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Ordinance apprv'd by CC 2/10/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: February 10, 2004 ITEM #: 15 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-13 IR5-SF-12, The Estates of Cambridge Manor, Lot 7, Block B, zoning change from PD- 131R-SF- 12 (Planned Development 131-Revised-Single Family- 12) to PD- 131RS-SF- 12 (Planned Development 131-Revision 5-Single Family-12), to allow a reduction of the required rear yard from 20 feet to 12 feet to allow the expansion of the existing home located at 829 Kings Canyon Court, and authorizing the Mayor to sign. APPROVED BY Motion to Approve Ord. 91500-A-370 CiTY COUNCIL M - Peters ON ABOVE DATE S-Faught GOAL(S): Vote - 4-3 EXECUTIVE SUMMARY: Raines, Tunnell & Suhy voted against. Date of P&Z Meeting: N/A Mayor broke the tie by voting in favor. Decision of P&Z Commission: N/A On December 18, 2003, the Planning Commission unanimously approved this zoning change (7-0). On January 13, 2004, Council approved this zoning change (4-3) with Councilmembers Tunnell, Suey and York voting for denial. Staff recommends approval. DIR. REVIEW: =~" ,.~® ..... FIN. REVIEW: ~ ~ CM REVIEW: ..... °6°° Agenda Request Form - Revised 09/02 Document Name: ~v)7PD- 131 R50RD 1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~[~00 - tQ '--~Td~ 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 ZONING CHANGE FROM PD-131R-SF-12 (PLANNED DEVELOPMENT 131-REVISED-SINGLE FAMILY-12) TO PD-I31RS-SF- 12 (PLANNED DEVELOPMENT 131-REVISION 5-SINGLE FAMILY-12), TO ALLOW A REDUCTION OF THE REQUIRED REAR YARD FROM 20 FEET TO 12 FEET TO ALLOW THE EXPANSION OF THE EXISTING HOME LOCATED AT 829 KINGS CANYON COURT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A REVISED SITE PLAN AND FLOOR PLAN, ATTACHED HERETO AS EXHIBITS "B" AND "C", 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 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-131R5 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 CoppelI, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning change from PD-131R-SF-12 (Planned Development 131-Revised-Single Family-12) to PD-131R5-SF-12 (Planned Development 131-Revision 5-Single Family-12), to allow a reduction of the required rear yard from 20 feet to 12 feet to allow the expansion of the existing home located at 829 Kings Canyon 1 62287 Court 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 following development conditions set forth: A. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-119, which is incorporated herein as set forth in full and hereby republished. B. The site shall be developed in accordance with the site plan and floor plan which are attached hereto as a further condition. SECTION 3. That the Site Plan and Floor Plan, attached hereto as Exhibits "B" and "C", respectively, and made a part hereof for ali 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 affcct 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 62287 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 Copp¢ll, 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 ~ day of (/~.0 ~ ~-,~1~'~', 2004. DOL~LAS ~ STOVER, MAYOR ATTEST: LIBBi/BATTY SECRET~RY 3 62287 Legal Description of 829 Kings Canyon Court Being Lot 7, Block B of the Estates of Cambridge Manor, an addition to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in Volume 94250, Page 346, Map Records Dallas County. EXHIBIT 'A' TO TItE LIENItOLDE¥~S AND/OR TIlE OWNERS ^ND TIlE I'UR( IIASERS OF THE PREMISES This is Io { erUfy [hal have made a careful and a( curate survey of Ihe property lot aled al t~29 KINGS CANYON COURT in the (ily of COPPI~LL, I)ALLAS County, Texas, d~scribed as follows: Being LOT 7, BLOCK B of THE ESTATES OF ( AMICRIDGI~ MANOR, an Addilion to the City of COPPELL, DALI,AS County, Texas, according [o the Plat thereof recorded in Volume 94250, Page 346, Map Records, DM,LAS Courtly, Texas NOTE: 'D~e easemenl~ recorded in Vol. 697, Pg. 537 and Vol. 958, Pg. 599, 1) R.D (] T do NOT affecl this property. MEAS. 99.96 CALLED 1.00 Co I,OT G EXHIBIT "B"