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OR 91-500-A-413 Granting a change in zoning from SF-12 to PD-210-SF-9(CH) to permit the development and redevelopment of single family residencesAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-413 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 SF-12 (SINGLE FAMILY-12) TO PD-210-SF-9(CH) (PLANNED DEVELOPMENT-210- SINGLE FAMILY-9) TO PERMIT THE DEVELOPMENT AND REDEVELOPMENT OF SINGLE FAMILY RESIDENCES ON EXISTING LOTS AND TO ALLOW THE REPLATTING OF LOTS TO A MINIMUM OF 9,000-SQUARE FEET, ON PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDES OF KAYE STREET, EAST OF COPPELL ROAD, ENCOMPASSING 35 LOTS (412 & 420 COPPELL ROAD AND 300-426 KAYE STREET), AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE TABLE OF EXISTING CONDITIONS AND EXHIBIT OF EXISTING BUILDING FOOTPRINTS, 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 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-210-SF-9(CH) 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 SF-12 (Single Family- 12) to PD-210-SF-9(CH) (Planned Development-210-Single Family-9) to permit the development and redevelopment of single family residences on existing lots and to allow the replatting of lots to a minimum lot size of 9,000-square feet, on property located along the north and south sides of Kaye Street, east of Coppell Road, encompassing 35 lots (412 & 420 Coppell Road and 300-426 Kaye Street), and more particularly described in Exhibit "A", providing for development conditions; providing for the Table of Existing Conditions and Exhibit of Existing Building Footprints, attached hereto as Exhibits "B" and "C", respectively. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: Use regulations. A building or premise shall be used as defined in the Comprehensive Zoning Ordinance only for the following purposes: 1. Any use permitted in the "SF-ED", "SF-18" or the "SF-12" districts. 2. Home occupation. 3. Such uses as may be permitted under provisions of Special Use Permits, Sections 12-30-5 and 12-30-6. Maximum height regulations. The maximum height regulations will be thirty-five (35') feet nor more than two-and-one-half stories high. All existing legal residential structures and existing lots are deemed conforming. Additions to the main structure will be permitted without platting the property as long as the addition is in accordance with the SF-9 regulations as herein specified, the addition does not exceed a fifty percent (50%) increase over the existing structure, and maximum lot coverage does not exceed thirty- five percent (35%). Platting the property shall be required prior to the issuance of a building permit issued after the effective date for primary structure construction and additions, which exceed a fifty percent (50%) increase over the existing floor area; however, the existing lot dimensions shall be deemed conforming. Construction of primary structures under Section D of this ordinance of any lots being replatted shall adhere to the regulations as set forth as follows: 1. Minimum size of yards: (A) Front yard: 25 feet. (B) Side yard: Eight feet. A side yard adjacent to a side street: 15 feet. Allowable non-residential uses: 25 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 9,000-square feet. (B) Lot width: 70 feet. (C) Lot depth: 100 feet. Minimum dwelling size: 1,600-square feet, exclusive of garages and breezeways and porches. Maximum lot coverage: thirty-five percent (35%) of the total lot area may be covered by the combined area of the main buildings and accessory buildings. Parking regulations. (A) Two enclosed parking spaces per unit are required behind the front yard line for all primary structures constructed after the effective date of this ordinance. (B) Garages may either be attached or detached from the main structure. 