PD91R-CS000906 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law ROBERT L. DILLARD. ,JR.
H. LOUIS NICHOLS
Robert E. Hager 1800 Lincoln Plaza LAWRENCE W. JACKSON
E-mail: rhager~njdhs.com 500 North Akard OFCOUnSE~
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS@NJDHS.com '
September 6, 2000
Mr. Gary L. Sieb, A.I.C.P.
Director of Planning & Community Services
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: Ordinance 204-A-9
An Ordinance of the City of Coppell establishing a Planned
Development, commonly referred to as PD-91
Dear Mr. Sieb:
We were asked to opine as to what building regulations apply to the specific
ordinance in question. A question has arisen regarding a proposed alteration of an
existing residential structure which was built in accordance with the applicable zoning
regulations for PD-91. It appears that the homeowner at the aforementioned location
desires to make an addition to the existing residential structure.
After reviewing the applicable ordinance and building regulations concerning
Ordinance 204-A-9, we were able to learn that there are no specific alterations of the
underlying zoning classification development standards. The PD was developed under
SF-7 zoning regulations at the time of its adoption in 1981. The side yard setbacks and
other building regulations appear to be virtually unchanged to the present date. However,
there were no masonry requirements with regard to the PD or the underlying ordinances
of the City. Therefore, the SF-7 regulation which are now in place are, for all intense and
purposes, the same as the underlying PD regulations under Ordinance 204-A-9, except as
to the masonry requirement.
Traditionally we have interpreted zoning PD regulations to adopt the underlying
base zoning of the PD such as SF-7 and SF-12. Unless the ordinance specifically alters
those underlying zoning classification regulations, then those regulations would apply to
the development of the PD. In the case mentioned above it is clear that there has not
been any PD regulations which alter or amend the underlying zoning regulations for that
Mr. Gary Sieb
September 6, 2000
Page 2
underlying zoning classification. It appears from reviewing the plat and other records
concerning PD-91 that SF-7 regulations would apply, exclusive however of the masonry
requirement. Therefore, we would need to include the masonry requirement for future
additions to the existing development regulation to PD-91 when we approve this
amendment to the PD. However, for interpretive purposes, we may indicate that SF-7
regulations apply to Ordinance 204-A-9 or PD-91 unless there is an amendment or
proposed future amendment and appropriate action in accordance with the state Zoning
Enabling Act. §211.001 et seq. TEX. LOCAL GOV'T CODE.
If you have any additional questions please contact us at your convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
Robert E. Hager~,/
REH/cdb
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.