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Ord. appv'd. by CC 12/12/03cOPPELL September 8, 2003 Mr. Jon Dostert The Hohnes Builders 1406 Halsey Way, Suite 100 Carrollton, TX 75007 RE: Ordinance for Case No. PD-181R~ Bethel Road Estate% Lot 1~ Block 1 Dear Mr. Dostert: On July 8, 2003, the Coppell City Council approved a zoning change from PD-181-SF-12 (Planned Development-181, Single Family-12) to PD-181R (Planned Development-181, Single Family-12, Revised) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance, on 0.863 of an acre of property located at 260 West Bethel Road. Attached you will find a copy of Ordinaa~ce No. 91500-A-351, which was approved by Council and signed by the Mayor on August 12, 2003. If you have any questions, please contact the Planning Department at (972) 304-3678. /Dire6tor of Planning . { Cc Building Inspection Eddie Johnson, Engineering Department file AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: August 12, 2003 ITEM #: 7/B ITEM CAPTION: Consider approval of an Ordinance for Case No. PD- 181 R, Bethel Road Estates, Lot I Block 1, zoning change from PD- 181 -SF- 12 (Planned Development- 181, Single Family- 12) to PD- 181R (Planned Development- 181, Single Family-12, Revised) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance, on 0.863 of an acre of property located at 260 West Bethel Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meetine: Decision of P&Z Commission: APPROVED BY CITY COUNCIL ON ABOVE DATE N/A N/A Motion to Approve Ord. # 91500-A-351 M - Tunnell S - Suhy Vote - 7-0 On June 19, 2003, the Plarming & Zoning Commission unanimously recommended approval of this zoning change request (7-0). On July 8, 2003, City Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/02 FIN. REVIEW: , CM REVIEW: Document Name: ~PD- 181 R, BRE ORD I-AR(Con. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS Om)INANCE 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 "PD-181" (PLANNED DEVELOPMENT-181) TO "PD-181R" (PLANNED DEVELOPMENT-181 REVISED) TO PROVIDE FOR STUCCO AS A SPECIAL CONDITION FOR THE PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, BUILDING ELEVATIONS, AND ELEVATION OF PERGOLA ATTACHED HERETO AS EXHIBITS "B, C, AND D", 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 governing body is of the opinion that Zoning Application No. PD-181R 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 goveming body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by amending Ord'mance No. 91500-A-241 granting PD-181 to "PD-181R" (Planned Development-181 Revised) for the property described in Exhibit "A", which is attached hereto and made a part hereof for all purposes. i 58006 SECTION 2. That the property shall be developed and used only in accordance with the following conditions set forth in Ordinance No. 91500-A-241 and with the following additional special conditions, which are as follows: A. That the stucco method used shall be the three-fourths inch (3/n") tree-step process over four inch (4") concrete masonry block. B. Provision of a landscape plan for this lot, which locates 21 caliper inches (DBH) if trees as required in the original PD. SECTION 3. That as except as amended herein, Ordinance No. 91500-A-241, including the special conditions and development regulations specified therein, remains in full force and effect and the Site Plan, Building Elevations and Elevations of the Pergola attached hereto as exhibits "B, C and D", respectively, and made a part hereof for all purposes, are 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. 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. 2 58006 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 i'me not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and eveu 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 /~.'/~ day of t,,.~, 2003. DI~'~JGLAS'N. STOVER MAYOR ATTEST: ROBERT E. }L~R, CITY ATTORNEY 01liH/cdb 3 58006 Legal Description Being all of Lot 1, Block 1 of the Bethel Road Estates Addition, City of Coppell, Dallas County, Texas, containing 0.863 of an acre of land, and also being described at 260 W. Bethel Road, Coppell, Texas Exm'BIT 'A' o:x~{BIT B '- ~mIBIT