OR 91500-A-539 PD-236R-SF-12AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500 -A -539
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 PD -236-
SF-12 (PLANNED DEVELOPMENT - 236 - SINGLE FAMILY -12) TO
PD- 236R -SF -12 (PLANNED DEVELOPMENT -236 REVISED- SINGLE
FAMILY -12) AMENDING THE DETAIL SITE PLAN TO ALLOW
THE CONSTRUCTION OF A 735 - SQUARE -FOOT CABANA
(CONTAINING A 90- SQUARE -FOOT AIR CONDITIONED
BATHROOM AND OUTDOOR LIVING AND KITCHEN AREAS),
AN ARBOR STRUCTURE, AN IN- GROUND POOL IN THE REAR
YARD OF THE PROPERTY; RELOCATING A DECORATIVE
SCREENING WALL WITH GATES ALONG THE FRONT
PROPERTY LINE, ADDING A GUARD RAIL TO THE CULVERT
AND CONSTRUCTION OF STONE VENEER FACING TO THE
EXISTING HEADWALL AND CULVERTS ON PROPERTY
LOCATED ON THE NORTH SIDE OF BETHEL ROAD, KNOWN AS
234 W. BETHEL ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A ", ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN, DETAILS/ELEVATIONS,
CABANA FLOOR PLAN, AND ELEVATIONS OF THE CABANA AND
TRELLIS, ATTACHED HERETO AS EXHIBITS `B ", "C ", "D" AND
"E ", RESPECTIVELY; 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- 236R -SF -12 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:
1
TM 41117.2.122109
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, 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 PD- 236 -SF -12
(Planned Development- 236- Single Family -12) to PD- 236R -SF -12 (Planned Development -
236 Revised - Single Family -12) amending the Detail Site Plan to allow the construction of a
735- square -foot cabana (containing a 90- square -foot air conditioned bathroom and outdoor
living and kitchen areas), an arbor structure, an in- ground pool in the rear yard of the
property; relocating a decorative screening wall with gates along the front property line,
adding a guard rail to the culvert and construction of stone veneer facing to the existing
headwall and culverts on property located on the north side of Bethel Road, known as 234
W. Bethel Road, and being more particularly described in Exhibit "A ", attached hereto and
made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with
the SF -12 zoning regulations as provided in the Code of Ordinances, except as amended herein
and following development conditions as set forth herein below;
A) Provisions of Ordinance Number 91500 -A -513, shall continue in full force and
effect except as amended herein.
B) Cabana, arbor /trellis, pool, and screening wall will be constructed in accordance
with Exhibits B through E and will require building permits prior to
construction.
C) A flood plain development permit will be required for the gate and the stone
work facing and adjacent to the culvert, as depicted on Exhibit B.
2
TM 41117.2.122109
D) No grading, adding, removing or alternating any earthen material will be
allowed in the flood plain.
SECTION 3. That the site plan, details /elevations, cabana floor plan, and elevations
of the cabana and trellis, attached hereto as Exhibits `B ", "C ", "D" and "E" respectively, and
made a part hereof for all purposes as special conditions, 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 -12 (Single Family - 12) District regulations,
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.
3
TM 41117.2.122109
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 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 , 2010.
