CP 2002-09-10
NOTICE OF CITY COUNCIL MEETING AND AGENDA
SEPTEMBER 10, 2002
CANDY SHEEHAN, DOUG STOVER, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DAVE HERRING, Place 6
DIANA RAINES, Place 3 BILL YORK, Place 7
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 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. 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, September 10, 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 reser ves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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Page 1 of 6
ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Settlement Agreement with TXU on Franchise Fees.
2. Shea v. City of Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Appointments to Boards and Commissions.
B. Discussion regarding Group Homes.
C. Discussion regarding Royal Lane Construction.
D. Discussion regarding City-owned land in Old Coppell.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Presentation by CISD celebrating the American Character.
7. Consider approval of a proclamation dedicating September 11, 2002 as
ALWAYS REMEMBER 9-11 DAY, and authorizing the Mayor to sign.
8. Consider approval of a proclamation naming the week of September 16
through 22, 2002 as CONSTITUTION WEEK, and authorizing the Mayor to
sign.
9. Citizen's Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 27, 2002.
B. Consider approval of an ordinance amending Section 8-1-3 of the
Code of Ordinances of the City of Coppell establishing 45 miles per
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ITEM # ITEM DESCRIPTION
hour as the maximum prima facie speed limit on the nor thbound
State Highway 121 Frontage Road from Nor thpoint Drive to Denton
Creek; and authorizing the Mayor to sign.
END OF CONSENT
11. Consider appointments to City’s Boards, Commissions and Committees.
12. Consider approval of an Ordinance approving and adopting the budget for
the City of Coppell for the Fiscal Year October 1, 2002 through September
30, 2003, and authorizing the Mayor to sign.
13. Consider approval of an Ordinance of the City of Coppell, Texas levying the
Ad valorem taxes for the year 2002 at .6486/$100 taxable valuation of
which .43296 for operations and maintenance and .21564 for interest and
sinking, and authorizing the Mayor to sign.
14. PUBLIC HEARING (CONTINUED):
Consider approval of text amendments to Chapter 12, Zoning, of the Code
of Ordinances, to provide a definition, regulations and districts per mitted
for group homes.
15. PUBLIC HEARING:
Consider approval of Case No. ZC-610(CH)/PD-198, zoning change request
from C (Commercial) to PD-198-SF-7 (Planned Development-198-Single-
family-7), to recognize existing residential single-family uses on
approximately nine acres of proper ty located along Bullock and Howell
Drives.
16. PUBLIC HEARING:
Consider approval of Case No. S-1146R, 416 Bethel Road, zoning change
request from HO-R-S-1146 (Historic Overlay–Retail-Special Use Per mit-
1146) to HO-R-S-1146R (Historic Overlay–Retail-Special Use Per mit-1146
Revised) to allow the relocation, expansion and renovation of an existing
storage building into a 256 square-foot office located nor th of the existing
building at 416 Bethel Road.
17. PUBLIC HEARING:
Consider approval of Case No. S-1198R, Assured Self Storage, zoning
change request from LI-S-1198 (Light Industrial-Special Use Per mit-1198)
to LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised), to
amend the site plan and increase the size of the mini-warehouse facility
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ITEM # ITEM DESCRIPTION
with on-premise use (caretakers quar ters) to approximately 75,000-square
feet on 4.83 acres of proper ty located along the south side of Belt Line
Road, approximately 4,100 feet east of MacAr thur Boulevard.
18. Consider approval of the Assured Self Storage Addition, Lot 1, Block 1,
Minor Plat, to allow the construction of an approximately 75,000 square-
foot mini-warehouse facility with on-premise residential use (caretakers
quar ters) on 4.83 acres of proper ty located along the south side of Belt
Line Road, approximately 4,100 feet east of MacAr thur Boulevard.
19. PUBLIC HEARING:
Consider approval of Case No. S-1188R, Pan Acean Noodle Shop & Grill,
zoning change from C-S-1188 (Commercial-Special Use Per mit-1188) to C-
S-1188R (Commercial-Special Use Permit-1188 Revised), to allow an
additional attached sign for the restaurant and private club to be located in
the Coppell Crossing IV Shopping Center at 777 S. MacAr thur Blvd.
20. Consider approval of the Coppell Bible Fellowship, Site Plan, to allow the
development of an approximately 20,000 square-foot church building,
indicating future expansion phases of approximately 52,750 square-feet,
on 8.2 acres of proper ty located at the southeast corner of Sandy Lake and
State Roads.
21. Consider approval of the Coppell Bible Fellowship Addition, Lot 1, Block A,
Minor Plat, to allow the development of an approximately 20,000 square-
foot church building, indicating future expansion phases of approximately
52,750-square feet on 8.2 acres of proper ty located at the southeast
corner of Sandy Lake Road and State Road.
22. Consider approval of an ordinance amending the code of ordinances by
amending Chapter 6, Ar ticle 6-2 for peddlers and solicitors by providing a
definition for canvassing; by amending the circumstances which require
non-charitable solicitations to obtain a per mit; providing provisions for the
requirements for permits; amending the provisions regarding the charitable
solicitation requirements; providing for hours of solicitation or canvassing;
providing for the posting of notice prohibiting solicitors, handbills, and/or
canvassing; providing circumstances to permit and/or prohibit solicitation
in the public right-of-way; providing for exemptions to the ordinance;
providing a repealing clause; providing a severability clause; providing a
savings clause; providing a penalty of fine not to exceed the sum of Two
Hundred Dollars ($200.00) for each offence; providing an effective date,
and authorizing the Mayor to sign.
23. Necessary action resulting from Work Session.
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ITEM # ITEM DESCRIPTION
24. Mayor and Council Repor ts.
A. Repor t by Mayor Sheehan regarding Keep Coppell Beautiful activities.
B. Repor t by Mayor Sheehan regarding Dallas Regional Mobility
Coalition.
C. Repor t by Mayor Sheehan regarding Tex 21 meetings.
25. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Candy Sheehan, Mayor
CERTIFICATE
I cer tify 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 Secretar y
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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AG EN DA R EQU EST FO R M
ITEM # ES-2 CITY COUNCIL MEETING: September 10, 2002
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Settlement Agreement with TXU on Franchise Fees.
2. Shea v. City of Coppell.
SUBMITTED BY: Jim Witt
TITLE: City Manager INITIALS:
AG EN DA R EQU EST FO R M
ITEM # WS-3 CITY COUNCIL MEETING: September 10, 2002
WORK SESSION
A. Discussion regarding Appointments to Boards and Commissions.
B. Discussion regarding Group Homes.
C. Discussion regarding Royal Lane Construction.
D. Discussion regarding City-owned land in Old Coppell.
E. Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
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MEMORANDUM
August 22, 2002
TO:Jim Witt, City Manager
THRU: Gary L. Sieb, Director of Planning and Community Services
FROM: Marcie Diamond, Assistant Director of Planning and Community
Services
RE:Group Homes
Per your request I have conducted additional research on our neighboring city’s
regulations for “reasonable accommodations” for group homes in their Zoning
Ordinances. My original research focused on regulations for Group Homes, to be
permitted by SUP in our residential districts, as recommended by our City Attorney.
I incorporated language from the cities of Denton, Fort Worth and Lubbock for this
proposed ordinance amendment. This ordinance amendment, as approved by the
City Attorney, defined this use as including “more than four (4) residents with
disabilities, plus one (1) supervisor residing in the home at the same time.” This
threshold of number of residents was defined not to be in conflict with the city’s
definition of “family”.
However, after my discussions with our neighboring communities, specifically
Lewisville, Carrollton, Irving, and Richardson, it appears that requiring SUP’s in
residential districts, for community based homes for up to six persons and two
supervisors may be contrary to Texas Human Resources Code, Chapter 123.
Community Homes for Disabled Persons Location Act, a summary of this chapter
follows, the entire chapter is attached for reference.
• Zoning and Restriction Discrimination Against Community Homes Prohibited.
The use and operation of a community home that meets the qualifications
imposed under this chapter is a use by right that is authorized in any district
zoned as residential.
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• Required Services: A community home shall provide the following services to
persons with disabilities who reside in the home: (1) food and shelter; (2)
personal guidance; (3) care; (4) habilitation services; and (5) supervision.
• Not more than six persons with disabilities and two supervisors may reside in
a community home at the same time. The limitation on the number of
persons with disabilities applies regardless of the legal relationship of those
persons to one another.
• A community home may not be established within one-half mile of an existing
community home.
• Except as otherwise provided by municipal ordinance, the residents of a
community home may not keep for the use of the residents of the home, either
on the premises of the home or on a public right-of-way adjacent to the home,
motor vehicles in numbers that exceed the number of bedrooms in the home.
Not to be contrary to state law, we are recommending that the Zoning Ordinance
remain silent on the issue of group homes, where there are 6 or less residents and up
to two supervisors. If this threshold of residents and supervisors is exceeded, then
a new use may need to be defined.
CC: Robert Hager, City Attorney
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GROUP HOME REGULATIONS
Lewisville
Gene Lewis, Director of Planning for the City of Lewisville responded to my
question about group homes as follows:
“We take the position that as long as the Group Home is operated
like any other home in the neighborhood it is the same and there are
no special rules for them. They can't have any signs, park cars on
the grass and other things that would make it different from other
homes. We tell people asking about them that they have to be
occupied by people as a residence. In the ones I am most familiar
with there are usually 4-6 adults who live in the home as a family unit.
We haven't had the issue come up, but have discussed among
ourselves that they can't do things like split the house up into
separate dwelling units (duplex, tri-plex, etc.) or other things that
would not be consistent with a "regular" home neighborhood. We get
calls asking about group home day care, but the people getting the
care need to be living there as their residence and not just drop in for
the day. Nurses or caretakers may come and go, including those
group homes with 24 hour nursing care on 8 hour shifts, but as long
as it looks, tastes and smells like a regular home we treat it like one.”
Irving
Steven A. Reed, Manager of Current Planning for the City of Irving
responded to my question about group homes as follows:
“The City of Irving zoning ordinance has provisions for Half-way
houses, but not for community based group homes for the disabled.
State law expressly prohibits cities from excluding group homes that
meet the state's definition for such from any area otherwise zoned for
residential purposes, so we don't even address the issue. The state
reference is Texas Human Resources Code, Section 123.003. The
statute defines them as a "community based residential home" with
several specific qualifications, and states that "the use and operation
of a community home that meets the qualifications imposed by this
chapter is a use by right that is authorized in any district zoned as
residential." If something comes in that is similar, but does not meet
the State definition, then we consider it an unlisted use, and require a
zoning case called "site plan" to be submitted for approval by the
Council. The "site plan" zoning case can be requested to authorize
any use, and through that process, specific requirements can be
established for the proposed use”.
Page 4 of 9
Carrollton
COMMUNITY HOME FOR DISABLED PERSONS: A residential
home operated by the Texas Department of Mental Health and Mental
Retardation, a community center organized under Section 3.01 of the
Texas Mental Health and Mental Retardation Act, a non-profit
corporation, or an entity certified by the Texas Department of Human
Resources as a provider under the intermediate care facilities for
mentally retarded program, which provide services to disabled
persons.
Such facility shall provide to the disabled residents food and shelter,
personal guidance, care, habilitation services, or supervision. Not
more than six (6) disabled persons, regardless of their legal
relationship to one another, and two (2) supervisory personnel may
reside in such facility at the same time.
Such facility shall meet all applicable licensing requirements of the
state of Texas, shall not be located within one-half mile of a previously
existing community home for disabled persons, and shall meet all
applicable requirements of this and other pertinent ordinances of the
city of Carrollton.
This use is permitted by right in all the residential districts.
PERSONAL CARE HOME: An establishment that provides room,
board, and one (1) or more services of a personal care or protective
nature, such as ambulatory assistance, hygienic assistance or
supervision of a meal regimen, to five (5) or more elderly or
handicapped persons who are not related by blood, marriage or
adoption to the owner of the establishment. Residents of a personal
care home shall not require institutionalization in a hospital; nursing or
convalescent home; respite or custodial care home; or similar
specialized facility since a personal care home is not equipped or
licensed to provide all acts of a protective or restorative nature, and
does not provide the nursing care or degree of staff supervision
required for a respite or custodial care home, nursing home or similar
facility.
