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OR 91-500-A-139 Zoning change to to PD-SF-7, & HC; NW cor. Denton Tap Rd & SH121 bypass AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A139 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 "ITC" (HIGHWAY COMMERCIAL) AND "LI" (LIGHT INDUSTRIAL) TO "PD-SF-7" (PLANNED DEVELOPMENT, SINGLE FAMII.Y-7) AND "HC" (HIGHWAY COMMERCIAL) TO ALLOW THE DEVELOPMENT OF A 226-LOT PLANNED DEVELOPMENT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON 62.406 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF DENTON TAP ROAD AND STATE HIGHWAY 121 BYPASS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF THE LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING FOR THE APPROVAL OF THE SINGLE FAMILY HOME DEVELOPMENT REQUIREMENTS FOR ZONE "A" ATYACHED HERETO AS EXHIBIT "D"; PROVIDING FOR THE APPROVAL OF THE SINGLE FAMILY DEVELOPMENT REQUIREMENTS FOR ZONE "B", ATTACHED HERETO AS EXHIBIT "E"; 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 heating 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-134R 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 ~ CITY OF COPPEIJ, 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 S8716 1 and the same is hereby amended to grant a change in zoning from "HC" (Highway Commerdal) and "LF' (Light Industrial) to "PD-SF-7" (Planned Development, Single Family-7) and "I-lC' (Highway Commerdal) to allow the development of a 226-1ot planned development single family residential subdivision on 62.406 acres of land, located at the northwest comer of Denton Tap Road and State Highway 121 Bypass, 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 Concept Plan, Exhibit "B"; Landscape Plan, Exhibit "C"; Single Family Home Development Requirements for Zone "A", Exhl%it "D"; Single Family Home Development Requkements for Zone "B", Exhibit '%"; and the following special conditions for development. (a) The final plat for the property shall indicate in large letters (1% times normal print) that the property is in the Lewisville Independent School District; no zero-lot line homes shall be allowed. (b) Single Family Home Development Requirements for Zone "A" and "B" attached hereto as Exhibit "D" and '~E", respectively. SECTION 3. That the Concept Plan attached hereto as Exhibit "B"; the Landscape Plan attached hereto as Exhibit "C"; the Single Family Home Development Requirements for Zone "A" attached hereto as Exhibit "D"; the Single Family Home Development Requirements for Zone "B" attached hereto as Exhl%it "E"; 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. SS716 2 SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City of Coppel[, 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. SECI~ON 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. SS716 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the (/~) ,~day of .~~J~e<~, , 1996. APPROVED: TOM MORTON, MAYOR ATTEST: KA*ITILEEN A. ROACH, CITY SECRETARY APPROVED AS TO FOKM: PE'rr~ G. storm, crr~ (PGS/ttl 8/30/96) S$716 4 BOUNDARY DESCRIPTION BEING a tract of land situated in the Clarinda Squires Survey, Abstract No. 1682 and the William T. Hyder Survey, Abstract No. 1701 in Denton County, Texas and being part of a tract of land conveyed to BancPlus Savings Association by deed recorded in Volume 2583, Page 245 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a'%" iron rod at the northeast comer of the said BancPlus Savings Association tract and being the southeast comer of a tract of land conveyed to Annie Lee Roberts by deed recorded in Volume 2305, Page 131 of the Deed Records of Denton County, Texas, said point also being at the intersection of the north llne of said Clarinda Squires Survey with the west line of Denton Tap Road (an 80 foot fight-of- way); THENCE S. 00000'24'' W., 1150.96 feet along the said west line of Denton Tap Road to a ~" iron md for comer; THENCE N. 89059'36'' W., 229.41 feet leaving the said west line' of Denton. Tap Road to a 1 ~A" iron md for comer; THENCE S. 06030'48'' W., 42.10 feet to a ~" iron md for comer; THENCE S. 24°15'07'' W., 332.95 feet to a ¼" iron rod for comer; THENCE N. 89°48'36" W., 591.35 feet to a ~" iron rod for comer; THENCE N. 66°17'50'' W., 