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CCORD Agenda Request 081407 THE.CITY.OF AGENDA REQUEST FORM COPPELL DEPT: PLANNING August 14, 2007 DATE: ITEM#: 17 o WORK SESSION o CONSENT 1./ I REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-1 08R7-SF-9, The Chateaus of Coppell, to amend the land use designation on the Comprehensive Land Use Plan from Public/Institutional to Residential Low Density on approximately 11 acres of property along Denton Tap Road and a zoning change from PD-1 08-L1 (Planned Development-1 08-Light Industrial) to PD-1 08R7-SF-9 (Planned Development-1 08R7-Single Family-9), with a Concept Plan, to allow the development of 56 single-family homes and common/ open space areas on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads. and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: On June 21,2007, the Planning Commission unanimously recommended approval of this zoning change (6-0), subject to the above-stated conditions. Commissioners Frnka, Kittrell, McCaffrey, Haas, Fox, and Reese voted in favor, none opposed. On July 10,2007, Council approved this amendment of the land use designation and this zoning change (4-1). Staff recommends APPROVAL. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-480 M - Peters S - Brancheau Vote - 6-0 Tunnell voted against . Libby Ball .u. 2007.08,21 10:41:07 .05'00' lla)n~pn-ln~R7-C;F-9 rr ()Rn l-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 71 ( (J()- A .... 4 Bo 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 AMENDING THE LAND USE DESIGNATION ON THE COMPREHENSIVE LAND USE PLAN FROM PUBLIC/INSTITUTIONAL TO RESIDENTIAL LOW DENSITY ON APPROXIMATELY 11 ACRES OF PROPERTY ALONG DENTON TAP ROAD, ATTACHED HERETO AS EXHIBIT "A" AND FURTHER A ZONING CHANGE FROM PD-IOS-LI (PLANNED DEVELOPMENT-lOS-LIGHT INDUSTRIAL) TO PD-IOSR7-SF-9 (PLANNED DEVELOPMENT-l08R7-SINGLE FAMILY-9), WITH A CONCEPT PLAN, TO ALLOW THE DEVELOPMENT OF 56 SINGLE-FAMILY HOMES AND COMMON/ OPEN SPACE AREAS ON 20 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BETHEL AND DENTON TAP ROADS, AND BEING MORE PARTICULARLY DESCRIBED IN EXIllBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE CONCEPT PLAN, LANDSCAPING PLAN, SIDE YARD FENCING AND LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "C", "D", AND "E"; PROVIDING FOR SPECIAL CONDITIONS; 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 otheIWise, 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-I08R7-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: 1 TM 18849.2,000 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 amending the land use designation on the Comprehensive Land Use Plan from Public/Institutional to Residential Low Density on approximately II acres of property along Denton Tap Road attached hereto as Exhibit "A" and further a zoning change from PD-I08-LI (Planned Development-I08-Light Industrial) to PD-I08R7-SF-9 (Planned Development-I08R7-Single Family-9), with a Concept Plan, to allow the development of 56 single-family homes and common! open space areas on 20 acres of property located at the southwest comer of Bethel and Denton Tap Roads, for the property described in Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That PD-I08R7-SF-9 (Planned Development-I08R7-Single Family-9), is hereby approved subject to the following special development regulations: A. General regulations I. All development of the property shall be in accordance with the regulations set forth in the Cappel! Zoning Ordinance, as amended, except as amended herein, 2. A Detail Plan shall be submitted and approved prior to the issuance of any building permits including detailed landscape plan, and table of lot sizes. 3, Any owner of a lot or common area may request a modification of the area regulations or building material adopted herein upon approval of the Planning and Zoning Commission and City Council after a public hearing noticed to the property owners within 200 feet of the affected lot or common area. 4. A homeowners association shall be established and shall be responsible for the maintenance of all park/open space areas, 5. All dwelling shall be accessed from a public street or front-entry, and no alleys shall be required. 2 TM 18849.2,000 6. Park development fees will of $1285/unit shall be required prior to the filing of the plat for the residential development of this property. B, Use Regulations - The permitted uses shall be as follows: 1, The allowable uses shall be those uses permitted within the Coppell Zoning District "SF-9" - Single-Family 9, as described in Article 12- Section 12 of the Zoning Ordinances for the City of Coppell, Texas, except as amended herein. C, Area Regulations 1. The following amended area regulations shall apply: a. Minimum Front Yard - The minimum depth of the front yard shall be twenty- five (25) feet. b. Minimum Rear Yard - The minimum depth of the rear yard shall be twenty (20) feet. c, Minimum Side Yard - The minimum depth of the side yard shall be eight (8) feet and the minimum side yard for comer lot shall be fifteen (15) feet. In addition, each comer side yard shall be developed as depicted on the attached "Side Yard Fencing Plan and Detail." d. Maximum Lot Coverage - The maximum lot coverage shall not be greater than thirty-five (35) percent of the gross lot area. e, Minimum Lot Width - The minimum lot width measured at the proposed building line shall be seventy-five (75) feet. f. Minimum Lot Depth - The minimum lot depth shall be one-hundred-twenty (120) feet. g. Minimum Lot Area - The minimum lot area shall be nine-thousand (9,000) square feet. 3 TM 188492.000 h. Maximum Building Height - The