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OR 91500-A-755 RVISAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-755 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 H (HISTORIC) TO PD -303-H (PLANNED DEVELOPMENT -303 -HISTORIC) AND TO ATTACH A DETAIL SITE PLAN FOR AN APPROXIMATE 1,782 SQUARE FOOT EXPANSION WITH ADDITIONAL PARKING TO AN EXISTING 1,548 SQUARE FOOT PROFESSIONAL OFFICE ON 0.6 ACRES OF LAND LOCATED AT 412 W BETHEL ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF A DETAIL SITE PLAN, LANDSCAPE PLAN & TREE SURVEY, AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS `B", "C", AND "D" RESPECTIVELY; PROVIDING DEVELOPMENT REGULATIONS; 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 -303-H 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 H (Historic) to PD -303-H (Planned Development -303 -Historic) to attach a Detail Site Plan for an approximate 1,782 square foot expansion with additional parking to an existing 1,548 square foot professional office on 0.6 acres TM 116884 of land located at 412 W. Bethel Road and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD -303-H is hereby subject to the following development regulations: A. Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with Historic zoned property as set forth in the Code of Ordinances, as amended and the requirements of PD -303-H. B. Building Plans shall be reviewed upon building permit submittal to conform with the regulations adopted herein and applicable building codes. C. On drainage plan, show the tie-in to the city's system. Detailed engineering review will be performed during engineering permit process, which shall include a tie into the City drainage plan and to provide sizes and slopes of proposed storm drains and system. D. Shall comply engineering or building official comments at the time of permitting subject to Detail Engineering Review and these regulations. E. Detail Site Plan PD Conditions: 1. A 72 linear foot encroachment into the 10' landscape perimeter area on the western property line. 2. Allowing for the existing 8' wood stockade fence to remain in lieu of a masonry screening wall (screening fence) on the eastern and northern property lines. 3. The staining, maintenance and replacement responsibility of the screening fence, as set forth hereby, including but not limited to the integrity of the building elements or materials, shall be the sole responsibility of the property owner. Such maintenance and/or repair of both sides of the screening fence shall be performed annually or more often as needed to keep said screening fence structurally in good repair. 2 TM 116884 SECTION 3. That the Detail Site Plan, Landscape Plan, Building Elevations attached hereto as Exhibits "B", "C", and "D", respectively, are made a part hereof for all purposes, and hereby approved as development regulations of the Development within the Planned Development. 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 7. 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 8. 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 9. 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 3 TM 116884 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 10. 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 A---- J 2020. CITY ATTORNEY A T: VR19TffTETtlIfOS, CITY SEC TARY 4 TM 116884 Exhibit A— Legal Description BEING ALL OF LOT 1R21R, Block 1 Vaughan Addition, described on the replat as follows: STATE OF TEXAS i1 J i'L 7 7e\e y WHEREAS David J. Barleggs, Fiona Barleggs, and TWKW Enterprises, LLC are the owners of a tract of land situated in the J. Anderson Survey, Abstract No. 18 being a portion of Lot 4R2, Block 1 of Old Coppell Estates Addition, an addition to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in Instrument No. 201100211432 of the Official Public Records of Dallas County, Texas (O.P.R.D.C.T.) also being a portion of Lot 1R2, Block 1 of Vaughan Addition, an addition the City of Coppell, as recorded in Instrument Number 201100211431, Official Public Records, Dallas County, Texas and being a portion of that same tract of land conveyed to said David J. Barleggs and Fiona Barleggs by deed recorded in Volume 2003076, Page 8813 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), together also being a portion of Lot 1R2, Block 1 of Vaughan Addition, an addition the City of Coppell, as recorded in Instrument Number 201100211431, Official Public Records, Dallas County, Texas, conveyed to said TKWK Enterprises, LLC by deed recorded in Instrument No. 201300368215 Official Public Records, Dallas County, Texas, and being all together more particularly described by metes and bounds as follows (Bearings and Distances are based on the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of 1983 (NAD83) (US Foot) with a combined scale factor of 1.000136506): BEGINNING at a 1/2 inch rebar found for the southwest comer of said Lot 1R2, same being the northwest comer of a right of way take by deed recorded in Instrument Number 200600049322, Deed Records, Dallas County, Texas and lying on the east line of a tract conveyed to Roy Onstott by deed recorded in Volume 95073, Page 51, Deed Records, Dallas County, Texas and lying on the north right of way line of Bethel Road (Variable Width Right of Way); THENCE North 00 degrees 18 minutes 06 seconds West departing the north right of way line of said Bethel Road, with the east line of said Onstott tract, passing a 3/4 inch rebar found for the northwest comer of said Lot 1R2, same being the southwest comer of said Lot 4R2, a distance of 147.53 feet, and continuing with the west line of said Lot 4R2, same being the east line of said Onstott tract, a total distance of 306.21 feet to a 1/2 inch rebar with a cap that is illegible found for the northwest comer of said Lot 4R2, same being the southwest comer of Lot 5R2, Block 1 of said Old Coppell Estates; THENCE South 89 degrees 16 minutes 10 seconds East departing the east line of said Onstott tract, with the south line of said Lot 5R2, same being the north line of said Lot 4R2, a distance of 87.43 feet to a 1/2 inch rebar capped ASC" set for corner; THENCE South 00 degrees 05 minutes 01 seconds East departing the south line of said Lot 5R2, over and through said Lot 4R2 and continuing with the east line of said Lot 1R2, same being the west line of Lot 2R, Block 1, Old Coppell Estates, an addition to the City of Coppell, as recorded in Instrument Number 201300140145, Plat Records, Dallas County, Texas, and continuing with Lot 1R, Block 1 of said second referenced Old Coppell Estates, a distance of 309.35 feet to a 1/2 inch rebar found with a cap that is illegible found for the southeast comer of said Lot 1R2 and lying on the north right of way line of said Bethel Road; THENCE North 87 degrees 10 minutes 01 seconds West departing the west line of said Lot 1R, with the north right of way line of said Bethel Road, a distance of 86.37 feet to THE POINT OF BEGINNING and containing 26,725 square feet or 0.614 acres of land, more or less. 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