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CC apprvl of reconsid. of dnial AGENDA REQUEST FORM COUN~L ~.E~NG ~rch 9, 1993 I~ ~~ ITEM CAPTION: Brazos Electric request to reconsider denial of zoning Case ~S-1041(A), for an amend- ment to an SOP site plan for an electrical substation, located at the northwest corner of Thweatt Road, Sandy Lake Road and Coppell Road. SUBMITTED BY: STAFF REP.: Planning Director. Gary L. Sieb ector's Signarta,-e) OTHER REP.: 7EM DATE: On February 9, City Council denied the request of Brazos Electric for an amendment to an existing SUP (Special Use Permit) for an electrical substation at the intersection of Thweatt, Coppell and Sandy Lake Roads. Brazos has requested this item be placed on the agenda to further clarify Brazos' intentions for development. Their intentions are outlined on the February 26 letter attached. Because of a question regarding the City's and T.U. Electric's development obligations (which were discussed at the original granting of the SOP in 1989), staff felt more time and research were necessary to clarify both the public and private sector's obligations for improvements. Brazos, being an additional player, and T.U. Electric, being the initial applicant are both interested in resolving misunderstandings, so construction can begin as soon as possible. Staff will provide additional information if Council votes to reconsider this zoning request. O TE _ - -' BUDGBT M,{T. ~/~ AI~. ~STII~TF.D AMT +/- BUDGET FINANCIAL REVIEW BY COMMENTS: LEGAl. REVIEW BY: ~ ,;,.'~7,/t R£~,UL~T ~GP.M R~,'~;-~ ', 9! REVIEWED BY CM: ,~~ .~ Februar~ 16, 199~ .~TRIC POWER COOPERATIVE, INC. 2404 LaSalle Avenue · P.O. Box 2585 Waco, Texas 76702-2585 (817) 750-6500 FAX (817) 750-6990 Mr. Gary Sieb, A.I.C.P. Director of Planning & Community Services 9.55 Parlc~vay Blvd. Coppell, Texas 75019 Dear Mr. Sieb: Brazos Electric would like to be placed on the Agenda for the February 23, 1993 City Council meeting. Brazos Electric would like to discuss the zoning change request, Case //81041 (A), for an amendment to an SUP site plan for an electrical substation, located at the northwest comer of the intersection of Thweatt and Coppell Road. This item was voted on by the council at the February 9, 1993 meeting. Please let me know if this can be placed on the Agenda. Very truly yours, Albin A. Petter, P.E. Environmental & Land Acquisition Manager BRAZOS Mr. Gary Sieb, A.I.C.P. Director of Planning & Community Services 255 Parkway Blvd. Coppell, Texas 75019 -----~'~/ '~ BRAZOS ELECTRIC POWER COOPERATIVE, INC. 2404 LaSalle Avenue · P.O. Box 2585 Waco, Texas 76702-2585 26 ,, FAX (817) 750-6290 MAR - ! 1993 Re: Case #S-1041 (A) - SUP Application Dear Mr. Sieb: Pursuant to our conversation on February 26, 1993, I am writing to confnma that subject to the City's approval of Brazos Electric's SUP application, Brazos Electric would agree to certain conditions, set forth below, to be incorporated in the SUP pursuant to the above referenced application. By way of background, the June 5, 1989 letter from Alan D. Ratliff, City Manager for the City of Coppell to Tom Parsons, the then District Manager for TU Electric (a copy is attached as Exhibit A) and the City Council minutes of the 1989 SUP approval (a copy is attached as Exhibit B) indicates that TU would be relieved of the cost of paving pursuant to the future widening of Thweatt and Coppell Road contingent upon the following conditions: 1) The dedication to the City of a 40' easement out of the substation site along Thweatt and Coppell Road; 2) The donation to the City by TU Electric of "the right-of-way for the old Brazos Power and Light easement which parallels Sandy Lake Road," and 3) TU Electric would pay for the relocation of "this line" (referring to the "old Brazos Power and Light" line) at the time the City initiates the upgrade and improvement of Sandy Lake Road. Although Brazos Electric and TU Electric dedicated the 40' easement as agreed upon in condition # 1 above, the agreements negotiated and agreed to between TU Electric and the City in 1989 were never incorporated into a written agreement, and there appears to be some disagreement as to what the parties intended with regard to condition 9. and 3. Because it is essential that Brazos Electric proceed with the needed improvements to the Coppell Substation site immediately, and in order to secure approval of the Special Use Permit at the March 9, 1993 City Council meeting, Brazos Electric has agreed to pay to the City the paving assessment (estimated at between $179 and $200 per running foot) for the 379.57 feet of substation site frontage along Thweatt Road and the 171.06 feet of substation site frontage along Coppell Road, such frontage being shown on Exhibit C, attached hereto Please confirm in writing that Brazos Electric's SUP application//1041 (A) is set on the March 9, 1993 City Council Agenda, and that the City Manager and Planning Department will recommend to the City Council that Brazos