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CP 2011-01-11 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 11, 2011 DOUG STOVER BOB MAHALIK, Place 2 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 KAREN HUNT Place 7 CLAY PHILLIPS, 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 7:30 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, January 11, 2011, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag011111 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. B. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice from the City Attorney concerning the Settlement Agreement and Mutual Release of Claims between the City of Coppell and Rick and Peggy Bureau. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development prospects south of Sandy Lake Road and west of Royal Lane. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion Regarding Building Codes. B. Presentation and Discussion Regarding Mausoleum Fees. C. Discussion Regarding the Legislative Agenda. D. Discussion of NCTCOG Emergency Preparedness Committee. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming the month of January 2011 as School Board Appreciation Month, and authorizing the Mayor to sign. 8. Citizens' Appearances. 9. Consider approval of minutes: December 14, 2010. ag011111 Page 2 of 5 ITEM # ITEM DESCRIPTION 10. PUBLIC HEARING: Consider approval of Case No. PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4, a zoning change request from LI (Light Industrial) to PD-247-LI (Planned Development-247-Light Industrial), to allow site and building modifications on 4.04 acres of land located at 815 S. Coppell Road. 11. PUBLIC HEARING: Consider approval of Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South Belt Line Road. 12. PUBLIC HEARING: Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD-237R3-HC (Planned Development-237 Revision 3- Highway Commercial), to attach a Detail Site Plan to allow a 4,900- square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. 13. Consider approval of an Ordinance for Case No. PD-248-SF-18 (CH) Carter Estates, for a zoning change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned Development 248-Single Family-18), to establish zoning which is reflective of the existing development and lotting patterns within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt Line Road (DART ROW) and authorizing the Mayor to sign. 14. Consider approval of a Resolution approving the terms and conditions of the Dallas County Mutual Aid Interlocal Agreement and authorizing the Mayor to sign. 15. Consider approval of an Ordinance to adopt the 2011 Edition of the National Electrical Code, as amended, providing an effective date, and authorizing the Mayor to sign. 16. Consider approval of an Ordinance to adopt the 2009 Edition of the International Building Code, as amended, providing an effective date, and authorizing the Mayor to sign. ag011111 Page 3 of 5 ITEM # ITEM DESCRIPTION 17. Consider approval of an Ordinance to adopt the 2009 Edition of the International Energy Conservation Code, as amended, providing an effective date, and authorizing the Mayor to sign. 18. Consider approval of an Ordinance to adopt the 2009 Edition of the International Fire Code, as amended, providing an effective date, and authorizing the Mayor to sign. 19. Consider approval of an Ordinance to adopt the 2009 Edition of the International Fuel Gas Code, as amended, providing an effective date, and authorizing the Mayor to sign. 20. Consider approval of an Ordinance to adopt the 2009 Edition of the International Mechanical Code, as amended, providing an effective date, and authorizing the Mayor to sign. 21. Consider approval of an Ordinance to adopt the 2009 Edition of the International Plumbing Code, as amended, providing an effective date, and authorizing the Mayor to sign. 22. Consider approval of an Ordinance to adopt the 2009 Edition of the International Property Maintenance Code, as amended, providing an effective date, and authorizing the Mayor to sign. 23. Consider approval of an Ordinance to adopt the 2009 Edition of the International Residential Code, as amended, providing an effective date, and authorizing the Mayor to sign. 24. Consider adoption of the Legislative Agenda for the 2011 Legislative Session. 25. City Manager's Report. A. Project Update and Future Agendas. 26. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the meeting with State Legislators on Coppell legislative priorities. 27. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. ag011111 Page 4 of 5 ITEM # ITEM DESCRIPTION 28. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2011, at __________________. ____________________________________ Christel Pettinos, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag011111 Page 5 of 5 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072 – Deliberation regarding Real Property. 1. Seek legal advice from the City Attorney concerning the settlement and land purchases agreements with the Billingsleys at Northlake. B. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Seek legal advice from the City Attorney concerning the Settlement Agreement and Mutual Release of Claims between the City of Coppell and Rick and Peggy Bureau. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development prospects south of Sandy Lake Road and west of Royal Lane. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: ES-3 WORK SESSION A. Discussion Regarding Building Codes. B. Presentation and Discussion Regarding Mausoleum Fees. C. Discussion Regarding Legislative Agenda. D. Discussion of NCTCOG Emergency Preparedness Committee. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 %wksessn PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: January 11, 2011 To: Mayor and City Council From: Brad Reid, Director Re: Discussion regarding prices for private family mausoleum Background: On November 9, 2010 staff visited with the City Council concerning the placement of a two person mausoleum in Rolling Oaks Memorial Center. We would like to have a discussion at this time with the Mayor and Council concerning retail pricing of the mausoleum. Consideration of approval of the revised fee schedule, which includes the mausoleum, will be presented to City Council at a later date. Private Family Mausoleums Private family mausoleums are a common feature in many area cemeteries. These structures come in many shapes and sizes and can be reasonably priced for purchase. The recommended mausoleums can be purchased for $ 12,460.00. They are delivered and set in place with a crane on a pre-poured concrete foundation. The typical foundation is 86” by 105” and costs $ 2,000. Estimated landscaping costs should not exceed $3000. Total cost of the mausoleum should not exceed $18,000. Like products vary in retail price across the Dallas/Fort Worth area depending on numerous factors. These factors include color of granite, location of the cemetery, and the location of the mausoleum within the cemetery. Market Survey For Two Person Mausoleum Hilltop Cemetery (Carrollton) - $60,000 Restland Cemetery (Dallas) - $89,000 Sparkman Hillcrest Cemetery (Dallas) - $220,000 Blue Bonnet Cemetery (Colleyville) - $65,000 to $85,000 City Council Action requested: Staff is requesting Council direction on the pricing for a double casket private family mausoleum at Rolling Oaks Memorial. The pricing will be reflected in the Master Fee Schedule, consideration of which will be forthcoming on a future agenda. Staff Recommendation It is recommended that a double casket private family mausoleum be offered for sale at Rolling Oaks Memorial Center for $55,000 with a $10,000 reduction for a resident purchase. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager January 11, 2011 7 ✔ PROCLAMATION Consider approval of a proclamation naming the month of January 2011 as School Board Appreciation Month, and authorizing the Mayor to sign. Staff recommends approval. !School Board - 1 AR PROCLAMATION WHEREAS, our students benefit every day from the dedicated energies and countless hours devoted by a group of men and women serving as local school board members; and WHEREAS, these public servants are elected to serve by local citizens and receive no compensation for their tireless efforts; and WHEREAS, school board members are extraordinary people who voluntarily tackle the enormous job of governing school districts; and WHEREAS, their actions and decisions affect the present and future lives of all our children and every day trustees demonstrate strength and dedication as they focus on excellence for their district programs, their teachers, and most importantly their students. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby declare January 2011 as “SCHOOL BOARD APPRECIATION MONTH” and urge all citizens to join me in recognizing the dedication and hard work of the Coppell Independent School Board, the Carrollton-Farmers Branch Independent School Board, and the Lewisville Independent School Board. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of January 2011. ____________________________ Douglas N. Stover, Mayor ATTEST: _______________________ Christel Pettinos, City Secretary AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: 8 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 Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or 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). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 11, 2011 9 ✔ PROCEDURAL Consider approval of minutes: December 14, 2010. Minutes of the City Council meeting held on December 14, 2010. Staff recommends approval. %minutes MINUTES OF DECEMBER 14, 2010 The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 14, 2010, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Bob Mahalik, Mayor Pro Tem Tim Brancheau, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Marvin Franklin, Councilmember (late arrival) Karen Hunt, Councilmember Councilmember Faught was absent. Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney David Dodd. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Work Session. Councilmember Franklin arrived prior to convening Work Session. WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Fred Hill and Dan Shelley regarding upcoming Legislative Session. B. Discussion of Agenda Items. RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:30 PM TO 7:30 PM. Mayor Pro Tem Mahalik left the meeting during the reception. REGULAR SESSION (Open to the Public) cm121410 Page 1 of 14 3. Convene Regular Session. 4. Invocation. Pastor Phil Geleske, Rejoice Lutheran Church, led those present in the Invocation. 5. Pledge of Allegiance. Eagle Scouts Sam Ford and Walter Munnings led those present in the Pledge of Allegiance. Item 22 was heard next. 22. City Manager's Report. A. Project Update and Future Agendas. Clay Phillips, City Manager, introduced Mac Tristan as the newly appointed Police Chief. 6. Consider approval of a proclamation honoring the Coppell High School Cowboys Football team for their outstanding 2010 season, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Coach McBride and the Coppell High School Football Team. Action: Councilmember Brancheau moved to approve the proclamation honoring the Coppell High School Cowboys Football team for their outstanding 2010 season, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. cm121410 Page 2 of 14 7. Consider approval of a proclamation honoring Samuel Scott Ford for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Sam Ford. Action: Councilmember Franklin moved to approve the proclamation honoring Samuel Scott Ford for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 8. Consider approval of a proclamation honoring Walter Smith Munnings for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Mayor Stover read the proclamation for the record and presented the same to Walter Munnings. Action: Councilmember Franklin moved to approve the proclamation honoring Walter Smith Munnings for achieving the rank of Eagle Scout, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 9. Consider reappointment of Thomas Massimi, Gina Mote, April Terry, Bill Elieson, Robert Brummitt and Eric Pratt to the Coppell Education Development Corporation for a period of not more than one year. Presentation: Clay Phillips, City Manager, made a presentation to Council. cm121410 Page 3 of 14 Action: Councilmember Brancheau moved to approve the reappointment of Thomas Massimi, Gina Mote, April Terry, Bill Elieson, Robert Brummitt and Eric Pratt to the Coppell Education Development Corporation for a period of not more than one year. Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 10. Consider approval of accepting the resignation of Charles Dart from the Keep Coppell Beautiful Board and appointing Tabitha Wilson to fill the one year term. Action: Councilmember Brancheau moved to approve the resignation of Charles Dart from the Keep Coppell Beautiful Board and appoint Tabitha Wilson to fill the one year term. Councilmember Hunt seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 11. Swearing in of newly appointed Board/Commission/Committee members. Mayor Stover swore in the newly appointed Board/Commission members. 12. Citizens' Appearances. Mayor Stover advised no one signed up to speak. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 9, 2010 and November 10, 2010. cm121410 Page 4 of 14 B. Consider approval to utilize the City of Plano's contract with Nortex Concrete Lift and Stabilization, as authorized by the Texas Local Government Code, Section 271.102, Subchapter F, to perform our yearly street repair/mud jacking program, in an amount of $100,000 as provided for in the Infrastructure Maintenance Fund. C. Consider approval of awarding Bid/Contract #Q-1110-01 Water Meters for the purchase of water meters in the following manner: Series #100 to Hersey Meters Company, Series #300 and #400 to Ferguson Meter and Automation Group, and Series #500 to Metron-Farnier for an amount not to exceed $206,000.00 as budgeted; and authorizing the City Manager to sign and execute any necessary documents. D. Consider approval of a Resolution denying the request by Texas New Mexico Power Company to increase electric transmission and distribution rates and charges, providing for notice hereof to said company and authorizing the Mayor to sign. E. Consider approval to purchase from Caldwell County Chevrolet one (1) 2011 Chevrolet 2500HD Silverado Ext Cab CC20953 Pick-up Truck in the amount of $29,615.00 for Facilities and one (1) 2011 Chevrolet 2500HD Silverado Ext Cab CC20953 Pick-up Truck in the amount of $24,781.00 for Parks through an Inter-local agreement with Buyboard as budgeted and authorizing the City Manager to sign all related documentation. F. Consider approval to purchase from Philpott Motors one (1) 2011 Toyota Tacoma Pick-up Truck in the amount of $22,914.00 for Building Inspections, one (1) Ford F250 Pick-up in the amount of $31,987.00 for Parks, one (1) Ford F250 Pick-up in the amount of $32,087.00 for Parks, one (1) Ford F450 Cab/Chassis Pick-up in the amount of $44,498.00 for Utilities, and one (1) 2011 Ford F350 Cab/Chassis Pick-up Truck in the amount of $36,449.00 for Streets through an Inter-local agreement with cm121410 Page 5 of 14 Buyboard as budgeted and authorizing the City Manager to sign all related documentation. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Resolution No. 2010-1214.1, E and F. Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 14. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Global Leading Foods HPP, LLC, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Franklin moved to approve Resolution No. 2010-1214.2 approving a Tax Abatement Agreement between the City of Coppell and Global Leading Foods HPP, LLC, and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone for STMicroelectronics, Inc. pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Lot 1R2, Block 1 of GTE Shared Services Center Addition (13.699 acres), located at the northeast corner of State Highway 121 and Canyon Drive, Coppell, Texas. cm121410 Page 6 of 14 Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to close the Public Hearing and approve the designation of a reinvestment zone for STMicroelectronics, Inc. pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Lot 1R2, Block 1 of GTE Shared Services Center Addition (13.699 acres), located at the northeast corner of State Highway 121 and Canyon Drive, Coppell, Texas. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 16. Consider approval of an Ordinance designating STMicroelectronics, Inc., Reinvestment Zone No. 62, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Hunt moved to approve Ordinance No. 2010-1261 designating STMicroelectronics, Inc., Reinvestment Zone No. 62, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. cm121410 Page 7 of 14 17. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and STMicroelectronics, Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to Council. Action: Councilmember Franklin moved to approve Resolution No. 2010-1214.3 approving a Tax Abatement Agreement between the City of Coppell and STMicroelectronics, Inc., and authorizing the Mayor to sign. Councilmember Hunt seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 18. PUBLIC HEARING: Consider approval of Case No. PD-248-SF-18 (CH) Carter Estates, zoning change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned Development 248- Single Family-18), to establish zoning which is reflective of the existing development and lotting patterns within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt Line Road (DART ROW). Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Hinojosa-Flores moved to close the Public Hearing and approve Case No. PD-248-SF-18 (CH) Carter Estates, zoning change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned cm121410 Page 8 of 14 Development 248-Single Family-18), to establish zoning which is reflective of the existing development and lotting patterns within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt Line Road (DART ROW), subject to the Detail Site Plan and the following conditions: 1) A building or premise shall be used only for the following uses: A. Single-family dwellings, including uses permitted in the "SF-ED" district. B. Home occupation. C. Such uses as may be permitted under provisions of special use permits, section 12-30-6 of the Coppell Code of Ordinances. 2) Maximum height regulations will be 35 feet nor more than two and one-half stories high. 3) Area regulations. A. Minimum size of yards. i. Front yard: 1. 50 feet in Area 1 2. 30 feet in Area 2 3. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. ii. Side yard: 1. Ten percent of the lot width, but in no case shall the side yard for main structures be less than 20 feet in Area 1 and eight feet in Area 2. 2. A side yard adjacent to a street shall not be less than 50 feet in Area and 30 feet in Area 2. iii. Rear yard: 20 feet. 4) Minimum size of lot: Lot area, width and depths shall be as indicated on the Detail Site Plan, attached as Exhibit “A”. 5) Minimum dwelling size: 2,000 square feet, exclusive of garages, breezeways and porches. 6) Maximum lot coverage: 25 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. 7) Parking regulations: A. A minimum of two enclosed spaces shall be required to be located behind the front yard line. cm121410 Page 9 of 14 B. Garage doors shall not face any street, unless setback a minimum of 100 feet from property lines adjacent to streets. 8) Type of exterior construction: A. 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. B. 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. Councilmember Tunnell seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of Case No. PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4, a zoning change request from LI (Light Industrial) to PD-247-LI (Planned Development-247- Light Industrial), to allow site and building modifications on 4.04 acres of land located at the southwest corner of S. Coppell Road and Burns Street (815 S. Coppell Road) at the request of CRP Holdings B, LP, being represented by Mark Pross, Pross Design Group. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to continue the Public Hearing for Case No. PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4, a zoning change request from LI (Light Industrial) to PD-247-LI (Planned Development-247-Light Industrial), to allow site and building cm121410 Page 10 of 14 modifications on 4.04 acres of land located at the southwest corner of S. Coppell Road and Burns Street (815 S. Coppell Road) at the request of CRP Holdings B, LP, being represented by Mark Pross, Pross Design Group to January 11, 2011. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 20. PUBLIC HEARING: Consider approval of Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South Belt Line Road, at the request of Sam Ramsey, Lesley Properties, Ltd. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Franklin moved to continue the Public Hearing for Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to PD-237R2-HC (Planned Development-237 Revision 2- Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South Belt Line Road, at the request of Sam Ramsey, Lesley Properties, Ltd. to January 11, 2011. Councilmember Brancheau seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. cm121410 Page 11 of 14 21. PUBLIC HEARING: Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD- 237R3-HC (Planned Development-237 Revision 3-Highway Commercial), to attach a Detail Site Plan to allow a 4,900- square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive, at the request of QuikTrip, being represented by J.D. Dudley. Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Public Hearing: Mayor Stover opened the Public Hearing and advised no one signed up to speak. Action: Councilmember Tunnell moved to continue the Public Hearing for Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2- HC (Planned Development-237 Revision 2-Highway Commercial) to PD- 237R3-HC (Planned Development-237 Revision 3-Highway Commercial), to attach a Detail Site Plan to allow a 4,900-square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive, at the request of QuikTrip, being represented by J.D. Dudley to January 11, 2011. Councilmember Franklin seconded the motion; the motion carried 5-0 with Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Franklin and Hunt voting in favor of the motion. 22. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips updated Council on the construction work on Sandy Lake Road. Tree removal will begin in the next 30 days with utility relocations beginning in February. Dobecka Drive is completed and fully open. Hertz Road is under construction with cm121410 Page 12 of 14 southbound traffic permitted only. The project should be completed by the end of January. The Sidewalk In-fill project along Denton Tap Road is receiving positive feedback. It should be completed soon. The Clear Creek Lane project is 25% along and should be completed in approximately 3-4 months. Regarding future agendas, Mr. Phillips reminded Council of a Special Workshop on January 18th in the 2nd Floor Conference Room. Discussion will be on the Comprehensive Land Use Plan and Field Usage, if time permits. At the January 25th meeting, Council will consider adoption of the Comprehensive Land Use Plan. 23. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding Leadership Coppell. C. Report by Mayor Stover regarding the Holiday Food Drive. D. Report by Mayor Stover regarding the Coppell Farmers Market. E. Report by Mayor Stover regarding Garbage and Recycling Pick-Up Schedules. A. Mayor Stover and City Manager Clay Phillips attended the Metroplex Mayors’ Meeting. The guest speaker was from the North Texas Crime Commission who discussed the organization’s various committees and the Crime Stoppers program. B. Mayor Stover reminded the viewing audience to register for Leadership Coppell, a 6-session program on Coppell. The application fee is $150 and the deadline is December 31st. The program begins on February 3rd. C. Mayor Stover reported the City of Coppell is collecting non-perishable food items for donation to local area food pantries. D. Mayor Stover announced the Farmers Market will be offering a Winter Market the 2nd and 4th Saturdays January through March. E. Mayor Stover also reminded the public that the garbage and recycling pick-up schedules will not be affected by the holidays. cm121410 Page 13 of 14 24. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. There being no further business, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Christel Pettinos, City Secretary cm121410 Page 14 of 14 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING January 11, 2011 10 ✔ PUBLIC HEARING Consider approval of Case No. PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4, a zoning change request from LI (Light Industrial) to PD-247-LI (Planned Development-247-Light Industrial), to allow site and building modifications on 4.04 acres of land located at 815 S. Coppell Road. See attached letter from Mark W. Pross dated December 8, 2010, requesting postponement to January 11, 2011. See attached letter from Mark W. Pross dated November 22, 2010, appealing the Planning Commission's recommendation for denial to Council. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S RECOMMENDATION FOR DENIAL OF THIS ZONING CHANGE. On December 14, 2010, Council postponed the public hearing to the January 11, 2011 meeting (5-0). On October 21, 2010, the Planning Commission opened and continued the public hearing to the November 18, 2010, meeting. SEE CONTINUATION OF P&Z RECOMMENDED ACTIONS ON PAGE 2 @01 PD-247-LI, CCCA, L3, B4-1 AR AGENDA REQUEST NARRATIVE On November 18, 2010, the Planning Commission motioned to recommend DENIAL of this ZONING CHANGE (3-3). Commissioners Haas, Frnka and Kittrell voted in favor of denial, Commissioners Rios-Tankersley, Sangerhausen and Duncan opposed and the motion failed. The Planning Commission motioned to recommend APPROVAL (3-3). Commissioners Rios-Tankersley, Sangerhausen and Duncan voted in favor, Commissioners Haas, Frnka and Kittrell opposed. This motion failed and this item was denied due to no majority vote for approval. Staff recommends DENIAL. ITEM # 5 Page 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-247-LI, Coppell Commerce Center Addition, Lot 3, Block 4 P&Z HEARING DATE: October 21, 2010 Continued to November 18, 2010 i i Revisions to original staff report are noted in Bold-Italic C.C. HEARING DATE: November 9, 2010 December 14, 2010 STAFF REP.: Matt S. Steer, City Planner LOCATION: Southwest corner of South Coppell Road and Burns Street (815 South Coppell Road) SIZE OF AREA: 4.04 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: A zoning change to PD-247-LI (Planned Development-247-Light Industrial) to allow site and building modifications. APPLICANT: Owner: Architect: Dan Wheeler Mark Pross, CRP Holdings B, L.P. Pross Design Group, Inc. Two International Pl, 25th Floor 5310 Harvest Hill #180 Boston, Massachusetts 02110 Dallas, Texas 75230 Email: dwheeler@colonyinc.com Email: mpross@pdgarch.net Phone: (617) 235-6342 Phone: (972) 759-1400 Fax: (617) 235-6399 Fax: (972) 759-1405 HISTORY: The existing office/warehouse was constructed in 1975 prior to the adoption of the current Zoning Ordinance which has more stringent requirements than the one in effect at that time. In 1993, a minor plat was submitted for the subject lot, but was later withdrawn and never acted on by the Planning Commission. It was determined at that time the proposed 19,000-square-foot ITEM # 5 Page 2 of 7 expansion to the warehouse facility would not constitute the need for a plat. Later that year an application was filed for a 24,000- square-foot addition and subsequently constructed. A minor plat/replat was eventually approved in 1999 for the subject property and the adjacent lot to the west (Lot 2) in order to adjust the common property line 33 feet to the west. A Planned Development zoning change request was brought to the Planning and Zoning Commission on October 21, 2010. Staff recommended denial based on the premise: if the Planned Development were approved, it would legalize the nonconforming items as proposed (insufficient parking, truck loading docks abutting Burns and Coppell Roads without proper screening, insufficient landscape areas and trees, and the drive approach greater than 40 feet in width on South Coppell Road), and there would be no incentive to bring the site up to Coppell’s current development standards at a later date. The public hearing for the request was opened and continued to the November 18, 2010 meeting by the Coppell Planning and Zoning Commission on Thursday, October 21, 2010 (7-0). The Commission’s continuation was to permit the applicant to work with staff to address the following items: 1. Increasing the parking count and parking lot efficiency. 2. Showing the onsite truck circulation and maneuvering patterns. 3. Increasing the landscape areas, overstory tree count and screening of the truck courts and dock doors. TRANSPORTATION: Burns Street is a two-lane undivided roadway within 60 feet of right-of-way. South Coppell Road is a recently improved two-lane undivided collector with angled on-street parking within a 90-foot right-of-way. SURROUNDING LAND USE & ZONING: North - Old Town Addition, vacant; H (Historic) South – DART R.O.W. & Coppell Fire Administration; LI (Light Industrial) East – Villages of Old Coppell, vacant & Coppell Service Center; LI (Light Industrial) West – Office/warehouse; LI (Light Industrial) ITEM # 5 Page 3 of 7 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for light industrial/showroom uses. DISCUSSION: As mentioned in the HISTORY section, this office/warehouse was constructed in 1975 prior to the adoption of the current Zoning Ordinance which has more stringent requirements than the one in effect at that time. In 1993, a minor plat was submitted for the subject lot, but was later withdrawn and never acted on by the Planning Commission. It was determined at that time the proposed 19,000-square-foot expansion to the warehouse facility would not constitute the need for a plat. Later that year an application was filed for a 24,000-square-foot addition and subsequently constructed. A minor plat/replat was eventually approved in 1999 for the subject property and the adjacent lot to the west (Lot 2) in order to adjust the common property line 33 feet to the west. Because this building/site predates the current Zoning Ordinance, there are several nonconforming issues that would not be permitted within the development parameters of today. Staff has advised the applicant since mid-July that the site is nonconforming and the majority of the proposed changes could simply not be supported by staff. Originally, the proposal was to remove the landscape island and three Live Oak trees (ten-caliper inch, 19-caliper inch & 21-caliper inch) that separated the two drives on the south side of the Burns Street right-of-way. Also proposed was the addition of four dock doors adjacent to Burns and replacement of the declining Photenia hedge on the northeast corner with Eastern Red Cedars. Although staff was in favor of the landscape change, staff could not support the proposal to eliminate the spacing between drives and removal of the three large Live Oaks. The Subdivision Ordinance requires a minimum 90-foot spacing between drives and 40-foot maximum width for industrial drives. The proposal would have increased the drive width to 212 feet which would well exceed the maximum allowable width and would have eliminated the required separation. The four new dock doors would have added to the unsightly appearance of the truck court abutting Burns and also could not be supported. Subsequently, the applicant hired an Architect and Landscape Architect to work with staff and propose additional changes to the site to make the request more appealing. Since the architect became involved, staff’s concerns related to the driveway spacing and drive width were somewhat addressed and the proposal ITEM # 5 Page 4 of 7 included facade updates to the mid-70’s style exposed aggregate warehouse. At the northeast corner of the building, the facade is proposed to be covered with EIFS and manufactured stone, the existing canopies are proposed to be updated and painted, and the tilt wall banding and dock doors are also proposed to be painted. The remainder of the building is proposed to remain unpainted exposed aggregate panels. The parking area is to be restriped and the existing fire lane is proposed to be reconfigured to accommodate the new drive and the increased width of the island on the south side of Burns. The total number of parking spaces is inadequate. The required parking is calculated at one parking space per 300 square feet of office space and one parking space per 1,000 square feet of warehouse space. Ninety-two spaces are required, sixty-six are provided. Since the Planning & Zoning Commission Meeting, the applicant has added four additional parking spaces to the proposal, bringing the total provided to 70 spaces. The northeast parking area has been reconfigured to include a larger area for landscaping and head-in parking as opposed to a small multi-aisled parking area with no landscaping. The area on the northwest corner is also proposed to be reconfigured to include head-in parking, providing for better maneuverability. On the east side of the building adjacent to South Coppell Road, six additional parking spaces have been added and the proposed fire lane shifted slightly to the west. The looped fire lane on the north side of the site has also been shifted to the north approximately 20 feet to allow for the loading and unloading of the large trucks. The Fire Marshal has reviewed and approved these modifications. Also proposed to be updated is the landscaping. To summarize, the landscape modifications proposed are the addition of 18 overstory trees (five of which are five-caliper-inch Live Oaks), 333 shrubs, 435 ground cover plants and approximately 1,980 square feet of added landscape area. The Landscape Plan also shows two Live Oaks to be removed (16-caliper-inch & 18-caliper-inch). Although the additional landscaping is considered an improvement to the site, staff believes that this is still insignificant compared with the current requirements of today. As shown on the proposed landscape plan, a total of 63 overstory trees are required, they are providing 29 trees onsite; 7,348 square feet of landscaping is required within the parking area and they are providing 1,406 square feet; 22,895 19,895 square feet of landscape area is required for the perimeter and they are ITEM # 5 Page 5 of 7 providing 16,467 13,469 square feet; 14,608 square feet of nonvehicular open space (at least 7,304 front yard) and none is provided. In order to better outline the calculations, the applicant has added a chart to the landscape plan which represents the requirements of the Zoning Ordinance (corrected); what was previously proposed (corrected); and what is currently being proposed after the Planning and Zoning Commissions recommendation and discussions with City Staff. As shown in the chart, the applicant has increased the total landscape area provided by 12,246 square feet and included 46 additional (overstory and accent) trees from the previous submittal. There are a total of 47 overstory trees (including ten five-caliper inch Live Oaks) and 17 accent trees proposed to be planted. Proposed Landscape Table Required Previous Submittal Current Submittal Delta Perimeter Trees 38 23 38 +15 Perimeter Trees in R.O.W. (not included) --- 7 7 ----- Perimeter Landscape Area 19,895 sq. ft. 13,469 sq. ft. 15,907 sq. ft. +2,438 sq. ft. Perimeter Landscape Area in R.O.W. (not included) ---- 8,306 sq. ft. 8,306 sq. ft. ----- Interior Trees 19 6 21 +15 Interior Landscape Area 7,348 sq. ft. 1,406 sq. ft. 3,155 sq. ft. +1,749 sq. ft. Interior Landscape Islands 9 3 10 +7 Open Space (Nonvehicular) Trees 6 0 6 +6 Open Space Landscape Area (Nonvehicular) 14,608 sq. ft. 0 sq. ft. 7,517 sq. ft. +7,517 sq. ft. TOTAL LANDSCAPE AREA (R.O.W. NOT INCLUDED) 41,851 sq. ft. 14,875 sq. ft. 27,121 sq. ft. +12,246 sq. ft. TOTAL EXISTING TREES 11 overstory 4 accent 11 overstory 4 accent ----- TOTAL NEW OVERSTORY TREES 18 47 +29 TOTAL NEW ACCENT TREES -- 17 +17 TOTAL NEW SHRUBS ADDED 333 511 +178 TOTAL NEW GROUNDCOVER PLANTS ADDED 435 460 +25 ITEM # 5 Page 6 of 7 The applicant has revised the proposed hedge row in the northeast corner of the site to an undulating pattern with the added depth in landscape area gained with the parking revision mentioned above. Additional interior (parking lot) landscaping has been gained with the addition of the required landscape islands at the end of each parking row. The ingress/egress point on the southeast corner of the property has been reduced in size which results in the landscaping area south of the drive increased in its place. Although not proposing to remove the railroad spur on the south side of the building, the applicant is proposing to plant eight overstory trees in this area. Staff recommends that the landscape specification and detail sheet be followed closely when planting occurs. If modifications to this sheet are needed to accommodate the plantings in the railroad spur area, then a copy shall be provided for staff to review, if this request is approved. If approved, the requested Planned Development would essentially legalize the nonconfoming items (insufficient parking, dock doors abutting Burns and Coppell Road, insufficient landscape area and trees, and the drive approach greater than 40 feet on South Coppell Road). Staff has a great deal of concern over legalizing this particular site with the submitted plan. Staff believes the proposed screening of the truck court area is insufficient within the LI Zoning District, not to mention where this property lies in relation to the recently approved Old Town Addition plat across Burns Street and the approved Villages of Old Coppell across South Coppell Road. The deficiency of landscape area on site could be better addressed with removal of pavement and installation of landscaping. Staff also believes the building could be better updated and has advised the applicant to look at other office/warehouses in the district for ideas. All and all, staff is recommending denial of the proposal as submitted. