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CC approval of ORD 7/12/05AGENDA REQUEST FORM COFFELL DEPT! Planning DATEi July 12, 2005 ITEM ~t: 8/C ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-210-SF-9(CH), Kaye Street, zoning change from SF-12 (Single Family-12) to PD-210-SF-9(CH) (Planned Development-210-Sinflle Family-9, Called Hearing) to allow for the retention of existing homes and permit the development and redevelopment of homes on existing lots and to allow the replatting of lots to a minimum of 9,000-square feet on property located along the north and south sides of Kaye Street, east of Coppell Road, encompassing 35 lots (412 & 420 Coppell Road and 300-426 Kaye Street), and authorizing the Mayor to sign. GOAL(S,: I Ill~ ~ EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-413 M - York S - Suhy Vote - 6-0 Tunnell absent Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 19, 2005, the Planning Commission unanimously approved this zmaing change (5-0). On June 14, 2005, Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name:~PD-210-SF-9(CH)ORD I-AR(Con) AN ORDINANCE OF THE CITY OF COP"ELL, TEXAS ORDINANCE NO. ~?/~"~]) d) ~/~ -- '4/3 :~VIENDING TItE COMPREHENSIVE ZONING ORDINANCE AND MaP OF THE CITY OF COPPELL, TEXAS, A; HERETOFORE AMENDED, BY GRANTING a CHANGE IN ZON!NG FROM SF-12 (SINGLE FAMILY-12) TO PD-210-SF-9(C!t) (PLANNED DEVELOPMENT-210-SINGLE FAMILY-9) TO; PERMIT THE DEVEI.OPMENT AND REDEVELOPMENT OF SINGLE FAMILY RESIDENCES ON EXISTING LOTS AND TO ALLOW THE REPLATTING OF LOTS TO A MINIMUM OF 9,000-SQUARE FEET, ON PROPERTY LOCATED ALONG THE NORq~H AND SOUTH SIDES OF KAYE STREET, EAST OF COPPELL ROAD, ENCOMPASSING 35 LOTS (412 & 420 COPPELL ROAD AND 300- 426 KAYE STREET), AND MORE PARTICULARLy DESCRIBED IN EXHIBIT "A"; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE TABLE OF EXISTING CONDITIONS AND EXHIBIT OF EXISTING BUILDING FOOTPRINTS, ATTACHED HERETO AS EXHIBITS "B" AND "C", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; pROVIDING A SEVERABIL1TY 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, m compliance with the laws of the Sta~e of Texas and pursuant to the Comprehensive Zoning Ordinance of thc City of Coppell, hav~ givcn requisile notices by publication and other~isc, and after holding due hearings and affo~'ding a full and fair hearing to all property owners generally, and to all persons interested and iituated in the affected area and in the vicinity thereof, the said governing body is of the opini~on that Zoning Application No. PD 210-SF-9(Clq) should be approved, and in the exercise of legislative discretion have concluded that the Comprehcnsive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDA1NED BY TIlE C!TY COUNCIL OF THE CIIY OF COPPELL, TEXAS: SECTION 1. That the Comprehcnsive Zoning Ordinance and Map of the City of Coppcll, Texas, duly passed by the gox cming body of the Cily of Cbppell, Texas, as heretofore 75470 amended, be and the same is hereby amended to grant a change ir Family- 12) to PD-210-SF-9(CH) (Planned Development-210-Si~ development and redevelopment of single family residences or the replatting of lots to a minimum lot size of 9,000-square feel the north and south sides of Kaye Street, east of Coppell Road, & 420 Coppell Road and ~00-426 Kaye Street), and more parti~ "A", providing for development conditions; providing for the Tabl Exhibit of Existing Building Footprints, attached hereto as Exhibit~ SECTION 2. That the properly shall be developed an with the following development conditions set forth: Use regulations. A building or premise shall be used as defined in Ordinance only for the following purposes: 1. Any use permitted in the"SF-ED", "SF-18" or 2. Home occupation. 