Such establishment shall not accommodate individuals who pose a
direct threat to the health, safety, or welfare of themselves or others,
and shall not constitute a halfway house, rehabilitation facility, or any
other type of facility whereby individuals receive guidance or
assistance in the transition from
Page 5 of 9
institutional care to normal social activities. Treatment, counseling, or
other services related to such rehabilitative activities shall not be
provided in a personal care home.
A personal care home shall be licensed and operated in a manner
consistent with such standards as may be promulgated by the Texas
Department of Health and the Texas Department of Human Services.
This use is not permitted in the single family residential districts.
Grapevine
Use Permitted by SUP:
10. Group care homes for the mentally retarded, abused women, physical
and psychiatric rehabilitation but excluding criminal correctional facilities in
any district, except for R-7.5, R-12.5 and R-20 single-family districts.
Halfway houses or criminal correction facilities shall not be permitted in any
district, except as provided for in Section 38, Governmental Use District.
Group home (7 to 15 persons) SIC 836; Requires State licensing; Classify
facilities for delinquents and offenders as SIC 9223; See 3-203.
Denton
Definition:
Group Home means a community-based residential facility providing twenty-
four hour care in a protected living arrangement for not more than fifteen
(15) residents plus one (1) supervisor per four (4) residents. This
classification includes homes for the handicapped as defined in 42 U.S.C.
Sec. 3602(h).
Districts Permitted:
By right in “A” , MF and Non-residential, by SUP in single family
Parking:
Group home: One (1) space for each employee and one (1) space for each
ten-(10) residents. A circular drive that will adequately serve the same traffic
load, approved by the director of engineering and transportation, may be
substituted for the required public parking.
Bryan
Group home/community home. To qualify as a group/community home, an
entity must provide the following services to persons with disabilities who
reside in the home: Food and shelter; Personal guidance; Care; Habitation
services; and Supervision.
The home must have not more than six (6) persons with disabilities and two
(2) supervisors residing in the home at the same time. The limitation on the
number of persons with disabilities applies regardless of the legal
relationship of those persons to one another.
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For purposes of this definition, "person with a disability" means a person
whose ability to care for himself, perform manual tasks, learn, work, walk,
see, hear, speak, or breathe is substantially limited because the persons
has:
Alzheimer’s disease; Pre-senile dementia; Cerebral palsy; Epilepsy;
Muscular dystrophy; Multiple sclerosis; Cancer; Heart disease; Diabetes;
Metal retardation; Autism; or Emotional illness.
Group homes permitted in:
SF-7 District by right and in A-O district, subject to the following provision:
9. Group homes on building lots of three (3) acres or more in area
where said dwellings can be adequately served by individual water
wells and septic tanks located on the building lot according to State
and County health laws
Fort Worth
Community home. A community-based residential home containing not
more than eight disabled persons and two non-resident supervisory
personnel and which otherwise meets the requirements of the Community
Homes for Disabled Persons Location Act, chapter 123.001, Texas Human
Resources Code.
A community home may be permitted in accordance with the use tables in
chapter 4, articles 6 and 8, subject to the following conditions (permitted in
residential districts):
A. Conditions. A community home must meet all applicable licensing
requirements of chapter 123.001, Human Resources Code.
B. Spacing requirements. A community home may not be established
within one-half mile of a previously existing community home.
C. Motor vehicles on premises. Residents of a community home may
not keep, on the premises of a home or on the public rights-of-way
adjacent to the home, more than one motor vehicle per bedroom for
the use of residents of the home
Group home I. A family based facility which contains not more than 15
residents and three supervisory personnel and which provides 24-hour care
in a protected living arrangement for the mentally and/or physically
impaired, developmentally disabled, or victims of abuse or neglect. This
classification includes congregate living facilities for the elderly, maternity
homes, emergency shelters during crisis intervention for victims of crime,
abuse or neglect, and residential services licensed by the Texas
Commission on Alcohol and Drug Abuse, but not primarily for criminal
rehabilitation.
Group home II. Same definition as group home I except that there is no limit
on number of residents.
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A group home I or II may be permitted in accordance with the use tables of
chapter 4, articles 6 and 8, provided it shall be located no less than one-half
mile from any existing group home or halfway house. (districts permitted –
multifamily districts)
Mesquite
Residential care facility: An establishment primarily engaged in the provision
of residential, social and personal care for children, the aged and special
categories of persons with some limits on ability for self-care, but where
medical care is not a major element. State licensing shall be required to be
classified as a care facility in order to assure necessary supervision and
services:
Family home: A facility for six (6) or less persons including a resident
supervisor, living and cooking together as a single housekeeping
unit, as defined by state law.
Permitted by right in residential districts
Group home: A facility for seven (7) to fifteen (15) persons including
resident supervisors
Conditional use in residential districts
Care institution: Any facility for more than fifteen (15) persons.
Conditional use in multifamily districts.
Lubbock
(7) Permit required for group housing for handicapped persons.
a. Compliance required. No group home for handicapped persons as
defined in section 29-3(54a) shall hereafter operate until a permit has
been issued by the director of planning of the City of Lubbock or his
designee stating that the facility complies with the provisions of this
chapter.
b. Applicant shall provide a site plan which clearly shows compliance
with the following criteria
1. Any single-family dwelling unit, which is proposed to be
utilized for, shared group housing for the handicapped shall
provide as a minimum, the following square footage in each
bedroom:
i) To house one (1) handicapped person per bedroom,
the dwelling unit must provide one hundred (100)
square feet of space per bedroom utilized for this
purpose.
(ii) To house two (2) handicapped persons per
bedroom, the dwelling unit must provide one hundred
Page 8 of 9
twenty (120) square feet of space per bedroom utilized
for this purpose.
2. Any single-family dwelling unit, which is proposed to be
utilized for, shared group housing for handicapped persons
shall provide for a separate bedroom for the care provider or
providers.
c. An inspection shall be conducted by the City of Lubbock Health
Department using as its criteria the appropriate portions of the
requirements of the Minimum Licensing Standards for Facilities
Serving Persons with Mental Retardation and Related Conditions, or
its most current amendment as established by Texas Department of
Health Bureau of Long Term Care, or the Minimum Licensing
Standards for Personal Care Facilities as established and amended
under Texas Health and Safety Code, Section 247.001 et seq. In the
event that the facility is licensed by the State of Texas, the director of
planning or his designee may waive all or any portion of the city
health department's inspection. The health department shall prepare
a report describing the property and any remedial improvements,
which must be completed in order for the property to meet the
minimum standards. The report shall be forwarded to the applicant
and to the director of planning or his designee, and no permit shall be
issued until the proposed home has met the minimum standards.
d. A twenty-five dollar ($25.00) permit fee shall be assessed to defray
administrative and inspection costs for each permit issued. This fee
may be adjusted as required under section 1-10(a) of the Code of
Ordinances for the City of Lubbock.
e. The facility shall comply with all applicable fire and building codes of
the City of Lubbock.
f. No other group living arrangements shall be located within a radius of
six hundred (600) feet of the home for which the permit is requested.
Such measurements shall be measured from property line to property
line. Other group living arrangements shall include, but not be limited
to, homes for the mentally retarded, personal care facilities, adult
foster care homes and group housing for handicapped persons. In
making the determination that no home exists within six hundred
(600) feet, the director of planning shall consider information provided
by the applicant, information contained in the records of the City of
Lubbock, and information obtained by physical inspection of the
premises, if any.
g. The holder of the permit shall be in charge of and responsible for the
operation of the dwelling unit for shared group housing.
h. Permit shall be renewed annually so long as the facility continues to
comply with the standards described in this subsection (7). Permits
are nontransferable
i. City of Lubbock inspection personnel shall have the right to conduct
inspections to ensure continued compliance with standards at any
Page 9 of 9
time (pursuant to a valid search warrant or consent) and in the event
a home is found to be in violation of the standards, the inspector shall
forward to the director of planning and the senior planner a report
describing the violations and that the director of planning or his
designee may withdraw the permit. Following withdrawal of the
permit and issuance of a vacate order, the permit holder shall have
the right to appeal the decision of the director of planning or his
designee to the zoning board of adjustment within ten (10) days.
j. The permit shall be prominently displayed in the facility at all time.
Permit shall include the following statement:
“The City does not license facilities as to quality of care. This
structure has been inspected and has met the minimum
requirements for Group Housing for Handicapped Persons
specified in section 29-30(b)(7) of the Code of Ordinances for the
City of Lubbock."
k. Any permit issued under this section shall become void and of no further effect in
the event the use of the premises is discontinued for a period of one year, or if
the property is restored to use as a single-family residence.
l. Nothing in this section shall be construed as attempting to regulate or affect the
right of handicapped individuals to purchase their own housing for single-family
residences or to affect the right of individuals to care for handicapped family
members. Nothing in this section shall be construed as attempting to regulate
homes established pursuant to Article 1011(n), Vernon's Texas Civil Statutes.
Human Resources – Chapter 123 Page I ot :3
CHAPTER 123. COMMUNITY HOMES FOR DISABLED PERSONS LOCATION ACT
§ 123.001. Short Title
This chapter may be cited as the Community Homes for Disabled Persons
Location Act.
Added
19 9 1 -
b y Acts 1 9 91 .1 72nd
§ 123.002. Definition
Leg - -,c h -16 -i ~12-01 (a),ef f -Aug -26 -i
In this chapter-, 'person with a disability' means a person whose ability to
care for himself, perform manual tasks, learn, work, walk, see-, hear-,
speak-, or breathe is substantially limited because the person has:
(1) an orthopedic, visual, speech, or hearing impairment;
(2) Alzheimer's disease;
(3) pre-senile dementia;
(4) cerebral palsy;
(5) epilepsy;
(6) muscular dystrophy;
( 7 multiple sclerosis;
(8) cancer;
( 9 heart disease@
(10) diabetes;
(11) mental retardation;
(12) autism; or
(13) emotional illness
Added
19 9 1 -
b y Acts 19 9111 72nd Leg - -,ch.16 11 5 12-01 (a),ef f -
§ 123.003. Zoning
Homes Prohibited
and Restriction Discrimination Against
A u 9 -2 6 -i
Community
(a) The use and operation of a community home that meets the qualif
ications imposed under this chapter is a use by right that is
authorized in any district zoned as residential.
Human Resources - CHAF'I'ER 1',13 Page 2 ot 3
(b) A restriction-, reservation-, exception., or other provision in
an instrument created or amended on or after September 1., 1985-,
that relates to the transfer-, sale-, lease-, or use of property may
not prohibit the use of the property as a community home.
Added
199 1 -
b y Acts 19 91 -1 72nd Leg - -,ch.16 -1 ~12-01 (a),eff -A u 9 -26,
§ 123.004. Qualification as Community Home
To qualify as a community home-,
123-005 through 123-008 and be:
an entity must comply with Sections
(1) a community-based residential home operated by:
(A) the Texas Department of Mental Health and Mental Retardation;
(8) a community center organized under Subchapter A-, Health
and Safety Code, that provides services to
disabilities
;
Chapter
persons
53 4 -i
with
(C) an entity subject to the Texas Non-Profit Corporation
(Article 1396-1-01 et seq., Vernon's Texas Civil Statutes); or
Act
(D) an entity certif ied by the Texas Department of Human Services as
a provider under the medical assistance program serving persons in
intermediate care facilities for persons with mental retardation; or
(2) an assisted living facility licensed under Chapter 247-,
and Safety Code, provided that the exterior structure
compatibility with the surrounding residential dwellings.
Health
retains
Added by Acts 1991-, 72nd Leg . -, ch. 16 -, S 12 - 01 (a)-, ef f - Aug - 26-, 1991. Amended by Acts
1997, 75th Leg . i ch. 491, § 1, ef f - Sept . 1, 1997; Acts 1999, 76th Leg., ch. 233, § 6, eff. Sept. 1,
1999.