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of PD-247-LI, Coppell Commerce Center, Lot 3, Block 4 because the Planned Development would legalize the site as proposed and there would be no incentive to bring the site up to Coppell’s current development standards at a later date. Although significant modifications have been made to the landscaping and parking areas since the initial meetings with the applicant, staff unfortunately, still cannot support this planned development zoning request to create a legal conforming site as presented and recommends DENIAL. ITEM # 5 Page 7 of 7 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. Tree Survey 3. Landscape Plan 4. Elevations 12346TREE PROTECTION FENCINGTO REMAIN DURING CONSTRUCTION, TYP.REFER TO 01/L1.00 FOR DETAILTREE PROTECTION FENCINGTO REMAIN DURING CONSTRUCTION, TYP.REFER TO 01/L1.00 FOR DETAILEXISTING SHRUBSTO REMAINEXISTING LIRIOPETO REMAINEXISTING PAVERSTO REMAINEXISTING BOULDERSTO REMAINEXISTING LIRIOPETO REMAINEXISTING SHRUBSTO REMAINEXISTING BOULDER TOBE REMOVED(2) EXISTING BOULDERSTO BE REMOVED5(2) EXISTING BOULDERS TOBE REMOVEDEXISTING PHOTINIA HEDGETO BE REMOVED(4) EXISTING CREPE MYRTLETREES TO REMAIN(3) EXISTING CREPE MYRTLESTO BE REMOVEDEXISTING CREPE MYRTLETO BE REMOVED78910111213141516171819202122232425262728293031214.749.0333 fax214.206.312811.09.1003045609015SCALE IN FEET: 1"=30'-0"TREE PRESERVATION NOTES1. EXISTING TREES TO REMAIN SHALL BE PROTECTEDDURING CONSTRUCTION FROM TREE STRUCTUREDAMAGE AND COMPACTION OF SOIL UNDER ANDAROUND DRIP LINE (CANOPY) OF TREE.2. IF ANY ROOT STRUCTURE IS DAMAGED DURINGADJACENT EXCAVATION / CONSTRUCTION, NOTIFYLANDSCAPE ARCHITECT IMMEDIATELY. IT ISRECOMMENDED THAT A LICENSED ARBORIST BESECURED FOR THE TREATMENT OF ANY POSSIBLETREE WOUNDS.3. NO DISTURBANCE OF THE SOIL GREATER THAN 4"SHALL BE LOCATED CLOSER TO THE TREE TRUNKTHAN 1/2 THE DISTANCE OF THE DRIP LINE TO THETREE TRUNK. A MINIMUM OF 75% OF THE DRIP LINEAND ROOT ZONE SHALL BE PRESERVED AT NATURALGRADE.4. ANY FINE GRADING DONE WITHIN THE CRITICAL ROOTZONES OF THE PROTECTED TREES MUST BE DONEWITH LIGHT MACHINERY SUCH AS A BOBCAT ORLIGHT TRACTOR. NO EARTH MOVING EQUIPMENTWITH TRACKS IS ALLOWED WITHIN THE CRITICALROOT ZONE OF THE TREES.5. NO MATERIALS INTENDED FOR USE IN CONSTRUCTIONOR WASTE MATERIALS ACCUMULATED DUE TOEXCAVATION OR DEMOLITION SHALL BE PLACEDWITHIN THE LIMITS OF THE DRIP LINE OF ANY TREE.6. NO EQUIPMENT MAY BE CLEANED OR TOXICSOLUTIONS, OR OTHER LIQUID CHEMICALS, SHALL BEDEPOSITED WITHIN THE LIMITS OF THE DRIP LINE OF ATREE, INCLUDING BUT NOT LIMITED TO: PAINT, OIL,SOLVENTS, ASPHALT, CONCRETE, MORTAR, PRIMERS,ETC.7. NO SIGNS, WIRES OR OTHER ATTACHMENTS, OTHERTHAN THOSE OF A PROTECTIVE NATURE, SHALL BEATTACHED TO ANY TREE.8. NO VEHICULAR / CONSTRUCTION EQUIPMENT TRAFFICOR PARKING IS ALLOWED WITHIN THE LIMITS OF THEDRIP LINE OF TREES.9. BORING OF UTILITIES MAY BE PERMITTED UNDERPROTECTED TREES IN CERTAIN CIRCUMSTANCES. THEMINIMUM LENGTH OF THE BORE SHALL BE THE WIDTHOF THE TREE'S CANOPY AND SHALL BE A MINIMUMDEPTH OF FORTY-EIGHT (48") INCHES.10. IRRIGATION TRENCHING WHICH MUST BE DONE WITHINTHE CRITICAL ROOT ZONE OF A TREE SHALL BE DUGBY HAND AND ENTER THE AREA IN A RADIAL MANNER.11. ALL TREES TO BE REMOVED FROM THE SITE SHALL BEFLAGGED BY THE CONTRACTOR WITH BRIGHT REDVINYL TAPE (3" WIDTH) WRAPPED AROUND THE MAINTRUNK AT A HEIGHT OF FOUR (4') FEET ABOVE GRADE.FLAGGING SHALL BE APPROVED BY LANDSCAPEARCHITECT PRIOR TO ANY TREE REMOVAL.CONTRACTOR SHALL CONTACT LANDSCAPEARCHITECT WITH 72 HOURS NOTICE TO SCHEDULEON-SITE MEETING.12. ALL TREES TO REMAIN, AS NOTED ON DRAWINGS,SHALL HAVE PROTECTIVE FENCING LOCATED AT THETREE'S DRIP LINE. THE PROTECTIVE FENCING MAY BECOMPRISED OF SNOW FENCING, ORANGE VINYLCONSTRUCTION FENCING, CHAIN LINK FENCE OROTHER SIMILAR FENCING WITH A FOUR (4') FOOTAPPROXIMATE HEIGHT. THE PROTECTIVE FENCINGSHALL BE LOCATED AS INDICATED ON THE TREEPROTECTION DETAIL.13. WHEN A LOW HANGING LIMB IS BROKEN DURING THECOURSE OF CONSTRUCTION, THE CONTRACTOR SHALLNOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY.UNDER NO CIRCUMSTANCE SHALL THE CONTRACTORPRUNE ANY PORTION OF THE DAMAGED TREEWITHOUT THE PRIOR APPROVAL BY THE LANDSCAPEARCHITECT.01TREE PROTECTIVE FENCINGNTSEXISTING GRADE TOREMAIN UNDISTURBEDMETAL T-POST ATEACH OF FOUR CORNERSSNOW FENCE, ORANGE VINYLCONSTRUCTION FENCE, ORCHAINLINK FENCEREFER TO PLAN FOREXISTING TREE TO REMAIN4'-0" MIN.3'-0"LIMITS OF DRIPLINEEXISTING TREETO BE REMOVEDTREE PROTECTION FENCINGTO REMAIN DURING CONSTRUCTIONREFER TO 01/L1.00EXISTING TREETO REMAINEXISTING TREE LEGENDNo. Dia. Species Status Remarks Crown Class % Live Crown(inches)(common name)1 21 Red Oak To Remain Co-Dominant 952 19 Live Oak To Remain Co-Dominant 803 28 Live Oak To Remain Co-Dominant 804 18 Red Oak To Remain Co-Dominant 855 18 Live Oak To Remain 4 - 5", 9", 5", 8" Co-Dominant 806 22 Live Oak To Remain Co-Dominant 807 16 Live Oak To Be Removed Co-Dominant 808 18 Live Oak To Be Removed Co-Dominant 809 22 Live Oak To Remain Co-Dominant 8010 13 Live Oak To Remain Co-Dominant 8011 15 Live Oak To Remain Co-Dominant 8012 16 Live Oak To Remain 2 - 10", 11" Co-Dominant 8013 13 Live Oak To Remain Co-Dominant 8014 21 Live Oak To Remain Outside Property15 19 Live Oak To Remain Outside Property16 10 Live Oak To Remain Outside Property17 17 Live Oak To Remain 2 - 10", 12", Outside Property18 13 Live Oak To Remain Outside Property19 10 Live Oak To Remain Outside Property20 23 Live Oak To Remain Outside Property21 5 Bald Cypress To Remain Outside Property22 5 Bald Cypress To Remain Outside Property23 5 Bald Cypress To Remain Outside Property24 5 Bald Cypress To Remain Outside Property25 5 Bald Cypress To Remain Outside Property26 4 Cedar Elm To Remain Outside Property27 4 Cedar Elm To Remain Outside Property28 4 Cedar Elm To Remain Outside Property29 5 Bald Cypress To Remain Outside Property30 5 Bald Cypress To Remain Outside Property31 5 Bald Cypress To Remain Outside Property239343437Total Mitigation Inches ProvidedTotal Caliper Inches on SiteTotal Caliper Inches Removed Total Caliper Inches of Protected Trees To Be RemovedTREE SURVEY FIELD DATATREE MITIGATION LEGENDGROSS RETRIBUTIONminus (-)PRESERVATION CREDITTrees Preserved On Sitedivided by (÷)Total Trees On Siteequals (=)Preservation Percentagetimes (x)Gross Retributionequals (=)PRESERVATION CREDITminus (-)LANDSCAPING CREDITequals (=)NET RETRIBUTIONtimes (x) $100.00 +32equals (=)205 cal. in.34 cal. in.37 cal. in.29 cal. in.34 cal. in.0.86239 cal. in. (3) EXISTING LIVE OAKTREES TO REMAIN(4) EXISTING LIVE OAKTREES TO REMAIN(3) EXISTINGCEDAR ELMTREES TOREMAINEXISTING SHRUBSTO REMAINEXISTING LIRIOPETO REMAINEXISTING LIRIOPETO REMAINEXISTING SHRUBSTO REMAINEXISTING LAWNTO REMAIN;REPAIR AND REPLACEAS NECESSARY, TYP.INSTALL LAWN SOLID SODBERMUDAGRASSINSTALL LAWN SOLID SODBERMUDAGRASS, TYP.EXISTING LAWNTO REMAIN24" MULCH BED ATBACK OF CURB18LOREXISTING LIVE OAKTREE TO REMAINEXISTING PAVERSTO REMAIN(4) EXISTING CREPE MYRTLETREES TO REMAIN2LO48NRS6CE11CE5KO205LIREXISTING BOULDERSTO REMAIN10KO150AJ11SY2LE11TS30MFG10TS20GM5CO20DWM10TS20GM25MFG9GM29NRS6'10'3'-0"15'-0"LANDSCAPE BUFFERLANDSCAPE BUFFERLANDSCAPEBUFFERLANDSCAPEBUFFER10'10'1CE3LEINSTALL LAWN SOLID SODBERMUDAGRASS, TYP.INSTALL LAWN SOLID SODBERMUDAGRASS, TYP.2LE2LEINSTALL LAWN SOLID SODBERMUDAGRASS, TYP.1LE1LE25'-0"36NRS3CM9GM12TS11TS16GM9KO3CM9KO56NRS9TS11KO12GM3CM1LE20TS25GM25MFG21KO8LO1LE1LE(5) EXISTINGLIVE OAK TREESTO REMAINEXISTING RED OAKTREE TO REMAIN(2) EXISTING LIVE OAKTREES TO REMAIN(2) EXISTINGLIVE OAK TREESTO REMAIN(5) EXISTINGBALD CYPRESSTREES TOREMAIN(3) EXISTINGBALD CYPRESSTREES TOREMAIN5CM25MFG16GM18TS3WM214.749.0333 fax214.206.312811.09.1003045609015SCALE IN FEET: 1"=30'-0"LANDSCAPE NOTES1. CONTRACTOR SHALL VERIFY ALL EXISTING ANDPROPOSED SITE ELEMENTS AND NOTIFY LANDSCAPEARCHITECT OF ANY DISCREPANCIES. SURVEY DATAOF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS.2. CONTRACTOR SHALL LOCATE ALL EXISTINGUNDERGROUND UTILITIES AND NOTIFY LANDSCAPEARCHITECT OF ANY CONFLICTS. CONTRACTOR SHALLEXERCISE CAUTION WHEN WORKING IN THE VICINITYOF UNDERGROUND UTILITIES.3. CONTRACTOR SHALL PROVIDE A MINIMUM 2% SLOPEAWAY FROM ALL STRUCTURES.4. CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVEFINAL CONTOURS AS INDICATED. LEAVE AREAS TORECEIVE TOPSOIL 3" BELOW FINAL FINISHED GRADE INPLANTING AREAS AND 1" BELOW FINAL FINISHEDGRADE IN LAWN AREAS.5. CONTRACTOR SHALL CROWN ALL LANDSCAPEISLANDS TO 6" HEIGHT, TYPICAL AND UNIFORMTHROUGHOUT THE SITE.6. CONTRACTOR SHALL OBTAIN LANDSCAPEARCHITECT'S APPROVAL OF FINE GRADING, CROWNS,AND BERMS PRIOR TO INSTALLING LANDSCAPE.NOTIFY LANDSCAPE ARCHITECT 72 HOURS INADVANCE TO SCHEDULE A SITE VISIT.7. ALL PLANTING BEDS AND LAWN AREAS SHALL BESEPARATED BY STEEL EDGING. NO STEEL EDGINGSHALL BE INSTALLED ADJACENT TO BUILDINGS,WALKS, OR CURBS. CUT STEEL EDGING AT 45 DEGREEANGLE WHERE IT INTERSECTS WALKS AND CURBS.8. TOP OF MULCH SHALL BE 1/2" MINIMUM BELOW THETOP OF WALKS AND CURBS.9. ALL LAWN AREAS SHALL BE SOLID SODBERMUDAGRASS, UNLESS OTHERWISE NOTED ON THEDRAWINGS.10. ALL LANDSCAPE AREAS SHALL BE 100% IRRIGATEDWITH AN UNDERGROUND AUTOMATIC IRRIGATIONSYSTEM AND SHALL INCLUDE RAIN AND FREEZESENSORS.11. CONTRACTOR SHALL PROVIDE BID PROPOSAL LISTINGUNIT PRICES FOR ALL MATERIAL PROVIDED.12. CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAININGALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS.GENERAL LAWN NOTES1. CONTRACTOR SHALL COORDINATE OPERATIONS ANDAVAILABILITY OF EXISTING TOPSOIL WITH ON-SITECONSTRUCTION MANAGER.2. CONTRACTOR SHALL LEAVE LAWN AREAS 1" BELOWFINAL FINISHED GRADE PRIOR TO TOPSOILINSTALLATION.3. CONTRACTOR SHALL FINE GRADE AREAS TO ACHIEVEFINAL CONTOURS AS INDICATED ON CIVIL PLANS.ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGEAWAY FROM BUILDINGS. PROVIDE UNIFORMROUNDING AT TOP AND BOTTOM OF SLOPES ANDOTHER BREAKS IN GRADE. CORRECT IRREGULARITIESAND AREAS WHERE WATER MAY STAND.4. ALL LAWN AREAS SHALL BE FINE GRADED, IRRIGATIONTRENCHES COMPLETELY SETTLED AND FINISH GRADEAPPROVED BY THE OWNER'S CONSTRUCTIONMANAGER OR LANDSCAPE ARCHITECT PRIOR TO LAWNINSTALLATION.5. CONTRACTOR SHALL REMOVE ALL ROCKS 3/4"DIAMETER AND LARGER, DIRT CLODS, STICKS,CONCRETE SPOILS, ETC. PRIOR TO PLACING TOPSOILAND LAWN INSTALLATION.6. CONTRACTOR SHALL PROVIDE AN ADD ALTERNATEPRICE TO INSTALL (2") TWO INCHES OF IMPORTEDTOPSOIL ON ALL LAWN AREAS IN LIEU OF USINGEXISTING TOPSOIL ON-SITE . IMPORTED TOPSOILSHALL BE NATURAL, FRIABLE SOIL FROM THE REGION,KNOWN AS BOTTOM LAND SOIL, FREE FROM LUMPS,CLAY, TOXIC SUBSTANCES, ROOTS, DEBRIS,VEGETATION, STONES, CONTAINING NO SALT ANDBLACK TO BROWN IN COLOR.7. PLANT SOD BY HAND TO COVER INDICATED AREASCOMPLETELY. ENSURE EDGES OF SOD ARE TOUCHING.TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILLVOIDS.8. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVENSURFACE, FREE FROM UNNATURAL UNDULATIONS.9. WATER SOD THOROUGHLY AS SOD OPERATIONPROGRESSES.10. IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1AND MARCH 1, OVER-SEED BERMUDAGRASS SODWITH WINTER RYEGRASS, AT A RATE OF FOUR (4)POUNDS PER ONE THOUSAND (1000) SQUARE FEET.11. CONTRACTOR SHALL MAINTAIN ALL LAWN AREASUNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUTNOT LIMITED TO: MOWING, WATERING, WEEDING,CULTIVATING, CLEANING AND REPLACING DEAD ORBARE AREAS TO KEEP PLANTS IN A VIGOROUS,HEALTHY CONDITION.12. CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OFACCEPTABLE TURF AREA AND SHALL PROVIDEREPLACEMENT FROM LOCAL SUPPLY IF NECESSARY.MAINTENANCE NOTES1. THE OWNER, TENANT AND THEIR AGENT, IF ANY,SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FORTHE MAINTENANCE OF ALL LANDSCAPE.2. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEATAND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING,WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.3. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OFTRASH, LITTER, WEEDS AND OTHER SUCH MATERIALOR PLANTS NOT PART OF THIS PLAN.4. ALL PLANT MATERIAL SHALL BE MAINTAINED IN AHEALTHY AND GROWING CONDITION AS ISAPPROPRIATE FOR THE SEASON OF THE YEAR.5. ALL PLANT MATERIAL WHICH DIES SHALL BEREPLACED WITH PLANT MATERIAL OF EQUAL ORBETTER VALUE.6. CONTRACTOR SHALL PROVIDE SEPARATE BIDPROPOSAL FOR ONE YEAR'S MAINTENANCE TO BEGINAFTER FINAL ACCEPTANCE.PRUNING AND TRIMMING NOTES1. CONTRACTOR SHALL PRUNE ALL EXISTING TREES ANDSHRUBS ON-SITE USING THE FOLLOWING GUIDELINES.2. ALL TREES AND SHRUBS SHALL BE TRIMMED SO THATNATURAL SHAPES OF THE PLANTS ARE RETAINED.3. DO NOT 'TOP' OR 'HEAD' TREES. DO NOT 'BALL' OR'SHEAR' TREES OR SHRUBS; HEDGES SHALL BEAVOIDED.4. IF BALLING OR SHEARING OF TREES OR SHRUBS HASOCCURRED IN THE PAST, DISCONTINUE THIS PRACTICEAND ALLOW PLANTS TO GROW INTO NATURAL SHAPE.5. REMOVE SUCKERS, DEAD, DYING, DISEASED, BROKENAND / OR WEAK BRANCHES FROM ALL TREES ANDSHRUBS ALONG THE MAIN TRUNK STRUCTURE ANDWITHIN THE BRANCHING AREA.6. CONTRACTOR SHALL PRUNE EXISTING DECIDUOUSHARDWOOD AND ORNAMENTAL TREES BY REMOVINGLOWER LIMBS TO RAISE THE CANOPY. THE BOTTOMOF THE CANOPY SHALL BE RAISED TO 12'-0" ABOVEGRADE FOR DECIDUOUS HARDWOOD TREES AND 8''-0"HEIGHT ABOVE GRADE FOR ORNAMENTAL TREES,WHEN POSSIBLE. THE INTEGRITY OF THE CANOPYAND STRUCTURE OF THE TREE SHALL BE MAINTAINED.DO NOT CUT OR PRUNE CENTRAL LEADERS.7. CONTRACTOR SHALL THIN THE CANOPY BYONE-FOURTH. PRUNE TREE TO EVENLY SPACEBRANCHES WITHIN THE CANOPY WHENEVER POSSIBLE.REMOVE THOSE LIMBS THAT CROSS OTHERS, DOUBLELEADERS AND THOSE THAT EXCESSIVELY EXTENDBEYOND THE NATURAL CROWN OF THE TREE.8. CONTRACTOR SHALL PROVIDE DEEP ROOT FEEDINGAND INVIGORATION OF EXISTING TREES. THIS SHALLBE ORGANIC BASED NUTRIENTS BASED FOR ROOTGROWTH AND LEAF GROWTH STIMULATION.9. SHRUBS WITHIN 8'-0" OF THE BUILDING SHALL BETRIMMED SO THAT THEY ARE NO TALLER THAN 32"HIGH, WHILE RETAINING THEIR NATURAL SHAPE. DONOT 'BALL' OR 'SHEAR' OR SHRUBS; HEDGES SHALLBE AVOIDED.10. TRIM AND EDGE GROUNDCOVER TO KEEP A CLEAN,GROOMED APPEARANCE.11. CONTRACTOR SHALL BE REQUIRED TO CHIP ALLREMOVED BRANCHES, LEAFS, ETC.LANDSCAPE TABULATIONSCITY OF COPPELL, TEXASPERIMETER LANDSCAPE1. Street Frontage: 15' landscape buffer with one (1) tree, 3" cal., per 50 l.f.2. Perimeter landscape: 10' landscape buffer along property lines with one (1) tree, 3" cal., per 50l.f.2. 30" ht. parking lot screen: hedge or berm.COPPELL ROAD - 260 l.f.Required Provided15' landscape buffer 10'-15' landscape buffer(5) trees (5) trees30" ht. screen 30" ht. hedgeBURNS STREET - 684 l.f.Required Provided Additionally Provided (in R.O.W.)15' landscape buffer 3'-25' landscape buffer(14) trees (7) existing trees (7) existing trees(7) trees30" ht. screen 30" ht. hedgeWEST PROPERTY LINE - 260 l.f.Required Provided10' landscape buffer 6'-10' landscape buffer(5) trees (5) treesSOUTH PROPERTY LINE - 676 l.f.Required Provided10' landscape buffer 10' landscape buffer(14) trees (14) treesPERIMETER LANDSCAPE AREA Additionally Provided (in R.O.W.)Provided19,895 s.f. 8,306 s.f.INTERIOR LANDSCAPE3. 10% of gross parking area to be landscape.4. One (1) tree per 400 s.f. of required landscape area.5. 12% of total number parking spaces shall be planting islands with trees.Parking Lot: 73,477 s.f.Parking Spaces: 70Required Provided7,348 s.f. (10%) 3,697 s.f. (5%)(19) tree (21) trees(14) trees(7) trees (17) ornamental trees + (4) existing ornamental trees at 3:1 substitution rate(9) islands (10) islandsOPEN SPACERequirements: 15% of lot not covered by buildings to be landscape open space. One (1) tree per2500 s.f. of open space.TOTAL LOT AREA: (Exclusive of building): 97,385 s.f.Required Provided14,608 s.f. (15%) 7,517 (8%)(6) trees (6) treesSUMMARYRequired Provided(63) trees (7) existing trees in R.O.W.(11) existing trees(47) proposed large trees(4) existing ornamental trees(17) proposed ornamental trees(86) treesPLANT LISTSYMBOL BOTANICAL NAME COMMON NAME QTY. SIZE REMARKSTREESCEUlmus crassifolia Cedar Elm 18 3" cal. container grown, 15' ht., 5' spread, 5' branching ht., matchingCMLagerstroemia indica 'Tuskegee'Crepe Myrtle 'Tuskegee' 14 30 gal. container grown, 3-5 trunk, no cross canes, 8' ht., 4' spread, matching COQuercus muehlenbergiiChinkapin Oak 5 3" cal. container grown, 15' ht., 5' spread, 5' branching ht., matchingLEUlmus parvifolia 'Sempervirens'Lacebark Elm 14 3" cal. container grown, 15' ht., 5' spread, 5' branching ht., matchingLOQuercus virginiana Live Oak 10 5" cal. container grown, 18' ht., 8' spread, 7' branching ht., matchingWMMyrica ceriferaWax Myrtle 3 6' ht. container grown, tree form, 4' spread, 3' branching ht.SHRUBS/GROUNDCOVERAJTrachelospermum asiaticumAsian Jasmine 150 4" pots container (3) 12" runners min., 12" o.c. DWMMyrica pusillaDwarf Wax Myrtle 20 5 gal. container full, 24" spread, 30" o.c.GMMuhlenbergia capillarisGulf Muhly 127 5 gal. container full, 24" o.c.KORosa hybrida 'Radtko'Double Knock Out Rose 65 5 gal. container full, 20" spread, 24" o.c. LIRLiriope muscari 'Big Blue'Liriope 'Big Blue' 205 4" pots container full, top of container, 12" o.c. LORLoropetalum chinese 'Plum Delight' Loropetalum 'Plum Delight' 18 5 gal. container full, 20" spread, 24" o.c. MFGNassella tenuissima Mexican Feathergrass 105 1 gal. container full, 18" o.c.NRSIlex spp. 'Nellie R. Stevens' Nellie R. Stevens Holly 169 10 gal. container full to base, 42" ht., 48" o.c.SYYucca recurvifoliaSoftleaf Yucca115 gal.container full, 36" o.c.TSLeucophyllum frutescens 'Green Cloud'Texas Sage 'Green Cloud' 101 5 gal. container full, 24" spread, 30" o.c. Cynodon dactylon Common Bermudagrass refer to notes NOTE: ALL TREES SHALL HAVE STRAIGHT TRUNKS AND BE MATCHING WITHIN VARIETIES. PLANT LIST IS AN AID TO BIDDERS ONLY. CONTRACTOR SHALL VERIFY ALL QUANTITIES ON PLAN. ALL HEIGHTS AND SPREADS ARE MINIMUMS. ALL PLANT MATERIAL SHALL MEET OR EXCEED REMARKS AS INDICATED.PERIMETER TREES38 trees 23 trees 38 trees +15 treesPERIMETER TREES IN R.O.W.----- 7 trees 7 trees -----PERIMETER LANDSCAPE19,895 s.f. 13,469 15,907 s.f. +2,438 s.f.PERIMETER LANDSCAPE IN R.O.W.----- 8,306 s.f. 8,306 s.f. -----INTERIOR TREES19 trees 6 trees 24 trees +18 treesINTERIOR LANDSCAPE7,348 s.f. 1,406 s.f. 3,697 s.f. +2,291. s.f.INTERIOR LANDSCAPE ISLANDS9 islands 3 islands 10 islands +7 islandsOPEN SPACE TREES6 trees 0 trees 6 trees +6 treesOPEN SPACE LANDSCAPE14,608 s.f. 0 s.f. 7,517 s.f. +7,517 s.f.TOTAL LANDSCAPE AREA27,121 s.f.TOTAL LANDSCAPE AREA IN R.O.W.8,306 s.f.TOTAL EXISTING TREES11TOTAL NEW LARGE TREES ADDED47TOTAL NEW ORNAMENTAL TREES ADDED17TOTAL TREES IN R.O.W.7TOTAL NEW SHRUBS ADDED511TOTAL NEW GROUNDCOVER PLANTS ADDED460PREVIOUS SUBMITTAL CURRENT SUBMITTAL DELTAPROPOSED LANDSCAPE TABLEREQUIRED 214.749.0333 fax214.206.312811.09.10 5. Owner and / or Landscape Architect shall inspect all plant material with requirements for genus, species, cultivar / varietysize and quality. 6. Owner and / or Landscape Architect retains the right to further inspect all plant material upon arrival to the site and during installation for size and condition of root balls and rootsystems, limbs, branching habit, insects, injuries and latentdefects. 7. Owner and / or Landscape Architect may reject unsatisfactoryor defective material at any time during the process work. Remove rejected materials immediately from the site and replacewith acceptable material at no additional cost to the Owner.Plants damaged in transit or at job site shall be rejected.1.8 PRODUCT DELIVERY, STORAGE AND HANDLING A. Preparation: 1. Balled and Burlapped (B&B) Plants: Dig and prepare shipment in a manner that will not damage roots, branches, shape and future development. 2. Container Grown Plants: Deliver plants in rigid container to hold ball shape and protect root mass. B. Delivery: 1. Deliver packaged materials in sealed containers showing weight, analysis and name of manufacturer. Protect materialsfrom deterioration during delivery and while stored on site. 2. Deliver only plant materials that can be planted in one dayunless adequate storage and watering facilities are available onjob site. 3. Protect root balls by heeling in with sawdust or other approved moisture retaining material if not planted within 24 hours of delivery. 4. Protect plants during delivery to prevent damage to root ballsor desiccation of leaves. Keep plants moist at all times. Coverall materials during transport. 5. Notify Landscape Architect of delivery schedule 72 hours in advance job site. 6. Remove rejected plant material immediately from job site. 7. To avoid damage or stress, do not lift, move, adjust to plumb,or otherwise manipulate plants by trunk or stems.PART 2 - PRODUCTS2.1 PLANTS A. General: Well-formed No. 1 grade or better nursery grown stock. Listed plant heights are from tops of root balls to nominal tops of plants. Plant spread refers to nominal outer width of the plant, not to the outer leaf tips. Plants will be individually approved by the Landscape Architect and his decision as to their acceptability shall be final. B. Quantities: The drawings and specifications are complimentary. Anything called for on one and not the other is as binding as if shown and called for on both. The plant schedule is an aid to bidders only. Confirm all quantities on plan. C. Quality and size: Plant materials shall conform to the size given on the plan, and shall be healthy, symmetrical, well-shaped, full branched and well rooted. The plants shall be free from injurious insects, diseases, injuries to the bark or roots, broken branches, objectionable disfigurements, insect eggs and larvae, and are to be of specimen quality. D. Approval: All plant materials shall be subject to approval by the Owner. All plants which are found unsuitable in growth, or are in any unhealthy, badly shaped or undersized condition will be rejected by the Landscape Architect either before or after planting and shall be removed at the expense of the Landscape Contractor and replaced with acceptable plants as specified at no additional cost to the Owner. E. Trees shall be healthy, full-branched, well-shaped and shall meet the trunk diameter and height requirements of the plant schedule. Balls shall be firm, neat, slightly tapered and well wrapped in burlap. Any tree loose in the ball or with a broken root ball at time of planting will be rejected. Balls shall be ten (10") inches in diameter for each one (1") inch of trunk diameter, measured six (6") inched above ball. (Nomenclature conforms to the customary nursery usage: for clarification, the term "multi-trunk" defines a plant having three (3) or more trunks of nearly equal diameter.) F. Pruning: All pruning of trees and shrubs, as directed by the Landscape Architect prior to final acceptance, shall be executed by the Landscape Contractor at no additional cost to the Owner.2.2 SOIL PREPARATION MATERIALS A. Sandy Loam: 1. Friable, fertile, dark, loamy soil, free of clay lumps, subsoil,stones and other extraneous material and reasonably free ofweeds and foreign grasses. Loam containing Dallasgrass orNutgrass shall be rejected.2. Physical properties as follows: Clay – between 7-27 percent Silt – between 15-25 percent Sand – less than 52 percent3. Organic matter shall be 3%-10% of total dry weight. 4. If requested, Landscape Contractor shall provide a certified soil analysis conducted by an approved soil testing laboratoryverifying that sandy loam meets the above requirements. B. Organic Material: Compost with a mixture of 80% vegetative matter and 20% animal waste. Ingredients should be a mix of course and fine textured material. C. Premixed Bedding Soil as supplied by Vital Earth Resources, Gladewater, Texas; Professional Bedding Soil as supplied by Living Earth Technology, Dallas, Texas or Acid Gro Municipal Mix as supplied by Soil Building Systems, Dallas, Texas or approved equal. D. Sharp Sand: Sharp sand must be free of seeds, soil particles and weeds. E. Mulch: Double Shredded Hardwood Mulch, partially decomposed, dark brown . Living Earth Technologies or approved equal. F. Organic Fertilizer: Fertilaid, Sustane, or Green Sense or equal as recommended for required applications. Fertilizer shall be delivered to the site in original unopened containers, each bearing the manufacturer's guaranteed statement of analysis. G. Commercial Fertilizer: 10-20-10 or similar analysis. Nitrogen source to be a minimum 50% slow release organic Nitrogen (SCU or UF) with a minimum 8% sulfur and 4% iron, plus micronutrients. H. Peat: Commercial sphagnum peat moss or partially decomposedshredded pine bark or other approved organic material.2.3 MISCELLANEOUS MATERIALS A. Steel Edging: Shall be Ryerson "Estate Curbing", 1/8" x 4" with stakes 4' on center. B. Staking Material for Shade Trees: refer to details. C. Gravel: Washed native pea gravel, graded 1 inch to 1-1/2 inch. D. Filter Fabric: 'Mirafi Mirascape' by Mirafi Construction Products available at Lone Star Products, Inc., (469) 523-0444 or approved equal. E. River Rock: 'Colorado' or native river rock, 2" - 4" dia. F. Decomposed Granite: Base material shall consist of a natural material mix of granite aggregate not to exceed 1/8" diameter in sizeand shall be composed of various stages of decomposed earth base.PART 3 - EXECUTION3.1 BED PREPARATION & FERTILIZATION A. Landscape Contractor to inspect all existing conditions and report any deficiencies to the Owner. B. All planting areas shall be conditioned as follows: 1. Prepare new planting beds by scraping away existing grass and weeds as necessary. Till existing soil to a depth of six (6") inches prior to placing compost and fertilizer. Apply fertilizer as per Manufacturer's recommendations. Add six (6") inches of compost and till into a depth of six (6") inches of the topsoil. Apply organic fertilizer such as Sustane or Green Sense at the rate of twenty (20) pounds per one thousand (1,000) square feet. 2. All planting areas shall receive a two (2") inch layer of specified mulch. 3. Backfill for tree pits shall be as follows: Use existing top soil on site (use imported topsoil as needed) free from large clumps, rocks, debris, caliche, subsoils, etc., placed in nine (9") inch layers and watered in thoroughly. C. Grass Areas: 1. Blocks of sod should be laid joint to joint (staggered joints)after fertilizing the ground first. Roll grass areas to achieve asmooth, even surface. The joints between the blocks of sodshould be filled with topsoil where they are evidently gaped open, then watered thoroughly.3.2 INSTALLATION A. Maintenance of plant materials shall begin immediately after each plant is delivered to the site and shall continue until all construction has been satisfactorily accomplished. B. Plant materials shall be delivered to the site only after the beds are prepared and areas are ready for planting. All shipments of nursery materials shall be thoroughly protected from the drying winds during transit. All plants which cannot be planted at once, after delivery to the site, shall be well protected against the possibility of drying by wind and sun. Balls of earth of B & B plants shall be kept covered with soil or other acceptable material. All plants remain the property of the Contractor until final acceptance. C. Position the trees and shrubs in their intended location as per plan. D. Notify the OWNER'S AUTHORIZED REPRESENTATIVE for inspection and approval of all positioning of plant materials. E. Excavate pits with vertical sides and horizontal bottom. Tree pits shall be large enough to permit handling and planting without injury to balls of earth or roots and shall be of such depth that,when planted and settled, the crown of the plant shall bear the same relationship to the finish grade as it did to soil surface in original place of growth. F. Shrub and tree pits shall be no less than twenty-four (24") inches wider than the lateral dimension of the earth ball and six (6") inches deeper than it's vertical dimension. Remove and haul from site all rocks and stones over three-quarter (34") inch in diameter. Plants should be thoroughly moist before removing containers. G. Dig a wide, rough sided hole exactly the same depth as the height of the ball, especially at the surface of the ground. The sides of the hole should be rough and jagged, never slick or glazed. H. Percolation Test: Fill the hole with water. If the water level does not percolate within 24 hours, the tree needs to move to another location or have drainage added. Install a PVC stand pipe per tree planting detail as approved by the Landscape Architect if the percolation test fails. I. Backfill only with 5 parts existing soil or sandy loam and 1 part bed preparation. When the hole is dug in solid rock, topsoil from the same area should not be used. Carefully settle by watering to prevent air pockets. Remove the burlap from the top 13 of the ball, as well as all nylon, plastic string and wire mesh. Container trees will usually be root bound, if so follow standard nursery practice of ‘root scoring’. J. Do not wrap trees. K. Do not over prune. L. Mulch the top of the ball. Do not plant grass all the way to the trunk of the tree. Leave the area above the top of the ball and mulch with at least two (2") inches of specified mulch. M. All plant beds and trees to be mulched with a minimum settled thickness of two (2") inches over the entire bed or pit. N. Obstruction below ground: In the event that rock, or underground construction work or obstructions are encountered in any plant pit excavation work to be done under this section, alternate locations may be selected by the Owner. Where locations cannot be changed, the obstructions shall be removed to a depth of not less than three (3') feet below grade and no less than six (6") inches below the bottom of ball when plant is properly set at the required grade. The work of this section shall include the removal from the site of such rock or underground obstructions encountered at the cost of the Landscape Contractor. O. Trees and large shrubs shall be staked as site conditions require. Position stakes to secure trees against seasonal prevailing winds. P. Pruning and Mulching: Pruning shall be directed by the Landscape Architect and shall be pruned in accordance with standard horticultural practice following Fine Pruning, Class I pruning standards provided by the National Arborist Association. 1. Dead wood, suckers, broken and badly bruised branches shall be removed. General tipping of the branches is not permitted. Do not cut terminal branches. 2. Pruning shall be done with clean, sharp tools. 3. Immediately after planting operations are completed, all tree pits shall be covered with a layer of organic material two (2") inches in depth. This limit of the organic material for trees shall be the diameter of the plant pit. Q. Steel Curbing Installation: 1. Curbing shall be aligned as indicated on plans. Stake out limits of steel curbing and obtain Owners approval prior to installation 2. All steel curbing shall be free of kinks and abrupt bends. 3. Top of curbing shall be 12" maximum height above final finished grade. 4. Stakes are to be installed on the planting bed side of the curbing, as opposed to the grass side. 5. Do not install steel edging along sidewalks or curbs. 6. Cut steel edging at 45 degree angle where edging meets sidewalks or curbs.3.3 CLEANUP AND ACCEPTANCE Cleanup: During the work, the premises shall be kept neat and orderly at all times. Storage areas for all materials shall be so organized so that they, too, are neat and orderly. All trash and debris shall be removed from the site as work progresses. Keep paved areas clean by sweeping or hosing them at end of each work day.END OF SECTIONSECTION 02900 - LANDSCAPEPART 1 - GENERAL1.1 REFERENCED DOCUMENTS Refer to Landscape Plans, notes, details, bidding requirements, special provisions, and schedules for additional requirements.1.2 DESCRIPTION OF WORK Work included: Furnish all supervision, labor, materials, services, equipment and appliances required to complete the work covered in conjunction with the landscaping covered in these specifications and landscaping plans, including: 1. Planting (trees, shrubs and grasses) 2. Bed preparation and fertilization 3. Notification of sources 4. Water and maintenance until final acceptance 5. Guarantee1.3 REFERENCE STANDARDS A. American Standard for Nursery Stock published by American Association of Nurserymen: 27 October 1980, Edition; by American National Standards Institute, Inc. (Z60.1) – plant material B. American Joint Committee on Horticultural Nomenclature: 1942 Edition of Standardized Plant Names. C. Texas Association of Nurserymen, Grades and Standards D. Hortis Third, 1976 - Cornell University1.4 NOTIFICATION OF SOURCES AND SUBMITTALS A. Samples: Provide representative quantities of sandy loam soil, mulch, bed mix material, gravel and crushed stone. Samples shall be approved by Landscape Architect before use on the project.1.5 JOB CONDITIONS A. General Contractor to complete the following punch list: Prior to Landscape Contractor initiating any portion of landscape installation, General Contractor shall leave planting bed areas three (3") inches below final finish grade of sidewalks, drives and curbs as shown on the drawings. All lawn areas to receive solid sod shall be left one (1") inch below the final finish grade of sidewalks, drives and curbs. All construction debris shall be removed prior to Landscape Contractor beginning any work. B. Storage of materials and equipment at the job site will be at the risk of the Landscape Contractor. The Owner cannot be held responsible for theft or damage.1.6 MAINTENANCE AND GUARANTEE A. Maintenance: 1. The Landscape Contractor shall be held responsible for the maintenance of all work from the time of planting until final acceptance by the Owner. No trees, shrubs, groundcover or grass will be accepted unless they show healthy growth and satisfactory foliage conditions. 