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AGNREQ /Ordinance #91500-A-512 AGENDA REQUEST FORM THE-CiTY'OF DEPT: PLANNING COPP,ELL DATE: December 9, 2008 ITEM #: 8/H D WORK SESSION 12] CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-161 R2-SF-12, Stratford Manor, a zoning change from PD-161-SF-12 (Planned Development District-161-Single Family-12) to PD-161 R2-SF-12 (Planned Development District-161 Revision 2-Single Family-12) to allow a concrete block wall, six feet tall, along the rear of Lot 12, Block A, property known as 709 Stratford Lane, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On October 16, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Haas, Frnka, Jett, Shute, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. Motion to Approve Ord. # 91500-A-512 On November 11, Council unanimously approved this zoning change (6-0). M - Tunnell S - Peters Vote - 7-0 . Libby Ball tA 2008.12.1 715:18:48 -06'00' Staff recommended APPROVAL. @PD-161 R2-SF-12, SM ORD, l-AR (con) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. '115CO~fl"6/~ 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-161- SF-12 (PLANNED DEVELOPMENT DISTRICT-I61-SINGLE FAMILY-12) TO PD-161R2-SF-12 (PLANNED DEVELOPMENT DISTRICT-I61 REVISION 2-SINGLE FAMILY-12) TO ALLOW SIX (6) FOOT TALL CONCRETE BLOCK WALL ALONG THE REAR OF LOT 12, BLOCK A, PROPERTY KNOWN AS 709 STRATFORD 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, ATTACHED HERETO AS EXHIBIT "B"; 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 ofCoppell, 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-161 R2-SF -12 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 ofCoppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-161-SF- 1 TM 33233.2.000 12 (Planned Development District-161-Single Family-12) to PD-161R2-SF-12 (Planned Development District-161 Revision 2-Single Family-12) to allow a six (6) foot tall concrete block wall along the rear of Lot 12, Block A, property known as 709 Stratford Lane and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. Thatthe property shall be developed and used only in accordance with the following development conditions as set forth herein below; A) Except as amended herein, the property shall be developed and used in accordance with Planned Development District-161, Ordinance No. 91500- A-I77 which is incorporated herein as set forth in full and hereby republished. B) A six (6) foot tall concrete block wall shall be permitted as shown on Exhibit "B", Site Plan which shall be attached to and made a part of this ordinance. C) The owner shall obtain the required permit(s) for construction. SECTION 3. That the Site Plan attached hereto as Exhibit "B", and made a part hereof for all purposes as special conditions, 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. 2 TM 33233.2.000 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity ofthe 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. 3 TM 33233.2000 DUL Y PASSED by the City Council of the City of Coppell, Texas, this the ~ day o~.I~ kA.-'/2008. ROBERT E. HAGE, Y ATTORNEY (REH/cdb Reviewea & Revised 12/3/08) 4 TM 33233.2.000 Legal Description Being Lot 12, Block A of Stratford Manor, an addition to the City of Coppell, Dallas County, Texas, according to the Amended Plat thereof recorded in Volume 2000034, Page 147, Map Records, Dallas County Texas. EXHIBIT 'A' P6 'J.. PAt-K R€i'.D~~C~ "t_D~'i'rU.r.rQ;1'.1) (." Co_PULL. T~ ~~i:L"',\:-;; l'~o~ __ U#'~.o f1J" 4-~T~ II' .'/-0" fl\' 4t' .5' . .. . .. ' ~ . . . . .. ,'.1" J.._ ~f!... L.lIll. 10' _ ;+:e-_J_ ~..! ~.... . .t,_ ." :...~ .W...~~ DfT......~.: -.M't'~,,,,;, &.......-..-&,;0.. ."... . . "'.....-..:c.,.... :~"'iFR1 '....._~"ftt:Oc.,,' 14' Iii" -W.... ~.....'M: 1.10'" '"'-__ "WA'-'L. \JIDT"'ti....c"f.lo