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AGN REQ ORD 051209 AGENDA REQUEST FORM T"`.`~ T".° F DEPT: PLANNING COPPELL DATE: May 12, 2009 . o F x^ b: e ~ ITEM ~ 6 ~ WORK SESSION ~ CONSENT ~ REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change from PD-108R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the PD conditions to allow up to 10 of the 56 single-family homes to have true stucco exteriors limited to earth-tone colors, where no two stucco homes shall be spaced any closer than every third lot and a Site Plan indicating lots where stucco homes are prohibited, 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: ACTION TAKEN BY COUNCIL: ~~P~z~v~~ On February 19, 2009, the Planning Commission recommended denial ~~~y g~~~~~i~, of this zoning change (5-2). Commissioners Jett, Shute, Frnka, Haas, ~y~ ~,~~yV~ and Sangerhausen voted in favor; Commissioners Kittrell and Shipley Motion to Approve oppOSed. Ord. # 91500-A-523 On April 14, 2009, Council approved this zoning change with M- Hunt COnditions (b-1). S - Hinojosa-Flores Staff recommends APPROVAL. vote - 5-2 • liDby Ball Tunnell & Franklin voted a ainst z009.05.18 9 is:so:oz •os~oo• @02 PD108R11SF-9, COC ORD,1-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.~IlSUD'y~? "'~z3 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-108R9-SF-9 (PLANNED DEVELOPMENT-108 REVISION 9-SINGLE FAMILY-9) TO PD-108R11- SF-9 (PLANNED DEVELOPMENT-108 REVISION 11-SINGLE FAMILY- 9), TO REVISE THE PD CONDITIONS TO ALLOW UP TO TEN (10) HOMES TO HAVE TRUE STUCCO EXTERIORS, 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 SITE PLAN INDICATING LOTS WHERE STUCCO HOMES ARE PROHIBITED, ATTACHED HERETO AS EXHIBIT "B", 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 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-108R11- 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 to grant a change in zoning from PD-1O8R9-SF-9 (Planned Development-108 Revision 9-Single Family-9) to PD-108R11-SF-9 (Planned Development-108 Revision 11-Single Family-9), to revise the Planned Development conditions to allow up to ten 1 TM 36692.2.000 (10) single family homes to be constructed with stucco exterior, as defined by the Code of Ordinances, 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 made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Planned Development conditions of this PD shall be amended to allow up to 10 homes with stucco exteriors, is hereby approved subject to the following special conditions: A. Except as amended herein, the property shall be developed and used in accordance with Planned Development District Ordinance # 91500-A-484 which is incorporated herein as set forth in full and hereby republished. B. A maximum of ten (10) lots within the Planned Development may contain stucco exterior on the primary structure. C. There shall be at least three (3) lots separating each stucco residence. D. Stucco exterior shall be limited to earth-tone colors. E. Notwithstanding the provisions in Subsection 2 A and B, no primary structure on Lots l, 2, 33-38, 47, 48 and 53-56 of Block A shall be permitted to be constructed of stucco exterior material, as noted on Exhibit B. F. Within this Planned Development, stucco shall mean a continuous plaster or mortar exterior veneer, finished by hand troweling over wire lath. G. In no event shall any structure be constructed with exterior insulation and finish system (EIFS) or any other fiberglass based building material. SECTION 3. That the Site Plan indicating lots where stucco homes are prohibited attached hereto as Exhibit "B", and made a part hereof for all purposes, are hereby approved. 