CC approval of ORD 8/10/04AGENDA REQUEST FORM
COPPELL
DEPT: Planning
DATE: August 10, 2004
ITEM #: 7/E
ITEM CAPTION:
Consider approval an Ordinance for Case No. PD-163 R2-SF-9, Windsor Estates, zoning change from PD-163R-
SF-9 (Planned Development 163-Revised-Single Family-9) to PD- 163R2-SF-9 (Planned Development 163-
Revision 2-Single Family-9) to allow the replatting of Lots 4&5, Block B, into one lot; revising the size o£the
common areas (Lots 1X and 19X, Block A); revising the size of Lots 1,2, 14, 16 and 17, Block A; renaming Lot
15 to Lot 15X, and revising the 100-year Flood Plain line, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
N/A
N/A
Motion to Approve
Ord. # 91500-A-384
M - Tunnell
S - Suhy
Vote - 6-0
York absent
On December 18, 2003, the Planning Commission unanimously approved this change (7-0).
On January 13, 2004, Council unanimously approved this change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 02/04 Document Name: (~ PD-163R ORD I-AR (Consent)
AN ORDIN,ANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/~0~ --]~ =' 3E4
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-163R-
SF-9 (PLANNED DEVELOPMENT 163-REVISED-SINGLE FAMILY-9)
TO PD-163R2-SF-9 (PLANNED DEVELOPMENT 163-REVISION 2-
SINGLE FAMILY-9) TO ALLOW: REPLATTING LOTS 4&5, BLOCK
B, INTO ONE LOT; REVISING THE SIZE OF THE COMMON AREAS
(LOTS IX AND 19X, BLOCK A); REVISING THE SIZE OF LOTS 1, 2,
14, 16 AND 17, BLOCK A; RENAMING LOT 15 TO LOT 15X, AND
REVISING THE 100-YEAR FLOOD PLAIN LINE ON 15.78 ACRE
TRACT OF LAND, BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL
OF A REVISED DETAILED SITE PLAN, REVISED DETAIL SITE PLAN
FOR LOT 41t, BLOCK B, AND REVISED DEFOREST ROAD ENTRY
LANDSCAPE PLAN, 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 governing body of the
City of CoppelI, 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-
163R2-SF-9 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:
66459
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-163R-SF-9
(Planned Development 163-Revised-Single Family-9) to PD-163R2-SF-9 (Planned
Development 163-Revision 2-Single Family-9) to allow: replatting Lots 4&5, Block B, into
one lot; revising the size of the common areas (Lots 1X and 19X, Block A); revising the size
of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising the 100-year
Flood Plain line on 15.78 acre tract of land, 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. The Windsor Estates Homeowners Association shall maintain the 728-square
feet of landscaped area within the previously dedicated right-of-way for
DeForest Road as provided for in the License Agreement by and between the
City of Coppell and Windsor Estates HOA as approved by City Council on July
6, 2004.
B. Provisions of Ordinance No. 91500-A-222 shall continue in full force and
effect except as amended herein.
2 66459
SECTION 3. That the Revised Detail Site Plan, Revised Detail Site Plan for Lot 4R,
Block B and Revised DeForest Road Entry Landscape Plan, 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.
SECTION 7. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Cornprehensive 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
3 66459
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 thc 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 ]0 -~ day
of f'/(~.,t~.,,'~t~-. ,2004.
ED:
DOUGLAS ~. ~'~OV~"RT), MAYOR
ATTEST:
LIBBY BALL~TY SECRETARY
APPROVED AS TO FORM:
(REH/cdb [ revised only] 07~7/04)
4 66459
LEGAL DESCRIPTION
EXHIBIT "A"
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~5~H£BIT
S~[~(I~Ifl8 S~{I~qOH
EXHIBIT "C"