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CC ORD approval on 7/6/04AGENDA REQUEST FORM COFFELL DEPT: Planning DATE: July 6, 2004 ITEM #: 7/G ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-145R3, Woodridge, Section 5, Lot 58, Block A, zoning change from PD- 145R (Planned Development- 145 Revised) to PD- 145R3 (Planned Development- 145 Revision-3 ), to allow the construction of a carport to extend to the rear property line (a variance of 3 feet) located at 1040 Mapleleaf Lane, 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-378 M - Peters S - York Vote - 6-0 Tunnell absent On May 20, 2004, the Planning Commission unanimously approved this zoning change (6-0). On June 8, 2004, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~PD-145R30RD 1-AR (Con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 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-145R" (PLANNED DEVELOPMENT-145 REVISED) TO "PD-145R3" (PLANNED DEVELOPMENT 145 REVISION 3) TO ALLOW FOR THE CONSTRUCTION OF A CARPORT TO EXTEND TO THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 1040 MAPLELEAF LANE; MORE PARTICULARLY DESCRIBED AS WOODRIDGE, SECTION 5, LOT 58, BLOCK A; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF CARPORT PLAN, ATTACHED HERETO AS EXHIBITS "A-I", "A-2" AND "A-3", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIlATY 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 Planmng 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-145R3 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-145R" (Planned Development 145 Revised) to PD-145R3 (Planned Development - 145 Revision 3) to allow for the 65773 construction of a carport to extend to the rear property line on property located at 1040 Mapleleaf Lane, being more particularly described as Woodridge, Section 5, Lot 58, Block A. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: A. That the property shall be developed in accordance with the development conditions contained in PD-145R, Ordinance 91500-A-143, except as herein amended. B. Closely match the brick used for the columns with the material on the home. C. Engineered foundation plans will be required as part of the building permit submittal. SECTION 3. That the Carport Plan, attached hereto as Exhibits "A-I", "A-2" and "A-3", 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 mnended, and as amended heroin. 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 65773 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 ($2,000.00) for each offense; and each and ever}, day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~:7 ~ day of  :? ,2004. ~ DOU~}kS N.'~TOVER, MAYOR ATTEST: APPROA/ED AS TO FORM: .~. LIBBY BPxf/L.~,//~ CITY SECRETARY R(~BERT E. HAGEn, C~T_~ ~TT/ORN~Y (REH/cdb 6/22/04) 3 65773 L.B. Cc~$~uc!jons Se~v~ees~ Inc. - E~u~l<Je~