2 TM 36692.2.000 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 punished by a fine not to exceed the sur~ 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. 3 TM 36692.2.000 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 L~'~'~'tlay of , 2009. APPROVED: JA P TERS, MAYOR ATTEST: L BY B CITY SECRETARY APPROVED S TO FORM: ROBERT E. HAGER, Y ATTORNEY (REH/cdb [revi wed only] 5/1/09) 4 TM 36692.2.000 ' Legal Description BEING a 20.000 acre tract of land, situated in the J. A. Simmons Survey, Abstract No. 1296, Dallas County, Texas and being a portion of a tract of land, conveyed by deed to the Bapt~st 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 O1°17'37" 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'/z inch iron rod set for corner, said point being the southeast corner 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 76°24'37" 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'/z inch iron rod set for corner, said point being the point of a curvature of a curve to the right, having a delta of Ol°04' 14", a radius of 3,420.07 feet a tangent length of 31.96 feet and a chord bearing and distance of South 76°56'44" West, 63.91 feet; . THENCE south~vesterly, along said common line and along the arc of said curve to the right, a distance of 63.91 feet to a'/z inch iron rod set for corner; THENCE North O]°17'37" East, leaving said common line, a distance of 445.98 feet to a'/~ inch iron rod set for corner; THGNCE North 28°51'26" East, a distance of 748.39 feet to a'i~ inch iron rod sct for comer; THENCE 01°17'37" East, a distance of 320.00 feet to a'/z inch iron rod set for corner, said point being in the common line of the noRh line of said Baptist tract and the south right-of-~vay line of said Bethel Road; THENCE South 88°42'24" East, along said common line, a distance of 438.05 feet to a'/z inch iron rod set for corner, said point being the point of a curvature of a curve to the right, having a delta of 02°27'30", a radius of 1,095.92 feet, a tangent length of 23.52 feet and a chord bearing and distance of South 85°20'S6" 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 COIv`TAINING 871,200 square feet or 20.000 acres of land, more or 1ess. EXHIBIT "A" BC1HEt R04D r------BETHF i_ RO/~D (VARIABLE NlIDTH RIGHT-OF-WAY) I, ' , _ ~ l _ I , , ~ ~ r 67.~.Y yT.dO' 0#.'J~ ' ~ ix ~ ! ' ~ OO I ~ 1. i) II I J ~ -~~W p GP.A~.N GE ASEMEN' : ^ . ~ OL~ME 70? PAGE 3652 ~ $ ~L~ R. C T. 4 Z . . . ~ , . , ~ ' ~ i LEXII`~GTON ~ABANu ED B1' l ~r ' ~ DOG N0. 7 ~ I AVLNI)E D R~... • \ $ COR~ICA :,OURT j I 3 IOo ~ I,^~ 3 ~ 85.70' J3.E2'38. ~ 'I ~ ~ _ . ~ ' ~---+3e.o~--- f ~ „l _ ~ ~ ~ ~ ~ ~ ~ 51 . 52 • - , b ,rS 4 e ~ _ - - tl ~ ~ C~ r I ~ I f ~ ~ ~ ~ i ~ i ~ ~ ~ ~ 3 ~ fa~ rJ Ih ' L' ' ~ O I 5 ~ `o = so ( n i 5 wa.t MniriTE Nc nsEUENr 8 , ~I 3 VO UME 97 J, PAGE 9 h~ ^ 49 ' Q~ D D.C.L 6 ~ ~ ~ C'~ ~ I ~ ~ ~ 6 ~ g 36. p8' I ~ ~ 8 'R - fl100' . I I O ^ ~ SOS~ e~R~ ~ m Eq U ¢ ~ 8 ^ry. I ~ g 8 ~?ao ~{?r li1 a ~ n^'~ ~ ~ ~ g ~ 43 r I a- ^ 44 J~ ~ Q~S~ 8 8 ng O e~4')B . 4rj ,J• '~~4~"'~~ ~ \ f`' f~ B ~ 9 J? ~ 48 9 8 ~g / 42 '~~J ~ ~~.Qp• ~ ~ ~ m ^ry. r )~j?~' Q~ ~ ti ~ ~ ~ 10 41 ~e. 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BLOCK i ~ ~ ~ ~ VOL. 99177, PG. 54 ~ ' % I M.R.D.C.T. / ~ , i ~ NO STUCCO HOME SHALL BE BUILT ON LOTS 1,2 33-38 47 48 53-56, BLOCK A. MAXIMUM OF 10 STUCCO HOMES WHERE EACH STUCCO HOME MUST BE SEPARAtED Ft~OM ANOTHER STUCCO HOME BY AT LEAST 3 LOTS. REAL STUCCO WILL BE THE CONSTRUCTION MATERIAL, IE PORTLAND CEMENT, 3 COATS-SCRATCH,BROWN,FINISH. EXHIBIT "B"