6. Type of exterior construction. (A) All structures in existence at the time of the enactment of this ordinance shall be considered conforming as to the masonry requirements. (B) All primary structure construction and additions shall be constructed with the following materials: at least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction (see Section 12-42-1 of the Zoning Ordinance), exclusive of doors, windows and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry, exclusive of doors, windows and the area above the top plate line. Site Plans 1. The Exhibit of Existing Building Footprints and the Table of Lot and House Sizes shall be attached to and made a part of this Ordinance, as Exhibits "B" and "C" respectively. These exhibits shall generally indicate the existing conditions within this Planned Development as of the date of its passage. Unless otherwise provided herein, Exhibits shall serve as the basis to determine the requirements for building additions, platting and interpretation of this ordinance and the provisions provided herein. Board of Adjustment has the authority to consider variances to the provisions of this PD. Platting 1. Properties must be platted in accordance with Section 12-39-1 of the Code of Ordinances of the City of Coppell prior to the issuance of a building permit for all new home construction and expansions of existing homes, which exceeds fifty percent (50%) of the existing floor area. 2. The plat, if involving four or less lots, and is in compliance with all regulations herein, and the provisions of the Code of Ordinances and the provisions of this ordinance, may be approved administratively as a Minor Amending Plat, as provided by law. 3. Notwithstanding any provisions contained herein, all plats shall provide a minimum of a ten foot (10') sidewalk and utility easement parallel and adjacent to Kaye Street. Alleys 1. Alleys shall not be required. Disasters 1. If a primary residential structure is destroyed due to a natural disaster or fire, the primary residential structure as it exists on the date of passage of this ordinance may be rebuilt in the same or better condition and materials without seeking any variances. SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 mended, 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 8. That this ordinance shall take effect immediately fi.om 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 ~t~ ~ dayof~__ ROBERT E. HAGF~ (REI-Fcdb [ r~,~ __,2005. ITY ATTORNEY only] 07/27/04) STOVER, MAYOR ATTEST: LIBBS; BALL~SEI~'RETARY 7 75470 LEGAL DESCRIPTION PD-210-SF-9 412 COPPELL RD J WANDERSON ABST 18 PG 150 TR 1 CO-DALLAS 420 COPPELL RD J WANDERSON ABST 18 PG 150 VOL82094/0654 DD04271982 CO-DC 300 KAYE ST J W ANDERSON ABST 18 PG 150 301 KAYE ST J W ANDERSON ABST 18 PG 150 VOL87159/0671 EX080487 CO-DALLAS 304 KAYE ST