2. Maintenance shall include watering of trees and plants, cultivation, weeding spraying, edging, pruning of trees, mowing of grass, cleaning up and all other work necessary of maintenance. 3. A written notice requesting final inspection and acceptance should be submitted to the Owner at least seven (7) days prior to completion. An on-site inspection by the Owner and Landscape Contractor will be completed prior to written acceptance. B. Guarantee: 1. Trees, shrubs and groundcover shall be guaranteed for atwelve (12) month period after final acceptance. The Contractor shall replace all dead materials as soon as weatherpermits and upon notification of the Owner. Plants, includingtrees, which have partially died so that shape, size, or symmetry has been damaged, shall be considered subject toreplacement. In such cases, the opinion of the Owner shallbe final. a. Plants used for replacement shall be of the same size and kind as those originally planted and shall be planted as originally specified. All work, including materials, labor and equipment used in replacements, shall carry a twelve (12) month guarantee. Any damage, including ruts in lawn or bed areas, incurred as a result of making replacements shall be immediately repaired. b. At the direction of the Owner, plants may be replaced at the start of the next year's planting season. In such cases, dead plants shall be removed from the premises immediately. c. When plant replacements are made, plants, soil mix, fertilizer and mulch are to be utilized as originally specified and re-inspected for full compliance with the contract requirements. All replacements are to be included under "Work" of this section. 2. The Owner agrees that for the guarantee to be effective, he will water plants at least twice a week during dry periods and cultivate beds once a month after final acceptance. 3. The above guarantee shall not apply where plants die after acceptance because of injury from storms, hail, freeze, insects, diseases, injury by humans, machines or theft. 4. Acceptance for all landscape work shall be given after final inspection by the Owner provided the job is in a complete, undamaged condition and there is a stand of grass in all lawn areas. At that time, the Owner will assume maintenance on the accepted work. C. Repairs: Any necessary repairs under the Guarantee must be made within ten (10) days after receiving notice, weather permitting.In the event the Landscape Contractor does not make repairs accordingly, the Owner, without further notice to Contractor, mayprovide materials and men to make such repairs at the expense tothe Landscape Contractor.1.7 QUALITY ASSURANCE A. General: Comply with applicable federal, state, county and localregulations governing landscape materials and work B. Personnel: Employ only experienced personnel who are familiarwith the required work. Provide full time supervision by a qualifiedforeman acceptable to Landscape Architect. C. Selection of Plant Material: 1. Make contact with suppliers immediately upon obtaining notice of contract acceptance to select and book materials. Develop a program of maintenance (pruning and fertilization) which will ensure the purchased materials will meet and / or exceed project specifications. 2. Substitutions: Do not make plant material substitutions. If the specified landscape material is not obtainable, submit proof of non-availability to Landscape Architect, together withproposal for use of equivalent material. At the time bids aresubmitted, the Contractor is assumed to have located the materials necessary to complete the job as specified. 3. Landscape Architect will provide a key identifying each treelocation on site. Written verification will be required to document material selection, source and delivery schedules to site. 4. Measurements: Measure trees with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements six inches above ground for trees up to and including 4" caliper size, and twelveinches above ground for larger sizes. Measure main body of allplant material of height and spread dimensions, do not measurefrom branch or root tip-to-tip.TREE PLANTING DETAIL LEGENDA. TREE: TREES SHALL CONFORM WITHLATEST AMERICAN STANDARD FORNURSERY STOCK. www.anla.orgB. TREE PIT: WIDTH TO BE AT LEAST TWO(2) TIMES THE DIAMETER OF THE ROOTBALL CENTER TREE IN HOLE & RESTROOT BALL ON UNDISTURBED NATIVESOIL.C. ROOT BALL: REMOVE TOP 13 BURLAPAND ANY OTHER FOREIGN OBJECT;CONTAINER GROWN STOCK TO BEINSPECTED FOR GIRDLING ROOTS.**D. ROOT FLARE: ENSURE THAT ROOTFLARE IS EXPOSED**, FREE FROMMULCH, AND AT LEAST TWO INCHESABOVE GRADE.E. BACKFILL: USE EXISTING NATIVE SOIL(no amendments) WATER THOROUGHLYTO ELIMINATE AIR POCKETS.F. FUNGI: APPLY DIVERSE ARRAYMYCORRHIZAE ENDO/ECTOINOCULANT;** APPLICATION RATE PERMANUFACTURERS SPECIFICATIONS.G. MULCH: DOUBLE SHREDDEDHARDWOOD MULCH 2 INCH DEPTH W/2" HT. WATERING RING; ENSURE THATROOT FLARE IS EXPOSED.H. VERTICAL STAKES: 2in. by 2in.UNTREATED #1 LUMBER LENGTH OFVERTICAL STAKES TO EXTEND 1 12TIMES THE HEIGHT OF ROOT BALL.**I. LATERAL SUPPORT: 2in. by 2in.UNTREATED #1 LUMBER.LENGTH OF LATERAL SUPPORTS TO BE1 12 TIMES DIAMETER OF ROOT BALL.J. FASTENERS: 2-12in. COARSE THREADUNFINISHED DRYWALL SCREWS,(2) each PER VERTICAL STAKE;(8) TOTAL. NOTE: PRE-DRILL HOLES INLATERALS & VERTICALS.TREE PLANTING NOTES1. GIRDLING ROOTS & ROOT FLARE: TREESSHALL BE REJECTED WHEN GIRDLINGROOTS ARE PRESENT & ROOT FLARE ISNOT APPARENT.2. FUNGI INOCULANT: CONTRACTOR TOUSE MycoApply Endo/Ecto OR EQUALPRODUCT.(1.866.476.7800) www.mycoapply.com3. INSTALL VERTICAL STAKES FIRST; THENPRE-DRILL & INSTALL LATERALSUPPORTS.4. WHEN CONDITIONS EXIST WHICHPREVENT VERTICAL STAKES FROMEXTENDING 1 12 TIMES INTO PARENTMATERIAL (ie. rock), THE CONTRACTORSHALL INSTALL STAKES AS DEEP ASPOSSIBLE.5. LATERAL SUPPORTS SHALL BEORIENTED AS SHOWN IN PLAN VIEW.(shown left)6. QUESTIONS ABOUT INSTALLATION ORFABRICATION OF BELOW-GROUNDSTAKING SHALL BE DIRECTED TOLANDSCAPE ARCHITECT.7. ALSO REFERENCE SPECIFICATIONSSECTION 02900.A.I.C.B.G.E.F.PLAN VIEWJ.H.I.H.D.YX01TREE PLANTING DETAIL02SHRUB / GROUNDCOVER DETAIL WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING January 11, 2011 11 ✔ PUBLIC HEARING Consider approval of Case No. PD-237R2-HC, Lesley Retail, a zoning change request from A (Agriculture) to PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development on 28.14 acres of land located at the northeast corner of Hackberry Drive and South Belt Line Road. See attached letter from Todd Jones dated December 9, 2010, requesting postponement to January 11, 2011. See attached letter from Todd Jones dated November 19, 2010, appealing the Planning Commission's recommendation for denial to Council. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S RECOMMENDATION FOR DENIAL OF THIS ZONING CHANGE. On December 14, 2010, Council postponed the public hearing to the January 11, 2011 meeting (5-0). On November 18, 2010, the Planning Commission unanimously recommended denial of this ZONING CHANGE (6-0). Commissioners Rios-Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends DENIAL. @02 PD-237R2-HC, LR-1 AR ITEM # 6 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-237R2-HC, Lesley Retail P&Z HEARING DATE: November 18, 2010 C.C. HEARING DATE: December 14, 2010 STAFF REP.: Matt Steer, City Planner LOCATION: NEC of Hackberry Drive and South Belt Line Road SIZE OF AREA: 28.14 acres of property CURRENT ZONING: A (Agriculture) REQUEST: A zoning change to PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial), to attach a Concept Site Plan for hotel, office and retail development. APPLICANT: Owner: Architect: Lone Star Realty Advisors O’Brien & Associates, Inc. Todd Jones Richard Nordyke 5605 N. MacArthur, 10th floor 5310 Harvest Hill Rd, Ste. 136 Irving, TX 75038 Dallas, TX 75230 Phone: (972) 819-3965 Phone: (972) 788-1010 Fax: (972) 819-3644 Fax: (972) 788-4828 HISTORY: On October 14, 2008, a Preliminary Plat was approved for 28.14 acres of property (including the right-of-way for Dividend Drive) located on the east side of South Belt Line Road, and has since expired. A final plat for East Dividend Drive was approved concurrent with the preliminary plat and filed for record in April 2009. A new Preliminary Plat, Final Plat and appropriate zoning will be required prior to any development of the 28.14 acres (excluding East Dividend Drive) along the east side of S Belt Line Road. In June 2010, the Planning & Zoning ITEM # 6 Page 2 of 5 Commission denied (5-1) a QuikTrip convenience store/gas station on a portion of this site. TRANSPORTATION: South Belt Line Road is a P6D, major thoroughfare built to standard in a l20-foot right-of-way. SURROUNDING LAND USE & ZONING: North – vacant; City of Dallas South – vacant; City of Irving East – vacant; City of Dallas West – vacant, office and vacant; PD-222-LI (Planned Development-222-Light Industrial), PD-221R-HC (Planned Development-221-Revised-Highway Commercial), and PD-221R3-HC (Planned Development-221-Revision 3-Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for freeway office uses. DISCUSSION: At the June 2010 Planning and Zoning Commission, during the discussion related to the QuikTrip proposal, questions were raised by the Commission as to how the 28 acres could conceptually be developed at this highly trafficked, major entry into the city and how the city would be branded to the motorist at this first impression point. The tone being set without an overall plan could potentially lead to gas station related uses (car washes, oil change facilities, auto parts stores, etc…), and the Commission wanted some assurance that the proposed uses are acceptable at the entry. Therefore, the applicant hired an architect and drafted this proposal for your review. The purpose of a conceptual planned development is to establish land use, access, circulation patterns, architectural compatibility and uniformity throughout a project. This proposal establishes these items and also flushes out other issues associated with lot design. Land Use: There is a mix of uses proposed, ranging from office, retail, and restaurant uses to a gas station and hotel use. There are a total of ten small scale office buildings averaging 5,500 square feet on Lots 6 and 7. There is a large one-story office (51,000 square feet) and a two-story retail/office building (27,700 square feet) proposed on Lots 1 and 10, respectively. A six- story, 131-room hotel is depicted with an 11,700 square-foot ITEM # 6 Page 3 of 5 footprint on Lot 4. There are four retail/restaurant buildings proposed directly abutting South Belt Line Road that range in size from 9,800 square feet to 11,200 square feet on Lots 3 and 5, respectively. Access/Circulation Patterns: South of Dividend, circulation and accessibility for the site are good. The applicant is proposing a shared drive to run south from Dividend Drive to the 51,000 square foot one-story office site serving as access to Lots 4, 6 and 7. There are two east/west shared drives providing Lots 1 – 6 direct access to South Belt Line Road. The circulation patterns between lots 9, 10 and 11 north of Dividend Drive are acceptable. Lot 9 is the only one of the three having direct access to South Belt Line Road. Lot 11 would use this same point of ingress/egress. The majority of the access from Lot 10 would be via East Dividend Drive. Staff is recommending that the common drives be labeled as future mutual access easements. Signage/Architectural Compatibility: Within the requested planned development, a proposal for single and multitenant signs have been included. There are a total of seven brick/stone monuments proposed along South Belt Line Road. There are several technical issues associated with the monument signs: 1. The sizes are too big. They should be reduced to 40 square feet (4’ x 10’) on lots less than two acres and 60 square feet (6’ x 10’) on lots larger than two acres; 2. The location shall be no closer than 75 feet between internal property lines; and 3. QT has included a monument sign on the detail planned development submittal that does not match this proposal. The purpose of including these on the elevation sheet is to ensure uniformity throughout the entire site. Staff’s recommendation would be to use these as a template, once the size has been revised. The typical building elevations for the retail and office uses have been submitted to give an idea of material type and style proposed and a note has been included on the site plan indicating that the proposed site shall be architecturally compatible with materials as well as style. The materials from these elevations do not match that of the detailed planned development of QT. The applicant needs to resolve this issue if approved. ITEM # 6 Page 4 of 5 PD Conditions and Site Planning Issues: Both staff and the applicant agree that the individual sites can be better laid out, but understand that this is a conceptual plan only, and staff will have the ability to make recommendations in the lot layout and design when an end user and detailed Planned Developments are proposed. The applicant has included notes at the bottom right of the plan that state: 1. The development will comply with City of Coppell landscaping regulations; 2. A property owners association will be formed for the maintenance of shared drives and utilities; and, 3. The proposed site will be architecturally compatible with materials as well as style. The Planned Development conditions are outlined specific for each lot at the top left corner of the plan. Several lots are located without public road frontage which will require an exception to the Subdivision Ordinance and this is listed as a PD Condition. There is greater than the allotted 50% of required parking located in the front of some of the buildings which is a violation of the HC District base zoning being requested and this should also be listed as a PD Condition on Lots 5, 9 and 11. The applicant is requesting an exception to the landscape area requirements for both Lots 10 and 11. Regarding Lot 10, staff feels that the granting of a variance for the landscaping is unwarranted and the applicant can simply reduce the proposed building size and contribute the gained area toward landscaping. Because this is only a Concept Plan, these suggested alterations should be easily accommodated by the applicant. On Lot 11, it is obvious the proposed landscape area is substantially deficient; therefore, staff did a rough analysis to determine if this is a reasonable request. Lot 11 is approximately 21,950 square feet in size with a proposed 1,800-square-foot restaurant. The total landscaping required is 8,500 square feet (approximately 5,100 square feet perimeter, 3,000 square feet nonvehicular, and approximately 400 square feet interior). The proposed landscaping for this lot is as shown, roughly calculated to be 5,860 square feet, a 31% reduction. Even if the building were deleted and converted to landscaping the site would still be deficient in landscape area. Since the initial submittal, staff warned the developer that this lot could potentially be left undevelopable and we can not recommend granting approval of this self-imposed hardship. The applicant wishes that this plan be ultimately denied at the ITEM # 6 Page 5 of 5 City Council if case PD-237R3-HC (Planned Development – 237 Revision 3 – Highway Commercial) is denied. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of the proposed conceptual plan due to the inclusion of a gas station/convenience store use component, the inconsistencies in the PD plan, and the unresolved issues associated with Lot 11. 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. Conceptual Plan 2. Elevations & Monument Sign Details WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING January 11, 2011 12 ✔ PUBLIC HEARING Consider approval of Case No. PD-237R3-HC, QuikTrip, a zoning change request from PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) to PD-237R3-HC (Planned Development-237 Revision 3-Highway Commercial), to attach a Detail Site Plan to allow a 4,900-square-foot convenience store with eight gas pump islands on 2.03 acres of land located at the northeast corner of South Belt Line Road and the proposed extension of Dividend Drive. See attached letter from JD Dudley dated December 8, 2010, requesting postponement to January 11, 2011. See attached letter from JD Dudley dated November 22, 2010, appealing the Planning Commission's recommendation for denial to Council. A 3/4 VOTE OF COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE PLANNING COMMISSION'S RECOMMENDATION FOR DENIAL OF THIS ZONING CHANGE. On December 14, 2010, Council postponed the public hearing to the January 11, 2011 meeting (5-0). On November 18, 2010, the Planning Commission recommended denial of this ZONING CHANGE (4-2). Commissioners Haas, Frnka, Duncan and Kittrell voted in favor, Commissioners Rios-Tankersley and Sangerhausen opposed. Staff recommends DENIAL. @03 PD-237R3-HC, QT-1 AR ITEM # 7 Page 1 of 7 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-237R3-HC. QuikTrip P&Z HEARING DATE: November 18, 2010 C.C. HEARING DATE: December 14, 2010 STAFF REP.: Matt S. Steer, City Planner LOCATION: Northeast corner of South Belt Line Road and the proposed extension of East Dividend Drive. SIZE OF AREA: 2.03 acres of property CURRENT ZONING: A (Agricultural); PD-237R2-HC (Planned Development-237 Revision 2-Highway Commercial) if Conceptual Planned Development is approved for the lager tract REQUEST: A zoning change to PD-237R3-HC (Planned Development-237 Revision 3-Highway Commercial), to attach a detail site plan to allow a 4,900-square-foot convenience store with eight gas pump islands (16 pumps). APPLICANT: Applicant: Landscape Architect: JD Dudley Mike Ramsey QuikTrip Ramsey Landscape Architects 1120 N Industrial Blvd. 11914 Wishing Well Ct. Euless, Texas 76039 Frisco, Texas 75035 Phone: (817) 786-3187 Phone: (972) 335-0889 Fax: (918) 615-7059 Fax: (469) 362-5433 jdudley@quiktrip.com mike.rla@att.net ITEM # 7 Page 2 of 7 Engineer: Cheralyn Armijo Glenn Engineering 105 Decker Ct., Suite 910 Irving, Texas 75062 Phone: (972) 717-5151 Fax (972) 717-2176 cmarmijo@glennengineering.com HISTORY: On October 14, 2008, a Preliminary Plat was approved for 28.14 acres of property (including the right-of-way for Dividend Drive) located on the east side of South Belt Line Road, and has since expired. A final plat for East Dividend Drive was approved concurrent with the preliminary plat and filed for record in April 2009. A new Preliminary Plat, Final Plat and appropriate zoning will be required prior to any development of the 28.14 acres (excluding East Dividend Drive) along the east side of S Belt Line Road. In June 2010, the Planning & Zoning Commission denied (5-1) a QuikTrip convenience store/gas station at this location. TRANSPORTATION: South Beltline Road is a P6D, major thoroughfare built to standard in l20-foot right-of-way. East Dividend Drive is planned to be a four-lane divided roadway within 90 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – vacant; A (Agricultural) South – vacant; A (Agricultural) East – vacant; A (Agricultural) West – vacant; PD-221R3-HC (Planned Development-221- Revision 3- Highway Commercial) COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan of May 1996, as amended, shows the property as suitable for freeway office uses. DISCUSSION: This is the first Detail Planned Development proposal out of a larger tract of land approximately 28.14 acres in size located on the east side of South Beltline Road, north of the proposed extension of East Dividend Drive. A 4,900-square-foot convenience store and a 7,100- ITEM # 7 Page 3 of 7 square-foot canopy with eight gas pump islands (16 total pumps) are proposed. The stated hours of operation are 24 hours a day, seven days a week. As mentioned in the HISTORY section, East Dividend Drive was final platted in 2008 establishing the 90-foot right-of-way for the construction of a four-lane divided roadway. A temporary turnaround at the city limit line has been approved and recorded with the county. This road is envisioned to eventually be extended into the Cypress Waters Development within the North Lake Property (City of Dallas). This property is part of a larger tract of 28.14 acres which is currently proposed to be rezoned to a Conceptual Planned Development with the base zoning Highway Commercial. Typically, a special use permit would be required for a gas station or convenience store use, but because the applicant is requesting numerous exceptions to the Zoning Ordinance, they decided to request the variances and approval of the land use within a Detailed Planned Development. According to the Zoning Ordinance: “The “HC” highway commercial district is intended primarily as a high intensity area permitting a mixed-use for office, commercial-retail, and highway oriented uses, such as hotels, restaurants, and low and mid-rise offices, and should be located generally along high-volume thoroughfares. The site characteristics for each area should be designed in a manner to create an attractive appearance from I.H. 635 and S.H. 121, and an impressive gateway into the community. Because these areas are designated as major thoroughfare entry points, emphasis has been placed on building arrangement, setbacks, parking, and landscape treatment, which are intended to be elements influencing the character of entrance into the city. It is the intention of the “highway commercial” zoning district to create an attractive and unique entrance into the city.” This planned development request was initially reviewed based on the “impressive gateway” premise of the HC District, and staff does not feel that a large scale gas station compliments this vision. A similar proposal was denied in 2008 for a RaceTrac gas station/c-store proposal just south of this site on the west side of South Belt Line Road. Staff was strongly opposed to the land use, consistent with the recommendation for this proposal. QuikTrip originally submitted a proposal in December 2008. They first postponed the request to the January 2009 Planning and Zoning Commission Meeting and then eventually submitted a letter withdrawing the case. They stated that the decision was made after several meetings with city staff and their consultants, realizing that the use would not be supported even if all ITEM # 7 Page 4 of 7 site plan and building articulation requirements were met. Later, the applicant enlarged the property to meet the area requirements of the Landscape Section of the Zoning Ordinance and submitted a proposal that was denied (5-1) by the Commission in June 2010. After the denial, the applicant again met several times with City Staff to determine whether or not to pursue an appeal to the City Council. It was eventually decided by the applicant not to appeal that request to Council and to bring a new request (current application) back through the entire process concurrent with the Conceptual Plan. The applicant has requested that City Council approval of the Conceptual Plan be contingent upon Council approval of this detail plan. During the last submittal, a point of contention for staff was that the detailed planned development for the gas station was submitted without a conceptual plan. The conceptual plan has been submitted and establishes accessibility, circulation patterns, utilities, signage and architectural compatibility for the entire tract. This plan also flushed out one issue staff anticipated - the northern tract is essentially undevelopable within the development parameters of today. Further issues associated with the Conceptual Plan are outlined in the respective staff report. In several of the meetings with the applicant, a comment related to reorienting the gas canopy and c-store on site was suggested by staff. Staff’s rationale for the reorientation was to enhance the site to be more in line with the “Gateway” premise of the HC District. If reoriented, the gas canopy would not be fronting on Belt Line Road (either the side of the canopy, or the c-store would front Belt Line) and it would be less obtrusive at this major entry into Coppell. QuikTrip has offered little change to the initial building configuration, but to their credit, they have made substantial modifications to the landscape plan and a couple of material “upgrades” to the elevations from the initial submittal. Staff has reviewed the QT plans several times, each subsequent time on a technical basis as if the land use and unsightliness weren’t issues, to clear up the majority of the comments and drafting revisions needed. The site planning issues not specifically related to land use are outlined below. Site Plan: The site plan shows the 4,900-square-foot convenience store located toward the east side of the site which is dwarfed by a 7,129-square- foot gas canopy in front on the west side. Parking: ITEM # 7 Page 5 of 7 Within the proposed Highway Commercial base zoning, no more than 50% of the required parking can be located in the front of the building. This requirement is specific to the HC District in order to create a better appearance from the adjacent thoroughfares. This proposal is not meeting this requirement, as there are a total of 25 parking spaces required; and 38 are proposed with 18 of those spaces (>50% of the required) in the front yard. This does not include the parking and paved area adjacent to the gas pumps, which wasn’t envisioned when creating the HC Section of the Zoning Ordinance. To overcome this zoning violation, the applicant has included this as a PD condition. If the applicant reconfigures the site as recommended by staff (reorienting the building closer to Belt Line Road with the eight gas pump islands either to the side or the rear), this would eliminate the need for the variance. It has been recommended that a three-foot hedge on a three-foot berm (six feet total) be used to screen the parking lot and gas pumps from Belt Line. The applicant has added a one-foot bermed Needle Point Holly hedge (four feet total), but staff is continuing to recommend a three-foot berm, as the use is undesirable at this location and should be sufficiently screened, if permitted. Landscaping: The required landscape areas have been provided. Since the initial submittal in December 2008, the applicant extended the property 50 feet to the north, creating additional area for landscaping. The applicant is providing Cedar Elms along South Belt Line (Primary Image Zone) and Crepe Myrtles planted in groupings at the entry points, meeting the minimum requirements of the Streetscape Ordinance. The HC District calls for a landscape treatment to “influence the character of the entrance into the city.” Even though the minimum requirements of the Landscape Section of the ordinance have been met, an expansive amount of pavement with gas pumps and parking is not what was envisioned for this important gateway. Staff requested that the landscape area be redistributed on site, as the northern end is not where the landscaping is needed. It is most needed on the southwest corner of the site at the intersection to better buffer the undesirable use at the gateway to the community. Also, staff requested a landscape island at the end of the gas canopy to soften the appearance and break up the vast expanse of pavement. Neither of these requests were adequately addressed. Elevations and Signage: The convenience store building façade is a slightly altered prototypical QT design, and does not fit with the character of recent retail development in Coppell subjected to the same regulations. To the applicants’ credit, they have removed the “QT button signs”, and have ITEM # 7 Page 6 of 7 added stone columns and a mansard roof since the initial submittal. There are two signs proposed – one on the front facade and a smaller one on the rear entry. The signage was originally proposed on large red plastic awnings which were not permitted for two reasons, color and material. They have since removed the awnings from the proposal. The building signage consists of white channel letters and the front and rear elevation. The signage on the c-store shall conform to the requirements of the Zoning Ordinance in terms of permissible size (if approved). In an attempt to combat the unsightliness of the gas canopy, staff recommended that a standing seam roof be added. The applicant complied with this request, but did it incorrect architecturally. The canopy roof should extend beyond the fascia and the fascia should be narrowed. The applicant has removed the red striping from the last proposal, but insists that the can sign is needed and will not remove it from the proposal. Can signs and signs placed on the gas canopy are strictly prohibited within the Sign Section of the Zoning Ordinance, and the applicant has listed this as yet another PD condition. A 60-square foot externally illuminated monument sign is proposed at the corner of Dividend and S Belt Line Roads to be constructed of brown brick and interchangeable price plates. Summary: The applicant is requesting the following PD Conditions: 1. Gas station and c-store land use. 2. Greater than 50% of the required parking is located in the front yard. 3. Can sign located on the gas canopy. Since the initial inquiry, the applicant has been informed over and over that staff would not support this land use at this location. Within the Comprehensive Plan of 1996, as amended, the future land use planned for this property is freeway office, which is defined as an area permitting medium-to-large scale development of office parks, corporate offices, and office lease space. A gas station does not fall within that definition. If for some reason this land use is deemed acceptable, we would need a completely different plan with the structures reoriented – the main structure closer to Belt Line Road with the gas canopy to the side or rear of the site for a more attractive appearance. Staff still is unable to support this plan, and recommends denial based on: 1. It being the wrong land use for this location; 2. The HC District calls for an attractive appearance from IH 635 and an impressive and unique gateway/entrance into the community ITEM # 7 Page 7 of 7 placing emphasis on building arrangement, setbacks, parking, and special landscape treatment and this proposal is not unique and creates and unsightly appearance at the gateway to the community with no consideration being given to alter the gas canopy and building orientation; 3. A request from the same applicant (QT) at the same location was denied (5-1) in June 2010 (only minor modifications made to signage, landscaping and elevations since last proposal); 4. A very similar gas station proposal (RaceTrac) was recently denied across the street; 5. An expansive amount of paved area; 6. Proposed visual clutter including but not limited to nonconforming signage, bright red pump colors and tops and a bright red metal canopy on the front elevation; and finally 7. Uses related to gas station might follow if this is approved (i.e. car parts stores, vehicle repair shops, car washes, etc…) RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of this request due to the land use, site design and overall appearance not being compatible with what was envisioned for this location. 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: Site Plan Landscape Plan/Tree Survey Elevations (4 pages) Floor Plan (11” x 17”) Monument Sign Exhibit (8 ½” x 11”) 6ƒ ( 6ƒ : 1ƒ : 1ƒ ( S. BELTLINE ROAD120' R.O.W.6ƒ ( 21.21' DIVIDEND DRIVE (BY OTHERS) 90' R.O.W. DOC. NO. 20070240528 QuikTrip Store No. :969SOUTH BELTLINE ROAD & DIVIDEND ROADCOPPELL, TXSITE PLAN 20 10 0 20 40 L.B.J. F R E E W A Y Hackberry DrHorizon Way W. Royal LnRegent B l vd Rege n t B l v dL.B .J . FREEWAYS. Belt Line RdSITE North Lake North Lake LOCATION MAP SCALE: NTS APD Dividend Dr LI 6ƒ ( 6ƒ : 1ƒ : 1ƒ ( S. BELTLINE ROAD120' R.O.W.6ƒ ( 21.21' DIVIDEND DRIVE (BY OTHERS) 90' R.O.W. DOC. NO. 20070240528 QuikTrip Store No. :969SOUTH BELTLINE ROAD & DIVIDEND ROADCOPPELL, TXLANDSCAPE PLAN AND TREE SURVEY 20 10 0 20 40 PHONE (972) 335-0889 FRISCO, TEXAS 75035 11914 WISHING WELL CT. Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX Presentation Exhibit 5000RE QuikTrip StoreBuilding Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Building 0969BEL00-08 - CAD.dwg, 8.5x11, 11/3/2010 9:29:30 AM, jkim Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX Presentation Exhibit 5000RE QuikTrip StoreBuilding Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Building 0969BEL00-08.dwg, 8.5x11, 11/3/2010 9:29:51 AM, jkim AirFree Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX Presentation Exhibit DS10 Gas CanopyGas Canopy Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Gas Canopy 0969GEL00-06 - CAD.dwg, 8.5x11, 11/2/2010 5:44:51 PM, jkim Street: City, State:QuikTrip Store No. :969 Beltline & Dividend Coppell, TX Presentation Exhibit DS8 Gas CanopyGas Canopy Elevations K:\Projects\Div 08 Dallas\0969\3D\dwg\0969 Gas Canopy 0969GEL00-06.dwg, 8.5x11, 11/2/2010 5:41:57 PM, jkim Monument Sign I CUSTOM2 RED 7 WHITE,\\ 4'- 8% BRONZESTONE BRICK 12" NUMERAL 6" NUMERAL (REMOVEBLE) 5" CAPITAL LETTER L s Pan Formed Lexane Face 0.177 Thickness, Paint to Match 3M 3632-53 Cardinal Red QT Embossed From Red Face, Paint to Match 3M White Vinyl Substrate Drop Shadow h" From Red Face, Paint to Match 3M Black Vinyl Cabinet Paint to Match 3M 3632-53 Cardinal Red Vinyl w/Gloss Finish Pricer Flat Solar Grade Lexane Face 0.177 Thickness, Paint to Match 3M Black Vinyl Manual Price Numerals Clear Cabinet Paint Black Green Paint to Match 3M 347 Green Vinyl Loao and Pricer Cabinet Aluminum Construction Internally Illuminated .:Vrojsds\Div 08 DallnsbX6W.lgnapewgsO Cuatom Monumnt encasement.d+vg. Slgn ha*. 1W10 RY:M AM. omley p~~~roval WSq. Ft. 27 Scale 1/4" = 1'-0" Special Notes Approved Date LOGO ALWAYS GOES TOWARD STREET Serial Number: A WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING January 11, 2011 13 ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-248-SF-18 (CH) Carter Estates, for a zoning change from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned Development 248-Single Family-18), to establish zoning which is reflective of the existing development and lotting patterns within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt Line Road (DART ROW) and authorizing the Mayor to sign. On December 14, 2010, Council unanimously approved this ZONING CHANGE (5-0). On November 18, 2010, the Planning Commission unanimously recommended approval of this ZONING CHANGE (6-0), subject to the above stated condition. Commissioners Rios-Tankersley, Haas, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @04 PD-248-SF-18 (CH) CA ORD-1 AR 1 TM 46968.2.121610 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-12) AND A (AGRICULTURE) TO PD-248-SF-18 (CH) CARTER ESTATES (PLANNED DEVELOPMENT 248-SINGLE FAMILY-18 CALLED HEARING CARTER ESTATES), TO ESTABLISH ZONING WHICH IS REFLECTIVE OF THE EXISTING DEVELOPMENT AND LOTTING PATTERNS WITHIN THIS 38 ACRES OF PROPERTY GENERALLY LOCATED SOUTH OF BETHEL SCHOOL ROAD, WEST OF MOORE ROAD AND NORTH OF BELT LINE ROAD (DART ROW) AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN ATTACHED HERETO AS EXHIBIT “A” PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-248-SF- 18 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, having been duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from SF-12 (Single Family-12) and A (Agriculture) to PD-248-SF-18 (Planned Development 248-Single Family-18), to establish planned development district for single family residents within this 38 acres of property generally located south of Bethel School Road, west of Moore Road and north of Belt 2 TM 46968.2.121610 Line Road (DART ROW) and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes, subject to the development regulations adopted herein. SECTION 2. That the property shall be developed and used only in accordance with following development regulations as set forth herein below; A) A building or premise shall be used only for the following uses: a. Single-family dwellings, including uses permitted in the "SF-ED" district. b. Home occupation. c. Such uses as may be permitted under provisions of special use permits, section 12-30-6 of the Coppell Code of Ordinances . B) Maximum height regulations will be 35 feet nor more than two and one-half stories high. C) Area regulations. a. Minimum size of yards. i. Front yard: 1. 