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CC approval of ORD-12/14/04AGENDA REQUEST FORM COF'PELL 1)EPT: Planning DATE: December 14, 2004 ITEM #: 11/G ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-202-TH-I, Villas of Lake Vista, zoning change from HC (Highway Commercial) to PD-202-TH-1 (Planned Development-202-Townhouse4) to allow the construction of 155 townhome lots and 23 common areas on approximately 22 acres of property located south of Lake Vista Drive, east of MacArthur Blvd. and an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Mixed Use to Residential Medium Density, and authorizing the Mayor to sign. GOAL(S): APPROVED BY CITY COUNCIL ON ABOVE DATE EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Motion to Approve Ord. # 91500-A-398 M - York S - Suhy Vote - 6-0 Tunnell absent On July 15, 2004, the Planning Commission unanimously approved this zoning change (7-0). On August ! 0, 2004, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~ PD-202 ORD I-AR (Consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~.,~.. ~-~8 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OE THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM HC (HIGHWAY COMMERCIAL) TO "PD-202-TH-I" (PLANNED DEVELOPMENT - 202 - TOWNHOUSE-I) TO ALLOW FOR THE DEVELOPMENT OF ONE HUNDRED AND FIFTY-FIVE (155) SINGLE-FAMILY ATTACHED HOMES AND ALL COMMON AREAS ON 22 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF MACARTHUR BOULEVARD, SOUTH OF LAKE VISTA DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM MIXED USE TO A RESIDENTIAL MEDIUM DENSITY DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE WITH EXHIBIT "B", PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TREE SURVEY/MITIGATION PLAN, LAYOUT PLAN, LANDSCAPE PLAN, DETAILS SHEET, ELEVATIONS, SITE PLAN OF AMENITY CENTER AND BUILDING AND ENTRY TOWER ELEVATIONS AND COLOR ELEVATIONS OF BUILDINGS, ATTACHED HERETO AS EXHIBITS "C", "D", "E', "F", "G", "H', "I", "J" 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 la~vs 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 1 69975 the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD- 202-TH-1 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. By granting a change in zoning from HC (Highway Commercial) to "PD- 202-TH-I" (Planned Development - 202 Townhouse-1) to allow for the development of one hundred and fifty-five (155) single-family attached homes and all common areas on 22 acres of property located along the east side of MacArthur Boulevard, south of Lake Vista Drive and being more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes; and further amending, in part, the Land Use Map of the Cornprehensive Plan changing the designation from Mixed Use to a Residential Medium Density 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. SECTION2. That the property shall be developed in accordance with TH-I development standards under the Coppell Zoning Ordinance, except as amended in the special conditions, which are as follows: A) Maximum building height shall be 37 feet, to top of the roof. B) Minimum front yard shall be 15 fect; however, a 20 foot building line shall be observed for the structure or portion of a structure accommodating the required oft'- street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a street. 2 69975 c) D) E) F) G) I) J) K) No side yard shall be required. A building separation of ten feet shall be observed between structures containing no more than three dwelling units and 15 feet betwcen structures having four or more units, not to exceed a maximum of six units per structure. A side yard adjacent to a street shall not be less than 15 feet. Any required off-street parking within the side yard area on a corner lot shall observe a 20 foot side building line. There shall be a 15 foot minimum rear yard as measured from the property line on a platted lot, or 20 feet separation between other townhouse structures located on the same lot. There shall be observed a rear yard of 20 feet for any off-street parking area or structure located in the rear yard having vehicular access from a dedicated alley. Minimum lot area shall be 2,500 square feet. Minimum lot width shall be 25 feet. Minimum lot depth shall be 100 feet, measured at the midpoint of the front and rear lot lines, except that a minimum 90 foot lot dept shall be permitted at the terminus of a cul-de-sac or along street elbows or eyebrows. Minimum dwelling size shall be one-thousand-six-hundred (1,600) square feet, exclusive of exclusive of garages, breezeways and porches. In no case shall more than 70 percent of the total lot area be covered by the combined area of the main buildings and accessory structures. