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CC approval of ORD-10/12/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: October 12, 2004 ITEM #: 7/E ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-161R-SF-12, Stratford Manor, zoning change from PD-161- SF- 12 (Planned Development- 161-Single Family- 12) to PD- 161R-SF- 12 (Planned Development- 161 Revised- Single Family-12), to amend the Landscape Plan to allow for an 144-square~foot entry building, with landscaping in the common area (Lot 1X), and authorizing the Mayor to sign. GOAL(S): I~! ~ EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. 91500-A-390 M - York S - Raines Vote - 7-0 ? On August 19, 2004, the Planning Commission unanimously approved (5-0) this zoning change. On September 14, 2004, Council unanimously approved (6-0) this zoning change. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~PD- 161R ORD I-AR (Consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS O INA CE NO.' '/,5'OO-FI 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-161- SF-12 (PLANNED DEVELOPMENT-161-SINGLE FAMILY-12) TO PD-161R-SF-12 (PLANNED DEVELOPMENT-161-REVISED-SINGLE FAMILY-12) TO ALLOW THE CONSTRUCTION OF AN 144- SQUARE-FOOT STRUCTURE AND REVISED LANDSCAPE PLAN FOR LOT 1X, BLOCK B, OF THE STRATFORD MANOR ADDITION; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF A LANDSCAPE PLAN AND BUILDING ELEVATIONS, ATTACHED HERETO AS EXHIBITS "A", AND "B", 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 heatings 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-161R-SF-12 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-161-SF-12 (Planned Development-161-Single Family-12) to PD-161R-SF-12 (Planned Development- 1 68222 161 Revised-Single Family-12) to allow the construction of an 144-square foot accessory structure, as depicted on the Landscape Plan and Building Elevation Plan, Exhibits "A" and "B", respectively, and revised Landscape Plan for Lot 1X, Block B, of the Stratford Manor Addition. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: Provisions of Ordinance No. 91500-A-177 and the development standards adopted therein shall continue in full force and effect, except as amended herein. Prior to the issuance of a building permit for any structure authorized herein, the Engineering Department must review such plans to verify the location of the existing water and sewer mains and utility services relative to the proposed structure. In the event that the structure permitted herein is built over or with a utility easement, the Owner shall be required, at its cost, to relocate such lines. SECTION 3. That the Landscape Plan and Building Elevations, attached hereto as Exhibits "A", and "B", respectively, and made a part hereof for all purposes, are hereby, approved. 2 68222 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 am 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 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 3 68222 ($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 /~. dayof ~a.~ ,2004. DOU~GLA~'N. ST~V~ ~R, MAYOR ATTEST: LIBBY BAL~, CITY SECRETARY APPRO~ ROBE!k~ E. HAGE~'~ITY ATTORNEY (REH/cdb [ rcvt'ged only] 07/27/04) 4 68222 EXHIBIT "A" III II Ii, I EXHIBIT 'B"