50 feet in Area 1 2. 30 feet in Area 2 3. Where lots have double frontage running through from one street to another, the required front yard shall be provided on both streets. ii. Side yard: 1. Ten percent of the lot width, but in no case shall the side yard for main structures be less than 20 feet in Area 1 and eight feet in Area 2. 2. A side yard adjacent to a street shall not be less than 50 feet in Area 1 and 30 feet in Area 2. iii. Rear yard: 20 feet. D) Minimum size of lot: Lot area, width and depths shall be as indicated on the Detail Site Plan, attached as Exhibit “A”. E) Minimum dwelling size: 2,000 square feet, exclusive of garages, breezeways and porches. F) Maximum lot coverage: No more than 25 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings, excluding pools and shade structures. G) Parking regulations: a. A minimum of two enclosed spaces shall be required to be located behind the front yard line. b. Garage doors shall not face any street, unless setback a minimum of 100 feet from property lines adjacent to streets. H) Type of exterior construction a. 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 of an exterior wall. 3 TM 46968.2.121610 b. 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 above an exterior wall. SECTION 3. That the Detail Site Plan attached hereto as Exhibit “A” shall be made a part hereof for all purposes as development regulations, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the SF-18 (Single Family-18) District regulations, as contained in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 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 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by 4 TM 46968.2.121610 a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2011. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS , CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised) AREA 1AREA 2PD-248-SF-18 (CH) Carter EstatesEXHIBIT “A”N.T.S.AREA 1is Carter Addition, as recorded in Vol. 73053 pg. 66 D.R.D.C, excluding Lot 1, Block 1 AREA 2is Carter Addition Phase II, as recorded in Vol. 99242, Pg 0012, D.R.D.C and Carter Addition Phase II, Replat of Lots 1 & 2 as recorded in Vol. 2002035, pg. 00016, D.R.D.C WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire January 11, 2011 14 ✔ CONTRACT/BID or PROPOSAL Consider approval of a Resolution approving the terms and conditions of the Dallas County Mutual Aid Interlocal Agreement and authorizing the Mayor to sign. The Dallas County Agreement for Mutual Aid in Disaster Assistance has not been updated or revised since its inception in 1984 .The Dallas County Fire Chief’s Association updated the agreement and is processing within the county for adoption. Staff recommends approval. (FD Dallas County Mutual Aid - 1 AR AGREEMENT FOR MUTUAL AID – PAGE 1 STATE OF TEXAS § § AGREEMENT FOR MUTUAL AID COUNTY OF DALLAS § This Mutual Aid Agreement (“Agreement”) is entered into by and between the undersigned Participating Local Governments of the State of Texas acting by and through their duly authorized officials. The undersigned Participating Local Governments and any and all other Participating Local Governments of the State of Texas adopting this Agreement upon a formal order of their respective governing bodies as provided herein may be referred to in this Agreement individually as “Party” and collectively as “Parties”. RECITALS: WHEREAS, the Parties recognize the vulnerability of the people and communities located within the counties and political subdivisions to damage, injury, and loss of life and property resulting from emergencies, disasters and/or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual Party; and WHEREAS, the Parties to this Agreement recognize that Mutual Aid has been provided in the past and have determined that it is in the best interests of themselves and their citizens to create a plan to foster communications and the sharing of resources, personnel and equipment in the event of emergencies; and WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of an Emergency, Disaster and/or Civil Emergency; and WHEREAS, the Parties wish to make suitable arrangements to provide Mutual Aid in response to emergencies, disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to Texas Government Code Chapter 791 (“Interlocal Cooperation Act”); Texas Government Code Chapter 418; and, Texas Statewide Mutual Aid System of the Emergency Management Chapter, also known as the Texas Disaster Act of 1975; WHEREAS, the Parties recognize that this Agreement would allow for better coordination of effort between the Parties, would provide that adequate equipment and personnel are available, and would help ensure that Mutual Aid is accomplished in the minimum time possible in the event of an Emergency, Disaster or Civil Emergency and thus desire to enter into this Agreement to provide Mutual Aid; and WHEREAS, it is expressly understood that any Mutual Aid extended under this Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the “Texas Disaster Act” and other applicable provisions of law and, except as otherwise provided by law, that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of such Mutual Aid plans; AGREEMENT FOR MUTUAL AID – PAGE 2 NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Definitions As used throughout this Agreement, the following terms listed below will have the following meanings: Agreement shall mean this Agreement for Mutual Aid. Civil Emergency shall mean any natural or manmade disaster or emergency that causes or could cause substantial harm to the population or infrastructure. This term can include a “major disaster” or “emergency” as those terms are defined in the Stafford Act, as amended, as well as consequences of an attack or a national security emergency. Where federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Fire Chief shall mean the Fire Chief, or his/her designee. Disaster shall mean the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, hostile military or paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of terrorism, and other public calamity requiring emergency action. Emergency shall mean any occurrence, or threat thereof, which results in substantial injury or harm to the population, or damage to or loss of property. Mutual Aid shall mean, but is not limited to, such resources as facilities, equipment, services, supplies, and personnel. Mutual Aid Master Plan shall mean a written operational plan approved by the Dallas County Fire Chiefs to establish predetermined assignments for participating agencies for emergency responses and nonemergency responses to provide fill-ins. NIMS (National Incident Management System) shall mean a system designed to enable effective and efficient domestic incident management by integrating a combination of facilities, equipment, personnel, procedures and communications operating within a common organization structure, designed to enable effective and efficient domestic incident management. Under NIMS is ICS (Incident Command System). AGREEMENT FOR MUTUAL AID – PAGE 3 Operational Period shall mean a period of time beginning at the time of the request for Mutual Aid and lasting for twenty-four (24) hours. Party or Parties shall mean the local governmental entity(ies) that are signatories to and have agreed to adopt this Mutual Aid Agreement. Responding Local Government Entity (Responding Party) means a local governmental entity providing mutual aid assistance in response to a request under this Agreement, i.e. furnishing equipment, supplies, facilities, services and/or personnel to the Requesting Party. Requesting Local Government Entity (Requesting Party) shall mean a local governmental entity requesting mutual aid assistance under this Agreement for emergency work resulting from a fire, Emergency, Civil Emergency or Disaster within its legal jurisdiction. Article II Term This Agreement shall become effective as to each Party on date of adoption as indicated on the signature page for each Party and shall continue in force and remain binding on each and every Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless and until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Article IV of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties. Article III Participation by additional Local Government Entities Any local government entity may participate in the Agreement with the approval of the Dallas County Fire Chiefs Association as recommended by the Mutual Aid Committee. Each participating local government entity will be required to approve and agree to the terms and conditions of this Agreement. The participation of additional participating local government entities shall not require the approval of other participating local government entities. Article IV Termination Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of Mutual Aid. The governing body of a Party shall, by resolution, give notice of termination of participation in this Agreement and submit a certified copy of such resolution to all other Parties. Such termination shall become effective not earlier than thirty (30) days after the filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. AGREEMENT FOR MUTUAL AID – PAGE 4 Article V Activation of Agreement 5.1 The request for assistance under this Agreement may be activated by a determination by the Fire Chief of the Party having jurisdiction that the incident, Emergency, Disaster or imminent threat of an Emergency or Disaster is such that local capabilities are or are predicted to be exceeded. 5.2 The request for assistance under this Agreement shall continue, whether or not a local Disaster declaration or state of Civil Emergency is active, until the services of the Responding Party are no longer required or the Responding Party determines that its resources are needed within its own jurisdiction and officially recalled. Article VI Procedures for Requests and Provision of Mutual Aid 6.1 Methods of Requesting Mutual Aid. The Fire Chief of the Requesting Party may request Mutual Aid assistance under this Agreement by one of the three following methods: (1) Orally communicating a request for Mutual Aid under this Agreement to Dallas Fire Rescue Communications as specified in the Mutual Aid Master Plan; (2) Orally communicating a direct request for Mutual Aid to a Party using established local written procedures; or, (3) Orally communicating a direct request for Mutual Aid to any Party. 6.2 Criteria for Requesting Mutual Aid. Mutual Aid shall not be requested by a Party unless it is directly related to the Emergency, Disaster or Civil Emergency and resources available from the normal responding agencies are deemed to be inadequate, or are predicted to be expended prior to resolution of the situation. All requests for Mutual Aid must be transmitted by the Fire Chief of the Requesting Party. 6.3 Mutual Aid Service Functions. The types of Mutual Aid emergency service functions that may be requested under this Agreement include, but are not limited to, fire, search and rescue, fire inspection, fire engineer services, emergency communications, arson and fire investigation, planning and information assistance, mass care, special rescue, hazardous materials, explosive ordinance disposal, command and control, resource support, emergency medical services, mass casualty, health and other medical services. 6.4 Assessment of Availability of Resources and Ability to Render Assistance. When contacted by a Requesting Party, the Fire Chief of the Responding Party agrees to assess local resources to determine availability of personnel, equipment and other assistance based on current or anticipated needs. All Parties shall render assistance to the extent personnel, equipment and resources are deemed available. No Party shall be required to provide Mutual Aid unless it AGREEMENT FOR MUTUAL AID – PAGE 5 determines that it has sufficient resources to do so, based on current or anticipated events within its own jurisdiction. 6.5 Supervision and Control. When providing assistance under the terms of this agreement, the personnel, equipment, and resources of any Responding Party will be under the operational control of the Requesting Party. These response operations shall be NIMS (National Incident Management System) compliant as well as being organized and functioning within an Incident Command System (ICS), Unified Command System (UCS). Direct supervision and control of personnel, equipment and resources and personnel accountability shall remain with the designated supervisory personnel of the Responding Party. The designated supervisory personnel of the Responding Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Responding Party; and, shall report work progress to the Requesting Party. The Responding Party's personnel and other resources shall remain subject to recall by the Responding Party at any time, subject to reasonable notice to the Requesting Party. 6.6 Food, Housing and Self-Sufficiency. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Responding Party from the time of their arrival at the designated location to the time of their arrival back at the responding party’s home department. However, Responding Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the Emergency or Disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. 6.7 Communications. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Responding Party and the Requesting Party. Responding Party personnel should be prepared to furnish their own communications equipment sufficient only to maintain communications among their respective operating units, if it is practicable. 6.8 Rights and Privileges. Personnel who are assigned, designated or ordered by proper authority to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and workers’ compensation benefits, as though the service had been rendered within the limits of the jurisdiction where the personnel are regularly employed. Moreover, all medical expenses, wage and disability payments, pension payments, damage to equipment and clothing shall be paid by the Participating Local Government in which the employee in question is regularly employed. 6.9 Duration of Deployment. The Responding Party shall be released by the Requesting Party when the services of the Responding Party are no longer required or when the Fire Chief of the Responding Party determines, in his/her sole discretion, that further assistance should not be provided. 6.10 Common Jurisdictional Boundaries. In areas where common jurisdictional boundaries exist, it is understood that accurate determination of jurisdiction may not be possible AGREEMENT FOR MUTUAL AID – PAGE 6 upon receipt of the alarm. In such cases, it is deemed appropriate and in the best interest of the public for the entity receiving the alarm to dispatch its forces and render aid at the scene of the emergency until an accurate determination of jurisdictional responsibility can be made and if the outside responding entity is properly relieved by the entity having jurisdiction. Under the conditions described in this Section, the terms and condition of this Agreement shall be in effect just as though a request for Mutual Aid had been initiated. Article VII Cost Limitation A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the first Operational Period as defined in Article I of this Agreement. A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the first Operational Period. Article VIII Insurance 8.1 Workers’ Compensation Coverage. Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers’ Compensation Act. 8.2 Automobile Liability Coverage. Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. 8.3 Liability. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing Mutual Aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each Party agrees to obtain general liability and public official’s liability insurance, if applicable, or maintain a comparable self-insurance program. 8.4 Other Coverage: The Responding Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. Article IX Waiver of Claims Against Parties; Immunity Retained Each Party hereto waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of AGREEMENT FOR MUTUAL AID – PAGE 7 itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. Article X Expending Funds Each Party that performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Article XI Miscellaneous 11.1 Entirety: This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with an Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with respect to Mutual Aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 11.2 below. 11.2 Other Mutual Aid Agreements. This Agreement is not intended to replace local mutual aid agreements and local jurisdictions are encouraged to develop local agreements with each other for Mutual Aid in emergency, disaster and/or civil emergency situations and it is agreed that, to the extent there is a conflict between this Agreement and any other such Mutual Aid agreement, the provisions of this Agreement shall be superior to any such individual or previously adopted Mutual Aid Agreement(s) or contract(s). 11.3 Interlocal Cooperation Act. The Parties agree that Mutual Aid in the context contemplated herein is a “governmental function and service” and that the Parties are “local governments” as that term is defined herein and in the Interlocal Cooperation Act, Texas Government Code Chapter 791. 11.4 Severability. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 11.5 Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 11.6 Amendment. This Agreement may be amended only by the mutual written consent of the Parties. AGREEMENT FOR MUTUAL AID – PAGE 8 11.7 Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. 11.8 Notice. Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Fire Chief, and shall be delivered in person, or certified mail, return receipt requested, or may be transmitted by facsimile (fax) transmission. 11.9 Governing Law and Venue. The laws of the State of Texas shall govern this Agreement. In the event of an Emergency or Disaster physically occurring within the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the Emergency or Disaster occurred. In the event of an Emergency or Disaster physically occurring in more than one county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. 11.10 Headings. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. 11.11 Signatories. The City of Dallas shall be the official repository of original signature pages of the Parties to this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain a copy of its own originally signed document with an additional individual signature page from that City to be filed with the City of Dallas under this Agreement. AGREEMENT FOR MUTUAL AID – PAGE 9 EXECUTED this _______ day of _________________________, 201__. City of Coppell, Texas By: ___________________________________ Printed Name: ___________________________________ Title: ___________________________________ 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR MUTUAL AID BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND OTHER PARTICIPATING LOCAL GOVERNMENTS OF THE STATE OF TEXAS FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE EVENT OF AN EMERGENCY, DISASTER AND/OR CIVIL DISASTER AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the responsibility of the City of Coppell to secure protection of life and property in the event of an emergency, disaster and/or civil emergency for the City and its citizens; and WHEREAS, Chapter 791 of the Texas Government Code (“Interlocal Cooperation Act”) , authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, the Texas Government Code 791.006 specifically authorizes interlocal agreements for the purpose of providing fire protection services; and WHEREAS, the City Council for the City of Coppell desires to secure the benefits of mutual aid for the protection of life and property in the event of an emergency and/or disaster; WHEREAS, upon full review and consideration of the Agreement for Mutual Aid creating a plan to foster communications and share resources, personnel and equipment between the Parties to the Agreement in the event of an emergency, disaster and/or civil disaster, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions of said Agreement should be approved, and that the Mayor is authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT : Section 1. That the Mutual Aid Agreement, attached hereto as Exhibit “A,” having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Mutual Aid Agreement on behalf of the City of Coppell, Texas. Section 2. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. 2 DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, this the ________ day of ________________________, 2011. CITY OF COPPELL, TEXAS ______________________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: ________________________ City Attorney WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 15 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2011 Edition of the National Electrical Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano along with backup documentation applies to each agenda item. Staff recommends approval. (01BI International and National Code AN 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 15 ARTICLE 15-2 TO ADOPT THE NATIONAL ELECTRICAL CODE, 2011 EDITION, AS THE CITY OF COPPELL ELECTRICAL CODE; PROVIDING AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, 2011 EDITION AND ADMINISTRATIVE PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Chapter 15, Article 15-2, in part to adopt the National Electrical Code, 2011 Edition, with amendments to read as follows: “CHAPTER 15-2. NATIONAL ELECTRICAL CODE Sec. 15-2-1. National Electrical Code – Adopted. There is hereby adopted by the City of Coppell, Texas, the National Electrical Code, 2011 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-2-2. Amendments. The following sections of the National Electrical Code, 2011 Edition, and administrative provisions for the National Electrical Code, 2011 edition, are hereby amended to read as follows: 1. Article 90.4 Enforcement add the sections E, through I to read as follows: A Practical Safeguarding. The purpose of this Code is the practical safeguarding of persons and property from hazards arising from the use of electricity. B Adequacy. This Code contains provisions that are considered necessary for safety. Compliance therewith and proper maintenance results in an installation that is essentially free from hazard but not necessarily efficient, convenient, or adequate for good service or future expansion of electrical use. Informational Note: Hazards often occur because of overloading of wiring systems by methods or usage not in conformity with this Code. This occurs because initial wiring did not provide for increases in the use of electricity. An initial adequate installation and reasonable provisions for system changes provide for future increases in the use of electricity. C Intention. This Code is not intended as a design specification or an instruction manual for untrained persons. D Relation to Other International Standards. The requirements in this Code address the fundamental principles of protection for safety contained in Section 131 of International Electrotechnical Commission Standard 60364-1, Electrical Installations of Buildings. Informational Note: IEC 60364-1, Section 131, contains fundamental principles of protection for safety that encompass protection against electric shock, protection against thermal effects, protection against overcurrent, protection against fault currents, and protection against overvoltage. All of these potential hazards are addressed by the requirements in this Code. E Powers and Duties of building official. 1. General. The building official is hereby authorized to enforce all the provisions of this Code. He shall cause a record to be kept of all permits issued and inspections made. 2. Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building official may appoint a Chief Electrical Inspector and other related technical officers and inspectors and other employees as shall be authorized from time to time. Reference to the "Inspector" and "Electrical Inspector" in this Code shall mean the Chief Electrical Inspector or other Electrical Inspectors. 3. Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by such Codes, provided that if such building or premises be occupied, he shall first present proper credentials and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. When the building official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this Code. 4. Notice. When any order or notice is issued pursuant to the provisions of this Code to any person who cannot be found after a reasonable search, such order or notice may be served by posting it in a conspicuous place upon the premises occupied by him or upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such order or notice. An order sent by mail in a sealed envelope with postage prepaid and directed to the address of the electrical contractor, owner, lessee, or occupant of the premises shall be equivalent to personal service of such order. Electrical Inspectors are hereby empowered to attach to the nearest electrical cabinet or equipment feeding defective or hazardous wiring, any official notice or seal to prevent use of electricity in that area, and it shall be unlawful for any other person to place or attach such seal, or to break, change, destroy, tear, mutilate, cover or otherwise deface or injure any such official notice or seal posted by an Electrical Inspector. 5. Stop orders. Whenever any work is being done contrary to the provisions of this Code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. 6. Authority to disconnect utilities in emergencies. The Chief building official or his authorized representative shall have the authority to disconnect any electric power or energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property, or, where there is a violation of the temporary electric connection per section 85-6(b). The building official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. 7. Authority to condemn electrical system and equipment. Whenever the building official ascertains that any electrical system or equipment regulated in this Code has become hazardous to life, health or property, he may order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective electrical system or equipment after receiving such notice. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours of the order to disconnect to the serving utility, the owner and occupant of such building, structure or premises. When any electrical system or equipment is maintained in violation of this Code and in violation of any notice issued pursuant to the provisions of this section, the building official shall institute any appropriate action to prevent, restrain, correct or abate the violation. 8. Connection after order to disconnect. No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the reconnection and use of such electrical system or equipment. 9. Liability. The building official, or his authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the Code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by the Code or approvals issued under this Code. 10. Cooperation of other officials and officers. The building official may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction. 11. Appeals. Any person, firm or corporation may file an appeal with the Chairman of the Building and Standards Commission for review of any decision of the building official, provided that such appeal is made in writing within (5) days after notification by the electrical inspector. The Building and Standards Commission shall meet within a reasonable time following receipt of such appeal to hear the appeal and render a decision and findings in writing to the appellant with a duplicate copy to the building official. F Electrical License and Registration. 1. Registration required. It shall be unlawful for any person, firm, or corporation who is not registered as a qualified electrician in the City of Coppell to engage in work regulated by this code. Prior to the approval of any permit to do work regulated by this code, the applicant for such permit must first register in person with the Building Inspection Department. 2. Classifications of Electrician Licenses: 1. Master Electrician. Means a person possessing the necessary qualifications, training and technical knowledge to plan, layout, and supervise the installation, maintenance and extension of electrical conductors and equipment. This person shall have the authority to order the correction of defects or non-complying work installed in violation of this code. 2. Master Sign Electrician. Means a person possessing the equivalent qualifications as a master electrician, but limited to installation of signs only – no work may be undertaken on the premises’ wiring system by this person, other than the sole connection of a sign to an existing branch circuit or feeder. 3. Journeyman Electrician. Means a person possessing the necessary qualifications, training and technical knowledge to install, maintain and extend electrical conductors and equipment and capable of doing this work in accordance with prepared plans and specifications and under the supervision of a master electrician. 4. Journeyman Sign Electrician. Means a person possessing the equivalent qualifications as a journeyman electrician, but limited to the installation of signs only, under the supervision of a master sign electrician. No work may be undertaken on the premises’ wiring system by this person, other than the sole connection of a sign to an existing branch circuit or feeder. 5. Maintenance Electrician. Means a person engaged in the trade of maintaining the electrical system on premises owned and operated by the maintenance electrician’s employer. 6. Residential Electrician. Means a person possessing the necessary qualifications, training, and technical knowledge to install, maintain and extend electrical conductors and equipment and capable of doing this work in accordance with prepared plans and specifications and under the supervision of a master electrician. The scope of work allowed by this license is limited to residential premises wiring systems of 225 Amperes or less. 7. Electrical Contractor. Means a person engaged in the business of installing, maintaining or extending, by contract, electrical conductors and equipment. This person shall be a master electrician. An electrical contractor is the only registered electrician that is allowed to acquire a permit. 8. Other license classifications may be recognized if approved by the building official. 3. Application for Registration. A person, firm, or corporation who desires to register as an electrician, in the City of Coppell shall complete the appropriate application and provide the following information: 1. A current electrical license issued by a municipality and accompanied by a reciprocal letter or provide evidence of satisfactory performance on an electrician's certification conducted by the Southern Building Code Conference International in conjunction with the North Central Texas Council of Governments. 2. A form of picture identification. 3. Business identification to include the business name, business owner(s), address, and telephone number. 4. Issuance and Term of Registration. Upon satisfactory completion of the requirements and payment of applicable fees as specified by the City of Coppell Master Fee Schedule for registration as an electrician, as classified, the building official may approve such registration. An approved registration is valid for a period of not more than one (1) year and shall terminate at the end of each calendar year. 5. Transfer of registration. It shall be unlawful for any person, firm, or corporation to lend, rent, or transfer an electrical registration issued by the City of Coppell to another person firm, or corporation for any purpose. 6. Revocation of registration. An electrical registration issued by the City of Coppell may be revoked by the building official for the following: 1. Falsification of any portion of an application for registration with intent to defraud. 2. Revocation of an electrical license by a municipality with which the City of Coppell holds a letter of reciprocity. 3. Any person, firm or corporation who, after being found guilty in municipal court of violations of this code, is unwilling to make appropriate corrections to the satisfaction of the building official or his designee shall be denied registration as an electrician. 7. Notice of revocation of electrical registration. The building official shall provide proper notice in writing to the person, firm or corporation holding a defective electrical registration of the decision to revoke an electrical registration. Notice shall be deemed effective on the post date of certified mail and/or acceptance by hand delivery. 8. Appeal of revocation. In the event that any person, firm or corporation shall appeal the decision of the building official to revoke an electrical registration, a request for a public hearing of the matter shall be made in writing to the Chairman of the Building and Standards Commission within five (5) days of receipt of notice of revocation. The Building and Standards Commission shall meet to consider an appeal of revocation within a reasonable time of receipt of a written request. 9. False Representation as to Registration Unlawful. It shall be unlawful for any person, firm, or corporation to represent himself or a business as an electrician or electrical contractor in the City of Coppell without having first properly registered with the Building Inspection Department. 10. Electrical Company Vehicles to Be Marked. All electrical contractors vehicles engaged in doing work in the City of Coppell shall have signs permanently affixed to both sides of the vehicle indicating the company name of the electrical contractor. 11. Supervision. The actual work of installing, maintaining, altering, or repairing of electrical work for which a permit is required by this Code shall have supervision by a licensed master or journeyman electrician as provided by this Code. In the event the owner of electrical contracting business is not a licensed master electrician, a master electrician shall be designated by the owner of such place of business to the building official as the person responsible for, and supervising, the electrical work done by such electrical contractor. Such designated master electrician shall be the supervisory electrician for only one (1) electrical contractor within the city at any one time. Should such supervision not be constantly provided, the Electrical Inspector may order the work being done by such electrical contractor to be discontinued until proper supervision and control has been provided and the name of the new master electrician disclosed to building official. 12. License display. Each holder of a master, journeyman or specialist license shall carry evidence of proper license on his person at all times while doing electrical work and shall produce and exhibit same when requested by an inspector or officer of the City. 4. Exception from Licensing and Registration. Persons who are not registered electricians may carry out the following classes of work: 1. The replacement of lamps, fuses and the connection of portable devices to suitable receptacles which have been permanently installed. 