Ordinance apprv'd 11/11/03AGENDA REQUEST FORM
COPFELL
DEPT: Planning
DATE: November 11, 2003
ITEM #: 10/F
1TEM CAPTION:
Consider approval of an Ordinance for Case No. PD-176R3, Bethel Road Estates, Phase II, zoning change from
PD-176R2 (Planned Development-176 Revision 2) to PD-176R3 (Planned Development-176 Revision 3), to
reduce two lots to one to allow the development of one single-family home on 1.04 acres of property located along
the north side of Bethel Road approximately 120 feet east of Hearthstone Lane, and authorizing the Mayor to sign.
GOAL(S): II~
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
N/A
N/A
Motion to Approve
Ord. # 91500-A-356
M - Tunnell
S - Raines
Vote - 7-0
On August 21, 2003, the Planning Commission approved this zoning change (5-1) with Commissioners
McCaffrey, Kittrell, McGahey, Halsey and Foreman voting in favor. Commissioner Reese opposed.
On September 9, 2003, Council unanimously approved this zoning change (6-0).
Staff recommends approval.
DIR. REVIEW: ?t ~y~ FIN. REVIEW: -~,
Agenda Request Form - Revised 09/02
CM REVIEW: }~
Document Name: ~PD-176R3 ORD I-AR (Consent)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. q/~ - ~ -
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-176R2" (PLANNED
DEVELOPMENT-176 REVISED 2) TO "PD-176R3" (PLANNED
DEVELOPMENT - 176 REVISED 3) TO ALLOW FOR REDUCTION OF
TWO LOTS TO ONE AND TO ALLOW THE DEVELOPMENT OF ONE
SINGLE-FAMILY HOME ON 1.04 ACRES OF PROPERTY LOCATED
ALONG THE NORTH SIDE OF BETHEL ROAD APPROXIMATELY 120
FEET EAST OF HEARTHSTONE LANE, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR
THE APPROVAL OF A REVISED SITE PLAN AND REVISED ZONING
EXItlBIT, ATTACHED HERETO AS EXHIBITS "B" AND "C",
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 goveming 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-176R3
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, 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-176R2" (Planned
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Development 176 Revised 2) to PD-176R3 (Planned Development - 176 Revised 3) to allow for
reduction of two lots to one and to allow the development of one single-family home on 1.04 acres
of property located along the north side of Bethel Road approximately 120 feet east of Hearthstone
Lane, 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
following development conditions set forth:
A. That the property shall be developed in accordance with the development conditions
contained in PD-176R2 as follows:
1. On Lot 1R, no garage door(s) shall face Bethel Road.
2. All garage entries shall be swing-entry and screened from
adjacent residential property to the west.
3. All rear fences on the west side shall be decorative metal.
4. All driveways shall be 14' in width.
5. No structures can be built within the 100-year floodplain,
including swimming pools and fences.
6. Botanical names must be shown on the Landscape Plan.
7. All plant materials must meet plant palette under applicable city
ordinances.
8. A tree removal permit is required for any tree which will be
removed.
be developed in accordance with the following PD Conditions as
PD- 176R3:
Lot 1R Fencing: read fences shall be 4' tall decorative metal,
west side yard fences shall be 4' to 8' tall decorative metal and
east side yard fences shall be 4' to 8' decorative metal or wood.
Front fencing, shall be as shown on PD-176R3 site plan.
2. Chimneys may extend above the maximum roofline height of 35
feet.
3. This lot shall have no alleys.
4. Lot 1R shall provide eight-3" caliper replacement trees.
5. Vehicles shall not be allowed to back onto Bethel Road.
B. That the property shall
herein established for
1.
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SECTION 3. That the Revised Site Plan and Revised Zoning Exhibit, attached hereto as
Exhibits "B" and "C", respectively, and made a part hereof for all purposes, are hereby, approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by 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 tiffs 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 pan 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
a fine not to exceed the stun 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.
3 59349
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
~.~e~~ 003.
D(~U~XSn'N. ~k.T~ MAYOR
ATTEST:
UBBY ~3AEI~, ~ SEC~y
A~PROVED AS TO FO~: ~ //
~OBE~Td~/~;~Y AT~Y
l/~t/"~day of
4 59349
LEGAL DESCRIPTION
WHEREAS THE HOLMES BUILDERS, INC. THE OWNER OF LOT 1R OF THE BETHEL ROAD
ESTATES, PHASE Il EDITION, SITUATED IN THE J.W. ANDERSON SURVEY, ABSTRACT NO.
18, AN ADDITION TO THE CITY OF COPPELL, ACCORDING TO THE MAPS RECORDED IN
VOLUME 2001044, PAGE 03710, MAP 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 THE NORTHEAST CORNER OF LOT 17,
BLOCK 1, OF OLD COPPELL ESTATES AN ADDITION TO THE CITY OF COPPELL AS
RECORDED IN VOLUME 96020, PAGE 2443, MAP RECORDS, DALLAS COUNTY, TEXAS;
THENCE S 85'23'37" E, 176.28 FEET TO A 1/2 INCH IRON ROD SET IN THE MOST
WESTERLY SOUTHEAST LINE OF LOT 9, BLOCK 1, BIG CEDAR ADDITION, AN ADDITION
TO SAID CITY AS RECORDED IN VOLUME 92125, PAGE 3455, MAP RECORDS, DALLAS
COUNTY, TEXAS;
THENCE S 53'47'$8" E, 13.04 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHWEST
CORNER OF A TRACT OF LAND CONVEYED TO WENDY WEBSTER AS RECORDED IN VOLUME
93044, PAGE 3851, DEED RECORDS, DALLAS COUNTY, TEXAS;
THENCE S 01°00'47" W, 218.37 FEET ALONG THE WEST LINE OF SAID WEBSTER TRACT
TO A 1/2 INCH IRON ROD FOUND;
THENCE S 89'42'38" W, 201.81 FEET ALONG THE NORTH RIGHT OF WAY LINE BELTLINE
ROAD TO A 1/2 INCH IRON ROD SET;
THENCE N 04'36'23" E, 264.77 FEET ALONG THE COMMON EAST LINE OF SAID OLD
COPPELL ESTATES, BLOCK 1, AND THE WEST LINE OF BETHEL ROAD ESTATES, PHASE II,
TO THE POINT OF BEGINNING AND CONTAINING 45,.306 SQUARE FEET OR 1.04 ACRES OF
LAND, MORE OR LESS.
EXHIBIT "A"