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.
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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.
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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.
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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.
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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).
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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)
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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”)
6
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S. BELTLINE ROAD120' R.O.W.6
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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
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LOCATION MAP
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S. BELTLINE ROAD120' R.O.W.6
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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
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12" NUMERAL
6" NUMERAL
(REMOVEBLE)
5" CAPITAL
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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
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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)