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PD187-AG000808C-OPPLLL AGENDA REQUEST FORM CITY COUNCIL MEETING: August 8, 2000 ITEM # t ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-604(CH) zoning change from MF-2 (Multi Family-2) to PD-MF-2 (Planned Development, MF-2) on approximately 3.6 acres of property located along the west side of Harris Street, north of Bethel School Road, and authorizing the Mayor to sign. SUBMITTF~~ TITtlE: Director of Planninfland Community Services STAFF Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A APPROVED BY CITY COUNCIL This zoning change was recommended unanimously by the Commission on June 15, 2000. This zoning change was approved by Council (5-1) July 11, 2000, with Councilmember Tunnell voting to oppose. Staff recommends approval. DIR. INITIALS: Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: ~ZC604o AN oRDINANCE OFTHE crrv oF TEXAS Om INANCE NO. 7 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 MF-2 (MULTIFAMII,Y-2) TO PD-MF-2 (PLANNED DEVELOPMENT-MULTIYAMILY-2) FOR APPROXIMATELY 3.6 ACRES OF LAND LOCATED ON THE WEST SIDE OF HARRIS STREET, NORTH OF BETHEL SCHOOL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACI/ED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FRONT FENCE ELEVATION PLAN, AND LANDSCAPE 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. WI~E~S, 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 a~er 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. ZC-604(CH) 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 COUNCH, 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 MF-2 (Multifamily-2) to PD-MF- 2 (Planned Development-Multifamily-2) for approximately 3.6 acres located on the west side of Harris Street, north of Bethel School Road, and being more particularly described in Exhibit "A," attached hereto and made a part hereof for all purposes. ATTACHED TO T C.C. PACKET SECTION 2. That the above property, developed in accordance with the special condition clause and with the attached Exhibit "B" being the detailed site plan 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 3. 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 4. 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 5. 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 6. That any person, finn 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 mended, 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 7. That this ordinance shall take effect immediately l~om and at, er its passage and the publication of its caption, as the law and charter in such cases provide. 2 34953 DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of APPROVED: CA_N'~Y SH~~, MAYOR ATTEST: APPR~ TO FORM: (REH/j Id 7/27/00) 3 34953 SiTE PLAN FOR ZC NO. 604 (CH) PD 187 - MF--2 LEGAL DESCRIPTION WHEREAS, Duane T. McClurg is the owner of a 3.780 acre tract of land situ~£ed in the J. W. Anderson Survey, Abstrsct No. 18 in the City of Coppell~ Dollam-; County, Texas, as recorded in Volume 84237, Pages 4660-4662, in the Deed "~. Records of Dallas, County, Texas, and said tract of land being mo're particularly described as follows: BEGINNING at an iron pin at the southwest corner of said tract of described in Volume 84237, Pages 4660-4662, said point also being NOO°19'19"W a distance of 91.90 feet from ~ corner on the s~uth~'line of the Shadow Ridge Estates; THENCE NOO°17'IO"E a distance of 325.49 feet to an iron pin for a corner; THENCE S89°57'26"E a distance of 507.77 feet to an iron pin for a corner; THENCE S00o49'4t"W a distance of 221.13 feet to an iron pin for a corner;. THENCE sgo°o0'o0"W a distance of 51.50 feet to an iron pin at the point-of curvature of a~curve to the left, and said curve having a central angle of 180o00'00'', a radius of 50.00 feet and a l'ength of 157.~8 feet; THENCE SO0OO0'O0"W a distance of 4.00 feet to an iron pin for a corner; THENCE S90°O0'O0"W a distance of 454.70 feet to the POINT OF BEGINNING and containing ~.569 acres of land more or less. EXHIBIT "A"