PD179-AG 991012,~~~~~~ AGENDA REQUEST FORM
ETING: October 12, 1999 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-179 DeForest Court, zoning change request from A
(Agriculture) to PD-SF-12 (Planned Development, Single Family-12), to allow the development of a 17-lot
residential subdivision with common areas on approximately 8.4 acres of property located at 703 DeForest
Road, and authorizing the Mayor to sign.
PP OV£O
............. ~_~ CiTY COUNCIL
SUmITTED~f: Oary k. Sieb
TITLE'K. Director of Planningjt,rld Community Services (.0/~ ~.~ ~ ~1,-~'0~)" iq" ~,.3 {
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on September 14, 1999.
Staff recommends approval.
Agenda Request Form ' 2/99 Document Name: ~PD179o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
Om INANCE NO. -,q - ;Z I
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 "A" (AGRICULTURE) TO
"PD-SF-12" (PLANNED DEVELOPMENT, _SINGLE FAMILY-12) FOR
THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A
ZONING EXHIBIT, SITE PLAN, LANDSCAPE PLAN, TREE
MITIGATION PLAN, AND TREE SURVEY, ATTACHED HERETO AS
EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY; 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 ail
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. PD-179
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 "A" (Agriculture) to "PD-SF-12"
(Planned Development, Single Family-12) for the property described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
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SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions and the Zoning Exhibit and Site Plan, Landscape Plan, Tree
Mitigation Plan, and Tree Survey attached hereto as Exhibits "B", "C", "D", and "E", respectively:
A. Except as modified herein the property shall be used and developed in
accordance with "SF-12" Single Family- 12 District regulations.
B. No building permit or certificate of occupancy shall be issued for any
portion of the property until a Detail Site Plan is approved after public heating by City
Council and Planning and Zoning Commission.
C. Cul-de-sac length limit of Six Hundred Feet (600') waived by the City
Council.
D. Payment of the $1,285 per dwelling unit parkland dedication fee.
E. A number of trees located on the northem portion of the site are in an area
where extensive fill will be required to bring the site out of the flood plain. The
preservation techniques used on such trees will be closely monitored and additional
mitigation may be required if it is determined these trees have little chance of survival after
development.
F. No tree removal may occur on site prior to the issuance of an executed tree
removal permit.
G. DeForest Road to be elevated above the 100 year Flood Plain elevation.
SECTION 3. That the Zoning Exhibit and Site Plan, Landscape Plan, Tree Mitigation
Plan, and Tree Survey attached hereto as Exhibits "B", "C", "D", and "E", respectively, and made a
part hereof for all purposes, are hereby, approved.
2 28347
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 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 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 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.
3 28347
DULY PASSED by the City Council of the City of Coppell, Texas, this the/~ ~1~ day
of ~~~.~L_, 1999.
APPROVED:
ATTEST:
~ECRETARY
(REH/cdb 9/24/99)
4 28347
LE(}AL DESCRIPTION
STAE OF TEXAS
COUNTY OF DENTON
Where as CoppellOptimum Assets, LLC. is the owner of a 8.z129 acre tract
of land situated in the W.A. Triable Survey, Abstract No. 1268, in th City of
Coppell, said tract being allot a 8.429 acre tract described in deed to Coppelt
Optimum Assets LLC.,os recQrded in Volume xxxx, Pg. xxx Deed Records Dallas
County Texas (D.R.D.C.T.), and being more particularly described by meets and
bounds as follows:
BEGINNING at a 1/2 Inch iron rod with plastic cap stamped "Halff Assoc. Inc."
(here to refered to as 'with cap"), said point being the southwest corner
of Lot 3 of the Nettle Long Addition to the City of Cappellas recorded in
Volume 96044 Pg. 236 D.R.D.C.T., said point also being on the north
right-of-way line of a Deforest Road (40 ft. R.O.R.):
THENCE West, along said north right-of-way line, a dlstance of 309.40 feet
to a 1/2 inch iron rod with cap set for a corner;
THENCE North, departing said north right-of-way line, a distance of 1288.97
feet to a point for a corner, said point being within the high banks of
Denton Ceek;
THENCE South 35 degrees 44 minutes 59 seconds East, within said bo~ks of
Denton Creek, o distance of 81.39 feet to o point for o corner;
THENCE South 55 degrees 55 minutes OD seconds East, within said banks of
Denton Creek a distance of 338.00 feet to o point for o corner;
THENCE South 51 degrees 54 minutes 55 seconds East, within said banks of
Denton Creek o dlstonce of 9.06 feet to o point for a corner:
THENCE South, departing said banks of Denton Creek, o distance of 404.40
feet to o 1/2 inch iron rod with cop set for o corner;
THENCE WEST, o distance of 25.22 feet to o 1/2 inch iron ~od with cop
set for o corner:
THENCE South, o distance of 623.52 feet to the POINT OF BEGINNING and
containing 367,175 Sq. feet or 8.429 acres of land more or less.
EXHIBIT "A"
Deforest Road
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I{ ~ {A~ ORNAINYAL TR{ PLAMTal OlYAIL TR{{ PLANTING DETAIL Il --. e.~.~,
ORNAMENTAL TREE PLANTING DETAIL GROUNDOOVNR PLANTING DETAIL
IHRUm PLANTIN~ ~TA~ TREE PLANTIN~ DETAIL m-
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OEFOREST COURT
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