J W ANDERSON ABST 18 PG 150 TR 19 VOL99138/2748 DD061199 CO-DALLAS 308 KAYE ST J W ANDERSON ABST 18 PG 150 VOL88912/2494 CO-DALLAS 309 KAYE ST J W ANDERSON ABST 18 PG 150 TR 45 140X140 CO-DALLAS 312 KAYE ST J W ANDERSON ABST 18 PG 150 TR 17 ACS 0.225 VOL2002144/2927 DD07012002 CO-DC 313 KAYE ST J W ANDERSON ABST 18 PG 150 TR 44 ACS 0,215 VOL96235/0227 DDl12696 CO-DALLAS 316 KAYE ST JWANDERSONABST18PG150 TR16 317 KAYE ST J WANDERSON ABST 18 PG 150 VOL81176 PG1545 320 KAYE ST J W ANDERSON ABST 18 PG 150 PT TR 15 60X140 ACS 0,1928 VOL98088/2959 DD050198 CO-DALLAS 321 KAYE ST J W ANDERSON ABST 18 PG 150 TR 42 VOL95108/4643 DD053195 CO-DALLAS 324 KAYE ST J W ANDERSON ABST 18 PG 150 TR14&10'-I'R 15;S-2;80X140;0,2571AC CO-DALLAS 325 KAYE ST JWANDERSONABST18PG150 TR41 328 KAYE ST J W ANDERSON ABST 18 PG 150 TR 13; S-2; 70 X 140 CO-DALLAS 329 KAYE ST J WANDERSON ABST 18 PG 150 TR40 332 KAYE ST ANDERSON BLK 1 LT 12 ACS 0.22 VOL82107/0375 DD05211982 CO-DC 333 KAYE ST J W ANDERSON ABST 18 PG 150 TR 39 VOL99042/1031 DD022699 CO-DALLAS 336 KAYE ST JWANDERSONABST18PG150 TR11;S-2; 70X140 VOL98218/6376DD102996CO-DALLAS 337 KAYE ST J W ANDERSON ABST 18 PG 150 TR 38 VOL2000216/7911 DD10302000 CO-DC 340 KAYE ST J W ANDERSON ABST 18 PG 150 TR 10; S-2; 70X140 VOL99193/7222 DD092399 CO-DALLAS 341 KAYE ST J W ANDERSON ABST 18 PG 150 TR 37 CO-DALLAS 400 KAYE ST JWANDERSONABST18PG150 TR9 70X140 VOL 85076 PG 3668 CO-DALLAS 401 KAYE ST J W ANDERSON ABST 18 PG 150 TR 36 49X140 SHT 2 VOL99152/6920 DD072699 CO-DALLAS 404 KAYE ST J W ANDERSON ABST 18 PG 150 TR 8 70 X 140 VOL2001144/4680 DD07022001 CO-DC 405 KAYE ST J W ANDERSON ABST 18 PG 150 TR 35 409 KAYE ST J W ANDERSON ABST 18 PG 150 TR 34 VOL2000029/3348 CO-DC 412 KAYE ST J W ANDERSON ABST 18 PG 150 TRS 6 & 7 140 X 140 PROB 90-920-P1 CO-DALLAS 413 KAYE ST JWANDERSONABST18PG150 TR33&8'TR32 VOL93189/1980EX082793CO-DALLAS 416 KAYE ST J W ANDERSON ABST 18 PG 150 TR 5 ACS 0.22 VOL92150/1285 EX072892 CO-DALLAS 417 KAYE ST JWANDERSONABST18PG 150 TR31 &62FTTR32 VOL71091/1964 CO-DC 420 KAYE ST JWANDERSONABST18PG150 TR4 S-2 70X140 CO-DALLAS 421 KAYE ST J W ANDERSON ABST 18 PG 150 TRS 29 & 30 VOL85105 PG3815 CO-DALLAS 426 KAYE ST JWANDERSONABST18PG150 TRS2&3ACS0.45 EXHIBIT 'A' PD-210-SF-9 Kaye Street Existing Conditions Lot and House Sizes Street Name Living Lot Size Year # Area Built 412 COPPELL 1,835 29,490 1958 420 COPPELL 1,274 29,210 1954 300 KAYE 672 10,318 196C 301 KAYE 1,374 11,700 1956 304 KAYE 1,588 9,831 1958 308 KAYE 2,078 9,830 1935 309 KAYE 1,260 17,157 1965 312 KAYE 1,387 9,829 196! 313 KAYE 2,300 9,531 1965 316 KAYE 1,142 9,828 1965 317 KAYE 1,260 9,547 1948 320 KAYE 2,072 9,827 1986 321 KAYE 1,325 10,324 195{ 324 KAYE 1,566 9,825 1960 325 KAYE 1,442 9,656 1965 328 KAYE 1,344 9,824 1955 329 KAYE 1,320 8,984 1955 332 KAYE 1,969 9,823 2001 333 KAYE 1,006 9,694 1955 336 KAYE 1,329 9,822 1953 337 KAYE 1,020 9,713 1955 340 I/AYE 900 9,821 1958 341 KAYE 1,205 9,732 1956 400 KAYE 945 9,819 1955 401 :KAYE 1,014 6,963 1955 404 KAYE 1,032 9,401 1970 405 KAYE 1,913 12,557 1955 4091KAYE 1,024 9,775 1940 4t2 KAYE 1,854 21,423 1958 413 KAYE 1,184 11,529 1955 416 KAYE 1,719 8,961 1986 417 KAYE 1,133 17,761 1958 420 KAYE 1,892 8,788 1965 421 KAYE 3,396 15,471 1955 426 KAYE 15,745 IAVG II II 1,42211 6/16/2005 Exhibit "B" PD-210-SF-9 Existing Building Footprints May 2005 Exhibit "C"