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining lot coverage. Variances to the street spacing requirements of the Subdivision Ordinance, as shown on Exhibit C, Site Plan. Park Development Fees shall be due at the ratio of $1,285 per unit. A tree removal Permit will be required prior to removing any protected trees from this site. SECTION 3. That Site Plan, Tree Survey/Mitigation Plan, Layout Plan, Landscape Plan, Details Sheet, Elevations, Site Plan of Amenity Center and Building and Entry Tower 3 69975 Elevations and Color Elevations of Buildings, attached hereto as Exhibits "C", "D", "E", "F", "G", "H", "I", "J", respectively, and made a par~ 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 lbr by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore atnended, 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 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 tenns of this ordinance shall be subject to the same penalty as provided for in the Comprehensive 4 69975 Zoning Ordinmace 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 the publication of its caption, as the law and charter in such cases provide. PASSED by the City Council of the City of Coppell Texas, this the ~.~day DULY ot~~,~.~, 2004. DOU'~I~S N~ ST~)~'E'~,, MAYOR ATTEST: w/ LIBBY~L, C I~-EC~ARY ROBE~-T E. HAGER,~f~Y ATTORNEY (RI~J I'cdb 12/7/04) ~ 5 69975 LEGAL DESCRIPTION WHEREAS CENTEX LAND HOLDINGS, L.P. is the owner of a tract of land located in the WM. TRIMBLE SURVEY, ABSTRACT NO. 1268 and the J.H. DONALD SURVEY, ABSTRACT NO. 1696, City of Coppell, Denton County, Texas and being all of Lot 1, Block K of VISTA RIDGE LOT 1, BLOCK K, an addition to the City of Coppell, Denton County, Texas, according to the plat thereof recorded in Cabinet U, Page 351 of the Plat Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found for the Northeasterly end of the corner clip intersection of the South right-of-way line of Lake Vista Drive 70 foot wide Public Right-of-way and the East right-of-way line of MacArthur Boulevard 120 foot wide Public Right-of-way; THENCE along the said south line of Lake Vista Drive, the following seven (7) courses and distances: North 71 degrees 44 minutes 27 seconds East, a distance of 99.95 feet to a 1/2 inch iron rod found for corner; North 77 degrees 27 minutes 05 seconds East, a distance of 145.11 feet to a 1/2 inch iron rod found for corner at the beginning of a curve to the right having a central angle of 10 degrees 40 minutes 45 seconds, a radius of 1465.00 feet and a chord bearing and distance of North 82 degrees 47 minutes 28 seconds East, 272.66 feet; Northeasterly, along said curve to the right, an arc distance of 273.06 feet to a 5/8 inch iron rod found for corner; North 88 degrees 07 minutes 50 seconds East, a distance of 812.75 feet to a 5/8 inch iron rod found for corner at the beginning of a curve to the right having a central angle of 43 degrees 42 minutes 44 seconds, a radius of 615.00 feet and a chord bearing and distance of South 70 degrees 00 minutes 48 seconds East, 457.90 feet; Southeasterly, along said curve to the right, an arc distance of 469.20 feet to a 1/2 inch iron rod found for corner; South 48 degrees 09 minutes 27 seconds East, a distance of 341.49 feet to a 1/2 inch iron rod found for corner at the beginning of a curve to the left having a central angle of 29 degrees 25 minutes 12 seconds, a radius of 685.00 feet and a chord bearing and distance of South 62 degrees 52 minutes 03 seconds East, 347.88 feet; Southeasterly, along said curve to the left, an arc distance of 351.73 feet to a 5/8 inch iron rod found for corner at the southeast corner of said Lot 1, Block K; EXHIBIT "A-1" THENCE along the south line of said Lot 1, Block K, the following five (5) courses and distances: North 78 degrees 54 minutes 30 seconds West, a distance of 582.20 feet to a 5/8 inch iron rod found for corner; North 89 degrees 11 minutes 34 seconds West, a distance of 305.69 feet to a 5/8 inch iron rod found for corner; South 73 degrees 24 minutes 25 seconds West, a distance of 652.30 feet to a 6/8 inch iron rod found for corner at the beginning of a curve to the right having a central angle of 11 degrees 18 minutes 15 seconds, a radius of 1085.82 feet and a chord bearing and distance of South 85 degrees 45 minutes 51 seconds West, 213.88 feet; Southwesterly, along said curve to the right, an arc distance of 214.23 feet to a 5/8 inch iron rod found for corner; North 88 degrees 35 minutes 01 seconds West, a distance of 576.17 feet to a 5/8 inch iron rod found for corner in the East right-of-way line of said MacArthur Boulevard; THENCE North 03 degrees 44 minutes 05 seconds West, along the East right-of- way line of said MacArthur Boulevard, a distance of 82.67 feet to a 5/8 inch iron rod found for corner at the beginning of a curve to the left having a central angle of 07 degrees 32 minutes 48 seconds, a radius of 2924.79 feet and a chord bearing and distance of North 07 degrees 30 minutes 29 seconds West, 384.96 feet; THENCE Northwesterly, along said curve to the left and continuing along said East line of MacArthur Boulevard, an arc distance of 385.24 feet to a 5/8 inch iron rod found for corner at the southwesterly end of said corner clip; THENCE North 51 degrees 17 minutes 17 seconds East, along said corner clip, a distance of 42.79 feet to the POINT OF BEGINNING and containing 22.024 acres of land, more or less. EXHIBIT "A-2" I~nlBIT C l~.ltlBIT "E-I" ? ? ? ? ? F~X~IBIT "F-I" Il!, ii! ! ~ ~AY EXHIBIT "F-2" EI~Ii[BIT H-2 EXHIBIT I