§ 123.005. Required Services
A community home shall provide the following services to persons with
disabilities who reside in the home:
(1)food and shelter;
(2) personal guidance;
(3) care;
(4) habilitation services; and
(5) supervision.
Added
199 1 -
b y Acts 19 9 1 11 72nd Leg - -i c h -16 -i 5 12 - 01 (a) i ef f -A u g -2 6 ,
liuman Resources - CH"'I'ER 12-:3
§ 123.006. Limitation on Number of Residents
(a) Not more than six persons with disabilities and two
may reside in a community home at the same time.
Page 3 ot 3
supervisors
(b) The limitation on the number of persons with disabilities applies
regardless of the legal relationship of those persons to one another.
Added
19 9 1 -
by Acts 19 9 ill 72nd Leg - -,ch.16 -1 ~12 - 01 (a) i ef f -A u g -2 611
§ 123.007. Licensing Requirements
A community home must meet all applicable licensing requirements
Added
19 9 1 -
b y Acts 19 9 1 -1 72nd Leg - -,ch.1611 ~12-01 (a),ef f -Aug -2 6 -i
§ 123.008. Location
Recluirement
A community home may not
existing community home.b e established within one-half mile 0 f an
Added
19 9 1 -
by Acts 19 91 -1 72nd Leg - -,ch.16 -i ~12 - 01 (a) i ef f -A u g -2611
§ 123.009. Limitation on Number of Motor Vehicles
Except as otherwise provided by municipal ordinance, the residents of
a community home may not keep for the use of the residents of the
home, either on the premises of the home or on a public right-cf-way
adjacent to the home, motor vehicles in numbers that exceed the number
of bedrooms in the home.
Added
19 9 1 -
b y Acts 19 9 1 -1 72nd Leg - -,ch.16 -i ~12 - 01 (a) i ef f -Aug.2 6 -i
§ 123.010. Ensuring the Safety of Residents
The Texas Department of Mental Health and Mental Retardation shall
make every reasonable effort to ensure the safety of community home
residents and the residents of a neighborhood that is affected by the
location of a community home.
Added by Acts 1993,73rd Leg., ch. 646, § 14, eff. Aug. 30, 1993.
BETHEL ROADCOPPELLRDCity Owned Land in Old CoppellACApproximate AcreageTract A - 4.3 acresTract B - 1.5 acresTract C - 2.4 acres* all tracts have 300’ depthBProposed Extensionof Park RoadServiceCenterEntryFeaturefor ParkNTSZoning: PD 108 LIRecommended Land Uses:Small Scale Mixed UsesOffice/Retail/Commercial
AGE N DA R E QU E S T FO R M
ITEM # 6 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Presentation by CISD celebrating the American Character.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
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FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
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Document Name: !CISD
AGE N DA R E QU E S T FO R M
ITEM # 7 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Consider approval of a proclamation dedicating September 11, 2002 as ALWAYS
REMEMBER 9-11 DAY, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
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Agenda Request Form - Revised 5/00
Document Name: !9-11
PROCLAMATION
WHEREAS, in an unprovoked and senseless act of terrorism, four civilian
aircraft were hijacked on September 11, 2001, and crashed in New York City,
Pennsylvania and the Pentagon; and
WHEREAS, innocent U.S. citizens of all heritages as well as visiting citizens
of foreign nations were killed and injured as a result of these horrific acts; and
WHEREAS, while we as a Union still continue to recover from the
unspeakable loss of so many innocent lives, the indomitable spirit of the United
States has been revitalized and given way to numerous expressions of heroism and
patriotism; and
WHEREAS, the threat of terrorism, destruction and senseless violence must
be banished for any free society to exist; and
WHEREAS, the city of Coppell shares in the grief and will commemorate the
one-year anniversary of the September 11 tragedies.
NOW, THEREFORE, BE IT RESOLVED, I, Candy Sheehan, Mayor of the
city of Coppell, do hereby extend our deepest condolences to the innocent victims of
these unprovoked actions by terrorists, as well as to their families and their friends
and dedicate September 11, 2002 as
ALWAYS REMEMBER 9-11 DAY
A day to mourn, reflect and rededicate ourselves to ending terrorism in com-
memoration of the anniversary of the terrorist attacks; and be it further
RESOLVED, that we encourage all our citizens to honor the victims of
September 11 by reaffirming their commitment to sustaining our newfound patriotism
through volunteerism, community involvement, and service; and be it further
RESOLVED, that we as citizens dedicate our time, talents, and energy to lift
one another up and foster a new level of understanding and awareness. Let us honor
the memory of all those who died by being of service to one another and by building
the “stronger, more perfect union” our founding fathers called for.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City
of Coppell to be affixed this ______ day of September, 2002.
_________________________
Candy Sheehan, Mayor
ATTEST:
_____________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM # 8 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Consider approval of a proclamation naming the week of September 16 through 22, 2002
as CONSTITUTION WEEK, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
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Agenda Request Form - Revised 5/00
Document Name: !Constitution
PROCLAMATION
WHEREAS, September 17, 2002 marks the two hundred fifteenth anniversary of the
drafting of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, It is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary, and to the patriotic celebrations which will commemorate
the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 16 through 22 as Constitution Week.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby
proclaim the week of September 17 through 23, 2002 as
"CONSTITUTION WEEK"
and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly
protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost
rights may never be regained.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell
to be affixed this _____ day of September 2002.
____________________________
Candy Sheehan, Mayor
ATTEST:
______________________
Libby Ball, City Secretary
AG EN DA R EQU EST FO R M
ITEM # 9 CITY COUNCIL MEETING: September 10, 2002
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
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, Article 1-10 "Rules, Times and Procedures for
Conducting City Council Meetings," be, and the same is hereby, amended to read as follows:
"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 Secretar y on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence.
Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each.
An individual speaker's time may be extended for an additional two (2) minutes with the approval of a
majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes
allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens
Appearance" shall be called upon in the order that they have signed the provided register. No personal
attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or
corporation (Charter Article 3, Section 3.12).
AGE N DA R E QU E S T FO R M
ITEM # 10/A CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
Consider approval of minutes: August 27, 2002.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
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Document Name: %minutes
CM082702
Page 1 of 5
MINUTES OF AUGUST 27, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 27, 2002, 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
Doug Stover, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Dave Herring, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Sheehan called the meeting to order, determined that a quorum
was present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Shea v. City of Coppell.
Mayor Sheehan convened into Executive Session at 5:48 p.m. as allowed
under the above-stated article. Mayor Sheehan adjourned the Executive
Session at 6:15 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Communication Plan.
CM082702
Page 2 of 5
B. Discussion regarding Proposed Solicitor's Ordinance.
C. Discussion regarding Reuse of North Service Center.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
Pastor Randy Webb from Sandy Lake Road Baptist Church led those
present in the Invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
6. Report by Telecommunications Board.
Presentation:
Andy Bardach, Chair of the Telecommunications Board, gave the Board's
semi-annual report to Council.
7. Citizen's Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 13, 2002.
Resolutions
B. Consider approval of a Resolution amending the written
Investment Policy of the City of Coppell as provided by
the Public Funds Investment Act, Chapter 2256, Texas
Government Code, and authorizing the Mayor to sign.
CM082702
Page 3 of 5
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A and
B carrying Resolution No. 2002-0827.1. Councilmember Peters
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Peters, Raines, Tunnell, Stover,
Herring and York voting in favor of the motion.
9. PUBLIC HEARING:
To receive public comment concerning the Proposed 2002-
2003 Municipal Budget.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to the
Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Mayor Sheehan closed the Public Hearing.
10. PUBLIC HEARING:
To receive public comment concerning the Proposed 2002-
2003 tax rate of .6486.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Mayor Sheehan closed the Public Hearing.
11. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is that property owned by
AmberPoint at Coppell, LLC, described as AmberPoint Business
CM082702
Page 4 of 5
Park at Coppell Phase I, being part of Block A, Lot 1 (14.39
acres) and located along the northwest corner of Northpoint
Drive from Royal Lane to Sandy Lake Road, Coppell, Texas.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
the designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is that property owned by
AmberPoint at Coppell, LLC, described as AmberPoint Business Park at
Coppell Phase I, being part of Block A, Lot 1 (14.39 acres) and located
along the northwest corner of Northpoint Drive from Royal Lane to Sandy
Lake Road. Councilmember Peters seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Peters, Raines, Tunnell, Herring and York voting in favor of the motion.
12. Consider approval of an Ordinance designating the AmberPoint
at Coppell, LLC, Reinvestment Zone No. 38, and authorizing
the Mayor to sign.
Action:
Councilmember Tunnell moved to approve:
Item 12:
Ordinance No. 2002-1005 designating the AmberPoint at Coppell, LLC,
Reinvestment Zone No. 38, and authorizing the Mayor to sign;
and
CM082702
Page 5 of 5
Item 13:
Resolution No. 2002-0827.2 approving a Tax Abatement Agreement
between the City of Coppell and AmberPoint at Coppell, LLC, and
authorizing the Mayor to sign
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
13. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and AmberPoint at
Coppell, LLC, and authorizing the Mayor to sign.
This item was considered under Item 12. See Item 12 for minutes.
14. Necessary action resulting from Work Session.
There was no action necessary under this item.
15. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM # 10/B CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Consider approval of an ordinance amending Section 8-1-3 of the Code of Ordinances of
the City of Coppell establishing 45 miles per hour as the maximum prima facie speed limit on the northbound
State Highway 121 Frontage Road from Northpoint Drive to Denton Creek; and authorizing the Mayor to
sign.
SUBMITTED BY: Kenneth M. Griffin, P.E.
TITLE: Director of Engineering/Public Works
STAFF COMMENTS:
Executive Summar y:
Approval of this ordinance will establish a speed limit of 45 miles per hour on the northbound frontage road
of S.H. 121 from Northpoint Drive to Denton Creek.
Recommendation:
Staff recommends approval of the ordinance establishing the speed limit of 45 miles per hour on the
northbound frontage road of S.H. 121.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
`````
Agenda Request Form – Revised 5/00
Document Name: #eng1-1AR.doc
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: September 10, 2002
RE: Consider approval of an ordinance amending Section 8-1-3 of the Code of Ordinances
of the City of Coppell establishing 45 miles per hour as the maximum prima facie
speed limit on the northbound State Highway 121 Frontage Road from Northpoint
Drive to Denton Creek; and authorizing the Mayor to sign.
Attached to this agenda item is a letter from TxDOT indicating that a speed study has been performed
on a portion of S.H. 121 from Northpoint Drive to Denton Creek. The study shows that the 85th
percentile speed for the northbound traffic was 46 and 48 miles per hour and that the fastest vehicle
clocked was driving at a speed of 73 miles per hour. Information was also provided for the
southbound frontage road; however, the majority of the southbound frontage road lies within the City
of Grapevine. Therefore, this ordinance will only pertain to the northbound frontage road on the
Coppell side of S.H. 121. The recommended speed limit based on the 85th percentile speed is 45 miles
per hour on the frontage road. The main lanes of S.H. 121 have a posted speed limit of 55 miles per
hour in this area. The ordinance establishing that speed limit was approved by City Council in
September 1999.
This ordinance is brought forth so that speed limit signs can be posted on the frontage road for
enforcement purposes. Staff recommends approval of the ordinance and will be available to answer
questions at the Council meeting.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
SECTION 8-1-3 OF THE CODE OF ORDINANCES BY AMENDING THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR A PORTION OF STATE
HIGHWAY 121 FRONTAGE ROAD IN THE CITY LIMITS OF THE CITY
OF COPPELL; 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 the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 8, Article 8-1, Section 8-1-3, in part, by adding the following
designated speed limit for a portion of State Highway 121 Frontage Road, to read as follows:
“Sec. 8-1-3.Speed on Specific Streets
. . . .
STREET PORTION OF STREET SPEED
MILES PER HOUR
. . . .