774.41 feet to a ~A" iron rod for comer; THENCE N. 62°37'41" W., 197.01 feet to a V2" iron rod for comer; THENCE N. 64°55'48'' W., 368.52 feet to a ~A" iron rod for comer, said point being on the west line of the said BancPlus Savings Association tract, said point also being on the east line of a tract of land designated as Tract One and Tract Two, in a deed to James H. Cummings and David K. Cummings, recorded in Volume 1779, Page 653 of the Deed Records of Denton County, Texas; THENCE N. 00o05'25" E., 348.71 feet along the said common line of the BancPlus Savings Association tract and the James and David Cummings tract, to a ¼" iron rod for comer; - TI-rE. NCE N. 30°50'04'' E., 198.71 feet leaving the said west line of the BancPlus Savings Association tract and the east line of the said James and David Cummings la'act to a ~A'"iron rod for'comer; :.' THENCE N_. 40006'20TM E., 175.50 feet to a ½" iron rod for comer; .T.H.E_.N...C.E_.._N. 10002'37" E., 76.53 feet to a ~A" iron rod for comer; THENCE N. 30°30'01" E., 241.6l feet to a ~" iron rod for comer, said point being on the said north line of the BancPlus Savings Association tract; THENCE S. 89o58'33" E., 1828.83 feet along the said north line of the BancPlus Savings Association tract to the Point of Beginning and containing 62.406 acres (2,718,420 square feet) of land. fileFoounda~y.92-050e - DEVELOPMENT REQUIREMENTS SINGLE FAMILY HOMES: ZONE "A" DEFINITION: Single Family detached housing. This residential area is designed to provide single family housing. These residential lots will have access and frontage on a public road. Typically, these units will be one and two story structures. PERMITTED USES: * Single family dwellings as outlined hcrcin. - All uses as permitted ia the SF-18, SF-12, SF-9 OR SF-7 Residential District, except as outlined below. · Home Occupation · Such uses as maybe p~L,litted uuder thc provisions of special use permits in sections 30.5 and 30.6 City of Coppell zoning ordinance. REQUIREMENTS: Section 13 "SF-7" Single Family Residential District Regulations. Height Requirements: No building shall exceed thirty-five (35) feet or two (2) .stories in height. Area Re.quircmcnts: Pront Yard - There shall be atrront yard having a depth of not less than twenty five (25) feet Side Yard - There shall bca side yard on each side of the lot having a width of not less than eight (8) feet. A side yard adjacent to a street shall not be less than fifteen (15) feet. An eight (8) foot use easement may bc placed on one side yard of the lot for the use and enjoyment of thc adjacent property owner provided it does not restrict access for maintenance of the principal structure or interfere with the roof overhang. This use easement may allow the construction of the decks, patio's, pool, jacuzzi, landscaping, fencing and other uses normally allowed 'in' the side or back yard of a single family residence. Restrictions are as follows: No outside air conditioning units will be allowed, utility buildings, outdoor cookers, pool heaters will not bc allowed closer than three (3) foot to the primary residence wall. No decks or structures will be allowed to attach to the primary residence wall. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between homes of sixteen (16) feet shall be provided. Roof overhangs will be allowed to project into the use easement a maximum of 24 inches. EXItlBIT "D" ( I of 2 ) Kear Yard - There shall be a rear yard having a depth of not less than twenty (20) feet. Where abutting a common area or open spac.e, a ten (10) tbot easement will be dedicated to the HOA t-or use as common area. Lot Area - No building shall be constructed on any lot of less than seven-thousand, (7,000) square feet. Lot Width_ - The average width of any lot shall not be less than sixty-five (65) feet at the front of the building line.. Lot Dcp .th - The depth of the lot shall not be less than one-hundred (100) feet. Mira'mum Dwelling Size - The floor area of any dwelling unit shall not be less than twelve hundred (1,200) square feet, exclusive of garage, breezeways, and porches. ~Lgt Coverage - In no case shall more than forty (40) percent of the total lot area be covered by the main building. Parking