Loading...
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" Alli «"w: . 01 ENTRY DRIVEWAY GATE 03 CULVERT GUARD RAIL a xe W000 .Nlv.GS. TOP A wopc e A W000 POSTS. XM MM%. 6' O.C. ICTWW* STONE COLUMNS r {Sta.c COLUMNS WITH M'I.OKFD C SS COIL fd M, MOM — „ _ -..MOM MEN �.�.� - = —�— Imo-, —.I-1 Mrs : MM. c= ■∎{,q - 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 11.6x.11.....Iprom am.bw.. ...vrM..d m m.I.l A. W.0 4 4 4 .yn 11 I w- I SCALE ..IA NWNOONNII'.SS MA mrt_ SITE ...PLAN OS {AMNA GC.7IYLK PLAN 04-CJMIM NIOCP PLAN ELECTRICAL NOTES M.N SQUARE FOOTAGE TAB GAB.. olm. •••• o w aKiAGANA PLAN 0-1.0 S COVER ELEC. PLAN ••■ 1 .. I I: I 1 I 1 I I I I I . I . I • 02-1161.115 COMM s lial -- a� r L..isor lame _....... ! is . a I_ T A2.I IICJICT 00002 ELECTRICAL SYMBOLS •• 4 =•••=1• 1- „....m. P- r h =• A 33.=..^ h• Era f F NW" t s.— 12 mu • xrzr . Ilei b a r • �� 7_re= a= • = � • I 0 3• a RRr•— i . - O Wa.:•••• G . � 1 -- • e•••••••'• • =2.— O =� 0 • =.- a = de . • s -. * =..=. –NTH • =V" • a.– • NZ I= • s ONYR= >C OS {AMNA GC.7IYLK PLAN 04-CJMIM NIOCP PLAN ELECTRICAL NOTES M.N SQUARE FOOTAGE TAB GAB.. olm. •••• o w aKiAGANA PLAN 0-1.0 S COVER ELEC. PLAN ••■ 1 .. I I: I 1 I 1 I I I I I . I . I • 02-1161.115 COMM s lial -- a� r L..isor lame _....... ! is . a I_ T A2.I IICJICT 00002 p .» •M -.N de la w R 3