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 1/13/10)
4
APPROVED:
JAYNE PETERS, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
TM 41117.2.122109
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.9/.Op_fj _539
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 PD -236-
SF-12 (PLANNED DEVELOPMENT - 236- SINGLE FAMILY -12) TO
PD- 236R -SF -12 (PLANNED DEVELOPMENT -236 REVISED- SINGLE
FAMILY -12) AMENDING THE DETAIL SITE PLAN TO ALLOW
THE CONSTRUCTION OF A 735 - SQUARE -FOOT CABANA
(CONTAINING A 90- SQUARE -FOOT AIR CONDITIONED
BATHROOM AND OUTDOOR LIVING AND KITCHEN AREAS),
AN ARBOR STRUCTURE, AN IN- GROUND POOL IN THE REAR
YARD OF THE PROPERTY; RELOCATING A DECORATIVE
SCREENING WALL WITH GATES ALONG THE FRONT
PROPERTY LINE, ADDING A GUARD RAIL TO THE CULVERT
AND CONSTRUCTION OF STONE VENEER FACING TO THE
EXISTING HEADWALL AND CULVERTS ON PROPERTY
LOCATED ON THE NORTH SIDE OF BETHEL ROAD, KNOWN AS
234 W. BETHEL ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN, DETAILS/ELEVATIONS,
CABANA FLOOR PLAN, AND ELEVATIONS OF THE CABANA AND
TRELLIS, ATTACHED HERETO AS EXHIBITS `B ", "C", "D" AND
"E ", RESPECTIVELY; 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- 236R -SF -12 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:
1
TM 41117.2.122109
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, 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 PD- 236 -SF -12
(Planned Development- 236- Single Family -12) to PD- 236R -SF -12 (Planned Development -
236 Revised - Single Family -12) amending the Detail Site Plan to allow the construction of a
735- square -foot cabana (containing a 90- square -foot air conditioned bathroom and outdoor
living and kitchen areas), an arbor structure, an in- ground pool in the rear yard of the
property; relocating a decorative screening wall with gates along the front property line,
adding a guard rail to the culvert and construction of stone veneer facing to the existing
headwall and culverts on property located on the north side of Bethel Road, known as 234
W. Bethel Road, and being more particularly described m Exhibit "A ", attached hereto and
made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with
the SF -12 zoning regulations as provided in the Code of Ordinances, except as amended herein
and following development conditions as set forth herein below;
A) Provisions of Ordinance Number 91500 -A -513, shall continue in full force and
effect except as amended herein.
B) Cabana, arbor /trellis, pool, and screening wall will be constructed in accordance
with Exhibits B through E and will require building permits prior to
construction.
C) A flood plain development permit will be required for the gate and the stone
work facing and adjacent to the culvert, as depicted on Exhibit B.
2
TM 41117.2.122109
D) No grading, adding, removing or alternating any earthen material will be
allowed in the flood plain.
SECTION 3. That the site plan, details/elevations, cabana floor plan, and elevations
of the cabana and trellis, attached hereto as Exhibits `B ", "C ", "D" and "E" respectively, and
made a part hereof for all purposes as special conditions, 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 -12 (Single Family - 12) District regulations,
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
govemed 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.
3
TM 41117.2.122109
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 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 2010.
ROBERT E. HAG ATTORNEY
(REH/cdb Re iewed & Revised 12/21/09)
APPROVED:
JA
4
P TERS, MAYOR
TM 41117.2.122109
LEGAL DESCRIPTION
Being o 121,292 swore foot (2.78 acre) tract of land situated in the Edward A. Crow Survey,
Abstract No. 301 and the J.W. Anderson Survey, Abstract No. 18 in the City of Coppell, Dallas
County, Texas, and being all of a tract of land conveyed to Philip A. Berkebile, Jr. and Tonna J.