2. The installation, alteration, or repairing of any wiring, devices, or equipment for signaling, remote control, or the transmission of information, provided such are inherently power limited and have a maximum nameplate rating not exceeding one volt-ampere. 3. The installation, alteration or repair of the electric wiring, devices, appliances and equipment installed by or for an electrical public service corporation legally operating in the city when for the use of such corporation in the generation, transmission, distribution or metering of the electrical energy or for the use of such a corporation in the operation of street railways, signals or the transmission of information. 4. Any work involved in the manufacture or test of electrical materials, devices, appliances or apparatus, but not including any installation of wiring other than that required for testing purposes unless such equipment as complete is approved by the Electrical Inspector before it is installed or used. 5. Electrical work done by a property owner in a building owned and occupied by him and classified as his homestead. Where the electrical work done by property owner is deemed by the building official to be hazardous to persons or property, and repairable beyond the skills and electrical knowledge of the property owner by the building official, or his authorized representative, the building official may void the permit or validation obtained by the homeowner. In such an event, the electrical work shall only be completed by a Licensed Electrical Contractor, registered with the City of Coppell. 5. Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the City agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (D) of this section. 5. Be signed by permittee, or his authorized agent. 6. Give such other data and information as may be required by the building official. 6. Plans and specifications. With each application for a permit, and where required by the building official for enforcement of any provision of this Code, plans, specifications and calculations shall be submitted in the quantity deemed necessary by the building official. When deemed necessary by the building official to ensure code compliance, the building official may require plans and specifications to be prepared and designed by an engineer licensed by the State of Texas. All drawings, specifications and accompanying data involved with the practice of engineering, such as structural, mechanical, plumbing, electrical, heating and cooling, fire, life and safety systems, shall comply with state and local laws governing the practice of engineering as required by Article 3271a, Vernon's Annotated Texas Statutes. 7. Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth or otherwise submitted as electronic media files as may be approved and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. 8. Permits issuance. The applications, plans and specifications, and other data, filed by an applicant for permit may be reviewed by other departments of the City to determine compliance with any applicable laws under their jurisdiction. If the work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of this Code and other pertinent laws and ordinances, and the fees specified by the City of Coppell Master Fee Schedule been paid, the building official may issue a permit therefore to the applicant. When the building official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building, structure or building service will be granted. 9. Retention of plans. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the building official until final approval of the work. 10. Validity of permit. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the City, nor shall the issuance of a permit or approval of plans be construed as representing or warranting the safety or lack of defects of any electrical work described therein. No permit presuming to give authority to violate or cancel the provisions of these Codes shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these Codes or of any other ordinances of the City. 11. Expiration. Every permit issued by the building official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or more. Before such work can be recommenced, a new permit shall be first obtained and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 12. Suspension or revocation. The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the City. 13. Fees. Permit fees shall be levied in the amounts specified by the City of Coppell, Master Fee Schedule. G Inspections. 1. General. All electrical systems and equipment for which a permit is required by this Code shall be subject to inspection by the building official. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the building official nor the City shall be liable for expense entailed in the removal or replacement of any material necessary to allow inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy source until authorized by the building official. 2. Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection is filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting inspections required by this Code to provide access to and means for proper inspection of such work. 3. Operation of electrical equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the building official not more than 48 hours after such replacement work is completed and before any permanent portion of the building conceals any portion of such electrical system. 4. Other inspections. In addition to the called inspections required by this Code, the building official may make or require other inspections of any work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Code enforcement agency. 5. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection or when required corrections are not made. Reinspection fees may be assessed when the approved plans are not readily available to the Inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. H Service Connections. 1. Connection approval. An electrical system or equipment regulated by this Code for which a permit is required shall not be connected to a source of energy or power until approved by the building official. 2. Temporary connections. The building official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for the use under a temporary Certificate of Occupancy. 3. Authorized connection. When new electrical meters are installed or existing electrical meters are to be relocated, the disconnection, connection or reconnection to the meter shall be made only by authorized employees of the Texas Utilities Electric Company. Only authorized employees of TXU Electric Company shall be permitted to make connection between the customer's service entrance conductors and TXU Electric Company lines. I Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of this Code. The issuance or granting of a permit or approval of plans and specifications or the completion or approval of an inspection shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which is authorized is lawful. 2. Article 100, Part I definitions shall be added or amended to read as follows: Definitions. Intersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. Approved, as to materials, equipment and method of construction, refers to approval by the building official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Board of Appeals shall be the Building and Standards Commission as appointed by the City Council of the City of Coppell. Building Code is the International Building Code, 2009 edition, as adopted by the City of Coppell. Chief Building Official (building official) is the officer charged with the administration and enforcement of this Code, or his duly authorized representative, and is the authority having jurisdiction for this Code. Electrical Inspector shall be the person providing expertise for the building official in the area of electrical regulations. Code Enforcement Agency is the department, division or agency of the City of Coppell charged with the function of Code Enforcement and shall be under the administration and operational control of the building official. Electrical Contractor is any person, firm, or corporation to whom a valid, current electrical contractor's registration has been issued by the City of Coppell. Electrical Code is the National Electrical Code, 2011 edition promulgated by the National Fire Protection Association, as adopted by the City of Coppell. Journeyman Electrician is a person to whom a valid, current journeyman electrician's registration has been issued by the City of Coppell. Master Electrician is a person to whom a valid, current master electrician's registration has been issued by the City of Coppell. Multiple Occupancy Building is a building having more than one tenant and may be of single or mixed use groups as classified by the Building Code. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of this Code impractical and the modification is in conformity with the intent and purpose of this Code, and that such modification does not lessen health, life and fire safety requirements. 3. Amend Article 100, Part I to read as follows: Intersystem Bonding Termination. A device that provides a means for connecting bonding conductors for communication systems and other systems such as metallic gas piping systems to the grounding electrode system. 4. Amend Article 110.2, Part I to read as follows: 110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved. Approval of equipment may be evident by listing and labeling of equipment by a Nationally Recognized Testing Lab (NRTL) with a certification mark of that laboratory or a qualified third party inspection agency approved by the AHJ. Exception: Unlisted equipment that is relocated to another location within a jurisdiction or is field modified is subject to the approval by the AHJ. This approval may be by a field evaluation by a NRTL or qualified third party inspection agency approved by the AHJ. Manufacturer’s self-certification of any equipment shall not be used as a basis for approval by the AHJ. Informational Note: See 90.7, Examination of Equipment for Safety, and 110.3, Examination, Identification, Installation, and Use of Equipment. See definitions of Approved, Identified, Labeled, and Listed. 5. Article 300.11; add the following exception: Exception: Ceiling grid support wires may be used for structural supports when the associated wiring is located in that area, not more than two raceways or cables supported per wire, with a maximum nominal metric designation 16 (trade size 1/2”). 6. Article 310.15(B)(7); change to read as follows: (7) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(7), shall be…{text unchanged}…provided the requirements of 215.2, 220.61, and 230.42 are met. This Article shall not be used in conjunction with 220.82. 7. Article 500.8(A)(3); change to read as follows: 500.8 Equipment. Articles 500 through 504 require equipment construction and installation standards that ensure safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to installation and maintenance. Informational Note No. 2: Since there is no consistent relationship between explosion properties and ignition temperature, the two are independent requirements. Informational Note No. 3: Low ambient conditions require special consideration. Explosion proof or dust-ignition proof equipment may not be suitable for use at temperatures lower than -25°C (-13°F) unless they are identified for low-temperature service. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified as Class I, Division 1 at normal ambient temperature. (A) Suitability. Suitability of identified equipment shall be determined by one of the following: (1) Equipment listing or labeling (2) Evidence of equipment evaluation from a qualified testing laboratory or inspection agency concerned with product evaluation (3) Evidence acceptable to the authority having jurisdiction such as a manufacturer's self-evaluation or an owner's engineering judgment signed and sealed by a qualified licensed professional engineer. Informational Note: Additional documentation for equipment may include certificates demonstrating compliance with applicable equipment standards, indicating special conditions of use, and other pertinent information. Guidelines for certificates may be found in ANSI/ISA 12.00.02, Certificate Standard for AEx Equipment for Hazardous (Classified) Locations. 8. Article 505.7(A) changed to read as follows: 505.7 Special Precaution. Article 505 requires equipment construction and installation that ensures safe performance under conditions of proper use and maintenance. Informational Note No. 1: It is important that inspection authorities and users exercise more than ordinary care with regard to the installation and maintenance of electrical equipment in hazardous (classified) locations. Informational Note No. 2: Low ambient conditions require special consideration. Electrical equipment depending on the protection techniques described by 505.8(A) may not be suitable for use at temperatures lower than -20°C (-4°F) unless they are identified for use at lower temperatures. However, at low ambient temperatures, flammable concentrations of vapors may not exist in a location classified Class I, Zones 0, 1, or 2 at normal ambient temperature. (A) Implementation of Zone Classification System. Classification of areas, engineering and design, selection of equipment and wiring methods, installation, and inspection shall be performed by a qualified persons Licensed Professional Engineer. 9. Article 680.25(A) changed to read as follows: 680.25 Feeders. These provisions shall apply to any feeder on the supply side of panel boards supplying branch circuits for pool equipment covered in Part II of this article and on the load side of the service equipment or the source of a separately derived system. (A) Wiring Methods. (1) Feeders. Feeders shall be installed in rigid metal conduit or intermediate metal conduit. The following wiring methods shall be permitted if not subject to physical damage: (1) Liquid tight flexible nonmetallic conduit (2) Rigid polyvinyl chloride conduit (3) Reinforced thermosetting resin conduit (4) Electrical metallic tubing where installed on or within a building (5) Electrical nonmetallic tubing where installed within a building (6) Type MC cable where installed within a building and if not subject to corrosive environment (7) Nonmetallic-sheathed cable (8) Type SE cable Exception: An existing feeder between an existing remote panel board and service equipment shall be permitted to run in flexible metal conduit or an approved cable assembly that includes an equipment grounding conductor within its outer sheath. The equipment grounding conductor shall comply with 250.24(A)(5).” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the _________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 16 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Building Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (02BI International and National Code AN 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 15 ARTICLE 15-1 TO ADOPT THE INTERNATIONAL BUILDING CODE, 2009 EDITION, AS THE CITY OF COPPELL BUILDING CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 Ordinances of the City of Coppell, Texas be, and the same is, hereby amended by amending Chapter 15, Article 15-1 in part to adopt the International Building Code, 2009 Edition, with amendments to read as follows: “ARTICLE 15-1. BUILDING CODE Sec. 15-1. Building Code – Adopted. There is hereby adopted the International Building Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-1-2. Amendments. The following sections of the International Building Code, 2009 Edition, are hereby amended to read as follows: 1. Amend Section 101.4 to read as follows: 101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code when specifically adopted shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the 2011 National Electrical Code as adopted. 2. Section 105.2 shall be amended to read as follows: 105.2 Work Exempt from Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Water tanks supported directly on grade if the capaCity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 3. Temporary motion picture, television and theater stage sets and scenery. 4. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 5. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 6. Swings and other playground equipment accessory to detached one- and two-family dwellings. 7. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753mm) in height. 3. Section 107.1 shall be amended to read as follows: 107.1 Submittal Documents. Two complete sets of construction documents (three sets in the case where Environmental Health Department review is required), special inspection and structural observation programs and other data shall be submitted with each permit application. The foundation plans and details, as well as other engineered design plans and details, shall be prepared by a registered design professional. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. 4. Section 109.4 shall be amended to read as follows: 109.4 Work Commencing before Permit Issuance. Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code, not to exceed One Thousand Dollars ($1,000.00), subject to the aforesaid limitation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 5. Section 109.6 shall be amended to read as follows: 109.6 Plan Review Fees. Plan review fees are equal to 65% of the permit fee. Plan review fees may not be refundable except as provided in Section 109.6. 109.6.1 Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code, except for plan review fees as described. The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review is done. There shall not be any fee refunds authorized unless accompanied by a written application filed by the original permittee not later than 180 days after the date of fee payment. 6. Section 109.7 Re-inspection fees. A fee as established by City Council resolution may be charged when:  The inspection called for is not ready when the inspector arrives;  No building address or permit card is clearly posted;  City approved plans are not on the job site available to the inspector;  The building is locked or work otherwise not available for inspection when called;  The job site is red-tagged twice for the same item;  The original red tag has been removed from the job site.  Failure to maintain erosion control, trash control or tree protection. Any re-inspection fees assessed shall be paid before any more inspections are made on that job site. 7. Section 109.8 shall be amended to include the following: 109.8 Investigation Fee. Work without a permit. 109.8.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code or the City fee schedule as applicable. The payment of such investigation fee shall not exempt the applicant from compliance with all other provisions of either this code or the technical codes nor from penalty prescribed by law. 109.9 Unauthorized cover up fee. 109.9.1 Any work concealed without first obtaining the required inspection in violation of section 110 shall be assessed a fee as established by the City fee schedule. 8. Section 113 shall be amended to include the following: The Building and Standards Commission shall act as the Board of Appeals. 9. Section 113.3 Qualifications shall be deleted. 10. In Section 202, add new definitions to read as follows: Section 202 High Rise Building. Is a building having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. Ambulatory Health Care Facility. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less that 24-hour basis to individuals who are rendered incapable of self-preservation. This group may include but not limited to the following:  Dialysis centers  Sedation dentistry  Surgery centers  Colonic centers  Psychiatric centers 11. Section 403.1 shall be amended to read as follows: Applicability. The provisions to this section shall apply to buildings having occupied floors located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. 12. In Section 403.1, exception #3, shall be amended to read as follows: 3. Open air portions of buildings with a Group A-5 occupancy in accordance with Section 303.1. 13. In Section 403.3, exception #2 shall be deleted. 14. In Section 404.1.1, amend definition of “Atrium”, to read as follows: Atrium. An opening connecting three or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. Stories, as used in this definition, do not include balconies within assembly groups or mezzanines that comply with Section 505. 15. Amend Section 406.1.4, by adding item #4 to read as follows: 4. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and the distance between the two is at least 10 feet (3048 mm). 16. Amend Section 406.6.1, by adding a second paragraph to read as follows: This occupancy shall include garages involved in the servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement and other such non-major repair. When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2. 17. Amend Section 506.2.2 by adding a sentence to read as follows: In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code Section 503.1.1 for hose lay measurement pathway requirements.) 18. Amend Footnote “b” of Table 602, with the addition of the following sentence: b. Group R-3 and Group U when used as accessory to Group R-3, as applicable in 101.2 shall be required to have a fire-resistance rating where fire separation distance is 3 feet or less. Group R-2 and Group U carport, as applicable in 406.1.4, exception 4 shall be required to have a fire-resistance rating where fire separation distance is 10 feet or less. 19. Section 901.6 shall be amended by adding subsection 901.6.3, which shall read as follows: 901.6.3 False Alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. The technician performing maintenance on any system capable of transmitting an alarm to the Coppell Emergency Dispatch Center shall notify the center, as well as the monitoring company for the property, prior to any work being performed on the system. In addition, the technician shall notify the Coppell Emergency Dispatch Center, as well as the monitoring company for the property, immediately upon placing the system back in service. 20. Amend Section 901.7 to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of accidental activations, the fire department and the Fire Marshal shall be notified immediately and, where required by the Fire Marshal, the building shall either be evacuated or an approved fire watch standby personnel shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watch standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. 21. Amend Section 903.1 by adding subsection 903.1.2, which shall read as follows: 903.1.2 Residential systems. Residential sprinkler systems installed in accordance with NFPA 13D or NFPA13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code or the International Building Code. 22. Amend Section 903.2 by adding exceptions thereto, and by adding Subsections 903.2.13: 903.2 Where required. An approved automatic fire extinguishing system (fire sprinkler system) shall be installed and maintained in accordance with the current versions of NFPA 13, Standard for the Installation of Sprinkler Systems and NFPA 25 Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems in the following occupancies: 1. All new buildings and new additions to existing buildings greater than 5,000 square feet. 2. All new windowless buildings or buildings with a basement, regardless of square footage. 3. All new Group R buildings, excluding single family dwellings. Protection is required throughout all living areas, including, but not limited to small rooms, closets, porches and balconies. 4. All buildings or structures, two (2) or more stories or thirty-five feet (35') in height, excluding Group R-3. 5. All Group R-3 building with a gross square footage greater than 10,000 square feet. 6. All Group R-3 occupancies which contain two or more separate dwelling units. Residential or quick response standard sprinklers shall be used in the dwelling units. 7. All Group R-1 occupancies. Residential or quick response standard sprinklers shall be used in the dwelling units and guest room portions of the building. 8. All Group A-5 occupancies greater than 1,000 square feet. 9. All Group A-2 occupancies greater than 2,000 square feet. 10. All Group H and Group I occupancies regardless of square footage. 11. Throughout all occupancies classified as ‘self-service storage facility’. 903.2.13 General. The following fire and life safety items are required for applicable buildings. The system shall be designed according to NFPA standards on all floors of the building. Two (2) complete sets of plans and calculations shall be submitted to the Fire Prevention Division for review and approval. Upon completion, the installer shall furnish the Fire Prevention Division with a statement that the system has been installed to meet the requirements of all applicable ordinances. All buildings equipped with an approved automatic sprinkler system shall also be equipped with an approved, monitored fire alarm system, meeting the requirements of NFPA 72 and this code. In addition to the building requirements listed above, the following requirements must be met: 1. Where standpipes are required, all standpipe locations are to be marked by painting the entire drop "OSHA yellow”. Where locations are located in office areas, cabinets shall be readily distinguishable from surrounding wall coverings. 2. All personnel doors are to be numbered in six-inch (6") high numbers on the inside and outside of the doors. The numbering is to begin at the pump room and continue counter-clockwise around the building. The pump room is to have "PUMP ROOM" on the outside of the door in minimum six-inch (6") high letters. On all buildings without a pump room, the first personnel door to the right of the main entrance is to be labeled door "1" and continue in a counter-clockwise direction. Doors are to be numbered sequentially with the personnel doors or alphabetical symbols are to be used. No personnel doors and dock doors are to be labeled with the same number. All numbers are to be of a contrasting color to the background. 3. Zone maps and operational instructions are to be posted at each fire alarm panel. 4. A plan showing the location of each pull station, duct detector, mechanical smoke and heat fan and personnel door locations (by door number) shall be located at each alarm panel. 5. Each sprinkler riser shall be identified by a unique four inch (4”) number above the main valve. If the sprinkler riser (4-inch or larger) passes through a ceiling, wall or enclosure, an additional four inch (4”) number shall be placed on the riser pipe at a point that is easily visible from floor level. A plan showing the coverage area of each system shall be posted adjacent to the fire alarm panel. 6. Fire sprinkler risers/fire pump rooms shall be directly accessible from an exterior door. The room shall be properly sized for adequate personnel maneuverability and serviceability, minimum size sixty four (64) square feet, with a minimum dimension of eight feet (8’). Exterior weatherproof strobe shall be installed. 7. Evacuation of Buildings. Upon any fire alarm activation, all occupants shall immediately evacuate all portions of the building and shall remain outside of the structure until it has been determined that it is safe to return. 23. Amend Subsections 903.3.1.1 and 903.3.1.1.1 to read as follows: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with NFPA 13, latest edition, except as provided in Sections 903.3.1.1.1. 903.3.3.1.1.1 Exempt Locations. When approved by the Fire Marshal, automatic sprinklers shall not be required in the following rooms or areas where such rooms are protected with an approved fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or the combination of flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the Fire Marshal. 24. Amend Subsection 903.3.1.2 to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R, as amended to include small rooms, closets, covered porches, patios and balconies. 25. Amend Subsection 903.3.1.3 to read as follows: 903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13 or 13R. 26. Amend Subsection 903.3.5 by adding the following: 903.3.5 Water supplies. Water supplies for automatic sprinkler system shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. Water supplies as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 15 psi safety factor. When any portion of the facility or buildings protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants and mains capable of supplying the required fire flow shall be required. Additional hydrant locations shall be based on fire load, internal fire protection systems, required fire flow, vehicular traffic, fire lanes, and other special circumstances. Fire hydrants shall be spaced no farther than six hundred feet (600') in residential areas and three hundred feet (300') in other than residential areas, measured center-on-center. These distances may be modified when sufficient data is provided showing equivalent fire protection can be maintained. Fire hydrants shall be located no closer than three feet (3') nor farther than six feet (6') from a fire lane. Fire supply lines shall be looped systems with no dead end mains or fire lines greater than one hundred fifty feet (150') in length unless approved by the Fire Marshal. 27. Amend Section 903.3.7 to read as follows: 903.3.7 Fire Department Connections. Fire Department Connections (FDC) shall not be located in or on structures. The FDC shall be located no closer than three feet (3') nor farther than six feet (6') from a fire lane. The line from the FDC to the sprinkler riser shall be isolated from any hydrant through the use of an approved check valve. At no time shall the FDC increase pressure to any fire hydrant. The FDC shall be located no farther than fifty feet (50') from a fire hydrant and shall be located on the same side of the fire lane as the hydrant. The FDC shall be installed at a height not to exceed thirty-inches (30”), in accordance with the City of Coppell Engineering Standards and Details. 28. Amend Section 903.4 and the Exceptions thereto to read as follows: 903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electronically supervised. Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds, not to exceed 120 seconds. All control valves in the sprinkler and standpipe systems, except for the fire department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon turning or operating the valve. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Jockey pump control valves that are sealed or locked in the open position. 3. Control valves to commercial kitchen hoods, spray booths or dip tanks that are sealed or locked in the open position. 4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 5. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. 6. Manual Dry Standpipe system must be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. 29. Section 905.1 shall be amended by adding the following: 905.1 General. All buildings greater than 20,000 square feet, except for Group R-3, shall be equipped with 2 1/2" hose valves stations. The hose valve locations shall be supplied by a minimum 2 1/2" line from the automatic fire sprinkler system. The hose valve stations shall consist of a 2 1/2" valve. A demand of a minimum of 150 GPM shall be included in the hydraulic calculations. Spacing for the hose valves shall be based on one hundred feet (100') hose lay and thirty feet (30') of stream. 30. Amend Section 907.1 by adding Subsection 907.1.3 to read as follows: 907.1.3 Design standards. All fire alarm systems, whether new or replacement that serve 20 or more alarm activating devices shall be analog intelligent addressable fire detection systems. All fire alarm systems serving 20 or more activating devices shall be designed using class “A” wiring methods with a minimum of 6 feet separation between the supply and return loops, and styles shall be IDC-style D, SLC-style 6. All notification device circuits can be class B style Y. All fire alarm system communicators shall be capable of sending point (smoke detector, manual pull station, water flow, etc.) specific data to central station monitoring companies. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other devices. Exception: Existing systems need not comply unless the total building remodel or expansion exceeds 25% of the original building. 31. Section 907.2.1 shall be amended and by deleting the exceptions thereto, to read as follows: 907.2.1 Group A. A manual fire alarm system shall be installed in accordance with NFPA 72, National Fire Alarm Code, in Group A occupancies having an occupant load of 300 or more. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for Group E occupancy. 32. Section 907.2.1.1 shall be amended to read as follows: 907.2.1.1 System Initiation in Group A Occupancies With an Occupant Load of Three Hundred (300) or More. Activation of the fire alarm in Group A occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with NFPA 72 that is audible above the ambient noise level of the occupancy. Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location. 33. Section 907.2.2 shall be amended and by deleting the exceptions thereto, to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in Group B occupancies having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. 34. Section 907.2.3 shall be amended and by deleting the exceptions thereto, to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic fire extinguishing systems or automatic fire alarm systems are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in all Group E day care occupancies. All buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm system. 35. Subsection 907.2.4 shall be amended to read and by deleting the exception thereto, which shall read as follows: 907.2.4 Group F. A manual fire alarm system shall be installed in Group F occupancies that are greater than two-stories in height or greater than 75,000 square feet. 36. Section 907.2.13 shall be amended and the Exceptions thereto shall be deleted, to read as follows: 907.2.13 High-rise Buildings. Buildings with a floor used for human occupancy located more than fifty-five feet (55') above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection system in accordance with Section 907.2.13.1, a fire department communications system in accordance with Section 907.2.13.2 and an emergency voice/alarm communication system in accordance with Section 907.6.2.2. 37. Subsection 907.7.3.2 shall be amended to read as follows: 907.7.3.2 High-rise Buildings. In buildings that have floors located more than fifty- five feet (55') above the lowest level of fire department vehicle access, a separate zone (point ID) by device shall be provided for each alarm initiating device. 