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PD163-AG 971028 AGENDA REQUEST FORM CITY COUNCIL MEETING: October 28, 1997 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-163, Windsor Estates, zoning change for property zoned A (Agriculture) to PD-SF-9 (Planned Development, Single Family-9) to allow a Planned Development containing 27 single-family residential lots with common area on a 15.78 acre tract of land located along the north side of DeForest Road, approximately 600 feet east of Allen Road, and authorizing the Mayor to sign. ~/0.-O~_~. ~/~~ SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF RECOMMENDS: Approval ~ Denial STAFF COMMENTS: This Planned Development was unanimously granted by Council (7-0) on September 9, 1997. APPROVED DATF- Agenda Request Form - Revise~ 1/97 FIN. REVIEW CITY MANAGER REVIEW:~~. Document Name PD163o. PZ b.~&~j AN ORDINANCE OF THE CITY OF COPPELL~ TEXAS O ANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS~ AMENDING ~ COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, A~ HERETOFORE AMENDED, BY GRANTING A CHANGE OF ZONING FROM "A" (AGRICULTURE) TO "PD-SF-9" (PLANNED DEVELOPMENT, SINGLE FAMILY-9) TO ALLOW SINGLE FAMILY RESIDENTIAL USE ON THE PROPERTY DESCRIBED IN EXIIIBIT "A" ATTACHED I~.RETO; PROVIDING DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A ZONING EXHIBIT, DETAIl. SITE PLAN, PRELIMINARY LANDSCAPE PLAN, AND TREE SURVEY, ATTACHED HERETO AS EXIHi~ITS "B","C","D", AND "E" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Commi~ion 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 notice~ 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 Case No. PD- 163 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 are hereby amended to grant a change in zoning from "A" (Agriculture) to "PD-SF-9" (Planned Development, Single Fsmily-9) to allow a plsnned development for single family residential use on the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning is hereby granted subject to the following development conditions: Page I o The property shall be developed and used in accordance to the provisions of the comprehensive zoning ordinance for Single Family-9 Residential District. If Lot 18, Block A proves to be unbuildable, after further engineering study, the total number of lots should be reduced to 26. Before any permits are issued for the development a flood study shall be submitted to the City and FEMA and approved by both entities. DeForest Road, east of Allen Road shall be elevated as necessary to remove it from the 100 year floodplain. Measures shall be taken to prevent erosion behind Lots 9-18, Block A. That the property shall be developed and used only in accordance with the Zoning Exhibit, Detail Site Plan, Preliminary Landscape Plan, and Tree Survey attached hereto as Exhibits "B", "C", "D", and "E" respectively. SECTION 3. That the Zoning Exhibit, Detail Site Plan, Preliminary Landscape Plan, and Tree Survey attached hereto as Exhibits "B',"C', "D", and "E" respectively, and made a part hereof for all purposes, be, and the same are hereby approved. S~ON 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zonin~ Ordinallce of the City of CoppeH, as heretofore amended, and as amended herein. SECTION $. 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 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. That an offense committed before the effective date of this ordinance is governed by the 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. Page 2 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 hereto 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 PASSEl) by the City Council of the City of Coppell, Texas, this the ~"//d day of t~)c'_ ~ ~ez" , 1997. ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. S~, CITY' ATTORNF.,Y Page 3 LEGAL DESCR[p_T.!0' N: BEING & trtc[ or land out' 0[ the W. A. T~mble Survey, Abaft N~ 179! and tbs J. IL MounLt Darmy, ~ No. 803, mtd being a pert of · carton called 121-acre tract of lam c0uveyod by Darrmty [bed d~l lufu~ SO, ISOO from L C. Davis.sod wire, Ilill~e Dsm Lo Sim Leq u recorded m Volume tM, Pqe 58 or the Deed Ibc·fda or Deutan t~ounty, Te~AJ.(DBJL'T) mad particularly de~cFibed es follows (bearings Imed on the above-described Deed recorded in Volume 186, Pqe 58 of the DRDCT): BEGI~IN[IqG et the southeast corner of nad estled 121-icrc Lrtct being in the centerlme of Denton Creek: TKENC! .West*aloof the south line of sdd called 121-acre tract, · distance of 660.42 feed to · point for eorne~, .. THENCE North, a distance of 954.74 feel Lo a poiflL i,, .the centerline of D~:rttoll Creek; · Tlfl~NCE ·long the meandering· o.f Denton Creek as follows: --South 76'58'00" East, · diuhuce of 223.76 reel Lo e poirit for corner; --North 85'45"02" East, a distance of 70.§9 reel to a point for corner; --North 85'44'53' East, & distance of 145.40 feel to a point for corner; --North 65'44'5;4' gut, · distance of 122.00 feel to · point for corner; --South 54'05'00' East, · diet·nee of 137.00 Feet to a point for corner; --South 38'00'00' East, a distance or 160.00 feet to · point for corner; - -South 01'00'00" East, · distance of 160.00 feel to a point, for corner; --South 19'10'00' West. · distance of 66.00 feet Lo apoinL for corneF; --South 24'25'00' West. · distance or 98.00 reel to a point for corner; --South 37'55'00~ East, · distance of 03.00 feet to i point for corner; --South 31'55'00' hsL, · distance of 93.00 reel to a po':,nt for corner; --South 01'15'00' West, a distance or 88.00 feet to a point for corner; --South 37'31'00" West, a distance of 156.75 feet Lo · point for corner; --South 28'20'00" WELL, · distance of 38.00 reel to the POINT OF BEGINNING end CONTAINING 15.76 seres of Lind, more or less. I~llTBIT nB" ', .,../' __ :~ .... ---~ I, ~ · // ! [; ".1.i ~ r'~>~. ~. ~F~:~i , i~'"_ ' , ~ ~ ~ i~''' i ,' _ ;- '. I_~ ~"~'- ,. ~' ~1o -- - --.= . · 'z DETAIL SITE PLA~ I~Z'IqTBIT "C' EXHIBIT