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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. ag091002 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 ag091002 Page 2 of 6 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 ag091002 Page 3 of 6 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. ag091002 Page 4 of 6 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. ag091002 Page 5 of 6 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. ag091002 Page 6 of 6 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: Page 1 of 9 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. Page 2 of 9 • 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 Page 3 of 9 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. Page 6 of 9 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. Page 7 of 9 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: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 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: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: 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: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: 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: BUDGET AMT. $ AMT. EST. $ +\-BID $ FINANCIAL COMMENTS: DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @8Txt Amend re Group Homes 1-Agenda Request Item # 8 page 1 of 4 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 page 2 of 4 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: Item # 8 page 3 of 4 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 page 4 of 4 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @1ZC610(CH)PD198 1-Agenda Request Item # 4 Page 1 of 6 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: Item # 4 Page 4 of 6 “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 Page 5 of 6 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @2S1146R 1-Agenda Request Item # 5 Page 1 of 3 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 Item # 5 Page 2 of 3 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @3S1198R 1-Agenda Request Page 1 of 4 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @4ASSmp 1-Agenda Request Page 1 of 2 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @5S1188R 1-Agenda Request 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. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form – Revised 5/00 @6CoppellBFsp 1-Agenda Request 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