38. Section 910.4 shall be amended by adding the following: 910.4 Mechanical smoke exhaust. Where approved by the fire code official, engineered mechanical smoke exhaust shall be an acceptable alternative to smoke and heat vents. In buildings equipped with an Early Suppression Fast Response (ESFR) sprinkler system or a Class IV sprinkler system, curtain boards and smoke and heat vents are to be eliminated and an approved mechanical smoke and removal system utilized. This system must de-activate all fans upon initiation of the fire alarm system. The system shall have a manual override system in addition to the vent controls located in the protected area. A separate Fire Department access or key switch may be required at a remote location in the building. Each individual fan shall be capable of being activated by a fireman's override switch located in the pump room. Design of the mechanical smoke and heat removal system shall be based on a minimum of four (4) air changes per hour. When activated by the fire alarm, all other mechanical ventilation systems shall shut down. 39. Subsection 910.4.5 shall be amended as follows: 910.4.5 Supply air. Supply air for exhaust fans shall be provided at or near the floor level and shall be sized to provide a minimum of twenty-five percent (25%) of required exhaust. Openings for supply air shall be uniformly distributed around the periphery of the area served. Personnel doors and dock doors shall not be considered as part of the supply air system. 40. 1016.3. Roof Vent Increase. In buildings that are one story in height, equipped with automatic heat and smoke roof vents complying with Section 910 and equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, the maximum exit access travel distance shall be 400 feet for occupancies in Group F-1 or S-1. 41. Amend Section 1022.9, to read as follows: 1022.9 Smokeproof Enclosures and pressurized stairways. In buildings required to comply with Section 403 or 405, each of the exit enclosures serving a story with a floor surface located more than 55 feet (16764 mm) above the lowest level of fire department vehicle access or more than 30 feet (9144 mm) below the finished floor of a level of exit discharge serving such stories shall be a smoke proof enclosure or pressurized stairway in accordance with Section 909.20. 42. Amend Section 1024.1, to read as follows: 1024.1; General. Approved luminous egress path markings delineating the exit path shall be provided in buildings of Groups A, B, E, I, M and R-1 having occupied floors located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access in accordance Sections 1024.1through 1024.5. Exceptions: 1. Luminous egress path markings shall not be required on the level of exit discharge in lobbies that serve as part of the exit path in accordance with Section 1027.1, Exception 1. 2. Luminous egress path markings shall not be required in areas of open parking garages that serve as part of the exit path in accordance with Section 1027.1,Exception 3. 43. Section 1101.2; add an exception, to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. 44. Amend exception #2 of Section 1210.2, to read as follows: 2. Toilet rooms that are not accessible to the public and which have not more than one water closet, provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code. 45. Amend Section 1505.1, to read as follows: 1505.1 General. Roof Assemblies. Roof assemblies shall be divided into the classes defined below. Class A, B, and C roof assemblies and roof covering required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, delete references to unclassified or fire retardant wood materials such as wood shingles and wood shakes. These are prohibited as a roof covering material. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. 46. In Table 1505.1, footnotes b and c shall be deleted. 47. Sections 1505.6 and 1505.7 shall be deleted. 48. Amend Section 2901.1, by adding a sentence as follows: The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. 49. Amend Section 3109.1 by adding the following: 3109.1 General. Swimming pools shall comply with the requirements of this section and other applicable sections of this code. Provisions of this section shall not be deemed to nullify any provisions of state law or state code.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 17 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Energy Conservation Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (03BI International and National Code AN 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 15 ARTICLE 15-7 TO ADOPT THE INTERNATIONAL ENERGY CONSERVATION CODE, 2009 EDITION, AS THE CITY OF COPPELL ENERGY CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL ENERGY CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 Ordinances of the City of Coppell, Texas be, and the same is, hereby amended by amending Chapter 15, Article 15-7 in part to adopt the International Energy Conservation Code, 2009 Edition, with amendments to read as follows: “ARTICLE 15-7. ENERGY CONSERVATION CODE Sec. 15-7-1 Energy Conservation Code – Adopted. There is hereby adopted the International Energy Conservation Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-7-2 Amendments. The following sections of the International Energy Conservation Code, 2009 Edition, are hereby amended to read as follows: 1. Section 101.4.2; shall be amended to read as follows: 101.4.2 Historic Buildings. Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource with a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer of the Keeper of the National Register of Historic Places, shall comply with all of the provisions of this code. Exception: Whenever a provision or provisions shall invalidate or jeopardize the historical designation or listing, that provision or provisions may be exempted. 2. Amend Section 103.1.1, Above Code Programs, to read as follows: 103.3.1.1 Alternative Compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the code official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. 3. Amend Section 202, General Definitions, by adding the following definition: Glazing Area. Total area of the glazed fenestration measured using the rough opening and including sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame. 4. Amend Section 301.1, to read as follows: 301.1 General. The sub-climate zone of Coppell, Texas, is 3.2. 5. Amend Section 401.2, Item one to read as follows: 401.2 Compliance. Projects shall comply with Sections 401, 402.4, 402.5, and 403.1, 403.2.2, 403.2.3, and 403.3 through 403.9 (referred to as the mandatory provisions) and either: 1. Sections 402.1 through 402.3, 403.2.1 and 404.1 (prescriptive) and the use of Tables 402.1.1 and 402.1.3 are limited to a maximum glazing area of 15% window area to floor area ratio; or 2. Section 405 (performance). 6. Add Section 402.2.12 to read as follows: Section 402.2.12 Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing or other equivalent material approved by the building official. 7. Amend Section 405.4.1; add the following sentence to the end of paragraph: 405.4.1 Compliance software tools. Documentation verifying that the methods and accuracy of the compliance software tools conform to the provisions of this section shall be provided to the code official. RemRateTM, Energy GaugeTM, and IC3 are deemed acceptable performance simulation programs.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 18 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Fire Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (04BI International and National Code AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 15-5, SECTIONS 15-5-1 AND 15-5-2, TO ADOPT THE INTERNATIONAL FIRE CODE, 2009 EDITION, AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD 1, AS AMENDED. A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Article 15-5, Sections 15-5-1 and 15-5-2, to provide for the adoption of the International Fire Code, 2009 Edition, and the National Fire Protection Association Standard 1, as amended, and the amendments thereto, which shall read as follows: “ARTICLE 15-5. FIRE CODE Sec. 15-5. International Fire Code – Adopted. There is hereby adopted by the City of Coppell, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the certain Codes and Standards known as the International Fire Code, 2009 Edition, including Appendices A-I, and the latest edition of the National Fire Protection Association Standard 1, thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 15-5 of this ordinance. A copy of said Fire Code and Standards is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Coppell and within 5,000 feet thereof, where specified therein. Sec. 15-5-1. Amendments. The International Fire Code, 2009 Edition, as adopted in Section 29-1, is hereby amended as follows: 1. Amend Section 101.1, "Title" to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Coppell, herein after referred to as "this code". 2. Section 102.4 shall be amended to read as follows: 102.4 Application of Other Codes. The design and construction of new structures shall comply with this code, and other codes as applicable; and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith. 3. Amend Section 102.7 to read as follows: 102.7 Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 47 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standards shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. 4. Amend Section 103.1 by adding a second paragraph and by adding subsection 103.1.1, "Division of Fire Prevention Personnel and Police", which shall read as follows: 103.1 General. The department of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. Under the chief's direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires. 2. The suppression or extinguishment of dangerous or hazardous fires. 3. The storage, use and handling of hazardous materials, 4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment. 5. The maintenance and regulation of fire escapes. 6. The maintenance of fire protection and the elimination of fire hazards on land in buildings, structures and other property, including those under construction. 7. The maintenance of means of egress. 8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 9. The investigation of the cause, origin and circumstances of explosions. For authority related to control and investigation of emergency scenes, see Section 104 of this code. 103.1.1 Division of Fire Prevention Personnel and Police. The fire marshal and members of the Division of Fire Prevention shall have the powers of a police officer when performing their duties under this code. When requested to do so, the chief of police is authorized to render necessary assistance to assist the Fire Department in enforcing the provisions of this code. 5. Amend Section 103.4 by adding subsection 103.4.2, which shall read as follows: 103.4.2 City Liability. All regulations provided in this code are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee, or any member of the Building Standards Commission charged with the enforcement of this code, acting for the City in the discharge of his duties, shall not thereby render themselves personally liable, and they are hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of their duties. Any suit brought against such official or employee because of such act performed by them in the enforcement of any provisions of this code shall be represented by the City of Coppell through its designated attorney until the final adjudication of the proceedings. 6. Amend Section 105.7 by adding subsection 105.7.15 and 105.7.16, which shall read as follows: 105.7.15 Smoke Control or Exhaust Systems. Construction permits are required for smoke control or exhaust systems as specified in Section 909 and Section 910 respectively. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 105.7.16 Electronic Access Control Systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Section 503 and Section 1008. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. 7. Amend Section 109.3 to read as follows: Section 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or to do work in violation of the approved construction documents or directive of the fire marshal, or a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor offense punishable by a fine of not more than two thousand dollars ($2,000.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense. 8. Amend Section 110.4 to read as follows: 110.4 Abatement. Any person operating or maintaining any occupancy, premises or vehicle subject to this code who shall permit any fire hazard to exist on the premises under their control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the code official or his duly authorized representative shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this cde is committed or continued. 9. Sections 202, General Definitions, shall be amended by adding definitions to read as follows: CODE OFFICIAL is the fire chief, fire marshal or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or a duly authorized representative. DIVISION OF FIRE PREVENTION is the office of the Coppell Fire marshal. FIRE DEPARTMENT is the City of Coppell Fire Department. HIGH RISE BUILDING is a building having floors for human occupancy located more than 55 feet above the lowest level of fire department vehicle access. JURISDICTION is the City of Coppell, Texas. KEY BOX shall be a KNOX® Box device. SELF-SERVICE STORAGE FACILITY. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. Qualified fire service personnel, approved by the fire chief or fire marshal. When utilized, the number required shall be as directed by the fire chief or fire marshal. 10. Section 307.2 shall be amended to read as follows: 307.2 Permit Required. A permit shall be obtained from the Fire marshal in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a recreational fire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the fire marshal. 11. Amend Section 307.4, amend subsection 307.4.1 and amend 307.4.2, and add subsection 307.4.4, which shall read as follows: 307.4 Location. Recreational fires as they relate to approved ceremonial situations or within approved devices such as outdoor barbeque grills with lids, chimenias or outdoor fireplaces shall be permitted in accordance with 307.4.2 Recreational Fires. Bonfires, trench burns, garbage/waste disposal fires and related outdoor burning shall be prohibited in the City of Coppell. 307.4.1 Bonfires. Bonfires shall be prohibited in the City of Coppell. 307.4.2 Recreational Fires. Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition. Exception: One- and two-family dwellings 307.4.4 Trench Burns. Trench burns shall be prohibited in the City of Coppell. 12. Amend Section 401.3 by adding 401.3.4, which shall read as follows: 401.3.4 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. The technician performing maintenance on any system capable of transmitting an alarm to the Coppell Emergency Dispatch Center shall notify the center, as well as the monitoring company for the property, prior to any work being performed on the system. In addition, the technician shall notify the Coppell Emergency Dispatch Center, as well as the monitoring company for the property, immediately upon placing the system back in service. 13. Section 503.1 shall be amended by amending subsection 503.1.1 and the exceptions thereto, by amending subsection 503.1.2, and by adding subsection 503.1.4, to read as follows: 503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by maximum hose distance or an approved route around the exterior of the building. Exception: Except for one- or two-family residences, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. 503.1.2 Additional Access. The fire marshal is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions or other factors that could limit access. The fire marshal is hereby authorized and empowered to establish and designate fire lanes as deemed necessary for the proper ingress and egress of emergency vehicles. Any fire lane designated by the fire marshal shall become effective as of the date so designated. 503.1.4. General Maintenance. (a) The fire marshal shall report any negligent surface conditions, markings, or signs to the owner or person in control of property upon which a fire lane exists and shall issue instructions for repair. (b) It shall be unlawful for the owner or person in control of property upon which a fire lane has been designated or exists to fail to maintain the surface of the fire lane in good condition, free of potholes and other non-approved obstructions. (c) It shall be unlawful for the owner or person in control of property on which a fire lane has been designated or exists to fail to maintain any marking of the fire lane as required by this code in a condition which is not clearly legible. (d) It shall be unlawful for the owner or person in control of property on which a fire lane has been designated or exist to install speed bumps, speed humps or similar traffic calming devices without the prior approval from the City of Coppell Fire marshal’s Office. Traffic calming devices shall not exceed 2 ½-inches in height and must be a minimum of 6-inches in width. (e) Fire lanes shall be installed in accordance with City of Coppell Engineering Standards and Details prior to buildings being constructed above finished floor grade. 14. Section 503.2 shall be amended by amending subsections 503.2.1, 503.2.3 and 503.2.4 to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (24') and an unobstructed vertical clearance of not less than 14 feet (14'). The fire marshal shall have the authority to increase the width of fire lanes at the entrances off public streets to include the entire width of the drive opening. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be constructed to the City of Coppell Engineering Standards and Details. All fire lanes shall be capable of supporting an 80,000 pound vehicle. 503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet inner radius and 54 feet exterior radius. The required turning radii may be decreased if the width of the fire lane increases, as approved by the fire marshal. 15. Amend Section 503.3 to read as follows: 503.3 Marking. Where required by the fire marshal, approved striping or, when allowed by the Fire marshal, signs, or both, or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and striping shall be maintained in a clean and legible condition at all times and replaced or repaired when necessary to provide adequate visibility. 1) Striping--Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 15 feet intervals on the red border markings along both sides of the fire lanes. 2) Signs--Shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty feet (50') apart. Signs may be installed on permanent buildings or walls if approved by the fire marshal. 3) Brick pavers--Brick paver ‘banding’ of fire lanes may be approved on a case by case basis. Red brick pavers shall be of contrasting colors to provide the visual identity of a ‘normally striped’ fire lane. 16. Section 503.4 shall be amended to read as follows: 503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed by persons in any manner, including parking, stopping or standing any non-emergency vehicle, whether attended or unattended, in a fire lane. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of obstruction, all fire lanes on his premises. No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane. Any unauthorized vehicle on a fire lane is: (1) Subject to removal by the operator of the premises, with the expense of removal and storage to be borne by the registered owner of the vehicle. (2) Subject to citation, as well as removal, by the fire marshal or a police officer, and (3) Prima facie evidence that the person in whose name the vehicle is registered is guilty of a violation of the parking provisions of this section. 17. Section 507 shall be amended by amending subsection 507.5.1 and the exception thereto, and subsection 507.5.3 to read as follows: 507.5.1 Where required. Where a portion of the facility or building is more than 150 feet from a hydrant on a public right-of-way, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire marshal. Exceptions: For Group R-3 occupancies, the distance requirement shall be 600 feet. 507.5.3 Private Fire Service Mains and Water Tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with NFPA 25 at the following intervals: 1. Private fire hydrants (all types): Inspected annually and after each operation; flow test and maintenance annually. 2. Fire service main piping: Inspection of exposed, annually; flow test every 5 years. 3. Fire service main piping strainers: Inspection and maintenance after each use. 4. Private fire hydrants or those hydrants supplied through or by a fire pump shall be painted red. (Sherwin-Williams #B54R38 or equal) 5. All fire hydrant locations shall be identified by the installation of a blue reflective marker, according to City specifications. 6. Private fire hydrants shall be installed and operational prior to buildings being constructed above finished floor grade. 7. Private fire hydrant annual flow test information shall be forwarded to the Coppell Fire Department upon completion of the service. 18. Amend Section 603.6 by adding subsection 603.6.6 to read as follows: 603.6.6 Maintenance of Chimneys. All multi-family occupancies where fireplaces utilizing solid fuel are used shall have the chimneys inspected and/or cleaned by a certified chimney sweep on a yearly basis. A report of each inspection and/or cleaning shall be submitted to the Fire Prevention Division by no later than November 1st each year. 19. Amend Section 807.4 by amending subsection 807.4.3.2 and 807.4.4.2 by adding exceptions: 807.4.3.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors and classrooms to not more than 20 percent of the wall area. Exception: Corridors and classrooms protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. 807.4.4.2 Artwork. Artwork and teaching materials shall be limited on the walls of corridors and classrooms to not more than 20 percent of the wall area. Exception: Corridors and classrooms protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. 20. Section 901.6 shall be amended by adding subsection 901.6.3, which shall read as follows: 901.6.3 False Alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. The technician performing maintenance on any system capable of transmitting an alarm to the Coppell Emergency Dispatch Center shall notify the center, as well as the monitoring company for the property, prior to any work being performed on the system. In addition, the technician shall notify the Coppell Emergency Dispatch Center, as well as the monitoring company for the property, immediately upon placing the system back in service. 21. Amend Section 901.7 to read as follows: 901.7 Systems Out of Service. Where a required fire protection system is out of service or in the event of an excessive number of accidental activations, the Fire Department and the fire marshal shall be notified immediately and, where required by the fire marshal, the building shall either be evacuated or an approved fire watch standby personnel shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watch standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. 22. Amend Section 903.1 by adding subsection 903.1.2, which shall read as follows: 903.1.2 Residential Systems. Residential sprinkler systems installed in accordance with NFPA 13D or NFPA13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code or the International Building Code. 23. Amend Section 903.2 by adding exceptions thereto, and by adding Subsections 903.2.13: 903.2 Where Required. An approved automatic fire extinguishing system (fire sprinkler system) shall be installed and maintained in accordance with the current versions of NFPA 13, Standard for the Installation of Sprinkler Systems and NFPA 25 Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems in the following occupancies: 1. All new buildings and new additions to existing buildings greater than 5,000 square feet. 2. All new windowless buildings or buildings with a basement, regardless of square footage. 3. All new Group R buildings, excluding single family dwellings. Protection is required throughout all living areas, including, but not limited to small rooms, closets, porches and balconies. 4. All buildings or structures, two (2) or more stories or thirty-five feet (35') in height, excluding Group R-3. 5. All Group R-3 building with a gross square footage greater than 10,000 square feet. 6. All Group R-3 occupancies which contain two or more separate dwelling units. Residential or quick response standard sprinklers shall be used in the dwelling units. 7. All Group R-1 occupancies. Residential or quick response standard sprinklers shall be used in the dwelling units and guest room portions of the building. 8. All Group A-5 occupancies greater than 1,000 square feet. 9. All Group A-2 occupancies greater than 2,000 square feet. 10. All Group H and Group I occupancies regardless of square footage. 11. Throughout all occupancies classified as ‘self-service storage facility’. 903.2.13 General. The following fire and life safety items are required for applicable buildings. The system shall be designed according to NFPA standards on all floors of the building. Two (2) complete sets of plans and calculations shall be submitted to the Fire Prevention Division for review and approval. Upon completion, the installer shall furnish the Fire Prevention Division with a statement that the system has been installed to meet the requirements of all applicable ordinances. All buildings equipped with an approved automatic sprinkler system shall also be equipped with an approved, monitored fire alarm system, meeting the requirements of NFPA 72 and this code. In addition to the building requirements listed above, the following requirements must be met: 1. Where standpipes are required, all standpipe locations are to be marked by painting the entire drop "OSHA yellow”. Where standpipes are located in office areas, cabinets shall be readily distinguishable from surrounding wall coverings. 2. All personnel doors are to be numbered in six-inch (6") high numbers on the inside and outside of the doors. The numbering is to begin at the pump room and continue counter-clockwise around the building. The pump room is to have "PUMP ROOM" on the outside of the door in minimum six-inch (6") high letters. On all buildings without a pump room, the first personnel door to the right of the main entrance is to be labeled door "1" and continue in a counter-clockwise direction. Doors are to be numbered sequentially with the personnel doors or alphabetical symbols are to be used. No personnel doors and dock doors are to be labeled with the same number. All numbers are to be of a contrasting color to the background. 3. Zone maps and operational instructions are to be posted at each fire alarm panel. 4. A plan showing the location of each pull station, duct detector, mechanical smoke and heat fan and personnel door locations (by door number) shall be located at each alarm panel. 5. Each sprinkler riser shall be identified by a unique four inch (4”) number above the main valve. If the sprinkler riser, 4-inch or larger, passes through a ceiling, wall or enclosure, an additional four inch (4”) number shall be placed on the riser pipe at a point that is easily visible from floor level. A plan showing the coverage area of each system shall be posted adjacent to the fire alarm panel. 6. Fire sprinkler risers/fire pump rooms shall be directly accessible from an exterior door. The room shall be properly sized for adequate personnel maneuverability and serviceability, minimum size sixty-four (64 sq ft) square feet, with a minimum dimension of eight feet (8’). Exterior weatherproof strobe shall be installed. 7. Evacuation of Buildings. Upon any fire alarm activation, all occupants shall immediately evacuate all portions of the building and shall remain outside of the structure until it has been determined that it is safe to return. 24. Amend Subsections 903.3.1.1 and 903.3.1.1.1 to read as follows: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with NFPA 13, latest edition, except as provided in Sections 903.3.1.1.1. 903.3.1.1.1 Exempt Locations. When approved by the fire marshal, automatic sprinklers shall not be required in the following rooms or areas where such rooms are protected with an approved fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or the combination of flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire marshal. 25. Amend Subsection 903.3.1.2 to read as follows: 903.3.1.2 NFPA 13R Sprinkler Systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R, as amended to include small rooms, closets, covered porches, patios and balconies. 26. Amend Subsection 903.3.1.3 to read as follows: 903.3.1.3 NFPA 13D Sprinkler Systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13 or 13R. 27. Amend Subsection 903.3.5 by adding the following: 903.3.5 Water Supplies. Water supplies for automatic sprinkler system shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. Water supplies as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 15 psi safety factor. When any portion of the facility or buildings protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants and mains capable of supplying the required fire flow shall be required. Additional hydrant locations shall be based on fire load, internal fire protection systems, required fire flow, vehicular traffic, fire lanes, and other special circumstances. Fire hydrants shall be spaced no farther than six hundred feet (600') in residential areas and three hundred feet (300') in other than residential areas, measured center-on-center. These distances may be modified when sufficient data is provided showing equivalent fire protection can be maintained. Fire hydrants shall be located no closer than three feet (3') nor farther than six feet (6') from a fire lane. Fire supply lines shall be looped systems with no dead end mains or fire lines greater than one hundred fifty feet (150') in length unless approved by the fire marshal. 28. Amend Section 903.3.7 to read as follows: 903.3.7 Fire Department Connections. Fire Department Connections (FDC) shall not be located in or on structures. The FDC shall be located no closer than three feet (3') nor farther than six feet (6') from a fire lane. The line from the FDC to the sprinkler riser shall be isolated from any hydrant through the use of an approved check valve. At no time shall the FDC increase pressure to any fire hydrant. The FDC shall be located no farther than fifty feet (50') from a fire hydrant and shall be located on the same side of the fire lane as the hydrant. The FDC shall be installed at a height not to exceed thirty-inches (30”), in accordance with the City of Coppell Engineering Standards and Details. 29. Amend Section 903.4 and the Exceptions thereto to read as follows: 903.4 Sprinkler System Supervision and Alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electronically supervised. Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds, not to exceed 120 seconds. All control valves in the sprinkler and standpipe systems, except for the Fire Department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon turning or operating the valve. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Jockey pump control valves that are sealed or locked in the open position. 3. Control valves to commercial kitchen hoods, spray booths or dip tanks that are sealed or locked in the open position. 4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 5. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. 6. Manual dry standpipe system must be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. 30. Section 905.1 shall be amended by adding the following: 905.1 General. All buildings greater than 20,000 square feet, except for Group R-3, shall be equipped with 2 1/2" hose valves stations. The hose valve locations shall be supplied by a minimum 2 1/2" line from the automatic fire sprinkler system. The hose valve stations shall consist of a 2 1/2" valve. A demand of a minimum of 150 GPM shall be included in the hydraulic calculations. Spacing for the hose valves shall be based on one hundred feet (100') hose lay and thirty feet (30') of stream. 31. Amend Section 907.1 by adding Subsection 907.1.3 to read as follows: 907.1.3 Design Standards. All fire alarm systems, whether new or replacement that serve 20 or more alarm activating devices shall be analog intelligent addressable fire detection systems. All fire alarm systems serving 20 or more activating devices shall be designed using class “A” wiring methods with a minimum of 6 feet separation between the supply and return loops, and styles shall be IDC-style D, SLC-style 6. All notification device circuits can be class B style Y. All fire alarm system communicators shall be capable of sending point (smoke detector, manual pull station, water flow, etc.) specific data to central station monitoring companies. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other devices. Exception: Existing systems need not comply unless the total building remodel or expansion exceeds 25% of the original building. 32. Section 907.2.1 shall be amended and by deleting the exceptions thereto, to read as follows: 907.2.1 Group A. A manual fire alarm system shall be installed in accordance with NFPA 72, National Fire Alarm Code, in Group A occupancies having an occupant load of 300 or more. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for Group E occupancy. 33. Section 907.2.1.1 shall be amended to read as follows: 907.2.1.1 System Initiation in Group A Occupancies With an Occupant Load of Three Hundred (300) or More. Activation of the fire alarm in Group A occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with NFPA 72 that is audible above the ambient noise level of the occupancy. Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location. 34. Section 907.2.2 shall be amended and by deleting the exceptions thereto, to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in Group B occupancies having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. 35. Section 907.2.3 shall be amended and by deleting the exceptions thereto, to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic fire extinguishing systems or automatic fire alarm systems are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in all Group E day care occupancies. All buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm system. 36. Subsection 907.2.4 shall be amended to read and by deleting the exception thereto, which shall read as follows: 907.2.4 Group F. A manual fire alarm system shall be installed in Group F occupancies that are two-stories in height or greater than 75,000 square feet. 37. Section 907.2.13 shall be amended and the exceptions thereto shall be deleted, to read as follows: 907.2.13 High-rise Buildings. Buildings with a floor used for human occupancy located more than fifty-five feet (55') above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection system in accordance with Section 907.2.13.1, a fire department communications system in accordance with Section 907.2.13.2 and an emergency voice/alarm communication system in accordance with Section 907.6.2.2. 38. Subsection 907.7.3.2 shall be amended to read as follows: 907.7.3.2 High-rise Buildings. In buildings that have floors located more than fifty- five feet (55') above the lowest level of fire department vehicle access, a separate zone (point ID) device shall be provided for each alarm initiating device. 39. Section 910.4 shall be amended by adding the following: 910.4 Mechanical Smoke Exhaust. Where approved by the fire code official, engineered mechanical smoke exhaust shall be an acceptable alternative to smoke and heat vents. In buildings equipped with an Early Suppression Fast Response (ESFR) sprinkler system or a Class IV sprinkler system, curtain boards and smoke and heat vents are to be eliminated and an approved mechanical smoke and removal system utilized. This system must de-activate all fans upon initiation of the fire alarm system. The system shall have a manual override system in addition to the vent controls located in the protected area. A separate Fire Department access or key switch may be required at a remote location in the building. Each individual fan shall be capable of being activated by a fireman's override switch located in the pump room. Design of the mechanical smoke and heat removal system shall be based on a minimum of four (4) air changes per hour. When activated by the fire alarm, all other mechanical ventilation systems shall shut down. 40. Subsection 910.4.5 shall be amended as follows: 910.4.5 Supply Air. Supply air for exhaust fans shall be provided at or near the floor level and shall be sized to provide a minimum of twenty-five percent (25%) of required exhaust. Openings for supply air shall be uniformly distributed around the periphery of the area served. Personnel doors and dock doors shall not be considered as part of the supply air system. 