Loading...
OR 91500-A-596AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -596 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 -202- TH -1 (PLANNED DEVELOPMENT - 202 - TOWNHOUSE -1) TO PD- 202R-TH-1 (PLANNED DEVELOPMENT -202 REVISED - TOWNHOUSE-1), TO AMEND THE DETAIL SITE PLAN TO ALLOW 39 SINGLE - FAMILY LOTS AND (5) FIVE COMMON AREA LOTS TO REPLACE 62 TOWNHOME LOTS AND (8) EIGHT COMMON AREA LOTS ON 9.3 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF LAKE VISTA DRIVE, APPROXIMATELY 970 FEET EAST OF NORTH MACARTHUR BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANSDCAPE PLAN AND CONCEPT ELEVATIONS ATTACHED HERETO AS EXHIBITS `B ", "C" AND "D" PROVIDING FOR 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 fiill 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- 202R -TH -1 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- 202 -TH -1 (Planned Development- 202 - Townhouse -1) to PD- 202R -TH -1 (Planned Development -202 Revised - Townhouse -1), to amend the Detail Site Plan to allow 39 single - family lots and (5) 1 TM 57043 five common area lots to replace 62 townhome lots and (8) eight common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That PD- 202R -TH -1 (Planned Development- 202 - Townhouse -1) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "TH -1" district, as provided in the Coppell Code of Ordinances. ii. Home occupation, as defined in the Coppell Code of Ordinances. B. Maximum height regulations - The maximum height regulations will be 35 feet at the mid -point between the eaves and dominant ridge of the hip or gable roofs. C. Area regulations, exclusive of the common area lots. 1. Minimum size of yards as shown on the Detail Site Plan, Exhibit "B" of this Ordinance. i. All garages doors shall be setback a minimum of 20 feet from the property line. a) No more than two (2) garage doors shall face the street. b) Each garage door shall be a stained wood door. ii. Side yard setbacks shall be a minimum of 5 feet, and a minimum of 10 feet adjacent to a street. iii. Rear yard setbacks shall be a minimum of 15 feet, unless adjacent to the levee, where the setback shall be a minimum of 10 feet. 2 TM 57043 2. Lot areas shall be as shown on the Detail Site Plan, Exhibit "B" of this Ordinance. i. Lot width shall be a minimum of 52 feet. ii. Lot depth shall be a minimum of 105 feet. 3. No buildings or strictures shall be permitted on common lots. . D. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: no more than 60 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. F. Type of exterior constriction. 1. At least 80 percent of the exterior walls of the first floor of all strictures shall be of masonry constriction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall stricture shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line except: 2. Each single family dwelling shall have three of the following architectural elements: dormers, gables, recessed entries, covered porches, cupolas or towers, pillars or post, eaves, bay windows, or decorative patterns on exterior finishes. G. Tree Retribution: A Tree Removal Permit shall be required prior to the removal of any trees. 3 TM 57043 H. Homeowners Association 1. The Homeowners Association shall maintain all common areas including, but not limited to parking areas, landscaping, walls and fencing along the perimeter of the property. 2. Homeowners Association documents shall be submitted, reviewed and approved by the City in accordance with the Code of Ordinances. L Fencing — All wood fencing on corner lots lines shall be a board -on -board fence with consistent stain and shall be maintained by the Homeowners Association. J. Alleys shall not be constricted within this development K. The sidewalks along Lake Vista Drive shall link to sidewalks within the development to provide pedestrian connectivity. L. Each lot shall have a minimum of one shade or overstory tree within the front yard. M. The cul -de -sac as depicted on the Detail Site Plan may exceed 600 length. N. Park Development Fees in the amount of $1,285 per lot shall be assessed and paid prior to the filing of the Final Plat. SECTION 3. That the property shall be developed and used in accordance with the TH- I (Townhouse -1) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Detail Site Plan, Landscape Plan and Concept Elevations attached hereto as Exhibits "B ", "C" and "D "; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the 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. 4 TM 57043 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 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. 