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PD166-AG 980714 AGENDA REQUEST FORM CITY COUNCIL MEETING: July 14, 1998 ITEM # / ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-166, Westbur¥ Manor, zoning change from SF-12 (Single Family-12) to PD-SF-7 (Planned Development, Single Family-7), to allow the development of 35 residential lots on approximately 10 acres of property located along the east side of Heartz Road and along the south side of Sandy Lake Road, and authorizing the Mayor to sign. APPROVED _ BY SUBMITTED BY: ipb~' CiTY COUNCIL TITLE: Director of Planning and Co--unity Services DA T E '7'- / ~-' ~ STAFF RECOMMENDS: APPROV~ STAFF COMMENTS: Date of P&Z Meeting: N/A Decision ofP&Z Co~ssion: N/A This zoning change was approved by Council on June 9, 1998, by a vote of (4-2). Councilmembers Keenan and Stover opposed; Councilmember Garcia stepped down because of a conflict of interest.) DIR. INITIALS: _ FIN. REVIEW'~ CITY MANAGER REVIEW: Agenda Request Forn~Revised 3198 Document Name: ~PD166.ord AN ORDINANCE OF THE CITY OF COPPEI~L, TEXAS AN O~~ OF ~ ~ OF COPPELI~ ~S, ~~G ~ CO~~NS~ ~G O~~ ~ ~ OF ~ ~ OF COPPEI.Io ~S, AS ~TOFO~ ~~ED, BY G~G A ~GE ~ ~G ~OM "SF-I2" (S~GI.F~F~.Y- 12) TO "P~SF-7" ~~D DE~P~, S~GLE F~.Y-7) TO ALLOW DE~P~ OF 35 ~S~E~ ~TS FOR ~ PROPER~ DES~ED ~ ~~ "A" A~A~D ~TO; PROLOG FOR DE~P~ CO~ONS; PROLOG FOR ~ ~PROV~ OF ~ S~ P~, ~E ~CA~ON P~ ~SC~~E~G P~S A~A~D ~TO AS ~~ "B", "~, ~ "D", ~SPE~LY; PROLOG A ~P~L~G ~USE; PROLOG A SE~~H.~ ~USE; PROLOG A SA~GS ~USE; PROLOG A PEN~ OF ~ NOT TO ~ED ~ S~ OF ~O ~OUS~ DOI.I~ (~,000.00) FOR ~ O~NSE; ~ PROLOG ~ E~~ DA~ ~~S, the Ci~ Plug ~d ~g Co~ion ~d ~e gove~g body of~e Ci~ of Coppe~ Te~, ~ ~mp~ ~ ~e laws of~e S~te ofT~ ~d pur~t to ~e Compreh~ve Zo~g ~d~ of the Ci~ of Cop~ have ~v~ ~ui~ge nofi~ by pub~fion ~d o~, ~d ~er hold~g due h~gs ~d ~or~g a ~ ~d ~ h~g to ~ pro~ o~s gen~y, ~ to ~ ~r~ ~t~ ~d si~ ~ ~e ~ ~ ~d ~ ~e ~ ~er~ ~e ~d gov~g ~dy is of ~e op~on ~at ~g ~p~ion No. PD-I~ shoed be approv~ ~d ~ the exer~ of le~slafive di~ion have ~nclud~ ~at the Comprehe~ive ~g Or~ ~d ~ should ~ ~end~. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELI~ 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 fi-om "SF-12" (Single Family-12) to "PD- SF-7" (Planned Development, Single Family-7) on the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. I SS19400 SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exhibit "B", Tree Location Plan, Exhibit "C", and Landscape/Screening Plans, Exhibit "D", and the following special conditions for development: (A) If owner provides traffic calming devices such devices shall consist of speed humps, surfaced with brick pavers or comparable material and spaced and designed in accordance with plans approved by the City Engineer. (B) The owner shall without cost to the City, employ an arborist to be approved by the- City to guide the owner in best practices to save existing trees, including installation of orange netting around such trees to the drip lines and signage to best insure their survival. SECTION 3. That the Site Plan, Tree Location Plan and Landscape/Screening Plan attached hereto as Exhibits "B", "C", and "D", respectively, and made a part hereof for all purposes, are hereby, approved. SECrION 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 2 ss~94o0 