OR 91-500-A-180 Grants change in zoning from Agriculture to Planned Development AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A180
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 OF ZONING FROM "A" (AGRICULTURE) TO
"PD-SF-9" (PLANNED DEVELOPMENT, SINGLE FAMILY-9) TO ALLOW
SINGLE FAMILY RESIDENTIAL USE ON THE PROPERTY DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; PROVIDING DEVELOPMENT
CONDITIONS; PROVIDING FOR THE APPROVAL OF A ZONING
EXHIBIT, DETAIL SITE PLAN, PRELIMINARY LANDSCAPE 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 FOR 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 Case No. PD-
163 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 are hereby amended to grant a change in zoning from "A"
(Agriculture) to "PD-SF-9" (Planned Development, Single Family-9) to allow a planned
development for single family residential use on the property described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
SECTION 2. That the above change in zoning is hereby granted subject to the
following development conditions:
Page 1
1. The property shall be developed and used in accordance to the provisions of
the comprehensive zoning ordinance for Single Family-9 Residential District.
2. If Lot 18, Block A proves to be unbuildable, after further engineering study,
the total number of lots should be reduced to 26.
3. Before any permits are issued for the development a flood study shall be
submitted to the City and FEMA and approved by both entities.
4. DeForest Road, east of Allen Road shall be elevated as necessary to remove it
from the 100 year floodplain.
5. Measures shall be taken to prevent erosion behind Lots 9-18, Block A.
6. That the property shall be developed and used only in accordance with the
Zoning Exhibit, Detail Site Plan, Preliminary Landscape Plan, and Tree
Survey attached hereto as Exhibits "B", "C", "D", and "E" respectively.
SECTION 3. That the Zoning Exhibit, Detail Site Plan, Preliminary Landscape Plan,
and Tree Survey attached hereto as Exhibits "B","C", "D", and "E" respectively, and made a
part hereof for all purposes, be, and the same 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 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. That an offense committed before the effective date of this ordinance is
governed by the 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.
Page 2
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 hereto 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
o.D~ day of tS~)c~Tto J~er- , 1997.
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
P~ER G. SMIT~, CITY ATTORNEY
Page 3
LEGAL DESCRIPTION:
BEING a tract of land out' of the T. A. Triable Survey, Abstract No. 1791 and the J. ii. Mouuls SurvzI, ,S}x~.raet No. g03, ~d being
a part of e certau called 121-acre tract of {and couveyed bI {{arranty l)eed dated &ugu~t 20, 1909 from 1. C. Da~i~.ud wife,
Willie {)av~s to Sam Dug as recorded m Volume l{~, Page 58 of the l)eed Records of ~uton ,;ounty, Texas (DRI}CT) ,nd being more
partAcularly described as follows (bearings based on the above-described Deed recorded in Volume 166, Page 58 of
the DRDCT):
BEGINNING at the southeast corner of said called 121-acre tract being in the centerline of Denton Creek;
?HENC{~ Wast'along the south line of said called 12l-acre tract, a distance of 690.42 feed to a point for corner;
THENCE North, a distance of 954.74 feet to a point ill t~he centerline of Dcllton Creek;
· THENCE along the meanderings of Denton Creek as follows:
--South 7i{'56'00" East, a distance of 223.76 feet to a point for corner;
--North t]5045"02" East, a distance of 70.59 feet to a point for corner;
--North §5°44'53" East, a distance of 145.40 feet to a point for corner;
--North I]5'44'5'4" East, a distance of 122.00 feet to a point for corner;
--South 54'05'00" East, a distance of 137.00 feet to a point for corner;
--South 3§°00'00" East, a distance of 160.00 feet to a point for corner;
- -South 01°00'00'' East, a distance of 160.00 feet toa point for corner;
--South 19°10'00'' West. a distance of 8~3.00 feet to a point for corner;
· --South 24°25'00" West, a distance of 91~.00 feet to a point for corner;
--South 37'55'00" East, a distance of 93.00 feet to a point for corzxer;
--South 3i°55'00'' East, a distance of 93.00 feet to a point for corner;
--South 01°15'00" West, a distance of §§.00 feet to a point for corner;
--South 37°31'00" West, a distance of 156.75 feet to a point for corner;
--South 28'20'00" West, a distance of 3i].00 feet to the POINT OF BEGINNING and CONTAINING ~5.7§ acres
of land, more or less.
~3U{IBIT "A"