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PD108R2-AG 980811 ' AGENDA REQUEST FORM CITY COUNCIL MEETING: August 11, 1998 ITEM # ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-108R2, The Reserve, zoning change request from R and PD-LI (Retail and Planned Development, Light Industrial) to PD-SF-9 (Planned Development, Single Family-9), to allow the development of 23 residential lots on 9.71 acres of property located along the south side of ~ ~~d~~Iy 970' west of Denton Tap Road, and authorizing the Mayor to sign° ~]~ L-~ ~ l~ ~J ~/ L~L ~ BY ..... COUNCIL T~~~~o~ of ~n~ and Co~uni~y Services STAF~ RECOMMENDS: APPROV~ STAFF COMMENTS: Da~e of P&Z Meeting: N/A Decision ofP&g Co~sion: N/A This zoning change was approved by Council on July 14, 1998, by a vote of (4-2). Mayor Pro Tern Tunnell and Councilmember Wheeler opposed. Agenda Request Forn~/Revised 3/98 Document Name: ®PD108R2., AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~,,'~"-~0-~-,/~,'~ 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 "R" AND "PD-LI" (RETAIL AND PLANNED DEVELOPMENT, LIGHT INDUSTRIAL) TO "PD-SF-9" (PLANNED DEVELOPMENT, SINGLE FAMILY-9) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, AND LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B" AND "C"; 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-108R2 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 Zofiing Ordinance and Map of the City of Coppell, Texas, duly passed by the goveming body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "R" and "PD-LI" (Retail and Planned Development, Light Industrial) to "PD-SF-9" (Planned Development, Single Family-9) to allow the development of 23 residential lots on 9.71 acres of property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 SS19602 SECTION 2. That the property shall be developed and used only in accordance with the Detail Site Plan, Exhibit "B"; Landscape Plan, Exhibit "C"; and the following conditions for development: (A) Garages shall be oriented to face rear or side lot lines. (B) Minimum dwelling size: 2400 square feet, exclusive of garages, breezeways and porches. (C) Uniform decorative metal fencing, minimum of six (6) feet in height to be approved by the City shall be installed in rear of the lots adjacent to Grapevine Springs Park SECTION 3. That the detail Site Plan and Landscape Plan, attached hereto as Exhibits "B" and "C", and made a part hereof for all purposes, is 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 Coppelt, 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 o~dinance 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 ss19602 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 f'me not to exceed the stun 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 ///-P/~ day of /~,~3 'ff' ,1998. ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER ,q. SMITH, CITY ATTORNEY (PGS/ttl 8/3/98) 3 ssi9602 Legal Description BEING a tract of land situated in the 3. SI).tMONS SURLY. ABSTRACT NO. 1296 in the City o1 Coppell. 0alias County. Texas. and being goat of that ~'operty owned b)' the Oaptist Iroundatio~ of Texas and by Branch Prc~oerties. Inc.. as evidenced by deeds recorded in Volume 599. Page 177S. Volume 83202. Page t696. Volume 8§083. Page 2§16. Volume 881:53. Page 48§2. Volume gO01g. Page 4.2,37. Volume 93174. IPage 185S. Volume 95204. Page 0339. Volume 95220. Page eggs. Volume 961.57. Page t0g0 and Volume 97241. Page 4~.21. all of the Deed Rec(x'ds of Dallas County. Texas. and beln~ moae port;culoaly described as fo~lows: BIrGINNING at a I/2' iron rod set in the south line of Bethel Road (voriol)le right- of-way), said point being the northwest co~ner of Summit at the Springs. Phase 1. an addition to the City of Co~opeql a¢co~din9 to the plat thereof recorded in Volume 97023. Page 3493 of the Deed Recoeds of Dallas County. Texas; TH[NC[ South 20':53'37' West. along the most northerly west llne of said Summit at the Springs. a distance of $.87 feet to a 1/2' ken rod set faa the northeast coaner of a tract of land described as Tract 2 in a deed from the Baptist Foundation of Texas to the County of Dallas recorded in Volume 91251, Page ~059 of said Deed Recoads; THENCE Noath 88'42'24' West. along the north line of said Tract 2. a distance of 23S.97 feet to the most northerly northwest corner of said Treat 2. from which an i'on rod with cap marked GRAHAM bears South 24'23' East. 2.56 feet; THENCE South 20'53'37' .West. alan9 the westerly boundary of said Tract 2, o distance of 244.(36 feet to a re-entrant corner in said westerly boundary from which an iron rod with eaO marked GRAHAM beers South 12'17' East, 1.91 feet; THENCE Noath 87'20'24' West. Continuing al~ the westerly boundary of said Tract 2. a distance of .111.11 feet to an angle point from which an iron rod with cop marked GRAHAM bears South 24'38' East. I.:52) feet: TH[NC[ South 39'$9'.55' Wear, continuln9 olan(~l said westerly boundary, distance of 446.02 feet to o 1/2' iro~ rod set far angle point; TH[NC[ South 24'02'50' West, continuing alan9 said westerly boundary, o distance of 7:5.00 feet to a I/2' iran rod Sat for angle point; TH[NC[ South 39'S9':5:5' West. ¢ae~nuing alan9 said westerly boundary, a distance af 178.63 feet to the most westerly terrier of said Tract 2 and an angle I:)oint in the easterly I~oufldory of Tract 1 of eaid County of Dallas pro, arty, from wflich an trow1 rod ~dth cap marked GRAINAM beat'1 S~uth west. 0.82 feet: TH(NC[ North 29'26'.~2' West. along the northeast line of said Tract 1. a distance of 325.67 feet to a 3/4' pipe found faa the molt noathesly northeast coaner of said Tract I. said point also being the southeast cern~ of Tract 2 o( a right-of-way easement granted to the County of Dallas by instrument recorded in Volume 218.1. Page `1~ of said Deed Records; THENCE: North 02'35'11' E:ost. alon(~ the east line of said right~ay easement, o distance of ~46.04. feet to a 1/'2' Yon rod found in the ~ line of Bethel Road for its northeast corne~, said point al~o bein(j the nerthweet corner of a tract of ;and described in a deed from Betty do T~itty and Wanda June Var(gas. Trustees. to 8ranch Pro~erties. Inc., recorded in Volume 90019, Pa9e 4.137 o; said Deed Records; THENCE South 88'24'44' F'ost. along the south line Of bethel Road. o distance of 622.98 feet to a 1/2' iron rod set in the west line of the right--of--way dedication tract descried in a deed from the Baptist F'oundotian al Texas to the City of Coopelt recorded in Volume 7.1176. Page 1415 of said Deed Records; THENCE South 01'38'16' West. along the west line of said City of Cappell tract, a distance of .11.62 feet to I/2' kan rod set for corn~: THENCE South 87'20'24' East. along the southerly line of said City of Ca~)pMI tract, the same now being the south line of Sethel Road, a distance of 230.18 feet to a I/2' iran rod set for angle point: THENCE' South 88'42'24' East. continuing along the Southerly llne of said City o! Co~pe~l tract and the south line of 8ethel Road. a distance of 352.02 feet to the POINT 0~' I~E~NNINC and containing t.7104 acres of land. more er EXHIBIT "A" ZONING C ~ Kx L I ~oNeNG FOR REVIEW PURPOSE~ ONLY ~ ~' ~ C ~NING EXHIB~ · · THE RESER E ~ ~'~ c,~ ~ c,~p~L. ~, LAS C~tV. .... ,' * . ' ,.,,I';'. ~[.["" ':'.~ ......