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10/8/02 CC apprvl of OrdinanceAGENDA REQUEST FORM COPPELL DEPT: Planning & Economic Development DATE: October 8, 2002 ITEM #: 8/M ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-610(CH)/PD-198, zoning change from C (Commercial) to PD-198-SF-7 (Planned Development-198-Single-family-7), to recognize existing residential single-family uses on approximately nine acres of property located along Bullock and Howell Drives, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: APPROVED 'BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91§00-A-339 M - Tunnell $ - I~aines 'ore - 6-0 Stover absent Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On August 15 2002, the Planning and Zoning Commission unanimously approved this zoning change (5-0). On September 10, 2002, Council unanimously approved this revision (7-0). Staff recommends approval. DIR. REVIEW: o~ Agenda Request Form - Revised 09/02 FIN. REVIEW: Document Name: ~ZC610(CH)PDI98SF7ORD 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ '"/gl '- ~.~ 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 "C" (COMMERCIAL) TO "PD-198-SF-7" (PLANNED DEVELOPMENT-198-SINGLE FAMILY-7) TO PROVIDE THE APPROPRIATE ZONING FOR EXISTING RESIDENTIAL SINGLE-FAMILY USES ON APPROXIMATELY NINE (9) ACRES LOCATED ALONG BULLOCK DRIVE AND HOWELL DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR DEVELOPMENT CONDITIONS, WHICH ARE ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT "C"; 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. ZC- 610(CH)/PD-198 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 "C" (Commercial) to "PD-198- SF-7" (Planned Development-198, Single-Family) to provide the appropriate zoning district for existing residential single-family uses on approximately nine (9) acres of property located along 1 5o7o8 Bullock Drive and Howell Drive, and being more particularly 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 development conditions, which are attached hereto and incorporated herein as Exhibit "B". SECTION 3. That the Site Plan, attached hereto as Exhibit "C", and made a part hereof for all purposes, is hereby, approved. SECTION 4. That the above pmpen'y 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 mended, 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 2 50798 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 fi.om 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 ~I~ day of ~ 2002. L, ~r';' S~-CRETAI~Y APPROVED AS TO FORM: ROBERT E. H&GER, CITY ~T~ORNEY (REH/cclb 9F26~02) 3 50798 LEGAL DESCRIPTION FOR PD 198-SF-7 Residential Lots in North Lake Estates 821 Howell Drive 817 Howell Drive 813 Howell Drive 809 Howell Drive 805 Howell Drive 801 Howell Drive 800 Howell Drive 804 Howell Drive 808 Howell Drive 812 Howell Drive 816 Howell Drive 820 Howell Drive 824 Howell Drive 833 Bullock Drive 829 Bullock Drive 825 Bullock Drive 821 Bullock Drive 817 Bullock Drive 813 Bullock Drive 809 Bullock Drive 805 Bullock Drive 801 Bullock Drive 800 Bullock Drive 804 Bullock Drive 808 Bullock Drive 812 Bullock Drive 816 Bullock Drive 820 Bullock Drive 824 Bullock Drive 828 Bullock Drive EXHIBIT "A" PD-198 CONDITIONS A. Use regulations A building or premise shall be used only for the following purposes: 1. Any use permitted in the SF-ED, SF-18, SF-12, SF-9 or SF-7 districts. 2. Home occupation. 3. Such uses as may be permitted under the provisions of special use permits in the Sections 12-30-5 and 12-30-6 of the Zoning Ordinance. B. Maximum height regulations. The maximum height regulations will be 35 feet nor more than two-stories in height. C. Area regulations. 1. Minimum size of yards: (A) Front yard: 25 feet. (B) Side yard: Eight feet. Adjacent to a side street, 15 feet. Allowable non-residential uses, 25 feet. (C)Rear yard: 20 feet. D. Minimum size of lot: (A) Lot area: 7,000-square feet. (B) Lot width: 65 feet. (C) Lot depth: 100 feet. E. Minimum dwelling size: 1,200-square feet, exclusive of garages, breezeways, and porches. F. Lot coverage: the combined area of the main buildings and accessory buildings may cover 40 percent of the total area. G. Two off-street parking spaces shall be provided per dwelling trait. H. Type of Exterior Construction: (A) All structures in existence at the time of this ordinance shall be considered conforming as to the masonry requirements. (B) Additions to existing homes may be of similar material as the materials of the existing structures, subject to compliance with current building code requirements. (C) All new residential construction shall be as follows: at least 80 percent of the exterior walls of the first floor of all structures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line I. All residential structures are deemed conforming. Construction of new homes shall adhere to the regulations as set forth herein. Exhibit "11" 0 0 Exhibit "C"