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CC approval of ORD on 5/8/2007 THE'CITY'OF DEPT: PLANNING DATE: May 8, 2007 ITEM#: 9/C AGENDA REQUEST FORM corrEll ~, ~," o WORK SESSION 12] CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-l 08R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change from PD-l08R2-SF-9 (Planned Development-l 08 Revision 2-Single Family-9) to PD-l 08R2.2-SF-9 (Planned Development-l 08 Revision 2.2-Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds Lane, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On February 15, 2007, the Planning Commission recommended approval of this zoning change (5-2), with no conditions. Commissioners Frnka and Reese opposed. Motion to Approve Ord. # 91500-A-454 On March 27, 2007, Council unanimously approved this zoning change (7-0). M - Peters S - Brancheau Staff recommends approval. Vote - 6-0 Hinojosa-Flores absent . Libby Ball ~ 2007.05.2 .. .. ...116:13:23 -05'00' I(ci)Pf)-10Rln ?-'\F-9 R~v ()Rf) l-ARrrnnl AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 1/6't>>- fj-4S"4- 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-I08R2-SF-9 (PLANNED DEVELOPMENT-I08 REVISION 2-SINGLE FAMILY-9) TO PD-I08R2.2- SF-9 (PLANNED DEVELOPMENT-I08 REVISION 2.2-SINGLE FAMILY- 9) TO ALLOW UP TO 30% STUCCO AND TO PERMIT AL TERNA TE PAVING MATERIALS FOR THE DRIVEWAY ON PROPERTY LOCATED AT 725 PENFOLDS LANE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B AND C", 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 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- 108R2.2-SF-9 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 by granting a change in zoning from PD-I 08R2-SF -9 (Planned Development-I08 Revision 2-Single Family-9) to PD-I08R2.2-SF-9 (Planned Development-l 08 Revision 2.2-Single Family-9) to allow alternate exterior materials on the main building of thirty percent (30%) stucco, as defined herein, and to permit alternate paving materials for the TM 15920.2.00 driveway on property located at 725 Penfolds Lane and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. This Planned Development shall be developed and used only in accordance with the site plan and elevations and the development standards as follows: (A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-199, which is incorporated herein as set forth in full and hereby republished. (B) At least 70 percent of the exterior walls of all structures shall be of masonry construction exclusive of doors, windows, the remaining 30% may be stucco. (C) The driveway may be constructed with concrete pavers, except that the portion of the driveway within the street right-of-way shall be concrete, as indicated on the Site Plan. SECTION 3. The property shall be developed and used in accordance with PD-108R2-SF- 9 (Planned Development-l 08 Revision 2-Single Family-9), except as amended as indicated on the Site Plan and Elevations attached hereto as Exhibits "B and C", respectively, and made a part hereof for all purposes, which 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 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 TM 15920.2.00 2 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 ($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 ofCoppell, Texas, this the g~ day of 7r;C'(j' ,2007. /\ /' ROBERT E. HAGER, C (REH/cdb Reviewed & Revi y TM 15920,2,00 3 Legal Description Being Lot 11, Block B of The Reserve being a subdivision in the City of Cappell, property known as: 725 Penfolds Lane Cappell, Texas 75019 Exhibit "A" PI i€e':::-1::,.za::LIoI XV'::l OLLI-<::..I:(<::Lloi Hd LOOSL SYX'31 "NOJ. 11Q<!j(!j'tf:J 011 31.II"'IS A'l1['1\)li!lV'd NOSC!l3~:Jla "l'.:''::: 'j'hl,;p'II:lftfi: i! HI;liill:lfj:lil! 'j,Il!l!lW}.ll:jfl!:hl .lIlUI!i.,I:hl:!I!I: 'rr.:4ddO:J~OA.lJ:> 1CI.\lEIs:nl:JHl. 11 xxna'llJ.m S(J'IO'.II\:~dm 3JN3G1s::l1111V1lfl9Y : j ! i'll! ! " j-" i{ SJdprng sdlliloH dIll I I 'I !I , I I I II II I 1II1 ~il I II I I I I . 1~!Tl I..J(/) 11M. i.1 i<Z~ III!l! !ll ,Z II r,' 5, Iii: q"""" l Il. Ii llil ~li I I r ~ ~I . IJ>/ ./ I 1""",,1 --ill \~ \(\ ,I , 1\ " i,1 :i " l Ii ii jl 11ili Ill:! ll'" d1' ,-',.I ! i~ =1 IIII~ ;J It;:, --- D ---------'-\11= <Y . 1= '" = 11==1:. j=iIW=IIW ~ .) S I I I I I I I I I I EXHIBIT "B" ..1-3.. J.IRIHX3 l-_~_ , ~, '" 9, < "; ~ I I f-~----~~-,"-------J }>! ~! :H!Hl[~;!l'!,Ip;!/1j /!I"lL,/,IIi/"/"" '/"11"1; "/'1 li,'I'.;i:I/J!I:I:i'I. ~d.h~llf{I'I"lf. . . . I; ~ '! . . 111.11Illllli:i!n!ll~ 1"IIII'i,"I,I.J.! < 'f. '" 'l~f ~ Il' II Ii I'll .I:, ~.lal! 'II-I "I ,li!ll: '1/1'11 z 'II 1111 I, Z jlltl'll! 1I'Iffi f I, !!). I I ' ~ ~~ AGL1LoIR RFSlDF.:-JCF. 7l'i PF.~'For .I1S un Il, Bt<x:1o;; Ii TI!l"lt~.sr]I\'t'S CITY OF COPPF 1.1 , ,:., ireD)) " II I-t , I I a , .. I d , I , , r~ ~- 'I , t. :\ ) \ tr-i I' I I I I , , rij , r:~: !: II I: II' Iii " I, I, I' " , , I!I '~ i ~. The Holmes Builders t.i 20"1 CICi(ERSON PAR.KWAY SuiTE 110 CARROLL TON. TEXAS 1500' ~I-( {~12~2.o:2-1l10 FAX 1"I'2)1"!1-2'1;,1 I PI I i;nl ".I 'ni iii; lb. Iii 1'1 t. I I lid'; :1 i~ ' ! I :;, I i lull! i: i 11i..~ lJ.l:!l:L..! xV'" Gll! l:..Z:il:~b) rid LOOS~ SV'X3.J. .~Ol. ""OC!;,,!P1:J 01' 31.ino;; ).vm>ll!ilV'd NOSi!ll3~:JIC ..or SJdprng SduqOH dql :1 /Ili--~ {, :j. : A-~~Ii i I I II I' II I' , T',-l'..r<lO~) riO ,\.11) "'-.L\'t[J~"J1:l 'lH! ij :X:XTm'llJ.U'1 SmOAh"=tfiITL 3JN3GlS'ifllll\'1InClI' 'J'hl.:JlII:.r,,,: jt 1:j:IiIJH!ii,'jl! 'i1!lIJ!tf!J;'fi!'lll HJiui!i,llHlil!!!I: .0l ! I .'t i<{ : i I i'l:' ! " ?' 'I " I Z () :i: ~ 21 ~I ~I ~I 'u '" .. t~ -I :, .' II Ii I II EXHIBIT "C-2"