5 TM 57043 DULY PASSED by the City Council of the City of Coppell, Texas, this the / day of , 2012. TO ROBERT E. (RED ATTORNEY ATTEST: CHRISTEL TTINOS, CIT SECRETARY 6 TM 57043 LEGAL DESCRIPTION 9.269 ACRES BEING a tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 and the J.H. DONALD SURVEY, ABSTRACT NO. 1696, City of Coppell, Denton County, Texas and being all of that tract of land described in Deed to WPC 2004 Coppell, L.P., as recorded in Document No. 2004 - 162166, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the common south line of said Lot 1 and north line of Lot 2, Block K of VISTA RIDGE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet F, Page 271, Plat Records, Denton County, Texas for the southeast corner of Lot 6X, Block A of VILLAS AT LAKE VISTA PHASE ONE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet W, Page 634, Plat Records, Denton County, Texas; THENCE Northerly, with the eastern lines of said VILLAS AT LAKE VISTA PHASE ONE Addition, the following six (6) courses and distances: North 16 degrees 35 minutes 35 seconds West, leaving the above mentioned common line, a distance of 155.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the north line of Snowshill Trail, a 50 foot right -of -way; South 73 degrees 24 minutes 25 seconds West, with said north line of Snowshill Trail, a distance of 162.29 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for the intersection of said north line with the east line of a 15 foot alley, said point being at the beginning of a non - tangent curve to the right having a central angle of 14 degrees 43 minutes 27 seconds, a radius of 150.00 feet and a chord bearing and distance of North 09 degrees 13 minutes 53 seconds West, 38.44 feet; Northerly, leaving said north line and with said east line of a 15 foot alley and said curve to the right, an arc distance of 38.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; North 01 degrees 52 minutes 10 seconds West, continuing with said east line of a 15 foot alley, a distance of 292.30 feet to a 1/2 inch iron rod with a yellow plastic cap stamped EXHIBIT A Page 1 of 3 "DAA" found for the intersection of said east line of a 15 foot alley with the south line of Cotswold Lane, a 50 foot right -of -way; North 88 degrees 07 minutes 50 seconds East, leaving said east line of a 15 foot alley and with said south line of Cotswold Lane, a distance of 12.57 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; North 01 degrees 52 minutes 10 seconds West, leaving said south line of Cotswold Lane, a distance of 75.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the south line of Lake Vista Drive, a 70 foot right -of -way, for the northeast corner of Lot 8X, Block C of the above mentioned VILLAS AT LAKE VISTA PHASE ONE Addition; THENCE Easterly, with the southern line of said Lake Vista Drive, the following four (4) courses and distances: North 88 degrees 07 minutes 50 seconds East, leaving the above mentioned eastern lines of VILLAS AT LAKE VISTA PHASE ONE Addition, a distance of 404.35 feet to a 5/8 inch iron rod with a plastic cap stamped "CARTER & BURGESS" found for corner at the beginning of a curve to the right having a central angle of 43 degrees 42 minutes 44 seconds, a radius of 615.00 feet and a chord bearing and distance of South 70 degrees 00 minutes 48 seconds East, 457.90 feet; Southeasterly, with said curve to the right, an arc distance of 469.20 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; South 48 degrees 09 minutes 26 seconds East, a distance of 341.49 feet to a 1/2 inch iron rod found for corner at the beginning of a curve to the left having a central angle of 29 degrees 25 minutes 12 seconds, a radius of 685.00 feet and a chord bearing and distance of South 62 degrees 52 minutes 03 seconds East, 347.88 feet; Southeasterly, with said curve to the left, an arc distance of 351.73 feet to a 5/8 inch iron rod with a plastic cap stamped "CARTER & BURGESS" found in the north line of the above mentioned Lot 2 for the east corner of the above mentioned Lot 1; THENCE Westerly, with the common southern lines of said Lot 1 and the northern lines of said Lot 2, the following three (3) courses and distances: EXHIBIT A Page 2 of 3 North 78 degrees 54 minutes 30 seconds West, leaving the above mentioned southern lines of Lake Vista Drive, a distance of 582.20 feet to a 1/2 inch iron rod with a yellow Plastic cap stamped "DAA" found for corner; North 89 degrees 11 minutes 34 seconds West, a distance of 305.69 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; South 73 degrees 24 minutes 25 seconds West, a distance of 329.84 feet to the POINT OF BEGINNING and containing 9.269 acres or land, more or less. EXHIBIT A Page 3 of 3 EXHIBIT � ® ■ /) § |.: © §, IL �� �� |! | { 2 4 �q, l• §) |, � f ) | } |} �} }{ I $� f� .!! ! §_ f�\ |!= w ! e � rA A!§ fig J. !!! ZI-91-A:alep :Aq umeip :Aq -xWe dnot� u8m > ® / If I l e 0 Ld Cf) Lu . 7, 77— i7- 7 0 o"7- 35 V) ij- A - C VM ONIddl 0 ----- 1771 1 SVO ITDWM H':6" ViSlA 3NV1 le SY111A FIT T T Ti T Tt 7,7 Fi 7.7 z¢ 7, 7 7. 7-. 7.7 r.— 7.— 1 -- I EXHIBIT "C" z 0 LLJ 1z: u LU z Ee ON 0 Z LU SRICK - EARTH TONE COLORS LEFT ELEVAT /ON LEFT ELEVATION REAR ELEVATION STONE -EARTH TONE COLORS REAR ELEVATION WINDOW FRAMES SHINGLES - 30 YEAR COMPOSITE MORTAR PAINTS STAINS METAL ROOFS WROUGHT IRON