maximum building height shall be 35 feet measured at the mid-point between the eves and the dominate ridge of the hip or gabled roofs, 1. Minimum Dwelling Unit - The minimum dwelling unit shall be thirty-two hundred (3,200) square feet. 2, Exception to the area regulations described above: a, A maximum of 18 lots may have a Minimum Lot Width of seventy-two ( 72) feet and a Minimum Side Yard of five (5) feet (not adjacent to a street). These lots shall be as depicted on the concept plan with an "*,, D, Landscape and Screening Regulations I, A Detail Landscape Plan shall be required with the Detail Site Plan and Preliminary Plat. 2. The landscape requirements shall be as defined by the Zoning Ordinance and depicted on the landscape plan. 3, The perimeter screening along Bethel Road, Denton Tap and the existing railroad shall be in accordance with Article 33-Section (12-33-1.8) of the Coppell Zoning Ordinance. 4, The residential side yard fencing shall be a 6-foot ornamental fence with unified color and design throughout. In addition, shade trees shall be planted in as depicted on the "Side Yard Fencing Plan and Detail", SECTION 3. That the property shall be developed and used in accordance with the SF-9 (Single Family-9) development standards under the Coppell Zoning Ordinance, except as amended in the special conditions as indicated on the Concept Plan, Landscaping Plan, Side Yard Fencing And Landscape Plan attached hereto as Exhibits "C", "D", and "E"; and made a part hereof for all purposes, are hereby approved. 4 TM 188492000 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein, SECTION 6, 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 7. 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 8, 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 9. 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 5 TM 188492000 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 10. 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 I~day ~~d ,2007. of ATTEST: 6 TM 188492000 EXHIBIT "A" Legal Description BEING a 20,000 acre tract of land, situated in the ], A. Simmons Survey, Abstract No. 1296, Dallas County, Texas and being a portion of a tract of land, conveyed by deed to the Baptist Foundation of Texas, as recorded in Volume 67199, Page 788, Deed Records, Dallas County, Texas, Said 20,000 acre tract being more particularly described by metes and bounds as folJows: BEGINNING at an "X" set in concrete at the intersection of the south right-of. way line of Bethel Road (a 50 foot R,O.W,) and the west right-of-way line of Denton Tap Road (a 100 foot R.O,W.), said point also being in the northeast comer of said Baptist Tract; THENCE South 01017'37" West, along the common line of the east line of said Baptist tract and the west right-of-way line of said Denton Tap Road, a distance of 1,206,36 feet to a '/2 inch iron rod set for comer, said point being the southeast comer of said Baptist tract, said point also being the intersection of said west right-of-way line and the north line S1. Louis & Southwestern Railroad right'of-way (a 100 foot R.O, W.); THENCE South 76024'37" West, along the common line of the south line of said Baptist tract and the north right-of-way line of said St. Louis & Southwestern Railroad right,of-way, a distance of 796,09 feet to a V2 inch iron rod set for comer, said point being the point of a curvature ofa curve to the right, having a delta of 01004'14", a radius of3,420,07 feet a tangent length of 31.96 feet and a chord bearing and distance of South 76056' 44" West, 63.91 feet; THENCE southwesterly, along said common line and along the arc of said curve to the right, a distance of 63.91 feet to a 1/2 inch iron rod set for comer; THENCE North 0 I 0 17'37" East, leaving said common line, a distance of 445.98 feet to a YJ inch iron rod set for comer; THENCE North 28051 '26" East, a distance of 748.39 feet to a V2 inch iron rod set for comer; THENCE 0 1017'37" East, a distance of 320,00 feet to a '11 inch iron rod set for comer, said point being in the common line of the north line of said Baptist tract and the south right-of,way line of said Bethel Road; THENCE South 88042'24" East, along said common line, a distance of 438,05 feet to a YJ inch iron rod set for comer, said point being the point of a curvature of a curve to the right, having a delta of 02027'30", a radius of 1,095,92 feet, a tangent length of 23.52 feet and a chord bearing and distance of South 85020'56" East, 47,02 feet; THENCE southeasterly, along said common line and along the arc of said curve to the right, a distance of 47,02 feet to the POINT OF BEGINNING and CONTAINING 871,200 square feet or 20,000 acres of land, more or less. 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WALL 18. ~, C 10"(V ~S' - 11 po,gB 10,,(0 RXIHRTT "e" SHADE TREE , I'''' HI I , 7,5' REMAINING SIDEYARD I' 7,5' 4' SIDEYARD FENCING CONC. a LANDSCAPE ROW SIDEWALK TYp. 15' SIDEYARD AT COR LOTS 'I' PARKWAY SIDEYARD FENCING a LANDSCAPE DETAI L EXHIBIT "E" '@1]!;f WI I -.iJ" t<, ~.~ U ~! S'" !!Ii ll.i 0( 0, " '-' i ID ~ ~ ~ t > ~f~ hi i .1 ';~ i; ld i" ~,' it '. 1 ! ~ ! Ii ] , : : ;.. :'; I :~~; :-. ..... ".; Lj ~'=: ~I( :'; " . . ". ~~ 1: .: ~~ 1 : ,: ~ ii !::.r 'I~:P .! ". ~rj...,. I' , '" --.,", --,.'t' ". I , i i I ~i i' I I' !llr, ,r~ ;-; . I '{ l .. .J...:.. .::!!".:..L,-.----, I,t ....-,-.-., I i I i ~; / ~ '. !! ~ , , , i .~~ 11 \" W . ; =-"; ~i~ g~ ~~ ll., ~:J , ..",' III oC ...~ "":f Cz ~- U cfj ~cI) 0.. ! ~ i5 .... z w o .1 III I 1:1 ~! . ... m~\I: ~i III 3$ I ' "'I ~stH~~ - :i HIII;I 1 ill I' W' FU'." :J' ~, f ';? ,~~- ItJ 'f\ f+~~i. 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