41. Subsection 3301.1.3 and exceptions shall be amended thereto and shall be read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within the City of Coppell and within 5,000 feet of its borders. Exception: Approved, professional displays in accordance with Sections 3304 and 3308 shall be permitted on a case to case basis. 42. Section 3403.6 shall be amended to read as follows: 3403.6 Piping Systems. Piping systems, and their component parts, for flammable and combustible liquids shall be in accordance with this section, including an approved method of secondary containment shall be provided for underground tanks and piping systems. 43. Subsection 3404.2.11.5 shall be amended to read as follows: 3404.2.11.5 Leak Prevention. Leak prevention for underground tanks shall comply with Sections 3404.2.11.5.1 and 3404.2.11.5.2. An approved method of secondary containment shall be provided for underground tanks and piping systems. 44. Section 3803.2 is hereby amended to include Section 3803.2.1.8 Section 3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound water capacity. Aggregate capacity shall not exceed 60-pound water capacity. Each container shall be separated by 20 feet or a one-hour construction barrier.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the _______ day of _________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ______________________________ CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 19 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Fuel Gas Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (05BI International and National Code AN 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 15 ARTICLE 15-6 TO ADOPT THE INTERNATIONAL FUEL GAS CODE, 2009 EDITION, AS THE CITY OF COPPELL FUEL GAS CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 Ordinances of the City of Coppell, Texas be, and the same is, hereby amended by amending Chapter 15, Article 15-6 in part to adopt the International Fuel Gas Code, 2009 Edition, with amendments to read as follows: “CHAPTER 15-6. FUEL GAS CODE Section 15-6 Fuel Gas Code – Adopted. There is hereby adopted the International Fuel Gas Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-6-2 Amendments. The following sections of the International Fuel Gas Code, 2009 Edition, are hereby amended to read as follows: 1. Amend Section 101.1, to read as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Coppell, hereinafter referred to as “this code”. It is hereby noted that the scope of this code is not intended to supersede and furthermore, shall correspond with the most current adoption of the State of Texas Plumbing License Law. 2. Amend Section 102.8, to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. 3. Amend Section 304.10, to read as follows: 304.10 Louvers and Grilles. The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 75-percent free area. Screens shall have a mesh size not smaller than ¼ inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start-up and to shut down the main burner if the louvers close during operation. 4. Section 305.5 may be deleted. 5. Amend Section 306.3 and exceptions, to read as follows: 306.3 Appliances in Attics. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . from the opening to the equipment. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the equipment. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. 4. Access panel may be used in lieu of items 1, 2, and 3 with prior approval of the code official due to structural conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 2. Where the passageway is not less than 6 feet (1829 mm) high for its entire length, the passageway shall be not greater than 50 feet (15 250 mm) in length. 6. Amend Section 306.5, to read as follows: 306.5 Equipment and Appliances on Roofs or Elevated Structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access, the extent of which shall be from permanent exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliance’s level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. 7. Add Section 306.5.1.1, to read as follows: 306.5.1.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. 8. Add Section 306.7, to read as follows: 306.7 Water heaters Above Ground or Floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.7.1. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. 9. Amend Section 401.5, to add a second paragraph, as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" 10. In Section 402.3, add an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" ( 18 EHD). 11. Amend Section 404.9, to read as follows: 404.10 Minimum Burial Depth. Underground piping systems shall be installed a minimum depth of 18 inches (305 458 mm) top of pipe below grade 12. Section 404.10.1 is deleted. 13. Amend Section 406.1, to read as follows: 406.1 General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 406.1.1 through 406.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. 14. Amend Section 406.4, to read as follows: 406.4 Test Pressure Measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. 15. Amend Section 406.4.1, to read as follows: 406.4.1 Test Pressure. The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. For tests requiring a pressure of 3 psig, mechanical diaphragm gauges used to measure test pressures shall utilize a dial with a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrimination and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrimination and a pressure range not to exceed 20 psi. and have a range such that the highest end of the scale is not greater than five times the test pressure. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. 16. Amend Section 406.4.2, to read as follows: 406.4.2 Test Duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for not less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (Delete remainder of section.) 17. Add Section 409.1.4, to read as follows: 409.1.4 Valves in CSST Installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. 18. In Section 410.1, add a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. 19. In Section 614.6, add a sentence to read as follows: [M] 614.6 Domestic Clothes Dryer Exhaust Ducts. Exhaust ducts for domestic clothes dryers shall conform to the requirements of Sections 614.6.1 through 614.6.7. The size of duct shall not be reduced along its developed length or at the point of termination. 20. Amend Section 621.2, to read as follows: 621.2 Prohibited Use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. 21. Amend Section 624.1.1, to read as follows: 624.1.1 Installation Requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 20 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Mechanical Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (06BI International and National Code AN 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 15 ARTICLE 15-3 TO ADOPT THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION, AS THE CITY OF COPPELL MECHANICAL CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Chapter 15, Article 15-3, in part to adopt the International Mechanical Code, 2009 Edition, with amendments to read as follows: “ARTICLE 15-3. MECHANICAL CODE Sec. 15-3. Mechanical Code - Adopted. There is hereby adopted the International Mechanical Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-3-2. Amendments. The following sections of the International Mechanical Code, 2009 Edition, are hereby amended to read as follows: 1. Amend Section 102.8, to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced herein shall be those that are listed in Chapter 15, and such codes when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the 2011 National Electrical Code as adopted. 2. Add Section 304.11, to read as follows: 304.11 Minimum Burial Depth. Underground fuel piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade. 3. Amend Section 306.3, to read as follows: 306.3 Appliances in Attics. Attics containing appliances requiring access shall be provided…(bulk of section unchanged)…side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm) or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space of residential uses shall be provided by one of the following: 1. A permanent stair. 2. A pull-down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 4. Amend Section 306.3.1, with the following additional sentence: 306.3.1 Low Voltage Wiring of 50 volts or less shall be installed in a manner to prevent physical damage. 5. Amend Section 306.5, to read as follows: 306.5. Equipment and Appliances on Roof and Elevated Structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (2438 mm), such access shall be provided by a permanent means of access. Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliances level service space. Such access shall…(bulk of section to read the same)…on roofs having a slope greater than 4 units vertical in 12 units horizontal. A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. Low voltage wiring of 50 volts or less shall be installed in a manner to prevent physical damage. 6. Amend Section 306.5.2, to add a second paragraph to read as follows: A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. Low voltage wiring of 50 volts or less shall be installed in a manner to prevent physical damage. 7. Add Section 306.6, to read as follows: 306.6 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.6.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. 8. Amend Section 307.2.3, to read as follows: 2. A separate overflow drain line shall be connected to the drain pan provided with the equipment. Such overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The overflow drain line shall connect to the drain pan at a higher level than the primary drain connection. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. 9. Section 403.2.1, add an item 5 to read as follows: 5. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. 10. Section 501.2; add a third exception, to read as follows: 501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in Section 501.2.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawl space. Exceptions: 1. Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics. 2. Commercial cooking recirculating systems. 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. 11. Amend Section 504.6, to read as follows: 504.6 Domestic clothes dryer ducts. Exhaust ducts for domestic clothes dryers shall conform to the requirements of Sections 504.6.1 through 504.6.7. The size of duct shall not be reduced along its developed length or at the point of termination. 12. Amend Section 607.5.1, to read as follows: 607.5.1 Fire walls. Ducts and transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. For hazardous exhaust systems, see Section 510.1 through 510.9 of the International Mechanical Code.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 21 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Plumbing Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (07BI International and National Code AN 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 15 ARTICLE 15-4 TO ADOPT THE INTERNATIONAL PLUMBING CODE, 2009 EDITION, AS THE CITY OF COPPELL PLUMBING CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 Ordinances of the City of Coppell, Texas be, and the same is, hereby amended by amending Chapter 15, Article 15-4 in part to adopt the International Plumbing Code, 2009 Edition, with amendments to read as follows: “ARTICLE 15-4. PLUMBING CODE Sec. 15-4 International Plumbing Code – Adopted. There is hereby adopted the International Plumbing Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-4-2. Amendments. The following sections of the International Plumbing Code, 2009 Edition, are hereby amended to read as follows: 1. Amend Table of Contents, Chapter 7, Section 714, to read as follows: Section 714 Engineered Drainage Design . . . .. . . . . . . . ………….. . 67 2. Amend Section 102.8, to read as follows: 102.8 Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the 2011 National Electrical Code as adopted. 3. Amend Sections 106.6.2 and 106.6.3, to read as follows: 106.6.2 Fee Schedule. The fees for all plumbing work shall be as adopted by resolution of the governing body of the jurisdiction. 106.6.3 Fee Refunds. Fee refunds will be as adopted in the 2009 International Building Code.(Delete balance of section). 4. Amend Section 305.6.1, to read as follows: 305.6.1 Sewer Depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. 5. Amend Section 305.9, to read as follows: 305.9 Protection of Components of Plumbing System. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. 6. Section 310.4 and 310.5 shall be deleted. 7. Amend Sections 312.10.1 and 312.10.2, to read as follows: 312.10.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. The property owner is responsible to insure that testing is being performed. 312.10.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, double detector-check valve assemblies and pressure vacuum breaker assemblies shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. The property owner is responsible to ensure that testing is done in accordance with one of the following standards: (list of standards unchanged) 8. In Section 314.2.1, modify second sentence to read as follows: 314.2.1 Condensate Disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge in a publicly exposed area such as onto a street, alley, rooftop or sidewalk or other areas so as to cause a public nuisance. 9. In Section 401.1, add a sentence to read as follows: The provisions of this chapter are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. 10. Amend Section 403.1, to read as follows: Section 403.1. Minimum Number of Fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended, but not required that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the Building Official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. 11. Add Section 403.1.2, to read as follows: 403.1.2 Finish Material. Finish materials shall comply with Section 1209 of the International Building Code. 12. Section 405.6 shall be deleted. 13. Amend Section 409.2, to read as follows: 409.2 Water Connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. 14. Amend Section 410.1, to read as follows: 410.1 Approval. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M or ASME A112.19.9M, and water coolers shall conform to ARI 1010. Drinking fountains and water coolers shall conform to NSF 61, Section 9. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 15. Amend Section 412.4, to read as follows: 412.4 Required Location. Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter. 2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks.) 16. Amend Section 417.5, to read as follows: 417.5 Shower Floors or Receptors. Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm), measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm) door. Exception: Showers designed to comply with ICC/ANSI A117.1. 17. Amend Section 417.5.2, to read as follows: 417.5.2 Shower Lining. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1 through 417.5.2.5. Such liners shall turn up on all sides at least 3 inches above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an approved backing so as not to occupy the space required for wall covering, and shall not be nailed or perforated at any point less than 1 inch (25 mm) above the finished threshold. Liners shall be pitched one- fourth unit vertical in 12 units horizontal (2-percent slope) and shall be sloped toward the fixture drains and be securely fastened to the waste outlet at the seepage entrance, making a water-tight joint between the liner and the outlet. The completed liner shall be tested in accordance with Section 312.9 and Section 417.7. 18. Add Section 417.7, to read as follows: 417.7 Test for Shower Receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. 19. Amend Section 419.3, to read as follows: 419.3 Surrounding Material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. 20. Amend Section 502.3 to read as follows: 502.3 Water Heaters Installed in Attics. Attics containing a water heater shall be provided with an opening and unobstructed passageway large enough to allow removal of the water heater. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length when measured along the centerline of the passageway from the opening to the water heater. The passageway shall have continuous solid flooring not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the water heater. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm) , or larger where such dimensions are not large enough to allow removal of the water heater. 21. Add Section 502.6 and 502.6.1, to read as follows: 502.5 Water Heaters Above Ground or Floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 502.6.1 Illumination and Convenience Outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.1. 22. Amend Section 504.6, to read as follows: 504.6 Requirements for Discharge Piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instruction. 5. Discharge to an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed so as to flow by gravity. 10. Not terminate less than 6 inches or more than 24 inches (152 mm) above grade nor more than 6 inches above the waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves or tee fittings. 13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1. 23. Add Section 604.4.1, to read as follows: 604.4.1 State Maximum Flow Rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. 24. In Section 606.1, items #4 and #5 shall be deleted. 25. In Section 606.2, items #1 and #2 shall be amended to read as follows: 606.2 Location of Shutoff Valves. Shutoff valves shall be installed in the following locations: 1. On the fixture supply to each plumbing fixture other than bathtubs and showers in one- and two-family residential occupancies, and other than in individual sleeping units that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies. 2. On the water supply pipe to each appliance or mechanical equipment. 26. Amend Section 608.1, to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from non-potable liquids, solids or gases being introduced into the potable water supply through cross- connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1, and as specifically stated in Sections 608.2 through 608.16.10. 27. Amend Section 608.16.5 to read as follows: 608.16.5 Connections to Lawn Irrigation Systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. 28. Amend Section 608.17, to read as follows: 608.17 Protection of Individual Water Supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. In the absence of other local regulations, installation shall be in accordance with Sections 608.17.1 through 608.17.8. 29. Amend Section 610.1, to read as follows: 610.1 General. New or repaired potable water systems shall be purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section. This requirement shall apply to “on- site” or “inplant” fabrication of a system or to a modular portion of a system. 1. The pipe system shall be flushed with clean, potable water until dirty water does not appear at the points of outlet. 2. The system or part thereof shall be filled with a water/chlorine solution containing at least 50 parts per million (50 mg/L) of chlorine, and the system or part thereof shall be valved off and allowed to stand for 24 hours; or the system or part thereof shall be filled with a water/chlorine solution containing at least 200 parts per million (200 mg/L) of chlorine and allowed to stand for 3 hours. 3. Following the required standing time, the system shall be flushed with clean potable water until the chlorine is purged from the system. 4. The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system. Exception: With prior approval the Code Official may wave this requirement when deemed un-necessary. 30. Add Section 712.5 to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any “public use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. 31. Amend Section 714 and 714.1, to read as follows: SECTION 714 ENGINEERED DRAINAGE DESIGN 714.1 Design of Drainage System. The sizing, design and layout of the drainage system shall be permitted to be designed by approved design methods. 32. Amend Section 802.1.6, to read as follows: 802.1.6 Domestic Dishwashing Machines. Domestic dishwashing machines shall discharge indirectly through an air gap or air break into a standpipe or waste receptor in accordance with Section 802.2, or discharge into a wye-branch fitting on the tailpiece of the kitchen sink or the dishwasher connection of a food waste grinder. The waste line of a domestic dishwashing machine discharging into a kitchen sink tailpiece or food waste grinder shall connect to a deck-mounted air gap. 33. In Section 802.4, add a sentence to read as follows: Standpipes shall be individually trapped. Standpipes shall extend a minimum of 18 inches (457 mm) and a maximum of 42 inches (1066 mm) above the trap weir. Access shall be provided to all standpipes and drains for rodding. No standpipe shall be installed below the ground. 34. Amend Section 904.1, to read as follows: 904.1 Roof Extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. 35. Amend Section 906.1, to read as follows: 906.1 Distance of Trap from Vent. Each fixture trap shall have a protecting vent located so that the slope and the developed length in the fixture drain from the trap weir to the vent fitting are within the requirements set forth in Table 906.1. 36. Amend Section 912.1, to read as follows: 912.1 Type of Fixture. A combination drain and vent system shall not serve fixtures other than floor drains, standpipes, and indirect waste receptors. Combination drain and vent systems shall not receive the discharge from a food waste grinder or clinical sink. 37. Amend Section 1003.3, to read as follows: 1003.3 Grease Traps and Grease Interceptors. Grease traps and interceptors shall comply with the requirements of Sections 1003.3.1 through 1003.10. 1003.3.1 Grease Traps and Interceptors Required. All food establishments having a food waste disposal or a discharge of more than 50 gallons per minute shall discharge into a grease interceptor of at least 750-gallon capacity. Establishments with a discharge of 50 gallons per minute or less shall discharge into at least a 100-lb. size grease trap. An approved grease trap or interceptor complying with the provisions of this section shall be installed in the waste line leading from sinks, drains and other fixtures or equipment in establishments such as restaurants, cafes, lunch counters, cafeterias, bars and clubs, hotel, hospital, factory or school kitchen, or other establishments where grease may be introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment or private disposal. 1003.6 Engineered Design. Interceptors required by Section 1003.3.1 and 1003.3.2 shall be designed and sized by a mechanical engineer. 38. Amend Section 1101.8, to read as follows: 1101.8 Cleanouts Required. Cleanouts shall be installed in the building storm drainage system and shall comply with the provisions of this code for sanitary drainage pipe cleanouts. Exception: Subsurface drainage system 39. Amend Section 1106.1, to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hourly rainfall rate. 40. Amend Section 1107.3, to read as follows: 1107.3 Sizing of Secondary Drains. Secondary (emergency) roof drain systems shall be sized in accordance with Section 1106.Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by Section 1101.7. Scuppers shall not have an opening dimension of less than 4 inches (102 mm). The flow through the primary system shall not be considered when sizing the secondary roof drain system.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 22 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Property Maintenance Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (08BI International and National Code AN 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 15 ARTICLE 15-14 TO REPEAL ARTICLE 15-11 THE NEIGHBORHOOD INTEGRITY CODE IN ITS ENTIRETY AND ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2009 EDITION, AS THE CITY OF COPPELL PROPERTY MAINTENANCE CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE OR LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 City of Coppell Code of Ordinances be, and the same is, hereby amended by amending Chapter 15, Article 15-14, by repealing Article 15-11 in its entirety and replace it with the International Property Maintenance Code, 2009 Edition with the amendments to read as follows: “ARTICLE 15-14. PROPERTY MAINTENANCE CODE There is hereby adopted the International Property Maintenance Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Sec. 15-14-2. Amendments. The following sections of the International Property Maintenance Code, 2009 Edition, are hereby amended to read as follows: 1. Section 101.1 shall be amended to read as follows: 101.1 Title. These regulations shall be known as the Property Maintenance Code of City of Coppell, hereinafter referred to as “this code.” 2. Section 102.3 shall be amended to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City of Coppell Zoning Ordinance. 3. Section 103.1 shall be amended to read as follows: 103.1 General. The department of property maintenance inspection, referred to as the Building Inspection Department of the City of Coppell, hereinafter is hereby created and the executive official in charge thereof shall be known as the code official. 4. Section 103.5 shall be amended to read as follows: 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the fee schedule as established by resolution of the City of Coppell shall be charged for compliance with this article. 5. Section 107.1 shall be amended to read as follows: 107.1 Notice to owner(s) or to person(s) responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the owner(s) or to person(s) responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 6. Section 107.3 shall be amended to read as follows: 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; or 2. Posting a notice of violation in a conspicuous place in or about the structure or on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings; or 3. Sent certified or first class mail addressed to the last known address; or 4. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 7. Section 111.1 shall be amended to read as follows: 111.1 Application for appeal. Any person directly affected by a decision of the building official or a notice or order issued under this code shall have the right to appeal to the building and standards commission prior to the expiration of the period for compliance in said order. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. There shall be a filing fee for an appeal to the building and standards commission in an amount determined from time to time by resolution of the city council. 8. Sections 111.2 thru 111.8 shall be deleted and shall make reference to: Article 2-6 Building and Standards Commission of the Code of Ordinances. 9. Section 112.4 shall be amended to read as follows: 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than the amount of the permit fee required by code and not to exceed One Thousand ($1,000.00) dollars. 10. Add Section 113 Rental Registration as follows: 113.1 General. The City of Coppell recognizes a need for an organized inspection program of residential rental units within the city in order to upgrade rental units to meet city and state life safety, health, fire and zoning codes within the city and to provide a more efficient system for compelling both absentee and local landlords to correct violations and to maintain, in proper condition, rental property within the city. The city recognizes that the most efficient system to provide for rental inspections is the creation of a program requiring the registration of all residential rental units within the city so that orderly inspection schedules can be made by city officials. 11. Add Sections 113.2 thru 113.16 to read as follows: 113.2 Registration requirements. No person shall hereafter occupy, allow to be occupied or let to another person for occupancy any residential rental property within the city for which a registration statement has not been properly made and filed with the building inspection department of the city. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: 1. Name, address and phone number of the property owner. 2. Name, address and phone number of the designated local property manager if the property owner lives outside the metropolitan area. 3. The street address of the rental property. 4. The number and types of units within the rental property (dwelling units or sleeping rooms). 5. The maximum number of occupants permitted for each dwelling unit or sleeping room. 6. The name, phone number and address of the person authorized to make or order repairs or services for the property, if in violation of city or state codes, if the person is different than the owner or local manager. 113.2.1 Manner of registering. The registration must be made on or before January 30th, and annually thereafter by the property owner or designated local property manager in the office of the building inspection department of the city. 113.2.2 Transfer of property. Every new owner of rental property (whether as fee owner or contract purchaser) shall be required to furnish to the building inspection department the new owner's name, address and phone number and the name, address and phone number of the owner's designated local manager before taking possession of the rental property. No registration fee shall be required of the new owner during the year in which possession takes place provided that the previous owner has paid all registration fees and has complied with all requirements of this article and any notices from the city concerning violations of health, zoning, fire or safety codes of the city. If any change in the type of occupancy as originally registered is contemplated by the new owner, a new registration statement will be required. 113.3 Inspection required. All dwellings, boardinghouses, rooming houses, lodging houses, and/or tourist houses that rent to permanent residents and dormitories shall be inspected systematically for compliance with this article and all other applicable laws. Exception: The provisions of this section shall not apply to: 1. Dwellings, buildings, structures and uses owned and operated by any governmental agency; 2. Dwellings, buildings, structures and uses licensed and inspected by the state; 3. Hotels that do not rent to permanent residents; 4. Where a nonresidential business or activity, or a state-licensed and state-inspected use occupies a portion of a building and premises which would be otherwise subject to this article, the provisions of this article shall be applicable to the residential and common or public areas of such building and premises. 113.4 Frequency of inspections. All rental dwellings subject to this article shall be inspected at least once every two years or upon change of occupancy, except as provided herein. 113.4.1 Inspection of multifamily: Ten percent of the entire complex will be inspected each year. As a result of such inspection, a list of all violations found in each unit, if any, shall be maintained by the inspection department. For each additional unit that fails due to a high risk item, one additional unit will be inspected. Any re-inspection shall require an additional fee as established by resolution of the City Council. High risk re-inspections shall be conducted within three business days. 113.5. Rental Registration Certificate required. No person shall rent, lease or let for occupancy any dwelling subject to this division without having a valid, current rental registration certificate for that dwelling. 113.6 Inspection procedure. If, upon completion of the biennial inspection, the premises are found to be in compliance with all applicable city codes and ordinance and the appropriate fee has been paid, the city shall issue a rental registration certificate for the premises. However, if, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date before which such violation shall be corrected. If such violation has been corrected within that period, the city shall issue a rental registration certificate for the premises. If such violations have not been corrected within that period, the city shall not issue the rental registration certificate and may take any action necessary to enforce compliance with applicable city codes and ordinances. If such uncorrected violations do not pose an immediate threat to the health, safety, and welfare of the occupants, the city manager or designee may authorize the occupancy of the premises for a period not to exceed 90 days. 113.7 Request for inspection. The owner of any dwelling subject to this division [article] may request inspections of said dwelling at any time. 113.8 Certificate expiration date. The rental registration certificate issued pursuant to this division shall expire two years from the date of the biennial inspection. The rental registration certificate shall have the expiration date prominently displayed on its face. 113.9 Certificate transferability. A rental registration certificate issued pursuant to this division shall be transferable to succeeding owners; provided that within five days of the transfer, the transferor shall provide written notice of said transfer to the Chief Building Official or designee. Such notice shall contain the name and address of the succeeding owners. The failure to provide such notice may result in the suspension or revocation of the certificate of occupancy. 113.10 Certificate availability. Upon the request of an existing or prospective tenant, the owner or the owner's agent shall produce the rental registration certificate. 113.11. Suspension or revocation of certificate. If the Chief Building Official or designee, after a hearing before the Chief Building Official or designee determines that any person has failed to comply with this article or any applicable city code or ordinance, the Chief Building Official or designee may suspend or revoke the rental registration certificate held by that person. Such a hearing shall be held not less than seven calendar days after notice of time, place, and subject of the hearing has been sent to the certificate holder at the holder's last known address or business address. The city's representative shall present evidence in support of the suspension or revocation, and the certificate holder shall be permitted to rebut such evidence and present any other evidence that is, in the discretion of the Chief Building Official, relevant and material. Based upon the evidence presented at the hearing, the hearing officer shall issue a written decision. The suspension or revocation of any rental registration certificate shall not release or discharge the certificate holder from paying any fees due to the city, nor shall such certificate holder be released from prosecution for violating any code or ordinance. 113.12 Maintenance of records. All records, files, and documents pertaining to this article shall be maintained by the building inspection department and made available to the public as allowed or required by state law or city ordinance. 