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OR 91-500-A-187 Provides for development conditions and the approval of amended site plan AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A187 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 THE SITE PLAN FOR LOTS 8-10, 27-35 ZONE A TO DELETE ALLEYS AND TO INCREASE THE REAR BUILDING LINE FROM 20 TO 35 FEET FOR LOTS 34-36, ZONE A, FOR PROPERTY ZONED "PD-SF-9, SF-12," "HC" & "FP" (PLANNED DEVELOPMENT, SINGLE FAMILY-9, SINGLE FAMII.Y-12, HIGHWAY COMMERCIAL AND FLOOD PLAIN) DESCRIBED IN EXHlBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE AMENDED SITE PLAN, AMENDED DEVELOPMENT CONDITIONS FOR PLANNED DEVELOPMENT-133 AND ZONING EXHIBIT ATTACHED HERETO AS EXHIBITS "B", AND "C", 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. i WIIE~REAS, the City Planning and Zoning Commission and the governing body of the City of i 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-133R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THF~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPEIJ~, 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 by amending the Site Plan for Lots 8-10, 27-35, Zone A to delete alleys and to increase the rear building line fi-om 20 feet to 35 feet for Lots 34-36, zone A for the property zoned "PD-SF-9, SF-12', "HC", and "FP" (Planned Development, Single Family-9, Single Page -1- ss~5355 Family-12, Highway Commercial and Flood Plain) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Site Plan as amended, Exhibit B, and the Development Conditions for Planned Development-133 as amended herein: (A) That the property shall be developed and used so that each lot shall have a minimum 30' front-yard setback for Zone B which is comparable to "SF-12" Zoning District; 03) That the property shall be developed and used so that each lot shall have a minimum 25' front-yard setback for Zone A which is comparable to a "SF-9" Zoning District; (C) That the property shall be developed and used so that each lot shall have a minimum 110' lot depth; (D) That the property shall be developed and used so that each lot shall have a 35% lot coverage; (E) That the property shall be devdoped and used so that each front-entry lot shall have swing-entry garages; (F) That the property shall be developed and used so that the Homeowners' Association shall be responsible for maintaining the common areas; (G) That the property shall be developed and used so that a foot bridge is constructed to the park land area; (H) That the property shall be developed and used so that each lot shall have the "average" size of lot be changed to "minimum"; (I) That the property shall be developed and used so that each lot shall have a minimum lot width of seventy (70) feet and an average lot width of seventy-five (75) feet in Zone A; Page -2- ss~5355 (J) A detailed site plan be submitted at the time the Preliminary Plat is submitted for approval; (K) That the property shall be developed and used only with the alleys as shown on Site Plan; (L) That Lot 51 shall be eliminated and the alley shall be connected to the abutting street; (M) That the developer shall cooperate with the City of Coppell to pursue a grant for the donation of a park land site and improvements; (N) That the developer shall lay and install bermuda turf grass in the park land site; (O) That the developer shall provide a~ plan for the installation and maintenance of an automated irrigation system to be installed at or near the playground as shown on the approved Site Plan; (P) That all playground specifications shall be coordinated with and approved by the City of Coppell Parks and Recreation Division to ensure the same are accessible to challenged individuals; (Q) That the property shall be developed and used so that the developer/owner of the property zoned herein shall provide additional access for a pedestrian/bike trail along the Denton Tap Road as it is widened if the pedestrian/bike bridge across Denton Creek is not approved; (R) That the property shall be developed and used so that aeration fountains are installed in the two (2) lakes as shown on the approved Site Plan and thereafter maintained by the developer and the Homeowner's Association; (S) That the developer and Homeowner's Association shall cooperate with the City of Coppell to finalize improvements to the proposed park land site; Page -3- ss15355 (T) Lots 8-10, 27-35 Zone A may be developed without alleys; (I3) The building line for Lots 34-36, Zone A is increased fi.om 20 feet to 35 feet; (V) All development conditions as mended shall appear on the face of the Zoning Exhibit attached hereto as Exhibit "C"; (W) An additional egress near Lot 1, Block A, onto the State Highway 121 Bypass be designed and approved by City staff, SECTION:3. That the amended Site Plan, and Development conditions for Planned Development-133 attached hereto as Exhibits "B" and "C", 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 Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Comprehensive Zoning Ordinance 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 pan or provision thereof other than the pan so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Page -4- SS15355 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 zomg 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the /~?~i/ day of /~'~' ~ ~"' ~4 ~ ~'~ , 1998. ~ROVED: /~i C"3ifqDY SH~EHAN, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 1/16/98) Page -5-, 01x20/98 i5:19 CITY OF COPPELL ENGINEERING -~ 214 965 0010 NO. 631 J~H 16 '98 14:50 ~R N~.rHOLS JO<SON DLLRD 514 ~5 0010 TO C'4PPELL PZ -P.08/89 BOUND~ _AR¥ D~.