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OR 91-500-A-099 Zoning - PD/SF at NW side of MacArhtur Bld AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 91500A99 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-0" (SINGLE- FAMILY RESIDENTIAL - ZERO LOT LINE) TO "P.D. 140" (PLANNED DEVELOPMENT), FOR SINGLE-FAMILY RESIDENTIAL USE WITH SPECIAL CONDITIONS, ON A 40.9814 ACRE TRACT OF LAND LOCATED ON THE NORTHEAST SIDE OF MACARTHUR BOULEVARD, SOUTH OF DEFOREST ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF THE DEVELOPMENT CONDITIONS AS SHOWN IN EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN AS SHOWN IN 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 Case #ZC- 576(CH) 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-O" (Single- Family Residential - Zero Lot Line) to "P.D. 140" (Planned Development), for single-family residential use with special conditions, on a 40.9814 acre tract of land located on the northeast side of MacArthur Boulevard, south of DeForest Road, 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 above change in zoning is hereby granted, subject to the following special conditions: 1. The property shall be developed and used only in accordance with the schedule of use, height, area, dwelling size, lot coverage, parking and exterior construction regulations attached hereto as Exhibit "B", and made a part hereof for all purposes. 2. The property shall be developed and used only in accordance with the Detail Site Plan, attached hereto as Exhibit "C", attached hereto and made a part hereof for all purposes. SECTION 3. That the Schedule of Regulations as shown in Exhibit "B" and the Detail Site Plan as shown in Exhibit "C", attached hereto 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 2 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 ?. 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. 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~,~ Aday of . _~/~~.~ ,1995. APPROVED: TOM MORTON, MAYOR ATTEST: LIIqDA GRAU, CITY SECRETARY 3 APPROVED AS TO FORM: PETER G. SMITH, CITY AT'FORNEY 4 EXHIBIT "A" VILLAGES OF COPPELL PHASES Ilia, IIIB, IVA AND IVB A tract of land situated in the City of Coppell, Dallas County, Texas, and lying in the Patience Piles Survey, Abstract No. 1137; in the B.B.B.&C.R.R. Survey, Abstract No. 199; and in the J. H. Mounts Survey, Abstract No. 903; and being more particularly described as follows: BEGINNING at an "x" cut in concrete found in the South right-of-way line of DeForest Road, said point being the Northeast corner of the Raintree Village Addition, an addition to the City of Coppell as filed in Volume 86132, Page 2311, of the Map Records of Dallas County, Texas; THENCE, South 89° 44' 05" East, along said South right-of-way line of DeForest Road, a distance of 2,330.26 feet to a ~-inch iron rod found for corner on the common boundary line between said B.B.B.&C.R.R. Survey and said J. H. Mounts Survey; THENCE, South 00° 40' 29" West, along said common boundary line between said surveys, a distance of 558.50 feet to a ~-inch iron rod set for corner; THENCE, South 89° 44' 05" East, a distance of 47.29 feet to a point for corner in Denton Creek; THENCE, South 53° 02' 39" West, a distance of 417.21 feet to a point for corner; THENCE, South 21 o 33' 37" East a distance of 237.04 feet to a point for corner; THENCE, South 43° 54' 55" West 393.30 feet to a point for corner; THENCE, North 89° 22' 00" West a distance of 184.71 feet to a point for corner in the East right-of-way line of Allen Road; THENCE, around a curve to the left along said right-of-way line, said curve having a central angle of 44° 22' 18", a radius of 430.00 feet, and a chord bearing of North 08° 48' 29" West, an arc distance of 333.00 feet to a %-inch iron rod set for corner at the end of said curve; THENCE, North 30° 59' 38" West, continuing along said right-of-way line, a distance of 535.00 feet to a ~-inch iron rod found for corner; THENCE, South 59° 00' 22" West a distance of 90.00 feet to a %-inch iron rod set for corner at the beginning of a curve to the right; THENCE, along said curve to the right, having a central angle of 31° 21' 13" , a EXHIBIT "A" radius of 415.00 feet, and a chord bearing of South 