113.13 Exemptions. The provisions of this article shall not apply to hospital units, nursing units or retirement-home units licensed by the state located within the city, all of which shall be specifically exempt from registration under this article. 113.4. Fees. A fee schedule as established by resolution of the city shall be charged for compliance with this article. 113.15 Nuisance, injunction. Any violation of this article is hereby declared to be a nuisance. In addition to any other relief provided by this article, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. 113.16 Other actions, prosecution, court cases. Nothing in this article shall prevent the city from taking action under any of its city fire, housing, zoning or other health safety codes for violations thereof to seek injunctive relief or criminal prosecution of such violations in accordance with the terms and conditions of the particular ordinance or code under which the city would proceed against the property owner, designated property manager or occupant of any residential rental dwelling unit covered by this registration and inspection article. 12. Section 202 add new definitions to read as follows: BOARDINGHOUSE, ROOMING HOUSE, LODGING HOUSE AND TOURIST HOUSE. Building arranged or used for the lodging, with or without meals, for compensation, by individuals who are not members of the family. FENCE. Any wall or structure more than 18 inches in height erected or maintained for the purposes of enclosing, screening, restricting access to or decorating the surrounding lot, parcel, building or structures. FRONT YARD. Open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. GRAFFITI. Words, phrases, designs, symbols, letters, or drawings written, painted, or scratched on sidewalks, fences, walls, windows, walls of buildings, trees, or other structures or items. HIGH-RISK ITEMS. Unsafe or unsanitary plumbing, electrical hazards, unsanitary conditions, missing or inoperable smoke detectors, structural hazards, inadequate heat (as required by the International Building Code), improperly secured premise, inadequate exits. HOTEL. A room or rooms in any building or structure kept, used, maintained, advertised or held out to the public to be an inn, motel, hotel, apartment hotel, lodging house, boarding house, rooming house, tourist house, dormitory or place, where sleeping, rooming, office, conference or exhibition accommodations are furnished for lease or rent, whether with or without meals. LANDLORD. Any owner, resident or non-resident, who leases or rents his single-family residence to another. MULTIFAMILY DWELLINGS. A building or portion thereof containing more than two dwelling units. NUISANCE. The following shall be defined as nuisances whatever is dangerous to human life or is detrimental to health, as determined by the health officer, including but not limited to the following: a. Any public nuisance known at common law. b. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; un-fenced privately owned playground equipment; or any lumber, trash, fences, brush, debris or vegetation which may be hazardous for children; c. Graffiti of any type; d. Any tree, shrub, or other plant which creates a hazard or risk of damage or destruction to persons or property; e. Any substandard condition under this code. PERSON. An individual, corporation, partnership or any other group acting as a unit and/or as a legal entity. PERMANENT RESIDENT. Any person who occupies or has the right to occupy any room or rooms in a hotel or motel for at least thirty (30) consecutive days. PROPERTY MANAGER. A person other than the owner that has managing control of a rental property. REAR YARD. A space unoccupied by principle structure extending for the full width of the lot between a principle structure and the rear lot. RENT. The offering, holding out or actual leasing of a rental unit to an occupant other than the owner and generally involves the payment of a rental amount although other forms of consideration may be involved or no consideration at all may be involved. RENTAL PROPERTY. Any single family dwelling, two-family dwelling, multifamily dwelling, town home, dormitory, boardinghouse, lodging house, tourist house, rooming unit or combination of any such dwelling unit as defined herein. REPAIR. The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term “repair” or “repairs” shall not apply to any changes of construction. REPAIR, FENCE. The construction or repair of fifty percent (50%) or less of the perimeter of an existing fence. REPLACE, FENCE. The construction, reconfiguration, relocation or repair of fifty percent (50%) or more of the perimeter of an existing fence. SIDE YARD. An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot, and extending through the street or the front line shall be deemed a side yard. SINGLE-FAMILY DWELLING, ATTACHED. A building located on a separately platted lot with use and occupancy identical to other single-family dwellings except without the required yard setbacks in front, side or rear. This is a structure that has one or more walls extending from ground to roof separating it from adjoining structures and sometimes referred to as townhouses. SINGLE-FAMILY DWELLING, DETACHED. A building designed for one family in a single dwelling unit. This shall include manufactured homes as defined herein. TWO-FAMILY DWELLING (DUPLEX). A building containing two dwelling units. TRASH AND DEBRIS. All manner of refuse including, but not limited to: mounds of dirt; piles of leaves, grass and weed clippings; paper trash; useless fragments of building material; building materials that have not been in use in over 30 days; rubble; furniture other than furniture designed for outside use; useless household items and appliances; items of salvage, such as scrap metal and wood; old barrels; tires; objects that hold water for an extended time; tree and brush trimmings and other miscellaneous wastes or rejected matter. VEHICLE. Any and every device in, upon or by which a person or property is or may be transported, drawn or moved upon a street, highway, waterway or airway and shall include but is not limited to any automobile, bus, truck, tractor, motorhouse, farm machinery, motorcycle, scooter, moped, all-terrain vehicle, boat, boat trailer, aircraft, recreational vehicle, golf cart, go-cart, trailer, fifth wheel trailer, camper, camper shell, wheeled towing frame, semi tractor, semi tractor trailer, truck bed mounted on a chassis and mobile home. This definition does not include non-motorized bicycles, small engine lawn mowers and devices of similar scale. VEHICLE, INOPERATIVE. A vehicle without a motor, including but not limited to trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. VEHICLE, SPECIAL. A vehicle designed and used primarily for recreational uses. A special vehicle shall be, but is not limited to, the following: motor home, motorhouse, camper, camper shell, boat on or off of a trailer, RV, fifth wheel trailer or any similar vehicle. VEHICLE, UTILITY. A vehicle designed and used primarily for utilitarian uses. A utility vehicle shall be, but is not limited to, the following: trailer, tractor, farm machinery, boat trailer without a boat, truck bed mounted on a chassis, wheeled towing frame, utility trailer, boxed trailer, flat bed trailer, car carrier, panel truck or other similar vehicle. URBAN NUISANCE. A premises or structure that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; regardless of its structural condition, is unoccupied by its owner, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or boarded up, fenced, or otherwise secured in any manner if: the structure constitutes a danger to the public even though secured from entry; or the means used to secure the structure are inadequate to prevent unauthorized entry or use of the structure. 13. Section 302.2 shall be amended to read as follows: 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Furthermore, no filling, excavation or other improvement shall be performed or constructed on any property which will have an adverse effect on an existing drainage pattern on an adjacent property. Exception: Approved retention areas and reservoirs. 14. Section 302.3 shall be amended to read as follows: 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions, mud, debris, frozen precipitation or other obstruction that would impair or prevent their use. 15. Section 302.4 shall be amended to read as follows: 302.4 Weed(s), brush and other material over 12 inches high. It shall be unlawful for any person owning or occupying any real property within the corporate limits of the city to permit weed(s) or any other combustible material to grow to a height greater than 12 inches upon any such real property including but not limited to alleys, city r.o.w., and utility easements. All vegetation, not regularly cultivated, and which exceeds 12 inches in height shall be presumed to be a fire hazard and constitute a nuisance. Exception: With respect to lots, tracts or parcels of land designated for agricultural use by the appropriate County Appraisal District and/or lots, tracts or parcels zoned Agricultural District as per the City of Coppell Zoning Map, the provisions of this section shall not apply to any area greater than 50 feet from any property line and right-of-way line of such street or thoroughfare. Furthermore, crop shall not grow to a height greater than 4 feet. 16. Add Sections 302.4.1 thru 302.4.11 to read as follows: 302.4.1 Groundcover. All groundcover including but not limited to grass, weed(s), ivy, and other decorative groundcovers shall be maintained by mowing, trimming, and/or edging so as to be in conformance with Section 302.4 of this section and shall be maintained so as not to encroach over the edge of sidewalks, pedestrian ways, driveways, flatwork, curbs, and street pavement. This shall not preclude the use of permeable pavement or permeable flatwork techniques that incorporate groundcover in their design provided the areas are maintained in accordance with this section. 302.4.2 Objectionable matter. It shall be the lawful duty of any person owning or occupying real property, within the corporate limits of the city, to keep such property free from rubbish, and other objectionable, unsightly, or unsanitary manner. It shall further be the lawful duty of any person owning any building, establishment, or real property, to keep such improvements or property free from filth, carrion, or other impure or unwholesome matter. 302.4.3 Stagnant water. It shall be unlawful for any person owning or occupying real property, within the corporate limits of the city, to permit stagnant water therein, and it shall be the duty of said persons to fill up, drain, or regrade any lot, ground or yard which has stagnant water therein. 302.4.4 Notice to owner(s) or to person(s). Notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the owner(s) or to person(s) responsible for the violation as specified in this code. 302.4.5 Subsequent violations within one year. The city, in the notice of violation, may inform the owner(s) or person(s) responsible in the manner prescribed in Sections 107.2 and 107.3 that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owners expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by this article and assess expenses as provided by this article. 302.4.6 City may perform work and charge expenses. If the owner or occupant of property in the city does not comply with a requirement in this article within ten days of notice of a violation, the city may do the work or make the improvements required and pay for the work done and improvements made and charge the expenses to the owner of the property. The expenses incurred by the City of Coppell, with city council approval, pursuant to the correcting of conditions as set forth in this article, shall be assessed against the real estate on which the work is done or improvements made. 302.4.7 Expenses of compliance. In the event that it becomes necessary for the city to go onto property and do, or cause to be done, the work necessary to compel compliance with the requirements of this article, the following expenses shall be charged, levied, assessed and collected against such property: 1. Actual costs of necessary work; 2. $100.00 administrative fee; and 3. Ten percent interest per year. 302.4.8 Assessments of expenses. In the event the owners of premises upon which work was performed by the city and charges incurred, fails or refuses to pay such charges and expenses within 60 days after the work was done, the city tax assessor and collector shall file with the county clerk of Dallas County a lien statement which describes the expenses the city has incurred pursuant to the provision of this article, the name of the owner, if known, and the legal description of the property. This lien is security for the expenditures made and interest occurring at the rate of ten percent on the amount due from the date of payment by the municipality. This lien is inferior only to tax liens and liens for street improvements. 302.4.9 Foreclosure. The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due in any lien obtained pursuant to this article. 302.4.10 Additional authority to abate dangerous weed(s). 302.4.10.1 Notwithstanding the other provisions to this article, the city may abate, without notice, weed(s) that have grown higher than 48 inches and are an immediate danger to the health, life, or safety of any person. 302.4.10.2 If the city abates weed(s) under this section, the city shall give notice to the property owner in a manner required by Sections 107.2 and 107.3 not later than the tenth day after the date that the city abates weed(s) under this section. This notice shall contain: 1. An identification, which is not required to be a legal description, of the property; 2. A description of the violations of the ordinance that occurred on the property; 3. A statement that the city abated the weeds; and 4. An explanation of the property owner's right to request an administrative hearing about the city abatement of the weeds. 302.4.10.3 The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weed(s), the property owner files with the city a written request for a hearing. 302.4.10.4 An administrative hearing conducted under this section shall be conducted no later than the 20th day after the date a request for hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weed(s). 302.4.10.5 Expenses under this section may be assessed in liens created under the same conditions expressed in this article. The grant of authority in this section is in addition to all other powers granted by this article. 302.4.11 Maintenance of subdivision. Within the boundaries of a subdivision plat, the homeowner's association shall be responsible for maintaining all common areas, and shall be considered the owner or occupant of the common areas for purposes of this article. 17. Section 302.7 shall be amended to read as follows: Section 302.7 Accessory structures. All accessory structures, including detached garages, carports, awnings, patio covers, sheds, storage buildings, retaining walls, fences and walls, shall be maintained structurally sound and in good repair. 18. Add Sections 302.7.1 and 302.7.2 to read as follows: Section 302.7.1 Portable storage container(s) and/or unit(s). It shall be unlawful for any person, occupant, or owner to place on any public street or city right-of-way a portable storage container(s) and/or unit(s)including but not limited to PODS, Mobile Mini, Smart Box, and Mini Storage units. Furthermore, such portable storage container(s) and/or unit(s) shall not be placed on any property for a period longer than forty-five (45) consecutive days. Section 302.7.2 Fences and retaining walls. All fences and retaining walls shall be maintained reasonably plumb and structurally sound. Fences and retaining walls that are broken, loose, damaged, missing parts (i.e. pickets, slates, posts, wood rails, brick, and panels) shall be repaired, replaced or removed. Each structural and decorative member of a fence or a retaining wall shall be free of deterioration and be compatible in size, material, and appearance with the remainder of the fence or retaining wall. A fence or retaining wall that has deteriorated to a condition that is likely to fall or if any portion of the fence is more than 15 degrees out of vertical alignment shall be repaired, replaced, or removed. Fences or retaining walls shall not be externally braced in lieu of replacing or repairing steel posts, columns, or other structural members. 19. Add Section 302.8.1 to read as follows: Section 302.8.1 Parking regulations. No vehicle, special vehicle, and/or utility vehicle shall be parked on any lot unless parked on a concrete driveway or solid concrete slab. Certain vehicles, such as, but not limited to any trailer, boat, boat trailer, stock trailer, camper trailer, semitrailer, mobile home, truck tractor, recreational vehicle or bus shall be parked on any public street within any residential area of the city for a period longer than two hours. 20. Add Section 302.10 to read as follows: Section 302.10 Glare. Exterior lights placed or erected on private property shall be shielded, placed or erected so as not to create a traffic hazard or a public nuisance. 21. Add Section 302.11 to read as follows: Section 302.11 Trees, shrubs and plants. Trees, shrubs, and plants shall not obstruct the access to or from any door or window of any structure which is used, or is required by city codes and ordinances to be used, for ingress or egress. Trees, shrubs, or plants that are dead and/or which are hazardous to persons or property shall be removed. Foliage of hedges, trees, and shrubs in public rights- of-way shall be maintained by the property owner adjacent to the right-of-way, such that the minimum overhang above a sidewalk shall be seven (7) feet. The minimum overhang above a street, alley, or public driveway shall be fourteen (14) feet. 22. Add Section 302.12 to read as follows: Section 302.12. Nuisances. All properties shall be maintained free of any nuisances. 23. Add Section 302.13 to read as follows: Section 302.13 Erosion Control. The unpaved areas of the property shall be maintained with grass, ground cover, or other type of landscaping to such an extent that the soil, when wet, will not be picked up and spread to sidewalks or adjacent private or public property and is not subject to erosion during rains. 24. Add Section 302.14 to read as follows: Section 302.14 Antennas, towers, stacks, etc. Antennas, towers, stacks, satellite dishes, and similar structures must be maintained structurally sound, free of deterioration, firmly secured, and must comply with applicable requirements of the City of Coppell Zoning Ordinance, as amended. 25. Add Section 302.15 to read as follows: Section 302.15 Residential Outside Storage. It shall be unlawful for any person to allow, permit, conduct or maintain any outside storage on any portion of a lot or tract, unless screened from public view. Prohibited outside storage shall include, but is not limited to, the following: Building and landscape material (exception: allowed only during an active remodeling permit) including firewood, chemicals; items associated with a home occupation; or other matter associated with nonresidential activity, appliances and or furniture not designed for outdoor use; appliances designed for outdoor use but not currently installed; tools, equipment not connected with a residential use; lawn maintenance equipment; motor vehicle parts and/or accessories; other items or personal property which are not customarily used or stored outside and which are not made of a material that is resistant to damage or deterioration from exposure to the outside environment; or trash, garbage or other refuse. 26. Section 304.3 shall be amended to read as follows: [F] Section 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property and rear alleyway where such alleyway exists. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 27. Section 304.15 Doors shall be amended to read as follows: Section 304.15 Doors. All exterior doors, garage doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 28. Add Section 304.19 Burglar bars to read as follows: Section 304.19 Burglar bars. Burglar bars shall comply with requirements of the building code and other codes or ordinances of the city. Burglar bars on windows of bedrooms of residential structures shall be constructed and mounted in such a way so as to be operable and openable from the interior of the residence.” Section 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. Section 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offence, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the _______day of _______________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _______________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire/Building Insp. January 11, 2011 23 ✔✔ ORDINANCE Consider approval of an Ordinance to adopt the 2009 Edition of the International Residential Code, as amended, providing an effective date, and authorizing the Mayor to sign. This code has been recommended for approval by the Building and Standards Commission, following a Public Hearing before the Board on December 13, 2010. Please see attached memos from Fire Chief Kevin Richardson and Chief Building Official Michael Arellano and backup documentation under item #1. Staff recommends approval. (09BI International and National Code AN 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 15 ARTICLE 15-8 TO ADOPT THE INTERNATIONAL RESIDENTIAL CODE, 2009 EDITION, AS THE CITY OF COPPELL RESIDENTIAL BUILDING CODE; PROVIDING AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE 2009 EDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; EXCEPT HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 Ordinances of the City of Coppell, Texas be and the same is hereby amended by amending Chapter 15, Article 15-8 in part to adopt the International Residential Code, 2009 Edition, with amendments to read as follows: “ARTICLE 15-8. RESIDENTIAL CODE Sec. 15-8. Residential Code - Adopted. There is hereby adopted the International Residential Code, 2009 Edition, and made a part hereof for all purposes, the same as if fully copied in full herein, with the exception of such sections hereof, which are hereafter deleted, modified or amended. Section 15-8-2 Amendments. The following sections of the International Residential Code, 2009 Edition, are hereby amended to read as follows: 1. Amend Section R102.4 to read as follows: R102.4 Referenced Codes and Standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the 2011 National Electrical Code as adopted. 2. Section R105.2, shall be amended to read as follows: R105.2 Work Exempt from Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,927L) and the ratio of the height to diameter does not exceed 2 to 1. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 3. Prefabricated swimming pools that are less than 24 inches (610mm) deep or have walls entirely above the adjacent grade and if the capacity does not exceed 5000 gallons (18927 L). 5. Swings and other playground equipment accessory to a one- or two-family dwelling. 6. Window awnings supported by an exterior wall. 3. Amend Section R106.1, to read as follows: R106.1 Submittal Documents. Two complete sets of construction documents, special inspection and structural observation programs and other data shall be submitted with each permit application. The foundation plans and details as well as other engineered design plans and details shall be prepared by a Texas registered design professional. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a Texas registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 4. Section R110 (R110.1 through R110.4) shall be deleted. 5. Amend Sections R112.1.1 and R112.1.3, to read as follows: Section R112.1.1 Building and Standards Commission. The Building and Standards Commission shall act as the Board of Appeals. 6. Section R112.3 Qualifications shall be deleted. 7. In Section R202, add a new definition, to read as follows: Section R202. Townhouse. A single family dwelling unit constructed in a group of attached units separated by a property line in which each unit extends from foundation to roof and with an open space on at least two sides. 8. Table R301.2 (1); fill in as follows: (No changes to footnotes) TABLE R301.2(1) GROUND SNOW LOAD WIND SPEEDd (mph) SEISMIC DESIGN CATEGORYf 5 lb/ft2 90 (3-sec-gust)/75 fastest mile A SUBJECT TO DAMAGE FROM Weatheringa Frost line depthb Termitec moderate 6” very heavy WINTER DESIGN TEMPe ICE SHIELD UNDER- LAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj 22oF No local code 69oF 64.9oF No change to footnotes 9. Amend Section R301.8 to read as follows: R301.8 NFPA 13R Sprinkler Systems. When buildings of Group R used for single and two family dwellings have a total floor area in excess of 10,000 square feet, including garages and open covered porches, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. 10. In Section R302.1, add a fourth exception, as follows: 6. Open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of such is approved as required by other adopted ordinances. 11. R302.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior walls. Exception: A common two-hour fire-resistance-rated wall assembly, or 1-hour fire-resistance-rated wall when equipped with a sprinkler system, assembly tested in accordance with ASTME 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with Chapters 34 through 43. Penetrations of electrical outlet boxes shall be in accordance with Section R302.4. 12. R302.2.4 Structural Independence. Each individual townhouse shall be structurally independent. Exceptions: 1. Foundations supporting exterior walls or common walls. 2. Structural roof and wall sheathing from each unit may fasten to the common wall framing. 3. Nonstructural wall and roof coverings. 4. Flashing at termination of roof covering over common wall. 5. Townhouses separated by a common two-hour fire-resistance-rated wall, or 1-hour fire-resistance-rated wall when equipped with an automatic sprinkler system as provided in Section R302.2. 13. Amend Section R302.3 to read as follows: Exceptions: 1. Existing exception unchanged 2. Existing exception unchanged 3. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. 14. Amend Section R302.7 to read as follows: R302.7 Under-Stair Protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8 inch (15.8 mm) fire-rated gypsum board or one-hour fire resistive protection. 15. In Section R303.3, amend exception to read as follows: Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 1. The minimum ventilation rates shall be 50 cubic feet per minute (24 L/s) for intermittent ventilation or 20 cubic feet per minute (10 L/s) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside. 2. Bathrooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recalculating fan or similar device designed to remove odors from the air. 16. Amend Section R311.7.5, to read as follows: R311.7.5 Landings for Stairways. There shall be a floor or landing at the top and bottom of each stairway. Exception: A flight of stairs shall not have a vertical rise larger than 12 feet (3658 mm) between floor levels or landings. The width of each landing shall not be less than the width of the stairway served. Every landing shall have a minimum dimension of 36 inches (914 mm) measured in the direction of travel. 17. Add Section R325.1, to read as follows: R325.1 Premises Identification. Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible from the street fronting the property. In cases where there is alley access the address numbers shall also be plainly visible on that side as well. Numbers shall be a minimum of 4 inches (50 mm) in height and of a contrasting color from their background. 18. Amend Section R602.6.1, to read as follows: R602.6.1 Drilling and Notching of Top Plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall, necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054 inch thick (1.37 mm) (16 Ga) and 5 inches (127 mm) wide shall be fastened across and to the plate at each side of the opening with not less than eight 10d (0.148 inch diameter) having a minimum length of 1 ½ inches (38 mm) at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure R602.6.1. Delete Figure R602.6.1 and insert the following figure: 19. Amend Section R703.7.4.1, to add a second paragraph to read as follows: For 2.67 square feet (0.248 m2) of wall area, the following dimensions shall be adhered to: 1. When ties are placed on studs 16” in. (407 mm) o.c., they shall be spaced no further apart than 24” (737 mm) vertically starting approximately 12 in. (381 mm) from the foundation. 2. When ties are placed on studs 24 in. (610 mm) o.c., they shall be spaced no further apart than 16 in. (483 mm) vertically starting approximately 8 in. (254 mm) from the foundation. 20. Section R902.2, Wood Shingles and Shakes, shall be deleted, as they are prohibited for roof coverings. R902.3. Minimum Roof Class. All roof coverings shall be a minimum Class C. 21. Amend Chapter 11 to reflect mandatory compliance with all requirements of the 2009 IECC. 22. Add Section N1102.2.12., to read as follows: N1102.2.12. Insulation installed in walls. Insulation batts installed in walls shall be totally surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing or other equivalent material approved by the building official. 23. Amend Section M1305.1.3, to read as follows: M1305.1.3 Appliances in Attics. Attics containing appliances requiring access shall be provided…(bulk of paragraph unchanged)…from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5, not less than 30 inches wide. A level service space at least 30 inches deep and 30 inches wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair 2. A pull-down stair 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 24. In Section M1305.1.3.1, add a sentence to read as follows: Low voltage wiring of 50 volts or less shall be installed in a manner to prevent physical damage. 25. In Section M1305.1.4.3, add a sentence to read as follows: Low voltage wiring of 50 volts or less shall be installed in a manner to prevent physical damage. 26. Add Section M1501.2, to read as follows: M1501.2 Exhaust Duct Size. The minimum diameter of the exhaust duct shall be as recommended by the manufacturer, shall be at least the diameter of the appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along its developed length or at the point of termination. 27. Amend Section G2415.10, to read as follows: G2415.10 (404.10) Minimum Burial Depth. Underground piping systems shall be installed a minimum depth of 18 inches below grade. 28. Amend Section G2417.1 to read as follows: G2417.1 (404.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.7.4 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. 29. Amend Section G2417.4, to read as follows: G2417.4 (406.4) Test Pressure Measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. For tests requiring a pressure of 3 psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrimination and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrimination and a pressure range not to exceed 20 psi. 30. Amend Section G2417.4.1, to read as follows: G2417.4.1 (406.4.1) Test Pressure. The test pressure to be used shall be not less than 3 psig (20 kPa gauge), or at the discretion of the code official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. 31. Amend Section G2417.4.2, to read as follows: G2417.4.2 (406.4.2) Test Duration. The test duration shall be held for a length of time satisfactory to the code official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the code official, but in no case for less than thirty (30) minutes. 32. Add Section G2420.1.4, to read as follows: G2420.1.4 Valves in CSST Installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. 33. Section P2603.6.1 to read as follows: P2603.6.1 Sewer Depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. 34. Amend Section P2902.4.3, to read as follows: P2902.5.3 Lawn Irrigation Systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. 35. Appendix G: Appendix G, Swimming Pools, Spas and Hot Tubs are adopted as part of the code.” SECTION 2. If any section, subsection, paragraph, sentence, phrase or work in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 3. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or 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 Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this the __________ day of ___________________, 2011. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager January 11, 2011 24 ✔ PROCEDURAL Consider adoption of the Legislative Agenda for the 2011 Legislative Session. Staff recommends approval. !Legislative - 1 AR CITY OF COPPELL LEGISLATIVE PRIORITIES 2011 The following issues and stated positions are consistent with the positions held by the Mayor & Council in recent legislative years. The items identified are related to potential and likely legislation that is anticipated to be considered during the 2011 session. Property Tax Caps –Oppose any and all efforts to implant ad valorem property tax caps. Revenue Caps –Oppose any legislation or attempt to alter the manner in which the municipalities in the State of Texas currently generate revenues. Expenditure Limitations – Oppose any legislation that would limit the elected mayors and councils of Texas municipalities from adopting budgets that they deem appropriate for their respective communities. Sales Tax Legislation – Oppose any attempt to change the current sourcing of sales tax remittance from the current origin of sale method to any method that would include destination as the manner in which sales tax remittance is calculated. In addition, the city of Coppell also opposes any attempt to adopt the Streamlined Sales Tax measure as has been discussed in the past, and as it currently is being considered. Collective Bargaining – Oppose any and all efforts to mandate collective bargaining of any segment of municipal employees, be they public safety or otherwise. Transportation – The City of Coppell supports the Regional Transportation Council’s legislative agenda. Alcoholic Beverage Sales – Oppose any further loosening of the restrictions regarding the proximity to schools, parks, and churches where alcoholic beverages can be sold. Eminent Domain – Oppose any further erosion of a municipality’s ability to use the eminent domain procedure in order to obtain necessary property as is deemed necessary by locally elected mayors and city councils. Oil and Gas Wells – Support any efforts that would provide municipalities more ability to control the site of oil and gas wells as they relate to residential developments, any occupied buildings, and environmental sensitive areas such as creeks, rivers and drainage ways. Red Light Cameras – Continue to support the current legislation allowing a municipality to operate red light traffic cameras for the purposes of enhancing public safety at major intersections. AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: 25 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: 26 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the meeting with State Legislators on Coppell legislative priorities. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: 27 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 11, 2011 ITEM #: 28 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 11, 2011 Department Submissions: Item Nos. 10, 11, 12 and 13 were placed on the Agenda for the above- referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Item Nos. 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 were placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Fire Department CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 11, 2011 Department Submissions: Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)