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OR 91500-A-528 Windsor EstatesAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -528 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- 163R2 -SF -9 (PLANNED DEVELOPMENT -163 REVISION 2 -SINGLE FAMILY -9) TO PD- 163R5 -SF- 9 (PLANNED DEVELOPMENT -163 REVISION 5- SINGLE FAMILY -9) TO ALLOW STUCCO FINISH IN LIEU OF THE 80% MASONRY REQUIREMENT ON LOT 17, BLOCK A OF WINDSOR ESTATES, LOCATED AT 917 DEFOREST ROAD; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN/FLOOR PLAN AND ELEVATIONS, HERETO AS EXHIBITS "A" AND `B 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- 163R5- SF-9 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 by granting a change in zoning from PD- 163R2 -SF -9 (Planned Development -163 Revision 2- Single Family -9) to PD- 163R5 -SF -9 (Planned Development -163 Revision 5- Single Family -9) to allow stucco finish in lieu of the 80% masonry requirement on Lot 17, Block A, of Windsor Estates, located at 917 Deforest Road. 1 TM 37756.2.000 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: A. Provisions of Ordinance Numbers 91500 -A -222, and 91500 -A -384 shall continue in full force and effect except as amended herein. B. Stucco as used in this ordinance shall be defined as continuous plaster or mortar of seven eighths (7/8 of an inch thickness over wood frame with metal lath and elastomeric topcoat. All houses permitted to be of stucco material or plaster shall be of earth tone color. SECTION 3. That the Site Plan/Floor Plan and Elevations, attached hereto as Exhibits "A" and `B shall be 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 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. 2 TM 37756.2.000 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 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the !¢g day of 2009. APPRO 0 J O TOF•' i ......11d ROBERT E. HAGER, (REH/cdb revise TTORNEY yJ 06/26/09) APPROVED: JAYNE PETERS, MAYOR ATTEST: 3 B BALL,, Y SECRETARY TM 37756.2.000 EXHIBIT "A" o EXHIBIT "B" z c G LL ;ate