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PD94R-AG010327 (2) ~'~""~ ~'~ '~ CITY COUNCIL MEETING: March 27, 2001 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-94R. SF-9, zoning change request to amend PD-94, SF-9 (Planned Development-94, Single Family-9) to PD94R, SF9 (Planning Development-94R, single family-9) to allow an expansion of the existing home into the required eight (8) foot side yard, on approximately 0.8 of an acre of property located at 637 Swan Drive, and authorizing the Mayor to sign. APPROVED BY ~ CITY COUNCIL SUBMITTED~: OaryL. Sieb ) DATE TITLE: Director o~nning and Community Services STAFF CO~'~X~. - ~, q/,,~OO-,'q- Date of P&Z Meeting: February 15, 2001 Decision of P&Z Commission: Approved (6-0) with Commissioners McGahey, McCaffrey, Halsey, Clark, Kittrell and Stewart voting in favor. None opposed. On March 27, 2001, Council considered this zoning change. Approval is recommended, with no conditions. Staff recommends approval. DIR. INITIALS: ~' FIN. REVIEW:~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: ~PD94RSwan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. q 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-94-SF-9" (PLANNED DEVELOPMENT-94, SINGLE FAMILY-9) TO "PD-94R-SF-9" (PLANNED DEVELOPMENT-94 REVISED, SINGLE FAMILY-9) FOR THE PROPERTY LOCATED AT 637 SWAN DRIVE, AND BEING MORE PARTICULALY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR AN AMENDMENT TO THE DEVELOPMENT CONDITIONS BY PERMITTING AN EXPANSION OF A SINGLE FAMILY HOME INTO THE REQUIRED SIDE YARD; PROVIDING FOR A SITE PLAN/FLOOR PLAN, RENDERING, AND ELEVATION PLANS, ATTACHED HERETO AS EXHIBITS "B", "C", "D-I" AND "D-2", 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-94R-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 amending Ordinance No. 297-A-14 granting PD-94-SF-9 to "PD-94R-SF-9" (Planned Development-94 Revised, Single Family-9) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 39~36 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth and as further conditions, the Site Plan/Floor Plan, Rendering, and Elevation Plans, attached hereto and incorporated herein as Exhibits "B", "C", "D- 1" and "D-2", respectively: A. A minimum side yard setback of two (2) feet is pemfitted along the east property line as depicted on the exhibits attached hereto. SECTION 3. That the Site Plan/Floor Plan, Rendering, and Elevation Plans, attached hereto and incorporated herein as Exhibits "B", "C", "D-I" and "D-2", respectively, and made a part hereof for all purposes, is hereby, approved; that all previous terms and conditions as set forth in PD 94 are hereby republished and confirmed except as amended herein; in the event of any conflict of conditions, those conditions provided therein shall prevail. 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 39436 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 ~}t_~ --~L~day of ~"~t~ ,} , 2001. APPR~D: ~ : CANDY SHEEHANt MAYOR ATTEST: LIBBY BALL, ~ITY SECRETARY (REH/cdb 03/16/2001) 3 39436 637 Swan Drive Coppell, Texas Lot 10, Block G of Northlake Woodlands East, Phase 6 EXHIBIT 'A' ~F[BIT nBn