State Highway 121 Northbound State Highway 121 45
Frontage Road Frontage Road from Northpoint
Drive to Denton Creek
. . . . "
SECTION 2. That the traffic engineer is authorized and directed to erect signs necessary to
give notice of the speed limit adopted herein.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any 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 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 Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6.That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine
not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day
such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. 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; however the speed
limit established herein shall not take effect until the appropriate signage giving notice of such speed
limit has been erected.
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
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
AGE N DA R E QU E S T FO R M
ITEM # 11 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
Consider appointments to City’s Boards, Commissions and Committees.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %bdappt.doc
AGENDA REQUEST NARRATIVE
THE FOLLOWING VACANCIES ARE AVAILABLE:
AMERICAN RED CROSS REPRESENTATIVE
1 Citizen
(2-year term of office)
ANIMAL SERVICES APPEALS BOARD
1 Veterinarian
(2-year term of office)
BOARD OF ADJUSTMENT
5 Citizens **If John Hoppie or Steven Wright are appointed to the
(2-year term of office) Regional Transportation Task Force you will need to
appoint someone to fill the 1-year remaining on their term.**
CONDUCT REVIEW
Citizens to serve 1-year terms of office
COPPELL ECONOMIC DEVELOPMENT COMMITTEE
2 Citizens
(2-year term of office)
COPPELL EDUCATION DEVELOPMENT COMMITTEE
3 Citizens
(2-year term of office)
KEEP COPPELL BEAUTIFUL
3 Citizens
(2-year term of office)
2 Citizens
(1-year term of office)
Agenda Narrative Form - Revised 1/99
LIBRARY BOARD – STUDENT ADVISOR
2 Students
(1-year term of office)
LIBRARY BOARD
4 Citizens
(2-year term of office)
PARKS AND RECREATION BOARD
9 Citizens
(2-year term of office)
PLANNING AND ZONING COMMISSION
3 Citizens
(2-year term of office)
REGIONAL TRANSPORTATION TASK FORCE
9 – 15 Citizens
(1-year term of office)
SPECIAL COUNSEL
Citizen Attorneys to serve 1-year term of office
TELECOMMUNICATIONS BOARD
5 Citizens
(2-year term of office)
1 Citizen
(1-year term of office)
AGE N DA R E QU E S T FO R M
ITEM # 12 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Consider approval of an Ordinance approving and adopting the budget for the City of
Coppell for the Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $Budget Adopt
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND
ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2002, AND ENDING SEPTEMBER 30, 2003; APPROPRIATING THE VARIOUS
AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE
ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Coppell has submitted to the City Council a
proposed budget of the revenues and expenditures of conducting the affairs of the City and
providing a complete financial plan for 2002-2003; and
WHEREAS, the City Council has received the proposed budget, a copy of which proposed
budget and all supporting schedules have been filed with the City Secretary of the City of Coppell;
and
WHEREAS, the City Council has conducted the necessary public hearings as required by
law; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That the proposed budget of the revenues of the City of Coppell and the
expenditures of conducting the affairs of the City, providing a complete financial plan for the
ensuing fiscal year beginning October 1, 2002, and ending September 30, 2003, as submitted to
the City Council by the City Manager, be, and the same is hereby, in all things adopted and
approved as the budget of all current revenues and expenditures of the City for the fiscal year
beginning October 1, 2002, and ending September 30, 2003.
SECTION 2. That the sum of $55,651,390 is hereby appropriated for the expenditures
established in the approved budget, attached hereto as Exhibit "A" and made part hereof for all
purposes.
SECTION 3. That the City Council reserves the authority to transfer designated
appropriations to any individual department or activity.
SECTION 4. That all notices and public hearings required by law have been duly
completed.
SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Coppell not in conflict with the provisions of this Ordinance shall remain in full force
and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this Ordinance as a whole or any part or provision thereof other than the part
thereof decided to be unconstitutional, illegal or invalid.
SECTION 7. This Ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the
10th day of September, 2002.
APPROVED:
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
APPROVED AS TO FORM:
________________________
CITY ATTORNEY
AGE N DA R E QU E S T FO R M
ITEM # 13 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas levying the Ad valorem
taxes for the year 2002 at .6486/$100 taxable valuation of which .43296 for operations and maintenance and
.21564 for interest and sinking, and authorizing the Mayor to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $Tax Rate Adoption
ORDINANCE NO. ______________________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM
TAXES FOR THE YEAR 2002 AT A RATE OF .6486 PER ONE HUNDRED DOLLARS
($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2002; TO PROVIDE AN
INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND
INTEREST; AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That there be and is hereby levied for the year 2002 on all taxable property,
real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt
by the Constitution of the State and valid State laws, a tax of .6486 on each One Hundred Dollars
($100) assessed value of taxable property, and shall be apportioned and distributed as follows:
a) For the PURPOSE of defraying the current expenses of the municipal government
of the City, a tax of $.43296 on each One Hundred Dollars ($100) assessed value of all taxable
property.
b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all
outstanding bonds of the City, not otherwise provided for, a tax of $.21564 on each One Hundred
Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the
payment of such interest and maturities of all outstanding bonds.
SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2002
and all ad valorem taxes for the year shall become delinquent after January 31, 2003. There shall
be no discount for payment of taxes prior to said January 31, 2003. A delinquent tax shall incur
all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to
wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent
plus one percent for each additional month or portion of a month the tax remains unpaid prior to
July 1 of the year in which it become delinquent.
Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of
the amount of the delinquent tax without regard to the number of months the tax has been
delinquent. A delinquent tax shall also accrue interest at a rate of one per cent for each month or
portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2003, incur an
additional penalty of fifteen percent of the amount of taxes, penalty, and interest due; such
additional penalty is to defray costs of collection due to contract with the City's Attorney pursuant
to Section 6.30 of the Property Tax Code.
SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax
Assessor/Collector. The City shall have available all rights and remedies provided by law for the
enforcement of the collection of taxes levied under this ordinance.
SECTION 4. That the tax rolls, as presented to the City Council together with any
supplement thereto, be, and the same are hereby approved.
SECTION 5. The fact that it is necessary that this ordinance be enacted in order to
authorize the collection of ad valorem taxes for the year 2002, this ordinance shall take effect from
and after its passage as the law in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the
10th day of September 2002.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
APPROVED AS TO FORM:
________________________
CITY ATTORNEY
AGE N DA R E QU E S T FO R M
ITEM # 14 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
CONTINUATION OF PUBLIC HEARING:
Consider approval of text amendments to Chapter 12, Zoning, of the Code of Ordinances, to provide a
definition, regulations and districts permitted for group homes.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: July 18, 2002
Decision of P&Z Commission: Approved (6-0) with Commissioners McCaffrey, Clark, Kittrell,
McGahey, Halsey and Stewart voting in favor. None opposed.
The Planning Commission requested a clarification as to allowance of the dispensing of “controlled
substance” needed for therapeutic purposes in group homes. In consultation with the City Attor ney,
the second paragraph of the definition of Group Homes is being revised as follows, the added words
are noted in bold and italic.
For purposes of this definition, a disability is defined as a physical or mental impairment, which
substantially limits one or more of a person’s major life activities. This definition does not
include persons who are using or are addicted to controlled or illegal substance(s) Controlled
substances shall only be permitted if prescribed by a licensed physician, for therapeutic
purposes. Criminal correctional facilities are also expressly excluded from this definition.
Approval is recommended.
Staff recommends approval.
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CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendments to Chapter 12, Zoning, of the Code of
Ordinances, to amend Section 12-42-1 and add Sections 12-31-6,
12-30-5, 12-30-6 & 12-30-19
regarding Group Homes
P & Z HEARING DATE: July 18 , 2002
C.C. HEARING DATE: August 13, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
DISCUSSION: It has been brought to the City’s attention that there are no
provisions for group homes in our community. The City
Attorney has recommended that reasonable accommodation
be made for this use in our residential districts. Per Article
38 of the City of Coppell Zoning Ordinance,
CLASSIFICATION OF NEW AND UNLISTED USES,
Group Home is hereby being established. Given the special
characteristics of a Group Home, this use is hereby being
defined and the size, parking and location requirements are
being established. Group Home regulations from other
Texas communities have been reviewed and tailored to meet
the needs of Coppell.
Currently in the Zoning Ordinance, a family is defined as:
“… one or more persons, each related to the other by
blood, marriage, or adoption; or a group of not more
than four persons (excluding servants) who are living
together in a dwelling unit”.
Further, the definition of dwelling unit limits the occupancy
to one family, as herein defined. Therefore, this regulation
will apply to more than four unrelated persons living in a
dwelling unit.
Item # 8
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Section 12-42-1 Definitions.
ADD:
Group Home: A community-based residential facility
providing twenty-four-hour care in a protected living
environment for more than four (4) residents with
disabilities, plus one (1) supervisor residing in the home at
the same time. The limitation on the number of persons
with disabilities applies, regardless of the legal relationship
of those persons to one another.
For purposes of this definition, a disability is defined as a
physical or mental impairment, which substantially limits
one or more person’s major life activities. This definition
does not include persons who are using or are addicted to
controlled or illegal substance(s). Criminal correctional
facilities are also expressly excluded from this definition.
ARTICLE 30. S OR SUP, SPECIAL USE PERMITS
Sec. 12-30-5. "SF-ED" single family estate district.
ADD:
16. Group Homes, subject to provisions of Sec. 12-30.19
Sec. 12-30-6. Single family-18 (SF-18), single family-12
(SF-12), single family-9 (SF-9), single family-7 (SF-7),
two family-9 (2F-9), town house 1 (TH-1), town house 2
(TH-2), multi family-1 (MF-1), multi family-2 (MF-2)
and manufactured home (MH).
ADD:
13. Group Homes, subject to provisions of Sec. 12-30-19
ADD:
Sec. 12-30-19. Group Homes. Group homes are permitted
by Special Use Permit in districts as herein defined, subject
to the following additional provisions:
1. Any single-family dwelling unit, which is proposed to be
utilized for shared group housing for person(s) with
disabilities shall provide as a minimum, the following
square footage in each bedroom:
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i) To house one (1) handicapped person per
bedroom, the dwelling unit must provide one-
hundred-(100) square feet of space per bedroom
utilized for this purpose.
(ii) To house two (2) handicapped persons per
bedroom, the dwelling unit must provide one-
hundred-fifty (150) square feet of space per
bedroom utilized for this purpose.
2. Any single-family dwelling unit, which is proposed to be
utilized for shared group housing for handicapped persons,
shall provide a separate bedroom for the care provider or
providers.
3. A group home may not be established within one-half mile
of a previously existing group home.
4. A Special Use Permit for a group home may be approved
for a time period not to exceed two (2) years. If the permit
holder is in compliance with the conditions and provisions
of the SUP and this ordinance, it may be renewed for an
additional two-year time period as required in Sec. 12-30-1
and 12-30-2, as amended.
5. The Department of Environmental Health shall inspect the
premises, as warranted, to assure the health, safety and
welfare of its residents.
6. Compliance with all other state and federal licenses shall be
required.
7. There shall be no outside signage or advertising of this use.
Section 12-31-6. Parking Requirements based on Use.
ADD:
36. Group Homes, two parking spaces, plus one parking space
per employee position. No parking may be located in the
required front yard of a residential structure(s).
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of text amendments to Chapter 12, Zoning,
of the Code of Ordinances, to amend Section 12-42-1 and add Sections 12-31-6,
12-30-5, 12-30-6 & 12-30-19 regarding group homes
Item # 8
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ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Letter from Robert E. Hager to Jim Witt, dated June 11, 2002
AGE N DA R E QU E S T FO R M
ITEM # 15 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. ZC-610(CH)/PD-198, zoning change request from C (Commercial) to PD-
198-SF-7 (Planned Development-198-Single-family-7), to recognize existing residential single-family uses on
approximately nine acres of property located along Bullock and Howell Drives.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the attached Planned Development conditions.
Staff recommends approval.
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CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-610(CH)/PD-198, Northlake Estates
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Residential lots along Bullock and Howell Drives.
SIZE OF AREA: Approximately nine acres of property.