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 tern of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning- Ordinance of the City of Coppelk 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 ]~/-tt4 day of CANDY SHEE2-IAN, MAYOR ATrEST: ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMrlI-I, CITY ATTORNEY (PGS/ttl 7/9/98) 3 sst940o PROPERTY OESCR[PT[ON STATE OF TEXAS: COUNTY OF OALLAS: 8EZNG a tract of land situated tn the S. Henderson Survey. Abstract No. 629, City of Coppell. Dallas County. Texas. Doing all of a tract of land as descriDed in deed to Lewis O. Padgett. III. recorded in Volume g523t. Page 3973 of the Deed Records of Dallas County. Texas (DROCT). a portion of a tract of land as descrtDed in deed to H.H. Ren~inkel and wife, Hargaret N. Rehwtnkel. recorded in the Volume 355g, Rage 257, OROCT, all of a tract of land as descriDed in deed to Billy O. Horley and wife, NOr~a Horley, recorded in volume 68209, Page 326, OROCT, a portion of Lot t, Block A of Christ Our Savior Lutheran Church, an addition to the City of Coppell, Dallas County, Texas as recorded in Volume 8gOt2, Page t342 of the NOD Records Of Dallas County, Texas (14RI)CT} and · portion of a tract of land as descriDed in deed to Texas District, The Lutheran Church, N[ssouri Synod, recorded in Volume 8403, Page 3t6§, OROCT and Doing more particularly deSCriDed as follows: BEGINNING at a t/a* iron rod found at the Southwest corner of Sandy Oaks, an to the City of CODPe11. Oallas County. Texas as recorded tn Volumo 81202, Page NflOCT and the southeast corner of said Renwtnkel tract, said point lying tn the north of ~tZdwood NO. 2, an addition to the City of Copra11. Dallas County, Texas aa recorded tn Volume 79095, Page 746, 14ROCT: THENCE N 89'10'2t' W, along the south line of said Renwtnkel and #orley tracts, the north line of said WildNood No. 2 and the north line of a tract of ]and as described In deed to the City of Coppell. recorded in the Deed Records of Dallas County, Texas. distance of 602.65 feet to the east line of Heartz Road (50' R.O.#.): THENCE N O0'07'L:~' W. along the east line of said Heartz Road. 452.67 feet: THENCE S ag'tO'2t E. departtn~ the east line of said Heartz Road. along the south of said Lot t. Block A of Christ Our Savior Lutheran ChurCh, 460.63 feet: THENCE N 0t'26'24' E. departing the SOUth line of said Lot I. Block A of Christ Our Savior Lutheran Church. a distance of g53.56 feet to the SOuth line of Sandy Lake Reed (Vartaale width THENCE N 89'~7'00 E, along the south line of said Sandy Lake Road. ~54.4B feet: THENCE S 0~'26' 24' H. departing the south l~ne of said Sandy Lake Road. along the west line of said Sandy Oaks. a distance of t4tO.36 feet to the POINT OF and containing aPRrOXimately g.7~3 acres. I~[RTB'I'T ~.. .. / '-i- ~ .-... ......... / . -'~.~..... , - -~ ...... ~ ........ ~ ' -- ,o~ ~ ~ ~d' ~ ~ !~ ,.// I .~. , I I I /~~ ~l I I t' ~ & WROUnHT IRON FENCE ...... ,-r --~~_~l ~ ~.--- I .... Iv I ........... . - . , ~ ' / ~. .. .~ ~,~ r~ "~ . I - I '. · '~ I - ~ , --H~- ' ~ ~~ '~ "'" . ... ', ~-L & I ........ I~ P . ~ I ~.~I - ~ ~ I i ' I" I~"~ ..... ~"~-f .... [~q ~ ,/// ;.~, i~'. ~ . I I 1~ ', ', , I. I,'11 ~ I I /, I / ~ I I :[ _ I I ~ It~d ~ ~ ~ /;II~', ~ : . ~ I1~_ ~~-.~..~ - ~.- '~ ................................... 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