3. Such uses as may be permitted under provisie Sections 12-30-5 and 12-30-6. Maximum height regulations. The maximum height regulations will be thirty-fly two-and-one-half stories high. All existing legal residential structures and conforming. Additions to the main structure will b, the properly as long as the addition is in accordanc, as herein specified, thc addition does not exceed a f 2 zordng from SF-12 (Single gle Family-9) to permit the existing lots and to allow , on properly located along encompassing 35 lots (412 ularly described in Exhibit of Existing Conditions and "B" and "C", respectively. used only in accordance ~c Comprehensive Zoning SF-12 districts. ns of Special Use Peunits, (35') feet nor more than xisting lots are deemed pel~-nitted without platting '. with the SF-9 regulations fly percent (50%) increase 75470 over the existing structure, and maximum lot coveiage does not exceed thirty- five percent (35%). Platting the property shall be required prior to lhe issuance of a building permit issued after the effective date for primary[ structure construction and additions, which exceed a fifty percent (50%) incrbase over the existing floor area; however, the existing lot dimensions shall be [deemed conforming. Construction of primary structures under Section ~D of this ordinance of any lots being rcplatted shall adhere to the regulations 4s set forth as follows: 1. Minimum sizeofyards: (A) Front yard: 25 feet. Eight feet. A side yard [djacent to a side street: 15 (B) Side yard: feet. Allowable non-residential useb: 25 feet. (C) Rear yard: 20 feet. 2. Minimum size of lot: (A) Lot area: 9,000-square feet. (B) Lot width: 70 feet. (C) Lot depth: 100 feet. 3. Minimum dwelling size: 1,600-square feet, exclusive of garages and breezeways and porches. 4. Maximum lot coverage: thirty-ti~'e percent (35to) of the total lot area may be covered by the combined area of the mail~.l buildings and accessory buildings. 5. Parking regulations. (A) Two enclosed parking spaces per [ nit are required behind the fi'ont yard line for all primary sirra tums constructed after the effective date of this ordinance. 75470 (B) Garages may either be atlached or detached from the main struclure. 6. Type of exterior construction. (A) All structures in existence at the tiine of the enactment of this ordinance shall be considered cofiforming as to the masonry requirements. (B) All primary structure construction and additions shall be constructed with the following materials: at least 80 percent of the exterior walls of the first floor of all structures shalI be of masonry construction (see Section I2-42-1 of the Zoning Ordinance), exclusive of doors, windows and the area above the top plate line. Each story above the first floor ora straight xvall stntcture shall be at least 80 perclent masonry, exclusive of doors, windows and the area above the top plate line. Site Plans The Exhibit of Existing Building Footprints and the Table of Lot and House Sizes shall be attached to and made a part of this Ordinance, as Exhibits "B" and "C" respectively, These exhibits shall generally indicate the existing conditions within this P!anned Development as of thc date of its passage. Un]ess othem'ise provided herein, Exhibits shall 4 75470 serve as the basis to determine the requirements for building additions, platting and interpretation of this ordinance m~d the provisions provided hereto. Board of Adjustment has the authority to consider variances to the provisions of this PD. Platting 1. Properties must be platted in accordance with Section 12-39-1 of the Code of Ordinances of the City of CoppeIl prior to the issuance of a building permit for all new home construction and expansions of existing homes, which exceeds fifty percent (50%) of the existing floor area. 2. The plat, if involving four or less lots, and is in compliance with all regulations herein, and the provisions of the Code of Ordinances and the provisions of this ordinance, m~y be approved administratively as a Minor Amending Plat, as provided by law. Notwithstanding any provisions contained heroin, all plats shall provide a minimum of a ten foot (10') sidewalk and ullility easement parallel and adjacent to Kaye Street. H. Alleys 1. Alley's shall not be required. 