CURRENT ZONING C (Commercial)
REQUEST: PD-198-SF-7 (Planned Development-198-Single Family-7)
APPLICANT: Various property owners and a Planning and Zoning Commission
authorized Public Hearing (see attached map).
HISTORY: The homes in this area were constructed in the late 1960’s and early
1970’s. The Coppell Comprehensive Plan, 1972-1992 targeted this
area for the City’s Central Business District, given its proximity to
Denton Tap, the railroad tracts and the proposed Loop 9. Therefore,
this area was zoned Commercial to support the CBD uses envisioned
for this area.
In 1984, there was a petition by the property owners to rezone this
property from C to SF-7. On April 10, 1984, Council denied this
request, without prejudice.
In October of 1985, Council discussed the issues regarding existing
single-family homes in commercial zoning along these two streets.
At that time, the residents were somewhat divided about retaining the
Item # 4
Page 2 of 6
commercial zoning or rezoning to single family. No action was taken.
However, an outgrowth of that discussion was the approval of
Ordinance No. 297-A-27 in November 1986, which provided for
regulations for business property where residential structures were
located as follows: conforming status for all residential structures to
be continued as residences; requiring SUP’s for businesses in these
residential structures, and if the residential structure is removed or
destroyed, only conforming commercial structures could be built.
These provisions are located in Section 12-30-14 of the current
Zoning Ordinance. This section was recently amended to change the
nomenclature of “business property” to “business use”.
In 1987, Ordinance No. 297-A-37 was established to allow for
several businesses to be located in residential structures, including
829 Howell. The structure at 829 Howell remains as Stella’s Beauty
Salon. In June 1997, S-1126 was approved for the Tren-Tech
Company located at 828 Howell Drive, to allow for the residential
structure to be used for an office. This approval was subject to the
Board of Adjustment granting a variance to reduce the parking. Also
in 1997, a SUP was granted to allow for Artisan Landscaping to
occupy 832 Howell, subject to various operational and site plan
conditions. In 1999, PD-174 was established for ProofRock
Waterproofing Systems to allow for a residential structure to be used
for commercial purposes, as well as to allow for an addition to the
existing building, with 12 conditions and variances to the existing
Commercial zoning district regulations. These four commercial uses
in residential structures are not part of the current request area.
In December 2000, Council approved the expansion of the Dickey’s
restaurant’s Special Use Permit to allow for parking on the rear
portion of 804 Bullock. The existing home on the front portion of
this tract is currently being occupied as a single-family residence.
The site plan for the parking lot expansion was designed to only
allow traffic from Denton Tap and to discourage additional
commercial traffic on Bullock Street. The rear portion of this lot has
also been excluded from this request.
TRANSPORTATION:Both Bullock and Howell Drives are asphalt, residential streets with 50’ of
right-of-way.
Item # 4
Page 3 of 6
SURROUNDING LAND USE & ZONING:
North - Undeveloped and single family; PD-108-LI and PD-108R-SF-9
South - Undeveloped and Artisan Landscaping; C (Commercial) and PD-174
East - Undeveloped and Dickey’s restaurant; C (Commercial)
West - Pinkerton Elementary – C (Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
mixed uses.
DISCUSSION: This request to rezone these properties was brought forward via a petition
by 23 of the 31 lot owners along Bullock and Howell (see attached
exhibit). The leave-out lots have been included in this request per Section
12-44-2 of the Zoning Ordinance, which provides for the Planning and
Zoning Commission to authorize a Public Hearing.
As discussed in detail in the HISTORY section of this report, the homes
on these two streets were constructed in the late 1960’s and early 1970’s.
In the early 1970’s, these properties were zoned for commercial use. Since
that time, most of the homes retained their residential status, except for
several of the residential structures on the southern end of Howell Drive,
which have been converted to commercial uses, including a beauty shop, a
landscape company and an office. However, to allow for these
commercial uses to utilize the existing residential structures, a significant
amount of variances and special exceptions were required to accommodate
these uses on lots which were originally planned for residential uses (i.e.,
parking and setback variances). These properties have not been included
in this rezoning. Given the practical difficulties in converting residential
structures and lots for non-residential uses, coupled with the homeowners’
desires to establish single-family zoning on their property, staff is in
support of this rezoning effort.
Most of the lots along Bullock and Howell Streets contain single-family
structures. It is assumed that these homes were built compliant with the
zoning regulations at that time. However, these homes are not in
compliance with some provisions of the current SF-7 regulations.
Therefore, these properties are being placed under a Planned Development
District to allow for the tailoring of the PD conditions to reflect the
existing developments on the properties, as well as to allow for
renovations and expansions.
It appears that the existing homes comply with the SF-7 regulations as
they relate to: use regulations; maximum heights; area regulations, lot and
dwelling unit sizes. However, the existing structures do not comply with
the parking or masonry requirements of the current Zoning Ordinance.
In terms of parking, the current SF-7 regulations require:
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“Two enclosed off-street parking spaces behind the front
building line. Off-street parking spaces shall be provided in
accordance with the requirements for special uses set forth in
Article 31. Where lots are adjacent to an alley, the enclosed
parking area (garage) must be accessed off of the alley only. No
parking shall be allowed within the front yard.”
While it appears that most of the homes were constructed with one-car,
front-entry garages, most of the garages have been converted into
additional living areas, and in some instances, carports have been
constructed. Parking is now provided in the front driveways on both
improved and unimproved surfaces. Therefore, the off-street parking
condition for this PD is proposed to be “Two off-street parking spaces
shall be provided for each dwelling unit.”
The second issue is the masonry requirements of the current SF-7 district
regulations that require that all structures be 80% masonry. Again, while
most of the homes are of masonry construction, frame homes also exist in
this subdivision. Therefore, the PD condition is proposed to read as
follows:
“All structures in existence at the time of this ordinance shall be
considered conforming as to the masonry requirements. Additions
to existing homes may be of similar material as the materials of the
existing structures, subject to compliance with current building
code requirements. All new residential construction shall be
developed in accordance with the standard masonry requirements
of the Zoning Ordinance.”
The final PD condition states that all existing residential developments
within this PD are to be deemed as conforming. In the event that new
homes are constructed, they will be required to be constructed in
accordance with the SF-7 District regulations of the Zoning Ordinance.
Since the notices were mailed, staff has received input from the property
owner of two vacant lots on the east side of Bullock’s southern end, who
is currently included in the area of potential rezoning. The owner has
requested that his two lots be removed from the area to be rezoned. He
has combined these lots with additional lots under his ownership which
front Denton Tap Road and desires to develop this approximate 2.7-acre
tract for commercial/retail and/or restaurant uses. Staff does not oppose
the removal of these two lots from the single-family zoning.
Item # 4
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RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-198-SF-7, subject to the development
regulations on Attachment A and the removal of 101 and 103 Bullock Drive from the
request area.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Proposed PD Conditions
2) Zoning Location Map
3) Existing Conditions Site Plan
4) Exhibit indicating signatures on petition
5) Letter from Mr. Gene Gaddy, dated August 7, 2002
Item # 4
Page 6 of 6
PD-198 CONDITIONS
A. Use regulations
A building or premise shall be used only for the following purposes:
1. Any use permitted in the SF-ED, SF-18, SF-12 or SF-9 districts.
2. Home occupation.
3. Such uses as may be permitted under the provisions of special use permits in the
Sections 12-30-5 and 12-30-6 of the Zoning Ordinance.
B. Maximum height regulations.
The maximum height regulations will be 35 feet nor more than two-stories in height.
C. Area regulations.
1. Minimum size of yards:
(A) Front yard: 25 feet.
(B) Side yard: Eight feet. Adjacent to a side street, 15 feet. Allowable non-
residential uses, 25 feet.
(C) Rear yard: 20 feet.
D. Minimum size of lot:
(A) Lot area: 7,000-square feet.
(B) Lot width: 65 feet.
(C) Lot depth: 100 feet.
E. Minimum dwelling size: 1,200-square feet, exclusive of garages, breezeways, and
porches.
F. Lot coverage: the combined area of the main buildings and accessory buildings may
cover 40 percent of the total area.
G. Two off-street parking spaces shall be provided per dwelling unit.
H. Type of Exterior Construction:
(A) All structures in existence at the time of this ordinance shall be considered
conforming as to the masonry requirements.
(B) Additions to existing homes may be of similar material as the materials of
the existing structures, subject to compliance with a current building code
requirements.
(C) All new residential construction shall be as follows: at least 80 percent of
the exterior walls of the first floor of all structures shall be of masonry
construction exclusive of doors, windows, and the area above the top plate
line. Each story above the first floor of a straight wall structure shall be at
least 80 percent masonry exclusive of doors, windows and the area above
the top plate line
I. All residential structures are deemed conforming. Construction of new homes shall
adhere to the regulations as set forth herein.
BLVD.BETHEL ROADBELTLINSALEM CTA S H E R C T
SHILOH CTT O W E R C TDOWCREEK CIRMEADOWCREEKARMSTRONG BLVDLEXINGTON AVESTANTONCTROSEMOUNT CTBULLOCK DRHOWELL DRNORTH LAKE DRSANDERS LOOPBETHEL ROADGLENDALE DRPENUEL DRIVEBENSON LNPENFOLDS LNEDMONDSON DRRCCLILIRRLIFrom: C (Commercial)To: PD SF-7 (Planned Development - Single Family-7)Properties along Bullock Drive andHowell Drive, containing approximately 9acres of landZoning Case ZC 610 (CH)PD-198SOUTHWESTERN BLVD.DENTON TAP RD.
If you have any questions please do not hesitate to cal me at (972-462-8393.
E E (GENE) GADDY
Phone (972) 462-8393
Fax (972) 462-8352
Email pddyl@ainnail.net
August 07, 2002
Ms. Marcie Diamond
City of Coppell
Planning & Zoning Department
P.O. Box 9478
Coppell, TX 75019
CASE NO.: ZC- 61Q(CH/PD198
C TO PD-198-SF-7
700 Meadowlark Lane
Coppell, TX 75019
This is a follow up letter to our telephone conversation on Tuesday August 6th 2002 regarding the above case
number.
I received the Notice of Public Hearing to change the aforementioned property from Commercial use to Residential.
After studying the accompanying plan I have concerns that part of the land identified to be changed is in fact part of
a Commercial tract that fronts onto Denton Tap Road. I have plans to develop this land for Commercial and/or Retail
use (hopefully restaurants), and do not want it to be included in this re-zoning case.
I have taxed to you a more recent and accurate plan of the property in question and a copy is attached herein.
The two lots in question (North Lake Estates Lot 34 - 101 Bullock Drive and North Lake Estates Lot 35 and
adjacent abandoned alley - 103 Bullock Drive) were purchased by our group in the 1980's. At that time the existing
alley way was purchased from the City of Coppell at fair market value to be included in the Denton Tap frontage.
We then relocated the alley to the North of these lots, where it actually exists today. The utilities were removed
from the old alley and relocated to the new alley way at considerable cost to us.
Please change your re-zoning plan to show the actual location of the alley separating our Commercial tracts from
the proposed Residential zone. I have enclosed a copy of your plan with the land in question highlighted.
I would appreciate a reply indicating what action you will take to remedy this situation before the case hearing on
August 15th 2002.
i
E. E. (GENE) GADDY
~
AGE N DA R E QU E S T FO R M
ITEM # 16 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1146R, 416 Bethel Road, zoning change request from HO-R-S-1146
(Historic Overlay–Retail-Special Use Permit-1146) to HO-R-S-1146R (Historic Overlay–Retail-Special Use
Permit-1146 Revised) to allow the relocation, expansion and renovation of an existing storage building into a
256 square-foot office located north of the existing building at 416 Bethel Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Irrigated landscape area shall be provided as shown on the Site Plan. Specifically,
landscaping shall be as follows:
All vehicular pavement shall be screened from front and side property lines
with a hedge at least 30 inches in height at the time of planting and consisting
of a minimum of 30 plants. All plants shall be of the same variety, the plant
variety to be one of the following: abelia, eleagnus, holly, nandina, or any
draught resistant plantings per the attached Plant Palette. Fifteen plants shall be
placed east of the driveway entrance, spaced at 3’ on center. The other 15 plants
shall be placed west of the driveway entrance, spaced at 3’ on center. Plant
materials which die shall be replaced with plant material of the same variety and
size.
