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OR 91-500-A-083 Zoning - PD-SF Coppell Rd & Thweat Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A83 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-12" (PLANNED DEVELOPMENT, SINGLE FAMILY-12) ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COPPELL AND THWEAT ROADS, 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" AND THE LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY 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 heatings and affording a full and fair hearing to all property owners generally, and to alt 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-135R 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 "SF-12" (Single Family- 12) to "PD-SF-12" (Planned Development, Single Family-12) on property located at the southwest corner of Coppell and Thweat Roads, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto, and made a part hereof for all purposes. SECTION 2. That the aforementioned change in zoning is hereby granted subject to the following special conditions: 1. No alleys are required. 2. There shall be no alley access to the Oakbend Subdivision. 3. Front yard setbacks shall be twenty-five feet (25'). 4. Side yards shall be eight feet (8'). 5. Lot width shall be measured at the center of the lot. 6. A note shall be placed on the face of the plat for the property described in Exhibit "A" which states that the potential purchaser recognizes that there will be airport noise connected with living in this area. 7. Contracts of Sale for property described in Exhibit "A" shall contain the following statement: "Due to the proximity to the existing and future runways of D/FW airport, residents of this subdivision may be subject to intermittent aircraft noise". 8. That the property shall be developed and used only in accordance with the Site Plan attached as Exhibit "B" and the Landscape Plan attached as Exhibit "C". SECTION 3. That the Site Plan attached as Exhibit "B", and the Landscape Plan attached as Exhibit "C", 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, 2 AGG0692F repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. 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 7. 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 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 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. 3 AGG0692F DULY PASSED by the City Council of the City of Coppell, Texas, this the ~,Z,~ ~'~day of ~~_, 1995. APPROVED: TOM MORTON, MAYOR ATTEST: LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: P~'-TER G. SMITH, CITY ATTORNEY (PGS/jd 3-20-95) 4 AGG0692F EXHIBIT "A" LEGAL DESCRIPTION Being part of the Thomas L. Holland Survey, Abstract No. 624, Dallas County, Texas, part of the 126.66 acres conveyed to the Thomas C. McBride and Justin S. McCarty, Grady Jordin and Co. Trustees, by deed filed December 15, 1971 in the Deed Records of Dallas County, Texas and part of the 93.017 acres described in deed from said McBride and McCarty, Trustees, to Grady Jordan & Co. recorded in Volume 73130, Page 1922 and said deed recorded, and being described more particularly as follows: COMMENCING at the intersection of the center lines of Thweat Road, running West, and Coppell Road, running Southeast, a nail in asphalt roadway; THENCE South 49° 26' 34" EAST along the center line of said Coppell Road, a distance of 1282.2 feet to a cross cut in the center of a concrete bridge over Cottonwood Creek, at a north comer of the 58.57 acre tract conveyed to Manning Grinnan, Trustee, by deed recorded in Volume 71212, Page 1310, of said deed recorded; THENCE South 40° 33' 26" West 25.07 feet to the POINT OF BEGINNING; THENCE SOUTHWESTERLY along the center line of Cottonwood Creek, being the northwesterly line of said Grinnan Tract, as follows: SOUTH 35° 03' 10" West, 61.6 feet; SOUTH 6° 00' 44" West, 130.8 feet; SOUTH 63° 06' 47" West, 77.3 feet; SOUTH 37° 37' 26" West, 99.2 feet; SOUTH 17° 26' 15" West, 88.5 feet; SOUTH 0° 32' 24" East, 66.1 feet to a point for comer and departing the centefline of said creek; THENCE South 89° 35' 40.1" West along a north line of said Grinnan Tract, being along the dividing line as described by an old fence, between the south line of said Holland Survey and the north line of the JOEBI VEST Survey, Abstract No. 1508, at 30.0 feet passing an iron rod on line, in ail a distance of 768.2 feet to an iron rod set for corner; THENCE North 0° 15' 27.7" West a distance of 1266.7 feet along an east line of said Grinnan Tract, being along the dividing line, as defined by an old fence, between the west line of said Holland Survey and the east line of the Jesse Moore Survey, Abstract No. 968, at 1271.4 feet to an iron rod set on the southerly line of Thweat Road, from which point the southwesterly line of Coppell Road runs as follows: SOUTHERLY along a curve to the right having a radius of 225.00 feet, and an arch distance of 84.17 feet, and arc having a central angle of 21' 26" to a pipe at the end of said curve; and SOUTH 49° 26' 34" East and Southeasterly of and parallel with said centerline, a distance of 1191.8 feet to the POINT OF BEGINNING and containing approximately 791,600.7986 square feet or 18.1727 acres of land, more of less. EXHIBIT "A" EXHIBIT "B" fiiji Jo~oo spuqpooM eLIJ. ~