$CRI PT~QN bein9 par~ of a ~racc of l~d a~ =onv~y~d ~.o B~Plu~ Saving~ Association by a d~d r~co~=d in Vol~e 2583, Pag~ 245 of ~ D~d ~cord~ of D~ton Co~=y, Te~s ~d being ~re par~icul~ly descried as follows: BEGI~ZNG a~ a poin= for co,er a~ ~ inters.c~ion of west line of Denton Tap Road (a v~i~l~ width right-of-way) wi~h =he proposed south line of S=a~e H~hway No. 121 (a variable width right-of-way); T~CE SO~, 1248.11 f~e~ alon~ the said w~s= line of Denton Tap Road =o a poin= for co,er; ~~ S~ 0S'~3'00" W~. 100.50 feet con=inui~ alo~ .=he said wes~ line of ~nton Tap ~ad ~o a poin~ ~or co~r~ ~CE SO~, 390.00 fee~ along ~he said ~s~ lint o~ Tap R~d ~o a poin= for co--r, said ~inc being in =he cen=erli~ o~ Denton C~eek~ ,.. T~CE along the zaid c~nterline of Denton Creek the ~ollowin9 courses and dist~ces; N. 86'46'35~ W., 119.53 ~eet to a point for TH~CE N. 66'46'27" W., 291.60 fee= ~o a poin~ for T~CE N. 55'~7'26~ W., 193.50 ~ee= =o a ~in= for co--r; THENCE N. 43'03'2~" W., 3S9.S0 feec co a point for THEN~ N. 37'13'26' W., 2~e.6S fe~= =o a poin= for corner~ T~ N. 62'33'11" W., 166.~4 ~ee= ~o a poin= ~or co~=r; ~CE N. 87'11'44" W~, 102.11 fe~= ~o a poin= for co~er~ ~~ S. 58'37'59' W., 35.31 ~ee~ =o a poin= ~or TH~ S. %~'~0'51" W., 234.76 feet =o a point for corner~ TH~CE S. 81'41'17" W., 231.49 fee~ =o a point ~or co=ner~ THEN~ N. 83'40'51" W., 396.6~ fee= =o a poin~ for co~er~ T~NCE N. 63'24'3~" W., 133.68 fee~ con=i~uing along ~he said cennerline of Denton Creek to a poin= for ~ENCE N. 00'05' 25" E., 2058.22 fee= leavin~ ~h~ cen=erline o~ Den=on Creek ~o a poin= for co~r, said point b~ing on =he pro~sed south line o~ said S=a~ Highway 121; T~CE alon~ =he said proposed sou=h line of S=a~ Highway 121 =he following courses ~d dis=~ces; S. 64'S5'06. S., 103.83 to a poin= fo= co~er~ THENCE S. S6'49'12" E,, 1L9.79 feec co a poin~ for corner~ THENCE S. 66'22'~6" E., 713.44 ~ee= ~o a ~oin= for T~CE S. 6~'57'59" E., 14~9.98 fe~ ~o a point ~0= THENCE S. %7'40'0~" E., 36.29 feec co a ~in= ~or co~er~ THENCE S. 89't7'17" E., 9.92 ~ee~ con=in.u~ng along =he sa~d proposed sou=h lin~ of S=a=~ Highway No. 1~1 =o =h~ Poin= Reginning and con=dining 88.009 a=res (3,833,6S6 s~are fee=) land. JAN 20 '98 15:38 214 304 35?0 PAGE. iS EXHIBIT 'B' AMENDED DEVELOPMENT CONDITIONS FOR PLANNED DEVELOPMENT 133 (A) That the property shah be developed and used so that each lot shall have a minimum 30' from-yard setback for Zone B which is comparable to "SF-12" Zoning District; (B) That the property shall be developed and used so that each'lot shall have a minimu~ 25' fi'ont-yard setback for Zone A which is comparable to a "SF-9" Zoning District; (C) That the property shall be developed and used so that each lot shall have a minimun~ 110' lot depth; (D) That the property shall be developed and used so that each lot shall have a 35% coverage; (E) That the property shall be developed and used so that each fi'ont-entry lot shall have swing-entry garages; (F) That the property shall be developed and used so that the Homeowners' Association shall be respona"ole for maintaining the common areas; (G) That the property shall be developed and used so that a foot bridge is constructed to the park land area; (H) That the property shall be developed and used so that each lot shall have the "average" size of lot be changed to "minimum"; (I) That the property shall be developed and used so that each lot shall have a minimum lot width of seventy (70) feet and an average lot width of seventy-five (75) feet in Zone A; (J) A detailed site plan be submitted at the time the Preliminary Plat is submitted for approval; (K) That the property shall be developed and used only with the alleys as shown on Site Plan; AMENDED DEVELOPMENT CONDITIONS FOR PLANNED DEVELOPMENT 13~; (L) That Lot 51 shall be eliminated and the alley shall be connected to the abutting street; (lyf) That the developer shall cooperate with the City of Coppell to pursue a grant for the donation ora park land site and improvements; (N) That the developer shall lay and install bermuda turfgrass in the park land si.te; (O) That the developer shall provide a~ plan for the installatiOn and maintenance of an automated irrigation system to be installed at or near the playground as shown on the approved Site Plan; (P) That all playground specifications shall be coordinated with and approved by the City of Coppell Parks and Recreation Division to ensure the same are accesa'ble to challenged individuals; (Q) That the property shall be developed and used so that the developer/owner of the property zoned herein shall provide additional access for a pedestfiarVbike trail along the Denton Tap Road as it is widened if the pedestrian/bike bridge across Denton Creek is not approved; (R) That the property shall be developed and used so that aeration fountains are installed in the two (2) lakes as shown on the approved Site Plan and thereat~er maintained by the developer and the Homeowner's Assodatiort; (S) That the developer and Homeowner's Association shall cooperate with the City of Coppell to finalize improvements to the proposed park land site; (T) Lots 8-10, 27-35 Zone A may be developed without alleys; CO) The building line for Lots 34-36, Zone A is increased fi.om 20 feet to 35 feet: AMENDED DEVELOPMENT CONDITIONS FOR PLANNED DEVELOPMENT 133 (V) All development conditions as mended shall appear on the face of the Zorfi~g Exh~oit attached hereto aa Exh'bk "C"; (W) An additional egress near Lot 1, Block A, onto the State Highway 121 Bypass be designed and approved by City staff, EXHIBIT