2) The development of the property shall be in accordance with the revised Site Plan.
Staff recommends approval.
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CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1146R, 416 Bethel Road
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 416 Bethel Road
SIZE OF AREA: 1.8 acres of property
CURRENT ZONING HO-R-S-1146 (Historic Overlay-Retail-S.U.P.-1146)
REQUEST: HO-R-S-1146R (Historic Overlay-Retail-S.U.P.-1146 Revised)
APPLICANT: Joy Onstott
14410 Southern Pines Drive
Farmers Branch, Texas 75234
972-247-2750
HISTORY: In 1993, Council approved S-1067 to convert the existing residential
structure on the front of this property to an office/gift shop and to
allow for nine asphalt parking spaces. The parking, as shown on the
approved site plan, was never provided. In 1998, S-1146 was
established to allow for the structure to be occupied by Blue Willow
Market Design, conditioned upon the sign being limited to 10-square
feet, the retail being limited to a maximum of 400-square feet, and the
six parking spaces to be provided as shown on the revised site plan,
which was to be screened by a landscape hedge. This company never
occupied the building, but the parking was constructed in accordance
with the site plan that was attached to the Ordinance. However, there
is no indication that the landscape hedge was ever installed around
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the parking lot. An office user, Gaylor/Smith, which was
administratively approved, is currently occupying the building.
TRANSPORTATION:Bethel Road is a two-lane asphalt roadway shown on the thoroughfare plan
as a C2U undivided collector. The Old Coppell Master Plan
recommends that Bethel Road contain a variable right-of-way to
allow for on-street parking where appropriate.
SURROUNDING LAND USE & ZONING:
North- Undeveloped and single-family residential; HO-R and HO-PD-SF-7
South - Undeveloped and single-family residential; HO-R and HO-LI–PD-
108
East - Single-family structure; HO-R
West - Office in single-family structure; HO-R
COMPREHENSIVE PLAN: The Old Coppell Master Plan shows the southern half of the
property as suitable for mixed retail/service uses and the
northern half for residential uses.
DISCUSSION: The current request is to allow the relocation and
occupancy of a 160 square-foot building that was
previously used for storage. The intended use is an office.
Included in the plans is a 96 square-foot addition to
accommodate a restroom, bringing the total square footage
of the building to 256. The applicant has stated that this
request is to allow for her son, who lives on Mitchell
Street, to use this building as his office for his air
conditioning business. This user would require no
additional parking because he can walk from his residence,
and no truck traffic is anticipated. However, per the
requirements of the Zoning Ordinance, one additional
parking space would be required for this 256 square-foot
office. In reviewing the existing development on the site,
there is currently an office building containing 1,567-
square feet. The proposed office will bring the total square
footage to 1,823- square feet. Based on the parking ratio of
one space per 300-square feet for office, six spaces would
be required. There are six existing spaces; therefore, no
additional parking would be required to serve this use.
When this parking configuration was approved in 1998, it
was conditioned upon the provision of a landscaped
screening hedge. Therefore, the utilization of this existing
parking could be supported, subject to this previously
agreed to landscaping being provided.
Item # 5
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of HO-R-S-1146R to allow for
the relocation and expansion of an existing structure, subject to:
1) Landscaping being provided as indicated on the attached site
plan.
2) The development of the property shall be in accordance with
the revised site plan.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
AGE N DA R E QU E S T FO R M
ITEM # 17 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1198R, Assured Self Storage, zoning change request from LI-S-1198 (Light
Industrial-Special Use Permit-1198) to LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised), to
amend the site plan and increase the size of the mini-warehouse facility with on-premise use (caretakers
quarters) to approximately 75,000-square feet on 4.83 acres of property located along the south side of Belt
Line Road, approximately 4,100 feet east of MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Revise the pro p os e d l ocation of the monument sign to be placed no closer than 75’
from the side proper ty line (Per Section 12-29-4.2 Bi). (condition met)
2) More clearly define the location of the steel fencing on the site plan as represented
on the site detail sheet. (condition met)
Staff recommends approval.
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Item # 6
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1198R, Assured Self Storage
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
STAFF REP.: Andrea Roy, City Planner
LOCATION: Along the south side of Belt Line Road, approximately 4,100 feet
east of MacArthur Boulevard.
SIZE OF AREA: 4.83 acres of property.
CURRENT ZONING: LI-S-1198 (Light Industrial-Special Use Permit-1198) allowing an
approximate 64,200 square-foot mini-warehouse facility with on-
premise residential use (caretakers quarters).
REQUEST: LI-S-1198R (Light Industrial-Special Use Permit-1198 Revised) to
allow an increase in building area to 75,000-square feet and revisions
to the parking layout, loading spaces, building placement, fire lanes,
caretakers quarters/office, dumpster, and landscaping.
APPLICANT: Applicant: Developer:
Walter Nelson Don Valk
Walter Nelson & Assoc. Assured Self Storage
1812 Carla Avenue 1001 W. Pleasant Run Rd.
Arlington, TX 76014 DeSoto, Texas 75115
Phone: (817) 265-6738Phone: (214) 808-6667
Fax: (817) 265-0206 Fax: (972) 223-2606
Architect:
Steve Sullivan
Sullivan Architecture
4436 Ballinger Drive
Plano, Texas 75093
Phone: (972) 612-7067
Fax: (972) 612-9543
HISTORY: On May 14, 2002, Council approved S-1198 for Assured Self
Storage, rezoning the property from LI to LI-SUP-1198 (Light
Page 2 of 4
Item # 6
Industrial Special Use Permi-1198) allowing an approximate 64,200
square-foot mini-warehouse with on-premise residential use.
There is no platting history on the subject site. The subject property
has been reclaimed from the surrounding floodplain area.
TRANSPORTATION:East Belt Line Road is a P6D six-lane divided major thoroughfare built
within a 120’ wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- Railroad and vacant; A (Agriculture) and LI (Light Industrial)
South -Vacant; LI (Light Industrial)
East - Vacant; LI (Light Industrial) and A (Agriculture)
West - Vacant; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: The applicant is requesting approval of several revisions to the recently
approved Assured Self Storage Site Plan. While numerous revisions are
proposed, the facility will continue to contain 12 one-story storage buildings,
with a manager’s office and residence located at the front northwest corner of
the site.
The most significant revision to the plan is the proposed increase in
building area from the approved 64,200-square feet to 75,000-square feet.
The increase in building area is primarily due to the conversion of two
buildings to climate control, the elimination of a second point of
ingress/egress off of Belt Line Road, and the shifting of buildings to
further maximize the site. While the visual impact of the building increase
from Belt Line Road will be minimal, the length of the front building will
increase from 240’ to 270’. The additional area increases the lot coverage
from 31% to 35%.
The architectural character of the mini-storage facility has not been modified.
The exterior elevations will be constructed primarily of a mission antique
(red) brick, with a mixture of buff colored stone veneer, brick, and E.I.F.S.
Site Plan-Layout/Parking
When the Assured Self Storage Plan was originally reviewed by staff at the
time of the initial Special Use Permit request, there were several concerns
regarding the design and efficiency of the site. The proposed site plan now
addresses many of these concerns, which remained on the approved plans.
The layout of the site remains awkward, again, due to the pie-shape of the lot,
with the widest part of the site adjacent to Belt Line Road. While the design
of the project and placement of the storage buildings around the edge of the
Page 3 of 4
Item # 6
property only accentuates the awkwardness of the site, the plan does comply
with all basic site plan requirements. Because the buildings were designed to
be placed at angles, the parking serving these buildings was also positioned at
a variety of angles. The original plan contained numerous locations where
parking/loading spaces were tucked in-between buildings or placed at sharp
turns, where visibility and accessibility was hindered. The proposed revisions
eliminate most of these obstructed and awkward parking spaces.
Further, in staff’s opinion, the original plan possessed a lack of accessible
parking at the front of the site, serving the manager’s office/residence. A
total of six parking spaces are now provided at the front of the site, in lieu of
the three spaces that existed on the prior plan. Additionally, the site plan
previously indicated that 17 parking spaces were required and 50 were
provided, as a high number of parallel parking spaces were shown in front of
all proposed units. The applicant has since indicated that most of these
parking spaces will not be striped, due to the manner in which customers pull
up to their individual units, regardless of striping. Staff requested the
applicant remove reference to these spaces if they were not physically going
to be shown on the ground. The revised plan now indicates that the 19
required parking spaces are provided, with the understanding that additional
parking is available in front of all storage units. The number of loading
spaces has not been revised; however, all five spaces have been relocated
throughout the site. Security gates will remain on the single-access point into
the facility.
Site Plan-Miscellaneous Modifications
Other changes to the plan include the separation of the easternmost storage
building into three separate buildings, due to fire code requirements. The
separation will aid in breaking up the building mass along the east property
line. Also, the previously shown 528 square-foot attached two-car garage
has been eliminated from the manager’s office and residence (caretaker’s
quarters). The dumpster and dumpster enclosure have been relocated
closer to the front of the site to a more accessible location for patrons.
Because of the placement of the dumpster, the applicant has requested that
no doors be required to be placed on the enclosure, as this would
discourage its use. Under these circumstances and the fact that this
dumpster will face into the storage facility and will not be visible to
passers-by, staff has no objection to this request.
There are no physical changes to the monument sign; however, it has been
relocated due to the reconfiguration of the parking. The revised location
of the monument sign does not meet the requirements of the Zoning
Ordinance, which does not allow monument signs to be placed closer than
75’ from any side property line. Staff has included a condition to address
this issue.
Page 4 of 4
Item # 6
The site details indicate a brick veneer wall and steel tubular fencing will
be installed, but staff cannot locate the placement of the steel fencing on
the site plan unless part of the entrance gate. Staff has requested that the
applicant more clearly define the location of steel fencing.
Landscaping
The applicant has met all Perimeter, Interior, and Non-Vehicular landscape
requirements. The site has been designed to fully screen the interior of the
site from view, placing the buildings around the perimeter of the site, which
allows the interior area to be exempt from the Interior landscape requirements.
Revisions to the plan have slightly affected the placement and quantity of
required landscaping, providing for additional trees located at the front of the
property near the entrance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the S-1198R Assured Self Storage, subject to
the following conditions being met:
1) Revise the proposed location of the monument sign to be placed no
closer than 75’ from the side property line (Per Section 12-29-4.2 Bi).
2) More clearly define the location of the steel fencing on the site plan as
represented on the site detail sheet.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Site Details
4) Office/Caretaker’s Quarters Elevations
5) Exterior Building Elevations
6) Enlarged Partial Elevations
AGE N DA R E QU E S T FO R M
ITEM # 18 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
Consider approval of the Assured Self Storage Addition, Lot 1, Block 1, Minor Plat, to allow the construction
of an approximately 75,000 square-foot mini-warehouse facility with on-premise residential use (caretakers
quarters) on 4.83 acres of property located along the south side of Belt Line Road, approximately 4,100 feet
east of MacArthur Boulevard.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) Correct all errors on the proposed plat, including the alignment of the Utility
Signature lines and all typographical errors. (condition met)
Staff recommends approval.
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Item # 7
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Assured Self Storage Addition, Lot 1, Block 1
Minor Plat
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
STAFF REP.: Andrea Roy, City Planner
LOCATION: Along the south side of Belt Line Road, approximately 4,100 feet
east of MacArthur Boulevard.
SIZE OF AREA: 4.83 acres of property.
CURRENT ZONING: LI-S.U.P.-1198 (Light Industrial-Special Use Permit-1198) for an
approximate 64,200 square-foot mini-warehouse facility with on-
premise residential use (caretakers quarters).
REQUEST: Minor Plat approval for the development an approximate 75,000
square-foot mini-warehouse facility with on-premise residential
use (caretakers quarters).
