OR 91-500-A-231 Changes zoning to "PD-SF-12" for Deforest Ct AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A231
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 "A" (AGRICULTURE) TO
"PD-SF-12" (PLANNED DEVELOPMENT, SINGLE FAMILY-12) FOR
THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A
ZONING EXHIBIT, SITE PLAN, LANDSCAPE PLAN, TREE
MITIGATION PLAN, AND TREE SURVEY, ATTACHED HERETO AS
EXHIBITS "B", "C", "D", AND "E", 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 goveming body is of the opinion that Zoning Application No. PD-179
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 goveming body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from "A" (Agriculture) to "PD-SF-12"
(Planned Development, Single Family-12) for the property described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
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SECTION 2. That the property shall be developed and used only in accordance with the
following development conditions and the Zoning Exhibit and Site Plan, Landscape Plan, Tree
Mitigation Plan, and Tree Survey attached hereto as Exhibits "B", "C", "D", and "E", respectively:
A. Except as modified herein the property shall be used and developed in
accordance with "SF- 12" Single Family- 12 District regulations.
B. No building permit or certificate of occupancy shall be issued for any
portion of the property until a Detail Site Plan is approved after public hearing by City
Council and Planning and Zoning Commission.
C. Cul-de-sac length limit of Six Hundred Feet (600') waived by the City
Council.
D. Payment of the $1,285 per dwelling unit parkland dedication fee.
E. A number of trees located on the northern portion of the site are in an area
where extensive fill will be required to bring the site out of the flood plain. The
preservation techniques used on such trees will be closely monitored and additional
mitigation may be required if it is determined these trees have little chance of survival after
development.
F. No tree removal may occur on site prior to the issuance of an executed tree
removal permit.
G. DeForest Road to be elevated above the 100 year Flood Plain elevation.
SECTION 3. That the Zoning Exhibit and Site Plata, Landscape Plan, Tree Mitigation
Plan, and Tree Survey attached hereto as Exhibits "B", "C", "D", and "E", respectively, and made a
part hereof for all purposes, are hereby, approved.
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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 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.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the 12th day
of October, 1999.
APPROVED
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, INTERIM CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(~cdb 9/24/99)
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LEGAL DESCRIPTION
STAE OF TEXAS
COUNTY OF DENTON
Where os CoppellOptimum Assets, LLC. is the owner of a 8.429 acre tract
of land sltuoted in the W.A. TrTmble Survey, Abstract No. 1268, in th City of
Coppell, said tract being allof a 8.429 acre tract described in deed to Coppell
Optimum Assets LLC.,os recqrded in Volume xxxx, Pg. xxx Deed Records Dallas
County Texas (D.R.D.C.T.), and being more particularly described by meets and
bounds os follows;
BEGINNING at a 1/2 inch iron rod with plastic cap stamped 'Halff Assoc. Inc.'
(here to related to as 'with cap"), said point being the southwest corner
of Lot 3 of the Nettie Long Addition to the City of Cappellas recorded in
Volume 96044 Pg. 236 D.R.D.C.T., said point also being on the north
right-of-way lime of a Deforest Road (40 ft. R.O.W.);
THENCE West, along said north right-of-way line, a distance of 309.40 feet
to a 1/2 inch iron rod with cap set for a corner;
THENCE North, departing said north right-of-way line, a distance of 1288.97
feet to a point for o corner, said point being within the high banks of
Denton Ceek;
THENCE South 35 degrees 44 minutes 59 seconds East, within said banks of
Denton Creek, o distance of 81.39 feet to o point for a corner;
THENCE South 55 degrees 55 minutes O0 seconds East, within said banks of
Denton Creek a distance of 338.00 feet to a point for a corner;
THENCE South 51 degrees 54 minutes 55 seconds East, within said banks of
Denton Creek a distance of 9.06 feet to a point for a corner;
THENCE South, departing said banks of Denton Creek, a distance of 40zl.~O
feet to a 1/2 inch iron rod with cap set for a corner;
THENCE WEST, a distance of 25.22 feet to a 1/2 inch iron ~od with cap
set for a corner;
THENCE South, a distance of 623.52 feet to the POINT OF BEGINNING and
containing 367,175 Sq. feet or 8.429 acres of land more or less.
EXHIBIT "A"
EXHIBIT **E*~