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CC approval of ORD-7/6/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: July 6, 2004 ITEM #: 16 1TEM CAPTION: Consider approval of an Ordinance for Case No. PD-201-TH-2, Riverchase Townhomes, Lots 1-49, zoning change from LI (Light Industrial) to PD-20 I-TH-2 (Planned Development-201, Townhouse-2) to allow the construction of 48 single-family attached homes and all common areas on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Residential High Density, and autl~orizing the Mayor to sign. APPROVED BY Motion to Approve GOAL(S): EXECUTIVE SUMMARY: CITY COUNCIL ON ABOVE DATE Ord. # 91500-A-383 Vl - Brancheau S - Faught Vote - 6-0 Tunnell absent Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 20, 2004, the Planning Commission approved both the zoning change and Land Use Plan amendment (6- 0). On June 8, 2004, Council approved both the zoning change and Land Use Plan amendment (5-1), with Councilwoman Tunnell opposing. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: (~ 9PD-201 ORD I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS O IN CE NO. ff/O%O",q-- :3 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 LI (LIGHT INDUSTRIAL) TO "PD-201-TH-2" (PLANNED DEVELOPMENT - 201 - TOWNHOUSE-2) TO ALLOW FOR THE DEVELOPMENT OF FORTY-EIGHT(48) SINGLE-FAMILY ATTACHED HOMES AND ALL COMMON AREAS ON 4.42 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF MACARTHUR BOULEVARD, APPROXIMATELY 1,400 FEET NORTH OF RIVERCHASE DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND FURTHER A3IENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT 1NDUSTRIAL/SItOWROOM TO A HIGH DENSITY RESIDENTIAL DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT "B", PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, AND COLOR RENDERING, ATTACHED HERETO AS EXHIBITS "C", "D", "E" AND "F,' 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 xvith 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-201-TH-2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. 65936 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 o£ Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "PD-201- TH-2"(Planned Development - 201 Townhouse-2) to provide the appropriate zoning district for the development of forty-eight (48) single family attached homes and all common areas on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and being more particularly described in Exhibit "A", attached hereto and made a part hereo£ £or all purposes and further amending, in part, the Land Use Map of the Comprehensive Plan changing thc designation from Light Industrial/Showroom to a High Density Residential designation on the tract of land as described herein, and authorizing the Director of Planning to amend the Land Use Map in accordance the Exhibit "B". SECTION 2. That the property shall be developed in accordance with TH development standards under the Coppell Zoning Ordinance except as amended in the special conditions, which are as follows: A) Lot #49 must conform to the provisions of Sec. 33-1-8-C of the Zoning Ordinance. B) Provide rear-yard fencing around project, preferable decorative metal with brick columns matching brick ofbnildings. C) A disclosure statement, as approved by the Director of Planning, must be made at the time of the signing of the purchase contract that this development is adjacent to a lighted public park with night time use until 11 p.m. 2 65936 SECTION 3. That Site Plan, Landscape Plan, Elevations, and Color Rendering attached hereto as Exhibits "C", "D", "E", and "F" respectively, and made a part hereof for ail 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 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. 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 Coppcll, as heretofore amended, and upon conviction shall be punished by a 3 65936 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 ~ _l/_ff.~ day of DO[ ~LAS~. Sqf(~V'~'R, MAYOR LIBg5~ B~L~ CITY S-ECRI~TARY ^PPROV D AS*O mRM: ////// RO~ER~I' EJ I~AGER,'~CI~Y 'AT,~xlEY (RElk'cdb 6/29/04) 4 65936 PD-201 -Ttl-2 LEGAL DESCRIPTION E~HIBIT "A" Ill ~£BIT EXHIBIT ~diIBIT "E-I" EXHIBIT "E-2" -¸1