~ or root flare tissues
and impair vascular conductivity of water & nutrients to
the root system
SOAR ... %rest damage on trunk, root flare or limb caused by insects,
disease, lightning, animals, or mechanical ob3ects
INSECT .~. foliar, limb or trunk infestations that are or could be
njurious
DISEASE ... funsal or bacterial infections
(blank space) ... field notes ~larifying recommendations
R~MO¥~ ... cut tree or shrub to Grade level
ST[Tt~P ... grind or cut stump to below ~rade level
21~ 504 3675
84/11/95 14:38 CITY OF COPPELL 014
P.O. ~x 13~
ARLING~N, TE~S 7~ TREE OWNER: HSH
ADDRESS:_ MacA~thu~ Blvd. ~ Denton
c~.e_e.}[~ Copp~ll, Texas
T~E SUrVeY ... T~act II (sample) DATE:_ April
214 5D4 36?5
04/11/95 14:38 CITY OF COPPELL ~)15
POI~.
Chief Phillips updated Council on the wind storm which occurred Sunday, May 7, 1995
producing approximately 70 m.p.h, winds resulting in 33 home damage reports being filed with
approximately $200,000.00 in damages.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Minutes of: April 18, 1995
April 25, 1995
B. Consideration and approval of a proclamation naming the week of
May 20-26, 1995 as "National Safe Boating Week," and authorizing the
Mayor to sign.
C. Consideration and approval of Proclamation naming Sunday, May 14,
1995 as "Coppell Celebrates Appreciation Day," and authorizing the
Mayor to sign.
D. Consideration and approval of a Resolution of the City of CoppeH,
Texas, amending the guidelines and criteria for tax abatement
agreements, providing an effective date, and authorizing the Mayor to
sign.
E. Consideration and approval of a Resolution of the City Council
designating a geographical area as an area of high unemployment for
pm'poses of the Alien Entrepreneur Program authorized by No. 8 Code
of Federal Register, Section 204.6 and authorizing the Mayor to sign.
F. Consideration and approval of an Ordinance for PD-132, to change the
zoning from C (Commercial) to PD-SF-9 (Planned Development, Single
Family-9), with special conditions, for property located at the north side
of Denton Creek, along the east and west side of MacArthur Boulevard,
and authorizing the Mayor to sign.
G. Consideration and approval of an Ordinance for S-1085 (Gloria's
Pizza), to change the zoning from C-S.U.P. (Commercial, Special Use
Permi0 to C-S.U.P. (Commercial, Special Use Permi0 to allow the
expansion of the existing restaurant, with special conditions, for
property located at 1086 East Sandy Lake Road, Lot 12, Kimbel
Addition, and authorizing the Mayor to sign.
CM050995
Page 5 of 14
H. Consideration and approval to award Bid #Q-0395-02, for the
construction and installation of lighting for five (5) athletic fields located
at Pinkerton Elementary School and Coppell Middle School West
Campus, to Dean Electric, Inc. in the amount of $160,000.00.
Item B was pulled for separate consideration.
Item H was pulled from the agenda.
Items A, C, D, E, F, G --
Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, C, D carrying
Resolution 050995.1, E carrying Resolution 050995.2, F carrying Ordinance 91500-A-89, and
G carrying Ordinance No. 91500-A-90. Councilmember Alexander seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges,
Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
Item B --
Mayor Morton read the proclamation for the record and presented the Proclamation to Sara Jean
Pfeiffer representing the U. S. Coast Guard Auxiliary of Lewisville. Councilmember Mayo
moved to approve Consent Agenda Item B. Councilmember Sturges seconded the motion; the
motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges,
Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion.
Item H --
Councilmember Alexander expressed concerns regarding the Joint Use Agreement issues not
addressed. City Manager Jim Witt addressed this issue with Council and indicated that he would
get with Buddy Echols and clarify the issues and bring back to Council at the May 23, 1995 City
Council meeting.
14. Consideration and approval of a Resolution authorizing the City Manager to
execute agreements, and the Fire Chief to develop a Memorandum of
Understanding, on behalf of the City of Coppell for automatic assistance
between the City of Coppell Fire Department and its neighboring cities, and
authorizing the Mayor to sign.
Clay Phillips, Assistant City Manager/Fire Chief, made a presentation to the Council.
Councilmember Sheehan moved to approve Resolution No. 050995.3 authorizing the City
Manager to execute agreements, and the Fire Chief to develop a Memorandum of
Understanding, on behalf of the City of Coppell for automatic assistance between the City of
Coppell Fire Department and its neighboring cities, and authorizing the Mayor to sign.
CM050995
Page 6 of 14