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AGNREQ/ORD 051308 AGENDA REQUEST FORM THE.CITY.OF corrELL +~..~~...* *.fJ ~~.>:>Jif l';~:-Q e .t '" 6 "'. \!l q DEPT: PLANNING DATE: May 13,2008 ITEM #: 14/G o WORK SESSION [{] CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change from R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: 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. On September 11, Council unanimously approved this zoning change (6-0). Staff recommends APPROVAL. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-498 M - Peters S - Hunt Vote - 7-0 . Libby Ball ~. . 2008.05.15 12:32:04 -05'00' I@PD-214R3-SF-9.AM II ORD, l-AR, (con) I AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCENO.1/SooA(1 -498 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 R (RETAIL) TO PD-214R3- SF-9 (PLANNED DEVELOPMENT-214 REVISION 3-SINGLE FAMILY-9, WITH A DETAIL SITE PLAN, TO ALLOW THE DEVELOPMENT OF TWO SINGLE-FAMILY HOMES, ONE COMMON AREA AND STREET RIGHT-OF-WAY ON APPROXIMATELY 0.87 ACRES OF PROPERTY LOCATED NORTH OF THE WHISPERING HILLS ADDITION AND EAST OF THE GEORGIAN PLACE ADDITION, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL PLAN AND SIDE YARD FENCING DETAIL, ATTACHED HERETO AS EXHIBITS "B" AND "C"; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENAL TY 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- 214R3-SF-9 should be approved, and in the exercise oflegislative 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 R (Retail) to PD-214R3-SF-9 (Planned Development-214 Revision 3-Single Family-9), with a Detail Plan, 1 TM 214182.000 to allow the development of two single-family homes, one common area, and right-of-way on approximately 0.87 acres of property located North of the Whispering Hills Addition and east of the Georgian Place Addition and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That PD-214R3-SF-9 (Planned Development-214 Revision 3-Single Family-9), is hereby approved subject to the following development regulations: A. General regulations 1. All development regulations shall be in accordance with the regulations set forth in the Code of Ordinances, Chapter 12, Coppell Zoning Ordinance, as amended, for the SF-9 Zoning District, except as amended herein. 2. A homeowners association shall be established and shall be responsible for the maintenance of all open space areas, as depicted in the attached Exhibits Band c. 3. All dwellings shall be street access or front-entry, and no alleys shall be required. 4. Park development fees of one thousand two hundred and eighty-five dollars ($1285) per residential 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 as follows: 1. The permitted uses shall be those uses permitted by the Coppell Zoning District "SF-9" - Single-Family 9 described in the Code of Ordinances, Article 12, Zoning, as amended. 2 TM 21418.2.000 C. Area Regulations: The following amended area regulations shall apply: 1. Minimum Front Yard - The minimum depth of the front yard shall be twenty-five (25) feet. 2. Minimum Rear Yard - The minimum depth of the rear yard shall be twenty (20) feet. 3. Minimum Side Yard - The minimum depth of the side yard shall be eight (8) feet and the minimum side yard for corner lot shall be fifteen (15) feet. In addition, each corner side yard shall be developed in conformity and as depicted on the attached "Side Yard Fencing Plan and Detail," which is attached hereto as Exhibit C. 4. Maximum Lot Coveraf!e - The maximum lot coverage shall not be greater than forty (40) percent of the gross lot area for one-story dwellings and thirty-five (35) percent of the gross lot area for two-story dwellings. 5. Minimum Lot Width - The minimum lot width measured at the proposed building line shall be seventy-five (75) feet. 6. Minimum Lot Depth - The minimum lot depth shall be one-hundred-ten (110) feet. 7. Minimum Lot Area - The minimum lot area shall be eight-thousand-two- hundred and fifty (8,250) square feet. 8. Maximum Building Heif!ht - The maximum building height shall be thirty-five feet (35') measured at the mid-point between the eves and the dominate ridge of the hip or gabled roofs. D. Landscape and Screening Regulations 1. Tree removal permit will be required prior to any start of construction. 2. The residential side yard fencing shall be a 6-foot board-on-board wooden fence with a unified stain throughout, in accordance with the Code of Ordinances, Chapter 9, Article 9-2, as amended. 3 TM 21418.2.000 3. Shade trees shall be planted in accordance with Exhibit "C", - 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 development regulations as indicated on the Detail Site Plan and Side Yard attached hereto as Exhibits "B" and "C''''; 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. 4 TM 214]8.2.000 SECTION 8. An offense committed before the effective date of this ordinance is govemed 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 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 ofCoppell, Texas, this the j~~day of 777 7 ' 20~. ATTEST: ~~/.{f' /~ BALL, C Y SECRETARY 5 TM 21418.2.000 LEGAL DESCRIPTION BEING a tract ofland located in the JAMES W. ANDERSON SURVEY, ABSTRACT NO. 18, City of Coppell, Dallas County, Texas and being a part of a tract of land described in Deed to General Telephone Company of the Southwest, recorded in Volume 82021, Page 1087, Deed Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1 inch iron rod found in the East line of said General Telephone Company tract recorded in Volume 82021, Page 1087 at the Northwest corner of a tract ofland described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page 4717 and the Southwest corner of a tract of land described in Deed to General Telephone Company of the Southwest, recorded in Volume 71011, Page 1961, Deed Records, Dallas County, Texas; THENCE South 00 degrees 26 minutes 54 seconds East, a distance of 300.84 feet to a point at the Southeast corner of said General Electric Telephone tract recorded in V olume 82021, Page 1087 and at the Northeast comer of Lot 9, Block C of WHISPERING HILLS, an Addition to the City ofCoppell, Dallas County, Texas according to the Plat thereof recorded in Volume 80016, Page 1736, Map Records, Dallas County, Texas; THENCE North 57 degrees 52 minutes 14 seconds West, a distance of 177.99 feet to a point at the Southwest comer of said General Electric Telephone tract recorded in Volume 82021, Page 1087 and at the most Southerly Northwest corner of Lot 8, Block C ofREPLAT OF LOTS 1-8, BLOCK C WHISPERING HILLS, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 99097, Page 84, Map Records, Dallas County, Texas; THENCE North 00 degrees 26 minutes 50 seconds West, along the common line of said General Electric Telephone tract recorded in Volume 82021, Page 1087 and the West line of GEORGIAN PLACE, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 99119, Page 1, Map Records, Dallas County, Texas, a distance of 204.90 feet to a point for corner; THENCE North 89 degrees 30 minutes 47 seconds East, leaving said common line, a distance of 149.98 feet to the POINT OF BEGINNING and containing 37,926 square feet or 0.871 acres ofland, more or less. 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