APPLICANT: Applicant: Developer:
Walter Nelson Don Valk
Walter Nelson & Assoc. Assured Self Storage
1812 Carla Avenue 1001 W. Pleasant Run Rd.
Arlington, TX 76014 DeSoto, Texas 75115
Phone: (817) 265-6738 Phone: (214) 808-6667
Fax: (817) 265-0206 Fax: (972) 223-2606
Architect:
Steve Sullivan
Sullivan Architecture
4436 Ballinger Drive
Plano, Texas 75093
Phone: (972) 612-7067
Fax: (972) 612-9543
Page 2 of 2
Item # 7
HISTORY: On May 14, 2002, Council approved S-1198 for Assured Self
Storage, rezoning the property from LI to LI-SUP-1198 (Light
Industrial-Special Use Permit-1198) allowing an approximate 64,200
square-foot mini-warehouse with on-premise residential use.
There is no platting history on the subject site. The subject property
has been reclaimed from the surrounding floodplain area.
TRANSPORTATION:East Belt Line Road is a P6D six-lane divided major thoroughfare built
within a 120’ wide right-of-way.
SURROUNDING LAND USE & ZONING:
North- Railroad and vacant; A (Agriculture) and LI (Light Industrial)
South -Vacant; LI (Light Industrial)
East - Vacant; LI (Light Industrial) and A (Agriculture)
West - Vacant; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: In conjunction with the request for revised Special Use Permit
approval (S-1198R, Assured Self Storage), the applicant is also
requesting Minor Plat approval for a 4.833-acre portion of unplatted
property located along the south side of Belt Line Road. The
proposed plat indicates all fire lane/mutual access easements and
other development related easements. The proposed minor plat
conforms to the revised site plan.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the minor plat for Assured Self Storage,
subject to the following conditions being met:
1) Correct all errors on the proposed plat, including the alignment of the Utility
Signature lines and all typographical errors.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Minor Plat (Lot 1, Block 1 Assured Self Storage Addition)
AGE N DA R E QU E S T FO R M
ITEM # 19 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1188R, Pan Acean Noodle Shop & Grill, zoning change from C-S-1188
(Commercial-Special Use Permit-1188) to C-S-1188R (Commercial-Special Use Permit-1188 Revised), to
allow an additional attached sign for the restaurant and private club to be located in the Coppell Crossing IV
Shopping Center at 777 S. MacArthur Blvd.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) The hours of operation shall be Sunday through Saturday from 11 a.m. to 12 p.m.
(midnight).
2) The exter nal illumination adjacent to the retail facility shall remain on during
the hours of operation.
3) The site shall be developed in accordance with the approved site plan, elevations,
floor plan and revised sign plan.
Staff recommends approval.
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Item # 8
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1188R, Pan Acean Noodle Shop & Grill
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
LOCATION: Coppell Crossing IV Shopping Center at 777 S. MacArthur
Boulevard.
SIZE OF AREA: Approximately 2,950-square feet.
CURRENT ZONING: C-S-1188 (Commercial, Special Use Permit-1188) for a restaurant
and private club.
REQUEST: C-S-1188R (Commercial, Special Use Permit-1188 Revised) for an
additional attached sign for the restaurant.
APPLICANT: Dave L. Gale
Gale Sign Consultants
10673 Live Oak Drive
Forney, TX 75126
Phone: (972) 564-4874
Fax: (972) 564-2450
HISTORY: There has been considerable development history on the property
surrounding this request, including site plan approvals, as well as
platting activity. A site plan for an 11,570 square-foot retail building
and final plat for this property was denied by Council on December
14, 1999. Lack of adherence to the City’s landscaping requirements,
size of the building, as well as need for additional information on
proposed signage were the major areas of concern. On March 2,
2000, the Board of Adjustment considered requests for variances and
special exceptions for this (Lot 4), as well as Lot 5 of this
development. The only favorable ruling relating to this lot was a
special exception to reduce the number of parking spaces required.
The Board of Adjustment granted this special exception, subject to
the size of restaurant uses being limited to a maximum of 4,000-
square feet. This requirement remains in effect.
Item # 8
Page 2 of 4
On May 9, 2000, Council approved a detailed site plan for an 8,498
square-foot building and a final plat on this property, subject to the
raceway of the signage matching the material on which it is mounted.
TRANSPORTATION:On our Thoroughfare Plan, MacArthur Blvd. is a P6D, shown as a six-lane
divided thoroughfare. It is currently an improved four-lane divided
roadway contained within a 110-foot R.O.W.
SURROUNDING LAND USE & ZONING:
North- retail; C (Commercial)
South -DART R.O.W., and retail; A (Agriculture) and C-PD-157 (Commercial
Planned Development)
East - shopping center; R (Retail)
West - retail; C (Commercial )
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
retail uses.
DISCUSSION: On August 14, 2001, Council approved S-1188, allowing the
subject 2,950 square-foot restaurant and private club. Since
that time, tenant improvements have been underway. The
initial special use permit approval for Pan Acean Noodles
& Grill indicated that two forty-five (45) square-foot
attached signs would be installed on the south and east
building elevations. However, when the sign permits were
submitted to the City for approval, the applicant requested
that the sign originally proposed to be placed on the south
building wall be relocated to the north building wall. As
there was no increase in square footage, staff
administratively permitted this change and the signs were
installed accordingly.
The applicant now wishes to install a 39-square foot sign
on the south elevation facing Belt Line Road. Per Section
29-4.3(Bi) of the Zoning Ordinance, attached signs for
buildings and leaseholds with multiple facades are permitted
with a maximum aggregate effective area on any one façade
equal to one-square foot per one-lineal foot of façade width
and a maximum total aggregate effective area of two-square
feet per lineal foot of tenant frontage. The applicant’s lease
space possesses 65’ of linear frontage, allowing a maximum
total sign area of 130-square feet. Inclusion of the additional
sign brings the total sign area to 129-square feet, just within
the maximum permitted. The additional sign will consist of
Item # 8
Page 3 of 4
ivory individually mounted letters with bronze returns and is
consistent with the existing wall signs.
The signage approved for this building is the same
approved for buildings 1 and 2 of Coppell Crossing that
specifies:
“ivory lettering will be used for all signs and, if
necessary, a tenant may also incorporate a logo of a
different color as part of the allowable signage,
provided that the logo occupies less area than the
ivory lettering”.
Staff has no objection to the subject request, as it is in full
compliance with the Zoning Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1188R allowing an additional sign for Pan
Acean Noodle Shop & Grill, subject to compliance with all conditions required by S-
1188, as follows:
1) The hours of operation shall be Sunday through Saturday from 11 a.m.
to 12 p.m. (midnight).
2) The external illumination adjacent to the retail facility shall remain on
during the hours of operation.
3) The site shall be developed in accordance with the approved site plan,
elevations, floor plan and revised sign plan.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan for Coppell Crossing IV
2) Elevations for Coppell Crossing IV
Item # 8
Page 4 of 4
3) Floor Plan for Pan Acean Noodle Shop & Grill
4) Proposed Sign-detail
22c i t y o f c o p p e l lSITE PLANPlanning DepartmentExisting SignageProposed Additional Signage65’
22c i t y o f c o p p e l lELEVATIONSPlanning DepartmentNorth ElevationSouth ElevationEast Elevation
AGE N DA R E QU E S T FO R M
ITEM # 20 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
Consider approval of the Coppell Bible Fellowship, Site Plan, to allow the development of an approximately
20,000 square-foot church building, indicating future expansion phases of approximately 52,750 square-feet,
on 8.2 acres of property located at the southeast corner of Sandy Lake and State Roads.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Receipt of a signed letter agreement from the church, prior to the
September 10th City Council Meeting, offering to provide an access point
to State Road prior to the completion of the constr uction of Sandy Lake Road
to a four-lane divided thoroughfare adjacent to this site. (condition met)
2) Revise site plan sheet to indicate:
• The location of 135 parking spaces for the first phase of development.
• Proposed six-foot screening wall along the south and east property line
• North arrow and scale
• Verify names and correct locations of the labels of the owner’s names
of abutting properties. (condition met)
3) The City’s Landscape Manager’s approval of the tree protection plan and
tree removal permit prior to any construction on this site.
Staff recommends approval.
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Item # 9
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Coppell Bible Fellowship, Site Plan
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southeast corner of Sandy Lake and State Roads.
SIZE OF AREA: Approximately 8.2 acres
CURRENT ZONING R (Retail)
REQUEST: Site Plan approval for an 18,680 square foot church, with future
expansion phases of approximately 52,750 square feet.
APPLICANT: Owner: Architect:
Mr. David Patterson Mr. Bill Ward
Coppell Bible Fellowship TGS Architects
P.O. Box 2352 5323 Spring Valley Rd, Suite 200
Coppell, Texas 75019 Dallas, Texas 75254
972-462-1902 972-788-1945
972-462-1502 972-788-2309
HISTORY: In 1995, a request to rezone the subject property from Light Industrial
to SF-9, to allow for the construction of 22 homes, was recommended
for denial by the Planning and Zoning Commission. This request was
not appealed to the Council.
In February 2000, Council denied a request for a 90-unit hotel/motel
retirement facility on the subject tract of property. Concerns included
Item # 9
Page 2 of 4
the incompatibility with the Comprehensive Master Plan and a
residential use under the flight paths for D/FW Airport.
In July 2000, Council approved several rezonings, as initiated by the
Planning and Zoning Commission, to reduce the incompatibilities
between the Master Plan and Zoning Map, considering the existing
and proposed development patterns in the City. As part of that effort,
the subject tract was rezoned from Light Industrial to Retail.
TRANSPORTATION:Sandy Lake Road is a C4D/6, proposed to be a four-lane divided roadway
contained within a 110-foot R.O.W. It is currently a two-lane
asphalt street. State Road is a C4D/6 and is indicated on the
Thoroughfare Plan as the future alignment of the extension of
Freeport Parkway.
SURROUNDING LAND USE & ZONING:
North- vacant; LI (Light Industrial)
South –built-out single family (Oakbend Addition) PD-SF-9
East - built-out single family (Oakbend Addition) PD-SF-9
West – vacant; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
mixed uses.
DISCUSSION: Coppell Bible Fellowship is requesting site plan approval to allow for the
construction of the initial phase of their church facility. The first building
is proposed to be a two-story, 18,680 square-foot building, containing a
405-seat auditorium/sanctuary, classrooms and offices. This building is
proposed to be expanded with a one-story, 5,550 square-foot addition.
The site plan also indicates future phases, including a 975-seat sanctuary
and a two-story, 22,400 square-foot classroom building, including almost
71,500-square feet of development on this eight acre tract of property.
Approximately one acre of this eight-acre parcel is heavily wooded with
approximately 60 mature oak trees and will remain undeveloped. Most of
these trees will be preserved to serve as an amenity for this church.
Several of the trees in close proximity to Sandy Lake and State Roads will
be used to partially fulfill the requirements of the perimeter landscape
requirements. However, prior to any construction on this site, the
applicant needs to meet with the City’s Landscape Manager to assure that
the trees to be preserved will be properly protected and a Tree Removal
Permit be obtained.
Item # 9
Page 3 of 4
The overall site plan is in compliance with all applicable codes and
ordinances, with the exception of a few drafting inconsistencies that need
to be remedied. First, parking is required to be provided at a ratio of one
space per three seats in the proposed 405-seat sanctuary. The data table
indicates 135 parking spaces are required and provided; however, only
134 are shown on the site plan as part of the first phase of development.
Second, the proposed six-foot screening wall along the south and east
property lines, as shown on the Landscape Plan, needs to be indicated on
the Site Plan. Third, there is a conflict between the plat and site plan as to
the property owner’s name on the west side of State Road, also the labels
of the adjacent property owner names should be relocated from the
R.O.W. to the properties. Finally, the north arrow and scale need to be
added to this site plan sheet.