Berkebile by general warranty deed recorded in Volume 2004024, Page 06015, Deed Records,
Dallas County, Texas, and being all of a tract of land conveyed to Philip A. Berkebile, Jr. and
Tonna J. Berkebile by deed recorded In Document N.o. 20080068916, Official Public Records,
Dallas County, Texas, -and being more particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found for corner, and being in the North line of Bethel Road
(a variable width .right -of -way) and being the Southeast corner of Lot 2, Block 1, BETHEL ROAD
ESTATES, on addition to the City of Coppell, Dallas County, Texas according to the plat thereof
recorded in Volume 2000134, Page 02875, Deed Records, Dallas County;
Thence North 00 degrees 17 minutes 22 seconds West, leaving the North line of said Bethel Road
and along the Eost line of said Lot 2, a distance of 372.25 feet to a 1/2 inch iron rod found
for corner, and being the Northeast corner of said Lot 2, and being in the South line of Lot 2,
Block 1, BIG CEDAR ADDITION, an addition to the City of Coppell, Dallas County, Texas according
to the plat thereof recorded in Volume 92125, Page 3455, Deed Records, Dallas County, Texas;
Thence North 84 degrees 15 minutes 45 seconds East, along the South line of Lots 2 and 1 of
said BIG CEDAR ADDITION, a distance of 128.46 feet to a PK nail found for corner, and being the
Southeast corner of said Lot 1;
Thence North 13 degrees 37 minutes 51 seconds East, along the Southeast line of said Lot 1, a
distance of 48.21 feet to a 1/2 inch Iron rod set with yellow cap stomped "D.C. &A. INC." for
corner, and being an angle point in the Southeast line of said Lot 1;
Thence North 37 degrees 23 minutes 05 seconds East, along the Southeast line of said Lot 1, o
distance of 68.20 feet to a 1/2 inch iron rod found for corner, and being the Northeast corner
of said Lot 1, and being in the Southeast line of a cul- de -soc of Brock Street (a 50 foot
right -of -way), sold point being in a non - tangent curve to the left having a radius of 50.00 feet,
a delta of 51 degrees 02 minutes 06 seconds, and a chord that bears North 65 degrees 02
minutes 38 seconds East, a distance of 43.08 feet;
Thence along the Southeast line of said cul -de -sac of said Brock Street and along said curve to
the left, on arc length of 44.54 feet to a 1/2 inch iron rod set with yellow cap stamped
"D.C. &A. INC." for corner, and being in the West line of Lot 13, Block A, COUNTRY ESTATES, an
addition to the City of Coppell, Dallas County, Texas according to the plat thereof recorded in
Volume 92188, Page 3639, Deed Records, Dallas County, Texas;
Thence South 01 degrees 10 minutes 16 seconds East, leaving the Southeast line of said
cul -de -sac of said Brock Street and along the West line of said Lot 13, a distance of 100.20
feet to a point for corner, and being in the Northwest line of Lot 11, Black A, ALEXANDER COURT,
on addition to the City of Coppell, Dallas County, Texas according to the plat thereof recorded in
Document No. 20080199412, Official Public Records, Dallas County, Texas, and being the
approximate centerline of Grapevine Creek;
Thence along the West line of Block A of said ALEXANDER COURT and the approximate centerline
of said Grapevine Creek as follows:
South 35 degrees 59 minutes 15 seconds West, a distance of 39.83 feet to a point for corner;
South 01 degrees 34 minutes 56 seconds West, a distance of 67.92 feet to a point for corner;
South 16 degrees 26 minutes 56 .seconds East, a distance of 71.49 feet to a point for corner;
South 48 degrees 27 minutes 50 seconds East, o distance o1 126.81 feet to point for corner;
South 30 degrees 59 minutes 09 seconds Eost, a distance of 228.62 feet to a point for corner,
and being the Southwest corner of Lot 9 of said ALEXANDER COURT, and being in the North line
of said Bethel Road;
Thence South 89 degrees 18 minutes 54 seconds Wesf, along the North line of said Bethel Rood,
o distance of 200.39 feet to a 1/2 inch iron rod set with yellow cap stamped "D.C. &A. INC." for
corner, and being on interior ell corner in the North line of said Bethel Road;
Thence North 01 degrees 04 minutes 43 seconds West, a distance of 48.17 feet to a 1/2 inch
iron rod found for corner, and being an exterior ell corner in the North line of Bethel Rood;
Thence South 89 degrees 42 minutes 37 seconds West, continuing along the North line of said
Bethel Road, a distance of 226.12 feet to the Point of Beginning and containing 121,292 square
feet or 2.78 acres of land.
EXHIBIT "A"
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01 ENTRY DRIVEWAY GATE
03 CULVERT GUARD RAIL
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STONE COLUMNS
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01616 um Al
01 ENTRY DRIVEWAY GATE
02 SHADE ARBOR
04 STONE VENEER HEAD WALL
02 SHADE ARBOR
04 STONE VENEER HEAD WALLS
DETAILS/ ELEVEATIONS
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