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ORD apprv'd. by CC 1/13/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: January 13, 2004 ITEM #: 18 ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-197R, Old Coppell Townhomes, zoning change from 197-HO-TH-1/C (Historic Overlay-Townhouse-1/Commercial) to PD-197R-HO-TH-1/C (Planned Development- 197 Revised-Historic Overlay-Townhouse-1/Commercial) to attach a Detail Site Plan to allow the development of 19 townhouses and a recreation area on approximately 2.9 acres of property located along the east side of Coppell Road, north of Bethel Road, and authorizing the Mayor to sign. Motion to Approve GOAL(S): EXECUTIVE SUMMARY: Date of P&z Meetine: Decision of P&Z Commission: APPROVED BY CITY COUNCIL N/AON ABOVE DATE N/A Ord. # 91500-A-367 M - York S - Tunnell Vote - 5-1-1 Peters voted against Faught abstained having filed a Conflict of Interest Affidavit On November 20, 2003, the Planning & Zoning Commission unanimously recommended approval of this zoning change (6-0). On December 9, 2003, Council approved this zoning change (4-1). Councilwoman Peters opposed. Councilman Faught was excused because of conflict of interest. Staff recommends approval. DIR. REVIEW: ~ ~.~'.,~ Agenda Request Form - Revised 09/02 FIN. REVIEW: REVIEW: ~ ..... Document Name: ~lPD-197R. ORD l-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. (tl.5'00 ' 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 "PD-197-HO-TH-1/C" (PLANNED DEVELOPMENT-197-HISTORIC OVERLAY-TOWNHOUSE- 1 COMMERCIAL) TO "PD-197-HO-TH-1/CR" (PLANNED DEVELOPMENT-197-HISTORIC OVERLAY - TOWNHOUSE-I COMMERCIAL REVISED) TO ATTACH A DETAIL SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF NINETEEN (19) RESIDENCES AND A RECREATION AREA ON 2.9 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF COPPELL ROAD, NORTH OF BETHEL, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B, C, AND D, 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 goveming 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-197R 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 "PD-197-HO-TH-1/C" (Planned Development-197-Historic Overlay-Townhouse-1 Commercial) to "PD-197-HO-TH-1/CR" (Planned Development 197-Historic Overlay-Townhouse-1 Commemial Revised) to attach a 1 61605 Detail Site Plan to allow for the development of nineteen (19) residences and a recreation area on 2.9 acres of property located along the east side of Coppell road, 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 special conditions, which are as follows: A. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-353 which is incorporated herein as set forth in full and hereby republished. B. That the property shall be developed in accordance with the Detail Site Plan, Landscape Plan and Elevations. C. Paint colors apply as indicated on the submitted color board. D. The board-on-board screening fence, as shown on the color board shall be extended along the entire length of the east property line. SECTION 3. That Site Plan, Landscape Plan and Elevations, 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 maturer 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 fome 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 61605 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 al2er 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 ~,e~k~,t,.-, 2004. ~..A~,~ J ~ APe DOU(J'LXS 1~ STO'k~'R,' MAYOR ATTEST: ,/~ '""L~BB~ ~2,-~,, ~iTY SECRETARY ROBERT E. HAGE)~_/'(2ITY ATTORNEY (REH/cdb Reviewed & Revised 12/30/03) 3 61605 LEGAL DESCRIPTION WHEREAS Ran Robertson, LLC, is the owner of land situated in the J. ~ Anderson Survey. Abstract. No. lB in the city of Coppell, Dallas County, Texas, being a called 5.163 acre tract os described in deed recorded in Volume 9B004, Page 4229, a ca/led 0.258 acre tract, as described in deed recorded ir Volume 98159, Page 2900, and o property located at 544 $ Coppell Rood, (no known owner at lhe County of Dallas and no volume and page available) oll of the Deed Records of Dallas Count.y, Texas, and being more parbcularly described by metes and bounds ae fallows,. BEGINNING at o found I/2' iron rod in East Right-cf-Way line of South Coppell Rood (a 60,0 foot Right-of-Way), and said iron rod being the Southwest corner of said 5.165 acre tract; THENCE North O0 degrees 02 minutes 11 seconds West, along the East line of said ~outh Coppe,'l Road, a d/stance of 258. 12 feet to o found 1/2~ iron rod; THENCE South 87 degrees 41 minutes 42 seconds East, departing the East h'ne of sold Coppell Rood, o distance of 181.78 feet to a found 1/2" iron rod; THENCE North O0 degrees 51 minutes 58 seconds West, a distance of 157,77 feet to o found 1/2' iron rd< THENCE South 87 degrees 40 minutes 46 seconds East, o distance of 298.00 feet to a found 1/2~ iron rd THENCE South O0 degree~ 05 minutes 25 seconds West, a distance of 399.27 feet to a found 1/2' iran rc THENCE North 8g degrees 40 minutes 05 seconds West, a distance of 477.15 feet to the POINT OF BEGINNING end containing 156.112 square feet or 5.813 acres of land. FO~HI BI T "A" I~.HIBIT "B" L :ll~lii~ Z ~iXH £BIT "D"