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OR 91-500-A-197 Zoning change to "PD-SF-7" for Westbury Manor AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A197 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 "SF-12" (SINGLE-FAMILY- 12) TO "PD-SF-7" (PLANNED DEVELOPMENT, SINGLE FAMILY-7) TO ALLOW DEVELOPMENT OF 35 RESIDENTIAL LOTS FOR T~E PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TREE LOCATION PLAN AND LANDSCAPE/SCREENING PLANS ATTACHED HERETO AS ~ITS "B", "C", AND "D', RESPECTIVELY; PROVIDING A REPEAl,lNG CLAUSE; PROVIDING A SEVERABH,ITY 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 a~er holding due hearin~ 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 thereo~ the said governing body is of.the opinion that Zoning Application No. PD-166 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 1T 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 "SF-12" (Single Family-12) to "PD- SF-T' (Planned Development, Single Family-7) on the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. I SS19400 SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exhibit "B", Tree Location Plan, Exhibit "C", and Landscape/Screening Plans, Exhibit "D", and the following special conditions for development: (A) If owner provides traffic calming devices such devices shall consist of speed humps, surfaced with brick pavers or comparable material and spaced and designed in accordance with plans approved by the City Engineer. (B) The owner shall without cost to the City, employ an arborist to be approved by the City to guide the owner in best practices to save existing trees, including installation of orange netting around such trees to the drip lines and signage to best insure their survival. SECTION 3. That the Site Plan, Tree Location Plan and Landscape/Screening Plan attached hereto as Exhibits "B", "C", and "D", respectively, 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 Coppel[, 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 confliet 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 derided to 2 SS19400 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 mended, 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 mended, 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 t~om 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 ? ~/-r'/l day of ,~/,~, , 1998. ATTEST: KAIII-ILEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 7/9/98) 3 ss~,~o PROPERTY OESCRIPTION STATE OF TEXAS: COUNTY OF DALLAS: BEING a tract of land situated in the S. Henderson Survey. ADstract No. 629. City of Coppell. Dallas County. Texas. Being all of a tract of land as described in deed to Lewis O. Padgett. III. recorded in Volume 95231. Page 3973 of the Deed Records of Dallas County. Texas (DRDCT). a portion of a tract of land es described in deed to H.H. Renwinkel and wife. Nergaret N. Renwinkel. recorded in the volume 3559. Page 257. OROCT. all of a tract of land as described in deed to Billy O. Horley and wife, Norms do Norley. recorded in Volume 68209. Page 326. OROCT. a portion of Lot 1. Block A of Christ Our Savior Lutheran Church. an addition to the City of Coppell. Dallas County, Texas as recorded in Volume 89012. Page t342 of t~e Nap Records of Dallas County. Texas (NRDCT) end · portion of a tract of land as described in deed to Texas District, The Lutheran Church. Nissouri Synod. recorded in Volume 8403. Page 3t65, DROCT end Deing more particularly described as follows: BEGINNING et a 1/2' iron rod found at the southwest corner of Sandy Oaks. an addition to the City of CoBpell. Oallas County. Texas as recorded in Volume 81202. Page 64. NRDCT and the southeast corner of said Renwinkel tract, said point lying in the north line of Hildwood NO. 2. an addition to the City of Coppell. Dallas County. Texas as recorded in Volume 79095. Page 746. HRDCT; · .' THENCE N 8g'10'21' W. along the south line of said Rehwtnkel and Horley tracts, the north line of said Wildwood No. 2 and the north line of a tract of land as descrtOed tn - deed to the City of Coppell. recorded in the Deed Records of Dallas County. Texas. a distance of 602.65 feet to the east line of Heartz Road (50' R.O.H.); THENCE N 00'07'29' H. along the east line of said Heartz Road. 452.67 feet; THENCE S 89'10'2t E. departtn~ the east line of said Heartz Road. along the south line of said Lot 1. Block A of Christ Our savior Lutheran Church. 480.63 feet; THENCE N 01'26'24' E. departing the south line of said Lot t. Block A of Christ Our Savior Lutheran Church. a distance of 953.56 feet to the south line of Sandy Lake Road (VariaBle width R.O.H.); THENCE N 89'17'00 E. along the south line of said Sandy Lake Road, I54.48 feet; THENCE S 01'26' 24' H. departing the south line of said Sandy Lake Road. along the ~est line of said Sandy Oaks. a distance of 1410.36 feet to the POINT OF BEG[NNING and containing approximately g.713 acres. i