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PD150-AG 960423 AGENDA REQUEST FORM CITY eotmex~. M--~IU~: ~pril 23, 1996 ITF~ # ~ F ITEM CAPTION= Consideration and approval of an Ordinance for PD-150. Village at Cottonwood Creek Communitv Recreational Center, zoning change from SF- 7 (Single Family-7) to PD Recreational Center (Planned Development, Recreational Center), to allow the development of a recreational center on 13,440 square feet of land to be used by the homeowners of the Village at Cottonwood Creek VI subdivision, located on the south side of Hardwick Court and a~c~~%r~o~ide of Parkway Boulevard, and authorizing the Mayor BY CI Y COUNCIL TITLe: Director of Planning and Co~. Services INITI~S ST~F CO~E~B: Council approved this proposal at its February 13, 1996, meeting. On March 12, 1996, Council tabled this Ordinance. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT. $ AMT. EST.$ +/- BUD: $ rXNaNCXaL COMMENTS :~ ! FINANCIAL REVIEW:~ CITY MANAGER REVIEW: A~smda Request Form - Revised 1194 Document Name ~lxIl$0.ord AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 "SF-7" (SINGLE FAMILY-7) TO "PD RECREATIONAL CENTER" (PLANNED DEVELOPMENT, RECREATIONAL CENTER) TO ALLOW A RECREATIONAL CENTER, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "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 thc affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-I$0 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 thc Civy 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 to grant a change in zoning from "SF-7" (Single Family-7) to "PD Recreational Center" (Planned Development, Recreational Center) to allow a recreational center on 13,400 square feet of land being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. AGG07FA5 1 SECTION 2. That the property shall be developed and used only in accordance with the following special conditions for development: (A) The property must be equipped with a mechanism or device to lock the gate when the swimming pool is not operational and during periods when the swim_ming pool is not available for use; (B) A cover must be placed and maintained in good condition over the swimming pool during months that the pool is not operational; (C)A phone must be maintained on-site for emergency situations; (D) That the property shall be developed and used only in accordance with the site plan attached hereto as Exhibit B. SECTION 3. That the Site Plan, attached hereto as Exhibit "B", and made a part hereof for all purposes, be, and the same 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 Comprehensive Zoning Ordinance 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 AGG07FA5 2 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. 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 cominue 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 ,,7 ~ ~2&d' day of /~~ ,1996. AGG07FA5 3 APPR~I): 'rOM MORTON, MAYOR ATTEST: APPROVED AS TO FORM: · SM,HTI, CITY ATTORNEY (PGS/lm 2/16/96) AGG07FA5 4 ~1~ ~0~ ~70 '.02/~/96 14:~8 CITY OF COPPELL ENGINEERING ~ 214 96~ 0010 STATE OF' TEXAS COUNTY OF' DALLAS OWNERS CERTIFICATE 404 O- 4 WHEREAS. ,JIM SOWEI. L CONSTRUCTION CO., INC.. a Texas Corporation is the owner of a tract of land situated in the Thomas L. Holland Survey, Abstract No. 624. City of Copper Dallas County, Texas, accord;nc to the Spec;al Warranty Deed recorded in Volume 91252, Page 6746 of the Deed Records of Oallos County, Texas (DRDCT,), the subject troc~ Further being oil of Lot 4., Block O of Village at Cottonwood Creek - Section V1, an addit;on to the City of ¢oppel~, Texas as filed for record in Volume 9~036, Page 1867 (DRDCT), the subject belng mare particularly desc,'Zbed as follow~; E~EGINI~IING at a Doint on the Northwesterly fine of Parkway Blvd., (on 85' ROW,). said be;nc the most Eos:ertj, corner of said Lo~ 4. Block D; THEN¢[, along the Northwesterly line of se;d Parkway Boulevard and around o curve to the Left having o centrof angle of 03' OB" 43', o radius of ~62.~0 feet and a chard bearing of S 39' 02' 42' W, On arc distance of 4.7.35 feet: THENCE, $ $1' 54' 28~ W; along the common line between said Lot 4 and Lot IA, ~iock D. a distance of 232.01 feet: THENCE. N 55' 11' 20' W. oton,~ the common line between soicJ Lo.~ 4 and Lot 1. D, o distance of 19.1~ feet: THENCE, olon~ the Northwesterly I'.'~e of said Lot 4 and the Southeasterly I~e of on elley, th~ fo!low;n~: A:ound a non-tangent curve to the Left havfng a central angle of 1I' 41' I~', 0 radius of 700.00 feet end o chord bearing of N 24" 39" 12" E. on arc distance of 142.80 feet: Around o ~ongent curve to the Left hOvi~g a central o~le of 07" 46' 03', o radius of llfi. O0 feet and a chord bearing of N 14' ~§' 31' E, an arc distance of 1559 feet: $ 78' 57' JO' E. a distance of 1 O0 feet: Around o ~o~-ton~en~ cur~ ~o the Left hO~n~ o cent~oI oagle of 09' 52' 43~ o radius of ~16.00 feet and o chord bearing of N 0~' 06' 08' E. on arc di~tonce of 20.00 feel; T.HE~CE. N 8g' 4~' 51" E, ato~ the 5ou~her:y fine of HOrd,ick COu~t. 0 d/stance of 18.5g feet; ~ENC~. Continuing along ghe sold Southerly llne of HO~dwiCk Cour~ and around o non- curve ~o the Left ~.a,ing o Central angle Of 147' 35' 55". o rod/us of 50.00 feet and o eke, bearing of N ~fl' ~6' 29' ~. on arc di~t~nce of 1~8 ~0 feet: ~FNCE. S 86' 18' 3g" E. along the Southe~y ~;ne of o~ 4ttey, o d~stOr'Ce of 42 ~6 feet