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OR 91-500-A-383 48 single-family attached homes on 4.42 acresAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-383 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 LI (LIGHT INDUSTRIAL) TO "PD-201-TH-2" (PLANNED DEVELOPMENT - 201 - TOWNHOUSE-2) TO ALLOW FOR THE DEVELOPMENT OF FORTY-EIGHT(48) SINGLE-FAMILY ATTACHED HOMES AND ALL COMMON AREAS ON 4.42 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF MACARTHUR BOULEVARD, APPROXIMATELY 1,400 FEET NORTH OF RIVERCHASE DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO A HIGH DENSITY RESIDENTIAL DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT "B", PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS, AND COLOR RENDERING, ATTACHED HERETO AS EXHIBITS "C", "D", "E" AND "F," RESPECTIVELY; 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-201-TH-2 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 "LI" (Light Industrial) to "PD-201- TH-2"(Planned Development - 201 -Townhouse-2) to provide the appropriate zoning district for the development of forty-eight (48) single family attached homes and all common areas on 4.42 acres of property located along the east side of MacArthur Boulevard, approximately 1,400 feet north of Riverchase Drive, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes and further amending, in part, the Land Use Map of the Comprehensive Plan changing the designation from Light Industrial/Showroom to a High Density Residential designation on the tract of land as described herein, and authorizing the Director of Planning to amend the Land Use Map in accordance the Exhibit "B". SECTION 2. That the property shall be developed in accordance with TH development standards under the Coppell Zoning Ordinance except as amended in the special conditions, which are as follows: ^) B) Lot #49 must conform to the provisions of Sec. 33-1-8-C of the Zoning Ordinance. Provide rear-yard fencing around project, preferable decorative metal with brick columns matching brick of buildings. C) A disclosure statement, as approved by the Director of Planning, must be made at the time of the signing of the purchase contract that this development is adjacent to a lighted public park with night time use until 11 p.m. SECTION 3. hereto as Exhibits "C", hereby, approved. SECTION 4. That Site Plan, Landscape Plan, Elevations, and Color Rendering attached "D", "E", and "F" respectively, and made a part hereof for all purposes, are 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 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 of the 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~_~ day of L Y BP~,L/CITY SECRET~RY APPROVED AS TO FORM: /~ /~// ROBERT ~.. HAGER, ~JITY ~tORNEY (~H~¢db O29/O4) 4 65936 pD-20 I-TIt-2 LE~L DESCR~PT][ON ,s the owner of a 44 acre tract of land situated in the SA & MO Survey, Abstract No 1442 and lying in the City of Coppell, Dallas County, Texas and being more particularly described os follows COMMENCING at o found f/2r' iron rod (copped w/NDM cop) a( the southwest corner of at a tract os conveyed to L&N Land Corporation os recorded in Volume 80242, Page 1.350 DROCT and lying [n the east line of MacArthur Blvd (1!O' R/W); THENCE N 89'0.324" E departln9 said east line and a~ong the south line of said L&N tract for o distance of 88 37' to a found ~/2" iron rod; THENCE S 00'0208" W for 20992' to a found I/2" iron rod at the mast southerly southwest corner of sold L&N tract; THENCE N 89'02'3¢" E along said south llne of the L&N tract for 657 38' to a found 1/2" iron rod at the POINT 09 BEGINNING; THENCE N 89'02'3¢" E continuing along said south llne for 228 16' to o found 1/2" iron rod at the northeast corner of sold 4 4 acre THENCE S 29'1.3'4 f' w leaving said south line of the L&N tract and along the east line of said 44 acre tract for 1.04.363' to a found 1/2" iron rod in the northeast line of said MacArthur Bird; THENCE N 60'46'19" W along said northeast llne of MacArthur Blvd for 1218' to the point of curvc~ture of a curve to the right whose chord bears N 54'48'46" W for 18605' and having a can(roi angle of IT55'06" and a radius of 89605'; THENCE Northeasterly along said curve and sd;d right-of-way line for an arc length of 186.39' to a found 1/2" ;ran rod at the southwest corner of said 4 4 (lore tract; THENCE N 29'1.3'41" E leaving st:id northeast line of Mc]cArthur Bird and along the west line of said tract 2 for 90960' to the POINT OF BEGINNING and CONTAINING 44 acres of land KXH [BT'~ 'A" LAND USE AMENDMENT From: Light Industrial/ Showroom To: Residential High Density EXHIBIT "B" '~ SCALE: 1" = 50' 226.16' ~EAR PROPERTY LINE FENCE MACARTHUR FN ~. rI~JNT gT,gVAqq'~)N