Regulations:. Two (2) enclosed off-street parking spaces behind the front building line. Off street parking spaces shall be provided in accordance with the requirements for special uses set forth in Section 31. Type of Exterior Construction: At least eighty (80%) percent of the ext~ior walls of the frrst floor of all structures shall be of masonry construction (see Section 42-80) 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 eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate lines. Fencing- Tubular steel fencing will be allowed in the back yards adjacent to open space areas. Wood fencing is not allowed in back yards adjacent to open space area. Six foot wood fencing will be required along S.H. 121 Bypass where lots back to the HC Zoning. Variance - Alleys not required. EXltlBII "1)" ( 2 of 2 ) DEVELOPMENT REOUIREMENTS SINGLE FAMII,Y HOMES: ZONE B DEFINITION: Single Family detached housing. This residential area is designed to provide single family housing at a higher density than permitted in Zone A. These residential lots will have access and frontage on a public road. Typically, these units will be one and two story structures. PERMIT'rED USES: · Single family dwellings as outlined herein. - Ail uses as permitted in thc SF-1 $, SF-12, SF-9 OR SF-7 Residential District; except as outlined below. · Home O~upation · Such uses as maybe permitted under the provisions of special use permits in sections 30.5 and 30.6 City of Coppell zoning ordinance. REQUIREMENTS: Hei_~ht Requirements: No building shall exceed thirty-five (35) feet or two (2) stories in height. Area Requirements: Front Yard - There shall be a front yard having a depth of not less than twenty (20) feet. Side Yard - There shall be a side yard on each side of the lot having a width of not less than five (5) feet. A side yard adjacent to a street shall not be less than fifteen (15) feet. An five (5') foot use easement may be placed on the one side yard of the lot for the use and enjoyment of the adjacent property owners provided it does not restrict access for maintenance of the principal structure or interfere with roof overhangs. This use easement may allow the adjacent property owner to construct decka, patio's, pools, jacuzzi, landscaping, fencing, and other uses normally allowed in the side or back yard of a single family residence. Restrictions are as follows: No outside air conditioning units will be allowed, utility buildings, outdoor cookers, and pool heaters will not be allowed closer than three (3) foot to the primary residence. No decks or structures will be allowed to attach to the primary residence wall. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between homes of sixteen (16) feet shall be provided. Roof overhangs will be allowed to project into the use easement a maximum of 24 inches. ~lrrBI~r "E" ( I of 2 ) Rear Yard - ]'here shall be a rear yard having a depth of not less than twenty (20) feet. Where abutting a common area or open space, a ten (10) foot easement will be dedicated for use as common area. Lot Area - No building shall be constructed on any lot less than five-thousand, (5,000) square feet. Lot Width - The average width of any lot shall not be less than fifty (50) feet at the front building line. Lot Depth_ - The depth of the lot shall not be less than one-hundred (100) feet, except that a comer, elbow or cul-de-sac lot may have less depth provided that the minimum depth is no less than ninety (90) feet. Mi, gimum Dwelling Size - ]'he floor area of any dwelling unit shall not be less than twelve hundred (1,200) square feet. Lot Coverage - In no case shall more than fifty five (55) percent of the total lot area be covered by the of the main building. Parking Regulations: Two (2) enclosed off-street parking s~paces behind the front building line. Off street parking spaces shall be provided in accordance with the requirements for special uses set forth in section 31. .l;encin~: Tubular steel fencing will be allowed in the back yards adjacent to open space areas. Wood fencing is not allowed in these areas: Six foot wood fencing will be required along S.H. 121 Bypass where lots: back to the HC Zoning, V.arianc.e: Alleys not required. EXHIBIT "'E" ( 2 of 2 )