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OR 91-500-A-131 Zoning change to PD SF-9, NE corner of Heartz & Sandy Lake Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A131 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-9" (PLANNED DEVELOPMENT, SINGLE FAMILY-9) TO ALLOW THE DEVELOPMENT OF A 27-LOT PLANNED DEVELOPMENT SINGLE-FAMILY SUBDIVISION FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; FOR THE APPROVAL OF THE SCREEN WALL ELEVATIONS AND PLANTING PLAN ATTACHED' HERETO AS EXHIBIT "C"; 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-156 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 "SF-12" (Single Family-12) to "PD-SF-9" (Planned Development, Single Family-9) to SS258 1 allow the development of a 27-1ot planned development single-family subdivision on 7.72 acres of property, located at the northeast comer of Heartz and Sandy Lake Roads, 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, attached hereto as Exhibit "B", and the following special conditions for development: (A) No additional alleys shall be required. All garages shall be front-entry except for those on Lots 6-12. Garages on Lots 6-12 shall be rear-entry accessed by existing alleys; (B)CUl de sac length will not exceed 700 feet as measured from center line of Heartz Road to the center of the cul de sac; (C) Construction on all lots shall observe SF-9 developments standards, except that: (1)Lot 22 and Lot 23 shall have a minimum front yard setback of 20 feet; (2)Lot 19 and Lot 20 shall be a minimum of 7,200 square feet in area. Lots 2,17,18 and 21 shall be a minimum of 8,000 square feet in area; (3)Lot 19 shall have a minimum width of 65 feet, and Lots 9, 10, 16, 18 and 20 shall have a minimum width of 70 feet; (4) Lots 17, 18, 22 and 23 shall have a 10 foot side yard setback adjacent to the street. This setback shall also apply to fences on Lots 17 and 18. SS258 2 (5) 'Lot width shall be measured at the center of the lot (from the center of one side lot line to the center of the opposing side lot line). (D) A combination of screening wall and metal fencing with a maximum height of eight feet shall be permitted within the front yard setback of Lot 1; (E) Lot 28 shall be common property to be owned and maintained, along with all improvements thereon, by the Ashton Ridge Homeowners Association; (F) A six foot tall brick screen wall will be built along the Sandy Lake Road and Heartz Road Frontages. Landscape and irrigation will be installed in conformance with the City of Coppell Streetscape requirements as well as the Sandy Lake Road Master Landscape Plan; (G) A 5 to 10 feet wide easement on the lots adjacent to Heartz Road shall be granted to the Ashton Ridge Homeowners Association for the purpose of installing and maintaining a screen wall; (I-I) The repair and maintenance of the wall, landscape, and irrigation referenced above shall be the sole responsibility of the Association. Homeowner may not paint, raise, or in any way alter the appearance of the wall or other improvements installed and maintained by the Homeowners Association; (I) Site Plan shall show preservation of tree 131. SECTION 3. That the Site Plan attached hereto as Exhibit "B" and the Screen Wall Elevations and Planting Plan attached hereto as Exhibit "C" and made a part hereof for all purposes, is 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 SS258 3 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 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 fmc 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 at,er its passage and the publication of its caption, as the law and charter in such cases provide. SS255 4 DULY PASSEl) by the City Council of the City of Coppell, Texas, this the ~ day of c~ ,~, ,1996. ATTEST: ~/ APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 6/27/96) SS258 5 LEGAL DESCRIPTION Being a tract of land out of the SlBERED HENDERSON SURVEY,. ABSTRACT NO. 629, and being part of that tract conveyed to C.J. Wilson and wife, Cora Belle Wilson to E. Clinton Holt and wife Tillie B. Holt by Deed dated 7/7/48, recorded in Volume 3011, Page 295, Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows, to wit: ~ AT THE INTERSECTION OF THE NORTH LINE OF SANDY LAKE ROAD (60 FEET WIDE) WITH EAST SIDE OF NEARTZ ROAD (60 FEET WIDE). SAID POINT BEING 17.5 FEET EAST OF THE WEST LINE OF SAID HENDERSON BURVEY TO POINT OF BEGINNING, TO A 1/2" IRON ROD SET FOR CORNER; THENCE NORTH 0 DEGREES 44 MINUTES 28 SECONDS WEST ALONG THE EAST RIGHT~3F-WAY LINE ON HEARTZ ROAD FOR A DISTANCE OF 609.32 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE SOUTH 89 DEGREES 19 MINUTES, 42.8 SECONDS EAST A DISTANCE OF 599.94 FEET TO AN EXISTING "X" CUT IN CONCRETE, SAID 'X' BEING POINT OF CORNER; THENCE SOUTH 02 DEGREES 46 MINUTES 47 SECONDS WEST A DISTANCE OF 564.44 FEET TO A POINT IN THE NORTH LINE OF SAID SANDY LAKE ROAD, TO AN IRON ROD FOUND FOR CORNER MARKED WITH A YELLOW CAP; THENCE SOUTH 89 DEGREES 54 MINUTES 25.9 SECONDS WEST, ALONG SAID NORTH LINE OF SANDY LAKE ROAD 92.55 FEET TO THE BEGINNING OF A CURVE TO LEFT WHOSE CENTRAL AND ANGLE IS 9 DEGREES 22 MINUTES 46.6 SECONDS AND WHOSE RADIUS IS 2,894.79 FEET, TO A 1/2' IRON ROD SET FOR CORNER; THENCE ALONG SAID NORTH LINE OF SANDY LAKE ROAD AND ALONG SAID CURVE TO THE LEFT 473.89 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.722 ACRES (338,384.916 SQUARE FEET) OF LAND, MORE OR LESS. ~3~TBIT