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CCORD Agenda Request 111207 AGENDA REQUEST FORM THI!.CITY.OF DEPT: PLANNING corrELL DATE: November 12, 2007 ITEM #: 9/0 o WORK SESSION o CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval an Ordinance for Case No. PD-l 08R9-SF-9, The Chateaus of Coppell, zoning change from PD-l08R7-SF-9 (Planned Development-108R7-Single Family-9) to PD-l08R9-SF-9 (Planned Development-108R9-Single Family-9), to attached a Detail Site Plan, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap Roads, and authorizing the Mayor to sign. GOAL(S): 1- EXECUTIVE SUMMARY: FINANCIAL COMMENTS: On August 30, 2007, the Planning Commission unanimously recommended approval of this zoning change (6-0). Commissioners Haas, Kittrell, Borchgardt. Fox, Reese and Frnka voted in favor, none opposed. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-484 RECOMMENDED ACTION: On September 11, 2007, Council unanimously approved this zoning change (6-0). M - Peters S - Franklin Staff recommends APPROVAL. Vote - 6-0 York absent . tA Libby Ball 2007.11.13 15:44:40 -06'00' I@PD-108R9-SF-9,TCOC,ORD, l-AR(con) I AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. q /5 ()() . 11- 4-84- 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-I08R7-SF-9 (PLANNED DEVELOPMENT-I08R7-SINGLE FAMILY-9) TO PD-I08R9-SF-9 (PLANNED DEVELOPMENT-108R9-SINGLE FAMILY-9), TO ATTACHED A DETAIL SITE PLAN, TO ALLOW THE DEVELOPMENT OF 56 SINGLE-FAMILY HOMES AND COMMON/OPEN SPACE LOTS ON 20 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BETHEL AND DENTON TAP ROADS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN AND SCREENING W ALL ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D"; PROVIDING FOR DEVELOPMENT REGULATIONS; 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. po- l 08R9-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-I08R7- 1 TM 21420.2.000 SF-9 (Planned Development-l08R7-Single Family-9) to PD-I08R9-SF-9 (Planned Development-l08R9-Single Family-9), to attached a Detail Site Plan, to allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at the southwest comer of Bethel and Denton Tap Roads for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That PD-I08R9-SF-9 (Planned Development-I08R9-Single Family-9), is hereby approved subject to the following development regulations: 1. The proposed Planned Development shall comply with the use regulations set forth in Zoning Ordinance Number 95100-A-480, except as amended herein. 2. A tree removal permit is required prior to issuance of a grading permit. 3. Park development fees of one thousand two hundred eight-five dollars ($1,285) per unit for a total of seventy-one thousand nine hundred and sixty dollars ($71,960) are required. 4. Disclosure statement to be made on the final plat stating that "The property depicted herein is adjacent to a rail line owned by Dallas Area Rapid Transit, and may in the future be utilized as an active transit line." 5. As a result of configuration of the street, the City Engineer shall evaluate whether or not to designate that portion of the public street as a "No Parking Zone". 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 development regulations as amended herein on the attached Detail Site Plan 2 TM 21420.2.000 and Landscape Plan, and Screening Wall Elevations, attached hereto as Exhibits "B", "C", and "D"; and such exhibits are made a part 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 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. 3 TM 21420.2.000 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 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. nUL y PASSED by the City Council of the City of Coppell, Texas, this the / ~ ~ day of 17mJ~MN, 2007. ATTEST: ~/3czLe/ LIBBY BA CITY SECRETARY ROBERT E. HAGER, (REH/cdb) [08/07/07] 4 TM 214202.000 Legal Description BEING a 20.000 acre tract of land, situated in the J. A. Sinunons 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 follows: 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 corner of said Baptist Tract; THENCE South 01017'37" West, along the conunon 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 St. Louis & Southwestern Railroad right-of-way (a 100 foot R.O. W.); THENCE South 76024' 3 7" 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 V, inch iron rod set for comer, said point being the point of a curvature of a curve to the right, having a delta of 01004' 14", a radius of 3,420.07 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 conunon line and along the arc of said curve to the right, a distance of 63.9 I feet to a V, inch iron rod set for comer; THENCE North 01017'37" East, leaving said conunon line, a distance of445.98 feet to a 12 inch iron rod set for comer; THENCE North 28051 '26" East, a distance of748.39 feet to a '12 inch iron rod set for comer; THENCE 0 I 0 17'37" East, a distance of 320.00 feet to a V, 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 lme of saId Bethel Road; THENCE South 88042'24" East, along said conunon line, a distance of 438.05 feet to a V, 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 conunon 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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