Staff’s main concern with the development of this property for church
uses is access. During the first phase of development, only one driveway
is planned on Sandy Lake Road, which is currently a two-lane,
substandard road. Sandy Lake Road is scheduled to be improved to a
four-lane, divided thoroughfare in 2006. Once constructed, westbound
access to this property could only be accommodated via a U-turn
movement at the State Road intersection. Given the distance between the
median openings currently planned to serve State Road and Oak Bend
Drive, an additional median opening on Sandy Lake along this property
would be in violation of the Subdivision Ordinance and, therefore, not
permitted. Another concern is that during the construction of Sandy Lake,
access to this property could be tenuous, at best. While not required for
fire access, from a safety and practical standpoint, it is strongly
recommended that a second point of access be provided along State Road
during the first phase of construction.
The landscape plan complies with the provisions of the Landscape
Ordinance. The perimeter landscaping is being provided along the edges
of the entire site with the first phase of development. Twenty feet of
landscaped area is being provided adjacent to the screening walls abutting
the existing single-family developments. Within these areas, a
combination of Live Oaks and Burr Oaks are being installed. Burr Oaks
are also being planned for the Sandy Lake frontage, within a 55-foot
landscape buffer area. Finally, Cedar Elms will be installed along State
Road, within a 15-foot landscape area. The parking lots will contain the
required tree islands and a Nellie R. Stevens hedge will screen the first
phase of the parking lot from the abutting streets. Again, this site will
further be enhanced by the preservation of the existing mature trees on this
site.
The building will be 90% brick with CMU and limestone as architectural
accents. The main entrance will front on Sandy Lake Road. There is a
note on the site plan that a monument sign is planned for Sandy Lake
Item # 9
Page 4 of 4
Road. The elevations indicate that there will be an attached sign on the
north elevation. However, at this time, these signs have not been designed.
Therefore, both the notations state that the signs will be in compliance
with the sign regulations contained within the Zoning Ordinance. Finally,
a 35-foot tower is also planned in the future as an architectural feature for
this facility.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Site Plan for Coppell Bible Fellowship,
subject to:
1) An access point (second point of access) being provided to State Road
to serve the first phase of development.
2) Revise site plan sheet to indicate:
• The location of 135 parking spaces for the first phase of
development.
• Proposed six-foot screening wall along the south and east property
line
• North arrow and scale
• Verify names and correct locations of the labels of the owner’s
names of abutting properties.
3) The City’s Landscape Manager’s approval of the tree protection plan
and tree removal permit prior to any construction on this site.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Elevation of Tower
2) Site Plan
3) Landscape Plan
4) Landscape Details
5) Tree Survey
6) Elevations
AGE N DA R E QU E S T FO R M
ITEM # 21 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION:
Consider approval of the Coppell Bible Fellowship Addition, Lot 1, Block A, Minor Plat, to allow the
development of an approximately 20,000 square-foot church building, indicating future expansion phases of
approximately 52,750-square feet on 8.2 acres of property located at the southeast corner of Sandy Lake Road and
State Road.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: August 15, 2002
Decision of P&Z Commission: Approved (5-0) with Commissioners McCaffrey, Kittrell, McGahey,
Dragon and Stewart voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) Replatting of this property will be required when future phases are developed
to extend the fire lanes.
Staff recommends approval.
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form – Revised 5/00
@7CoppellBFmp 1-Agenda Request
Item # 10
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Coppell Bible Fellowship Addition
Lot 1, Block A, Minor Plat
P & Z HEARING DATE: August 15, 2002
C.C. HEARING DATE: September 10, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southeast corner of Sandy Lake and State Roads.
SIZE OF AREA: 8.2 acres
CURRENT ZONING R (Retail)
REQUEST: R-PD-197 (Retail-Planned Development-197)
APPLICANT: Owner: Engineer:
Mr. David Patterson Mr. Mike Daniel
Coppell Bible Fellowship NDM Consulting Engineers
P.O. Box 2352 8080 Park Lane, Suite 600
Coppell, Texas 75019 Dallas, Texas 75231
972-462-1902 214-739-4741
972-462-1502 214-739-5961
HISTORY: In 1995, a request to rezone the subject property from Light Industrial
to SF-9, to allow for the construction of 22 homes, was recommended
for denial by the Planning and Zoning Commission. This request was
not appealed to the Council.
In February 2000, Council denied a request for a 90-unit hotel/motel
retirement facility on the subject tract of property. Concerns included
the incompatibility with the Comprehensive Master Plan and a
residential use under the flight paths for D/FW Airport.
Item # 10
Page 2 of 3
In July 2000, Council approved several rezonings, as initiated by the
Planning and Zoning Commission, to reduce the incompatibilities
between the Master Plan and Zoning Map, considering the existing
and proposed development patterns in the City. As part of that effort,
the subject tract was rezoned from Light Industrial to Retail.
TRANSPORTATION:Sandy Lake Road is a C4D/6, proposed to be a four-lane divided roadway
contained within an 110-foot R.O.W. It is currently a two- lane
asphalt street. State Road is a C4D/6 and is indicated on the
Thoroughfare Plan as the future alignment of the extension of
Freeport Parkway.
SURROUNDING LAND USE & ZONING:
North- vacant; LI (Light Industrial)
South –built-out single family (Oakbend Addition) PD-SF-9
East - built-out single family (Oakbend Addition) PD-SF-9
West – vacant; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
mixed uses.
DISCUSSION: The purpose of this minor plat is to define the building site
for this church as well as to provide for needed right-of-
way dedications, fire lanes and utility easements.
Specifically, approximately 0.5 of an acre of property is
being dedicated for the widening of Sandy Lake Road as
part of this plat. Previously, there was a temporary, 40-foot
construction easement along Sandy Lake Road. Due to the
dedication of the needed right-of-way for this road, this
easement is being abandoned as part of this plat.
The first phase fire lanes are indicated on the plat. These
fire lanes will need to be extended as future phases
develop. In the event that a second point of access is
provided to State Road with the first phase of development,
as recommended in the site plan review, then the fire lane
could be extended at this time.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Item # 10
Page 3 of 3
Staff is recommending APPROVAL of Lot 1, Block A, Coppell Bible Fellowship
Addition, subject to:
1) Replatting of this property will be required when future phases are
developed to extend the fire lanes.
2) Extension of the one of the lanes to State Road, if a second point of
access is provided with the first phase of development.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Minor Plat
AGE N DA R E QU E S T FO R M
ITEM # 22 CITY COUNCIL MEETING: September 10, 2002
ITEM CAPTION: Consider approval of an ordinance amending the code of ordinances by amending
Chapter 6, Article 6-2 for peddlers and solicitors by providing a definition for canvassing; by amending the
circumstances which require non-charitable solicitations to obtain a permit; providing provisions for the
requirements for permits; amending the provisions regarding the charitable solicitation requirements;
providing for hours of solicitation or canvassing; providing for the posting of notice prohibiting solicitors,
handbills, and/or canvassing; providing circumstances to permit and/or prohibit solicitation in the public
right-of-way; providing for exemptions to the ordinance; providing a repealing clause; providing a severability
clause; providing a savings clause; providing a penalty of fine not to exceed the sum of Two Hundred Dollars
($200.00) for each offence; providing an effective date, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !Solicitor
1 49504
ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
ARTICLE 6-2 FOR PEDDLERS AND SOLICITORS BY PROVIDING A
DEFINITION FOR CANVASSING; BY AMENDING THE
CIRCUMSTANCES WHICH REQUIRE NON-CHARITABLE
SOLICITATIONS TO OBTAIN A PERMIT; PROVIDING PROVISIONS
FOR THE REQUIREMENTS FOR PERMITS; AMENDING THE
PROVISIONS REGARDING THE CHARITABLE SOLICITATION
REQUIREMENTS; PROVIDING FOR HOURS OF SOLICITATION OR
CANVASSING; PROVIDING FOR THE POSTING OF NOTICE
PROHIBITING SOLICITORS, HANDBILLS, AND/OR CANVASSING;
PROVIDING CIRCUMSTANCES TO PERMIT AND/OR PROHIBIT
SOLICITATION IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR
EXEMPTIONS TO THE ORDINANCE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS 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 the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-1 is hereby amended to provide
for a definition of canvass, which shall read as follows:
"Sec. 6-2-1. Definitions.
Canvass shall mean, for the purposes of this ordinance, to examine or discuss in
detail; to make subject of discussion or debate; go through places or among people asking,
requesting or engaging for vote/opinions concerning religious, political, or other topics of
public concern but in no event shall be construed to mean solicitation of funds or soliciting
merchandise as provided herein.
. . . . ."
2 49504
SECTION 2.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-3(A) is hereby amended to
provide for a commercial purpose, which shall read as follows:
“Sec. 6-2-3.Non-charitable solicitations permit.
A. Application. Any person desiring to solicit in person from house-to-
house . . . performed in the future or to make home solicitation transactions for a
commercial purpose within the city shall make sworn written application . . . . .
. . . . .”
SECTION 3.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-4 to read as follows:
"Sec. 6-2-4. Charitable solicitations registration.
A. All persons desiring to a solicit funds for charitable purposes or sale of
merchandise to raise funds for charitable purposes in the city shall file with the chief of
police a registration statement on forms provided by the city.
B. The solicitation of funds or sale of merchandise, goods, or ware for charitable
purposes . . . . ."
SECTION 4.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-9 to read as follows:
"Sec. 6-2-9. Hours of solicitation or canvassing.
A. It shall be unlawful for any person to conduct a charitable or non-charitable
solicitation , to solicit funds, to canvass or go upon any residential . . . . ."
SECTION 5.That the Code of Ordinances of the City of Coppell, Texas be, and the same
is, hereby amended by amending Chapter 6, Section 6-2-10 to read as follows:
3 49504
"Sec. 6-2-10. Exhibiting card prohibiting solicitors, handbills and/or canvassing.
A. A person, desiring that no merchant or other person engaged in a, charitable or
non-charitable, solicitation, or home solicitation or place handbills or other advertisement or
canvassing at such person's residence . . . . . No person shall engage in a charitable or non-
charitable solicitation, a home solicitation or affix, deposit, or otherwise leave handbills or
canvass . . . . .
B. Every merchant or other person intending to engage in a charitable or non-
charitable solicitation, place handbills, or canvass, going onto any premises upon which a
residence . . . . .
C. No person shall . . . attempting to engage in a charitable solicitation, non-
charitable solicitation or home solicitation transaction, or place handbills, or canvass if a
card as described in subsection A of this section . . . . ."
SECTION 6.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-13 to read as follows:
"Sec. 6-2-13. Charitable solicitations on public-rights-of-way.
. . . . .
A. No such charitable solicitation may be conducted upon or within the right-
of-way of I.H.-635, S.H. 121, MacArthur Avenue, Beltline Road, Southwest
Avenue, Denton Tap Road, Sandy Lake Road, or the intersections of any of
the above named streets, or any other interstate highway, a state highway, or
farm-to-market road.
. . . . .
D. No person under 18 years of age shall conduct any solicitation in or upon
public street.
. . . . ."
SECTION 7. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, by adding Section 6-2-17 to read as follows:
4 49504
"Sec. 6-2-17. Exemptions.
The provisions of this article do not apply to a public utility company, or other
person(s) engaged in canvassing as defined herein, or any other person operating under a franchise
agreement; however, no person shall be permitted to engage in any conduct in violation of Article 6-
2-9."
SECTION 8.That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 9. That should any 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 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 Code of Ordinances as a whole.
SECTION 10.An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 11.That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 12.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 provides.
5 49504
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
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 09/03/02)
AG EN DA R EQU EST FO R M
ITEM # 23 CITY COUNCIL MEETING: September 10, 2002
NECESSARY ACTION RESULTING FROM WORK SESSION
AG EN DA R EQU EST FO R M
ITEM # 24 CITY COUNCIL MEETING: September 10, 2002
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Sheehan regarding Keep Coppell Beautiful activities.
B. Repor t by Mayor Sheehan regarding Dallas Regional Mobility Coalition.
C. Repor t by Mayor Sheehan regarding Tex 21 meetings.
CITY MANAGER'S REVIEW:
AG EN DA R EQU EST FO R M
ITEM # 25 CITY COUNCIL MEETING: September 10, 2002
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION