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PD169-AG 980609 AGENDA REQUEST FORM CITY COUNCIL MEETING: June 9, 1998 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-169, a zoning change from SF-12 (Single Family-12) and PD-SF-7 (Planned Development, Single Family-7), to allow the development of 3 residential lots on approximately 2 acres of property located on the west side of Moore Road, approximately 680 feet south of Sandy Lake Road, and authorizing the Mayor to sign. SUBMITTED '~' Gary L. Sieb ~ APPROVEDBY TITLE: f¥~ Director of Planning~r~a Community STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A This zoning change was unanimously approved by Council on May 12, 1998, by a vote of (7-0). Agenda Request Forn~ Revised 3~98 Document Name: ~PD169.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-12" (SINGLE FAMILY- 12) TO "PD-SF-7" (PLANNED DEVELOPMENT, SINGLE FAMILY-7) FOR THE PROPERTY 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 the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. PD-169 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 to grant a change in zoning from "SF-12" (Single Family-12) to "PD-SF-7" (Planned Development, Single Family-7) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exhibit "B", and the following requirements for development: 1 ss 18348 (1) All drives shall be privately owned and maintained by the lot owners. (2) Optional security gates shall be accessible by all property owners. (3) Private drives shall be accessible by all property owners. (4) Private drive to Lot 3 shall be 24 feet in width. (5) All private drives shall be constructed of 6 inch concrete with #3 rebar on 24 inch centers on 6 inch sand cushion. (6) Trees shall be places on each side of private drive leading to Lot 3 and spaced 18 feet apart .up to the rear of the dwellings constructed on Lots 1 and 2, where the ' dwellings touch the 15-foot building setback. (7) Six-foot tall Woodcrete or masonry fence shall be constructed and maintained at the rear property line (Lots 1 and 2) and at each side of the private drive leading to Lot 3. The fence shall be setback 17 feet from side property line. The fence shall extend to the rear of homes placed on Lots 1 and 2, where homes touch 15-foot building setback line. A fence shall not be required at the garage access of Lots 1 and 2. (8) The garages located on Lots 1 and 2 accessed by private drive to Lot 3 shall not face or open to the private drive. (9) No building or structure shall be constructed upon Lots 1, 2 or 3 until the plans for the same shall have been submitted to and approved by Dewayne Randle Architect. The Architect shall review plans within 7 ~ays of receipt. If plans have not been reviewed within 7 days, plans shall be considered approved and accepted. (10) An inside fire lane radii of a minimum of 30' in length shall be provided. SECTION 3. That the Site Plan attached hereto as Exhibit "B", respectively, 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. 2 ss1834~ 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 thereof other than the par~ ' 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 fme 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 ~"z~ day of '-~/~ ~ ,1998. 3 ss18348 ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: P'E"I'e'ER G. SMITI~,'CITY ATTORNEY (PGS/sb 5/14/98) 4 sslg34g PROPERTY DESCRIPTION Being Lot 1 of Harrison Estates No. H, an addition to the City of Coppell, Texas, recorded in the Map Records of Dallas County, Texas, on April 29, 1977, Lot 1 being more particularly described as follows: BEGINNING at a point for comer in the southeast comer of Lot 5, Block A, of Stringfellow Addition, an addition to the City of Coppell, Texas, according to the plat recorded in Volume 47, Page 193, of the Map Records of Dallas County, Texas, the same being S 01° 55' 45" W a distance of 680.30 feet from the intersection of the south line of Sandy Lake Road with the west line of Moore Road; THENCE, S 01° 55' 45" W along the west line of Moore Road a distance of 131.76 feet to a point for comer in the northeast comer of Lot 2 of said Harrison Estates No. II; THENCE, S 89° 21' 00" W along the north line of said Lot 2 of Harrison Estates No. II a distance of 505.35 feet to a point for comer in the northwest comer of said Lot 2 of Harrison Estates No. II; THENCE, N 0° 41' 20" E along the west line of said Harrison Estates No. II a distance of 131.67 feet to a point for comer in the northwest comer of said Harrison Estates No. II, said point also being in the southwest comer of Lot 6, Block A, of said Stringfellow Addition; THENCE, N 89° 21' 00" E along the south line of said Stringfellow Addition a distance of 508.20 feet to the POINT OF BEGINNING. Exhibit "A" PROPOSED ENTRY GATE .... ,,~,,~,. i. ,,,~.,,~. PROPOSED ~Y OA~ ' ..~ I f ~ ~~~~ ---~~--~-~-~ I ~ , .~ ~', "'-'~ S 89 21' E SITE PLAN .~,~.. J .......