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OR 91-500-A-222 Amending development conditions pertaining to entry features of Windsor Estates AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A222 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 AMENDING PLANNED DEVELOPMENT 163 (PD-163) ORDINANCE NO. 91500-A-180 TO AMEND THE DEVELOPMENT CONDITIONS FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A LANDSCAPE PLAN, ENTRY FEATURES, AND PLAT DOCUMENT, ATTACHED HERETO AS EXHIBIT "B", "C", AND "D"; 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-163R 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 amended by amending Planned Development-No. 163 (PD-No. 163) Ordinance No. 91500-A-180 to amend development conditions as they pertain to the entry features of the subdivision and the creation of additional common areas for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 26662 SECTION 2. That the property shall be developed and used only in accordance with the development conditions of Planned Development 163 (PD-163) Ordinance No. 91500-A-180, and the following special conditions: A. Modify the Homeowners Association documents to reflect the amendments herein to the Planned Development as approved by the City Attorney. B. Specify height of screening wall on marquee sign elevation. SECTION 3. That the Landscape Plan, Entry Features Plan, and Plat Document attached hereto as Exhibits "B", "C" and "D", and 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 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, except that Ordinance No. 91500-A-180 shall continue in full force and effect except as amended herein. 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. 2 26662 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 13th day of July ,1999. APPROVED CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, INTERIM CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/28/99) 3 26662 LEGAL DI~CR]}pTION STATE OF TEXAS COUNTY OF ~ALLAS WHEREAS, C~oppellOptlmum Assetst LLC Is the owner of o tract of land os described In deed to CoppellOptlmum Assets, LLC. recorded In Volume 186, Pg. 58, D.R.D,C.T., being sltuoted In the W. A. Trlmble Survey, Abstract No. 1791, and the J. H. Mounts Survey, Abstract No. 903, and being more particularly described by metes and bounds os follows; BEGINNING at the southeast corner of said called 121 acre tract belng In the centerllne of Denton Creek: THENCE West along the south line of sold coiled 121 acre tract, a dlstonce of G90.42 feet to set 1/2-inch Iron rod with o 'HALFF ASSOC.' CAP= THENCE North a distance of 954.74 feet to o point In the centerllne of Denton Creek= THENCE along the meonderlnQs of 0enton Creek os follows= South T8 degrees 56 mlnutes aa seconds East, o dlstance of 223.?6 feet to a point for corner.. North 85 degrees 45 minutes az seconds Erst, o dlstance of 70.59 feet to a point for corner= North 85 degrees 44 minutes 53 seconds East, (3 distance of 145.40 feet to a polnt for corner= North 85 degrees 44 mlnutes 54 seconds East, a distance of 122.00 feet to a point for corner; South 54 degrees 05 minutes O0 seconds East, a distance of t3T.00 feet to o point for corner; 5outt3 38 degrees OO minutes aa seconds East. a distance of 160,00 feet to a polnt for corner.' South 01 degrees O0 minutes OO seconds East, a dlstance of 160.00 feet to a point for corner: South 19 degrees 10 minutes O0 seconds West, a distance of 88,00 feet to a point for corner= South 24 degrees 25 minutes aa seconds West. a dlstonce of 98.00 feet to a point for corner= South 57 degrees 55 mlnutes aa seconds East, a dlstance of 93.00 feet to a point for corner~ SOuth .~1 degrees 55 minutes aa seconds East, a distance of 93,00 feet to a polnt for corner= Soutt3 (~ degrees 15 minutes O0 seconds West, a distance of 88.00 feet to a point for corner~ South ; ' degrees 31 minutes aa seconds West, a distance of 156.75 feet to a point for corner= South 28 dsgrees 20 minutes OO seconds West, a distance of 38,00 feet to the POINT OF BE(;INNING and containing 68T,3T? Sq, feet 15.T8 Acres of land. more or less. EXHIBIT EXHIBIT "D"