Electric's SUP application be approved with the following conditions, in lieu of conditions 1 and 2 of your letter to me dated January 22, 1993. As restated, these conditions would state: 1) that Brazos Electric will pay to the City the paving assessment (estimated at between $179 and $200 per running foot) for the 379.57 feet of substation site frontage along Thweatt Road and the 171.06 feet of substation site frontage along Coppell Road, as shown on Exhibit C; 2) more complete landscaping along the substation site frontage along Thweatt Road and Coppell Road when the roads are finished; and 3) including the four variances set forth in Brazos Electric's letter to the City dated January 6, 1993. If the City Council should deny Brazos Electric's application for a Special Use Permit at its March 9, 1993 meeting, this offer will be withdrawn. Very truly yours, Albin A. Petter, P.E. Environmental & Land Acquisition Manager Encl. Estates, located approximately 450' north of Bethel School Road, along the west side of lIarris Road with the following conditions (1) no alley requirement; (2) cul-de-sac length exceeding 600 feet; (3) allowance for less than standard minimum street centerline radius and (4) drainage, sanitary sewer, water access, turn-around design, etc. all meet City guidelines. Councilman Morton seconded the motion; the motion carried 4-2 with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton, and Robertson voting in favor of the motion and Councilman Weaver and Mayo voting against the motion. 13. Discussion and consideration of Brazos Electric's request to reconsider denial of zoning Case #S-1041 (A), for an amendment to an SUP site plan for an electrical substation, located at the northwest corner of Thweatt Road, Sandy Lake Road and Coppell Road. Councilman Morton moved to reconsider denial of zoning Case #S-1041 (A). Councilman Robertson seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, and Robertson voting in favor of the motion. Philip Segrest, Attorney for Brazos Electric, made a presentation to the Council. Al Petter with Brazos Electric also made a presentation to the Council. Brazos Electric and TU Electric have agreed that they will pay the paving assessment and also relocate the wooden pole that runs from the Coppell substation down Sandy Lake Road at the time of the widening of Sandy Lake Road. Kirk King, TU Electric District Manger, addressed the council. Mr. King stated that relocation of the pole would preferably be in the median. Mr. Segrest stated that one possibility would be to remove that issue from this SUP, Brazos Electric and TU would be willing to pay the paving assessment and not have that as part of this SUP. Councilman Weaver moved to table this issue until such time as Staff and City Attorney have a chance to work with the Applicants on a resolution of the issues and understandings. Councilman Thomas seconded the motion; the motion tied 3-3 with Councilmen Weaver, Thomas and Mayo voting in favor of the motion and Mayor Pro Tem Smothermon and Councilmen Morton and Robertson voting against of the motion. Mayor Wolfe cast his vote against the motion, resulting in the motion being denied 3-4. Councilman Robertson moved to approve the request for Brazos Electric's zoning Case #S-1041 (A) for an amendment to an SUP site plan for an electrical substation, located at the northwest corner of Thweatt Road, Sandy Lake Road and Coppell Road and request that Staff, Applicant and City Attorney meet to work out any concerns. Councilman Morton seconded the motion; the motion tied 3-3 with Mayor Pro Tern Smothermon and Councilmen Morton and Robertson voting in favor of the motion and Councilmen Weaver, Thomas and Mayo voting against the motion. Mayor Wolfe cast his vote in favor of the motion, resulting in the motion being carried 4-3. 14. A. Consider a request from Morris Salerno that the City Council reconsider a sign variance for Gibb's Station Restaurant. Consideration of a request for variance to Sections 10-5-3(A) and 10-5-3(B3) of the Sign Ordinance which concerns allowable areas for attached signs. This variance is being requested by Mr. Morris Salerno, Jr. for the Salerno Gibbs Station Restaurant at 125 Kimbel Court. Councilman Thomas moved to reconsider a sign variance for Gibb's Station Restaurant. Mayor Pro Tem Smothermon seconded the motion; the motion carried 6-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo and Robertson voting in favor of the motion. Greg Jones, Chief Building Official, made a presentation to the Council. Morris Salerno, Applicant, also made a presentation to Council. Mr. Salerno stated that all signs on the front of the building and the sign on the rear of the building stating "Restaurant" would be removed. Councilman Robertson moved to approve the variance of Section 10-5-3(A) and 10-5-3(B3) of the Sign Ordinance as requested by Mr. Morris Salerno, Jr. with the condition that the signs stated would be removed and that all CM030993 Page 4 of 7