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OR 91500-A-113 Zoning change west of Denton Tap, north of Denton Creek ORDINANCE NO 91500A113 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FOR PD-133 FROM PD-FP, LI AND HC (PLANNED DEVELOPMENT, FLOOD PLAIN, LIGHT INDUSTRIAL AND HIGHWAY COMMERCIAL) TO PD-FP, SF-9, SF-12 AND HC (PLANNED DEVELOPMENT, FLOOD PLAIN, SINGLE FAMILY RESIDENTIAL AND HIGHWAY COMMERCIAL) FOR THE PROPERTY LOCATED WEST OF DENTON TAP ROAD, APPROXIMATELY 800 FEET NORTH OF DENTON CREEK, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; 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 ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Coppell and the governing body of the City of Coppell in compliance with the laws of the State of Texas, and the ordinances of the City of Coppell, have given requisite notice 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-133 should be approved, and in the exercise of its 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 on the 6th day of February, 1979, as heretofore amended, be, and the same are hereby, amended by granting a change in zoning for PD-133 from PD-FP, LI and HC (Planned Development, Flood Plain, Light Industrial and Highway Commercial) to PD-FP, SF-9, SF- 12 and HC (Planned Development, Flood Plain, Single Family Residential and Highway -1 - AGG0799D Commercial) for the property located west of Denton Tap Road, approximately 800 feet north of Denton Creek, being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning is granted subject to the following special conditions: 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; B. 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 developed 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 -2- AGG0799D 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 70 feet and an average lot width of 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; 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 -3- AGG0799D 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; and S. That the developer and Homeowner's Association shall cooperate with the City of Coppell to finalize improvements to the proposed park land site. SECTION 3. That the property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B" and made a part hereof for all purposes, is 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 in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell 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 invalid, illegal or unconstitutional, -4- AGG0799D 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 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. 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 ($2,000.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULYr~P~SSED by the City Council of the City of Coppell, Texas this the ~.~-;~ .2~J/' APPROVED: TOM MORTON, MAYOR A'I-FEST: LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: P~E'fE-R ~. ~3Ml~f-i', 'CITY K'I-FORNEY (PGS/ct 12/19/95) -5- AGG0799D BOUNDARY DESCRIPTION BEING'a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327 in the City of Coppell, Dallas County, Texas and being part of a tract of land as conveyed to BancPlus Savings Association by a deed recorded in Volume 2583, Page 245 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a point for corner at the intersection of the west line of Denton Tap Road (a variable width right-of-way) with the proposed south line of State Highway No. 121 (a proposed variable width right-of-way); THENCE SOUTH, 1248.11 feet along the said west line of Denton Tap Road to a point for corner; THENCE S. 05'43'00" W., 100.50 feet continuing along.the said west line of Denton Tap Road to a point for corner; THENCE SOUTH, 390.00 feet along the said west line of Denton Tap Road to a point for corner, said point being in the centerline' of Denton Creek; THENCE along the said centerline of Denton Creek the following courses and distances; N. 86'46'35" W., 119.53 feet to a point for corner; THENCE N. 66'46'27" W , 291 60 feet to a point for corner THENCE N. 55'47'26" W , 193 50 feet to a point for corner THENCE N. 43'03'27" W , 359 50 feet to a point for corner, THENCE N. 37'13'26" W , 298 68 feet to a point for corner, THENCE N. 62'33'11" W , 166 34 feet to a point for corner, THENCE N. 87'11'44" W 102 11 feet to a point for corner, THENCE S. 58'37'59" Wi, 35 31 feet to a point for corner, THENCE S. 45'50'51" W., 234 76 feet to a point for corner, THENCE S. 81'41'17" W., 231 49 feet to a point for corner, THENCE N. 83'40'51" W., 396 65 feet to a point for corner THENCE N. 63'24'34" W., 133.68 feet continuing along the said centerline of Denton Creek to a point for corner; THENCE N. 00'05'25" E., 2058.22 feet leaving the said centerline of Denton Creek to a point for corner, said point being on the proposed south line of said State Highway 121; THENCE along the said proposed south line of State Highway 121 the following courses and distances; S. 64'55'06" E., 103.83 feet to a point for corner; THENCE S. 5~'49'12" E., 119.79 feet to a point for corner; THENCE S. 66'22'06" E., 713.44 feet to a point for corner; THENCE S. 64'57'59" E., 1419.98 feet to a point for corner; THENCE S. 47'40'07" E., 36.29 feet to a point for corner; THENCE S. 89'47'17" E., 9.92 feet continuing along the said proposed south line of State Highway No. 121 to the Point of Beginning and containing 88.009 acres (3,833,656 square feet) of land. NOV-1J-1995 10:$2 DOWDEY,ANDERSON & ASSOC. 21d 931 9538 P.02 i~, o [ i. ii~ !--ii.:: n'-::.-[: =' ii ': = .: ..r-.' ':.. 'i i i": ': : :~_i j5 ':':":-":' ':I ' ': -:: , . ~ ~ ~, ~ ,~ TOTAL P. 0:>