74° 40' 59" West, an arc distance of 227.10 feet to a Y2-inch iron rod set for corner at the end of said curve; THENCE, North 89° 38' 25" West a distance of 450.00 feet to a ~-inch iron rod set for corner; THENCE, South 81° 26' 49" West a distance of 87.05 feet to a ~-inch iron rod found at the Northeast corner of the Villages of Coppell Phase I, an addition to the City of Coppell as recorded in Volume 86118, Page 1828, of the Map Records of Dallas County, Texas; THENCE, along the Northerly line of the said Villages of Coppell Phase I, the following: North 61 o 55' 13" West a distance of 82.04 feet to a ~-inch iron rod with cap stamped NDM found for corner; South 82° 52' 32" West a distance of 78.49 feet to a ~-inch iron rod found for corner; South 78° 37' 40" West a distance of 194.81 feet to a ~/2-inch iron rod found for corner; North 64° 44' 35" West a distance of 63.86 feet to a ~-inch iron rod with cap stamped NDM found for corner; North 78° 34' 45" West a distance of 135.71 feet to an "x" cut in concrete in the Easterly line of the previously mentioned Raintree Village Addition and at the beginning of a curve to the left; THENCE, along the said Raintree Village Addition Easterly line and around said curve to the left, said curve having a central angle of 11 o 09' 20", a radius of 962.51 feet, and a chord bearing of North 05° 50' 35" East, an arc distance of 187.40 feet to a PK nail in concrete found for corner at the end of said curve; THENCE, continuing along the said Raintree Village Addition Easterly line, North 00° 15' 55" East a distance of 427.20 feet to the POINT OF BEGINNING; and containing 40.9814 acres of land. EXHIBIT "B" PLANNED DEVELOPMENT FOR VILLAGES OF COPPELL, PHASE mA PHASE HIB PHASE IVA PHASE IVB A. Use Regulations:A building or premise shall be used only for the following purposes: 1. Any use permitted in the "SF-7" District of the Coppell Comprehensive Zoning Ordinance. 2 Home Occupations. 3. Such uses as may be permitted under the provisions of special use permits in the Section 30-5 and 30-6 of the Coppell Comprehensive Zoning Ordinance. B. Height Regulations: Thirty-five (35) feet, no more than two and a half (2-1/2) stories high. C. Area Regulations: 1. Minimum Size of Yards: (A) Front Yard: Fifteen (15) feet; however, a twenty (20) foot building line shall be observed for the structure or portion of a structure accommodating the required off-street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a street. Where lots have double frontage, from one street to another, the required front yard shall be provided on both streets. (B) Side Yard: The minimum separation of ten (10) feet is required between residential structures on adjacent lots. The side yard adjacent to a street shall not be less than fifteen (15) feet. Allowable non-residential uses, twenty-five (25) feet. A side yard adjacent to an alley shall not be less than ten (10) feet. (C) Rear Yard: Ten (10) feet; however, a twenty (20) foot rear building line shall be observed for the garage portion of a structure, when the garage portion of a structure faces onto and has vehicular access from a dedicated alley. EXH~IT "B" 2. Minimum Size of Lot: (A) Lot Area: Five thousand (5,000) square feet. 03) Lot Width: Fifty (50) f~t. (C) Lot Depth: One hundred (100) feet. D. Minimum Dwelling Size: Twelve hundred (1,200) square feet, exclusive of garages, breezeways, and porches. E. Maximum Lot Coverage: Seventy (70%) per cent. F. Parking Regulations: Two (2) enclosed off-street parking spaces shall be provided behind the front building line for each unit in accordance with the requirements in Section 31 of the Coppell Comprehensive Zoning Ordinance. Where lots are adjacent to an alley, the enclosed parking area (garage) must be accessed off of the alley only. No parking shall be allowed within the front yard. G. Type of Exterior Construction: At least eighty (80%) percent of the exterior walls of the first floor of all structures shall be masonry construction (see Section 42-80 of the Coppell Comprehensive Zoning Ordinance) exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least eighty (80%) percent masonry exclusive of doors, windows and the area above the top plate line. EXHIBIT "C"