1. Disasters If a prima~ residential structure is destroyed [due to a natural disaster or fire, the primary residential structure as it exists on the date of passage of this ordinance may be rebuilt in the same or bq~tter condition and materials without seeking any variances. SECTION 3. That the above property shall be used onl purpose provided for by the Comprehensive Zoning Ordinance heretofbre amended, and as amended herein. SECTION 4. That all provisions of the Ordinances of th conflict with the provisions of this ordinance be, and the same other provisions not in conflict with the provisions of this ordinan and effect. SECTION 5. That should any sentence, paragraph, suk section of this ordinance be adjudged or held to be unconstitutional shall not affect the validity of this ordinance as a whole, or any pa than the part so decided to be unconstitutional, illegal or inval/ x alidity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense commitled before the effectiw govemed by prior law and the provisions of the Comprchen in the manner and for the of the City of Coppell, as City of Coppell, Texas, in re hereby, repealed, and all :e shall remain in full force division, clause, phrase or , illegal or invalid, the same 't or provision thereof other :l, and shall not affect the date of this ordinancc is ;ire Zoning Ordinance, as amended, in effect when the ofl'ense was committed and the effect for this purpose. SECTION 7. That any person, firm or corporation viola terms of this ordinance shall be subject to the same pena Comprehensive Zoning Ordinance of the City of Coppell, as he conviction shall be punished by a fine not to exceed the surf (52,000.00) for each offense; and each and evew day such viol deemed to constitute a separate offense. SECTION 8. That this ordinance shall take effect iron passage and the publication of its caption, as the law and charter i DULY PASSED by the City Council of the City of Co day of__~..._ ,2005. ~ O~U'~/L A S 'N~'~ Ti ATTEST: APPROV~ ROB ER~R,'(f..~/~E y (RE H ~s ed(~tI'iy107/27/04) former law is continued in ting any of the provisions or ty as provided for in the :etofore amended, and upon of Two Thousand Dollars ition shall continue shall be ~ediately from and after its such cases provide. ell, Texas, this the VER, MAYOR "SECRETARY 7 75470 Z 0 , ct] 6~16/2005 PD-210-SF-9 Kaye Street Existing Conditions Lot and House Sizes Street Name Living Lot Size Year # Area Built 412 COPPELL 1,835 29,490 1958 420;COPPELL 1,274 29,210 1954 300 KAYE 672 10,318 1960 301 KAYE 1,374 11,700 1956 304 KAYE 1,588 9,831 1958 308 KAYE 2,078 9,830 1935 309 KAYE 1,260 17,157 1965 312 KAYE 1,387 9,829 1965 313 KAYE 2,300 9,531 1965 316 KAYE 1,142 9,828 1965 317 KAYE 1,260 9,547 1948 320 KAYE 2,072 9,827 1986 321 KAYE 1,325 10,324 1955 324 KAYE 1,566 9,825 1960 325 KAYE 1,442 9,656 1965i 328 KAYE 1,344 9,824 195E 329 KAYE 1,320 8,984 195~ 332 KAYE 1,969 9,823 2001 333 KAYE 1,006 9,694 1955 336 KAYE 1,329 9,822 1953 337 KAYE 1,020 9,713 1955 340 KAYE 900 9,821 1958 341 KAYE 1,205 9,732 1956 400 KAYE 945 9,819 1955 401 KAYE 1,014 6,963 1955 404 KAYE 1,032 9,401 1970 405 KAYE 1,913 12,557 1955 409 KAYE 1,024 9,775 1940 412 KAYE 1,854 21,423 1958 413 KAYE 1,184 11,529 1955 4161KAYE 1,719 8,961 1986 417 KAYE 1,133 17,761 1958 420 KAYE 1,892 8,788 1965 421 KAYE 3,396 15,471 1955 426 KAYE 15,745 IAVo Il [I 1,422ll , Exhibit "B"