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OR 91500-A-604AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -604 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 H (HISTORIC) AND SF -9 (SINGLE FAMILY -9) TO PD- 256 -SF -9 (PLANNED DEVELOPMENT - 256- SINGLE FAMILY -9) TO ALLOW THE EXPANSION OF SINGLE FAMILY AND COMMON AREA USES ON 0.76 ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF WEST BETHEL ROAD, WEST OF HEARTHSTONE LANE (369 & 373 HEARTHSTONE LANE & 408 BETHEL ROAD), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE ZONING EXHIBIT, SITE PLAN AND ELEVATION ATTACHED HERETO AS EXHIBIT `B "; PROVIDING FOR DEVELOPMENT REGULATIONS; 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 fiill 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 256 -SF -9 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 H (Historic) and SF -9 (Single Family -9) to PD- 256 -SF -9 (Planned Development- 256- Single 1 TM 57837 Family -9), to allow the expansion of single family and common area uses on 0.76 acres of property located on the north side of West Bethel Road, west of Hearthstone Lane (369 & 373 Hearthstone Lane & 408 Bethel Road) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD- 256 -SF -9 is hereby approved subject to the following development regulations: A. The property shall be developed in accordance with SF -9 regulations as provided in Section 12 -12 of the Comprehensive Zoning Ordinance, as amended. B. Detail Site Plan approval shall not be required prior to the development and/or redevelopment on Lot 2R, Block 1. C. That Lot 1R, Block 1 and Lot 2R, Block 1 as depicted on site plan Exhibit B, shall be replatted to be included with such planned development. D. The common ownership Lot C-1R, Block 1 shall be amended to include the additional common wall and landscaping in the replat as provided in Section 2.C. SECTION 3. That Zoning Exhibit, Site Plan, Elevation attached hereto as Exhibit "B" and made a part hereof for all purposes, 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. 2 TM 57837 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances 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 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. 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 9. 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. 3 TM 57837 SECTION 10. 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 PAS ED by the City Council of the City of Coppell, Texas, this the 3 day of A-4-1 2012. "' • a M • •' ,. ATTEST: STEL P TTINO , CITY SECRE ARY 4 TM 57837 LEGAL DESCRIPTION WHEREAS the C- NATIVE EXCHANGE III, LP, SCOTT D. & KELLI J. PARK, EDWARD R. & KIMBERLY K. CRA rER, AND HOMEOWNERS' ASSOCIATION OF OLD COPPELL ESTATES, INC. are the owners of a tract of land situated in the James W. Anderson Survey, Abstract No. 18, in the City of Coppell, Dallas County, Texas and being all that certain tract of land to C- Notive Exchange III, LP by deed recorded in Instrument No. 200600313265, Deed Records, Dallas County, Texas, and being all of that certain tract of fond to Scott D. & Kelli J. Park, by deed recorded in Volume 2004247, Page 16094, said Deed Records, and being all that certain tract of land to Edward R. & Kimberly K. Crater, by deed recorded in Instrument No. 20080034070, said Deed Records, and being all that certain tract of land to Homeowners Association of Old Coppell Estates, Inc., by deed recorded in Volume 99213, Page 2884, said Deed Records and being all of Lots 1, 2, and C -1, Block 1, Old Coppell Estates, an addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume 96020, Page 2043, Map Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point from which a 5/8 inch iron rod with "RPLS 1855" cap found bears North 68 deg. 54 ruin. 59 sec. West, 0.75 foot for the Southwest corner of said C- Native Exchange III tract, some beinI in the North right of way line of Bethel Road (a variable width right of way); THENCE North 00 deg. 05 min. 56 sec. West, along the West line of said C- Native Exchange III tract, passing at a distance of 9.70 feet a 1/2 inch iron rod with "Piburn Partners" cap found for the Southeast corner of Lot 1R2, Block 1, Vaughan Addition, an addition to the City of Coppell, Dallas County, Texas according to the plat thereof recorded in Instrument No. 201100211431, Mop Records, Dollos County, Texas, and continuing along the common line of said C- Native Exchange III tract, and said Lot 1R2, a total distance of 164.00 feet to a 1/2" iron rod found from which a 5/8 inch iron rod with "RPLS 1855" cap found bears North 37 deg. 11 min. 55 sec. West, 0.37 foot, said corner being the Northwest corner of said C- Native Exchange III tract, some being the Northeast corner of said Lot IR2, same being in the South line of Lot 4R2, Block 1, Old Coppell Estates Addition, an addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Instrument No. 201100211432, said Mop Records; THENCE South 89 deg. 47 min. 13 sec. East, along the common line of said C- Native Exchange III tract, and said Lot 4R2, passing the most southerly Southeast corner of said Lot 4R2, same being the most westerly Southwest corner of Lot 3R, Block 1, Old Coppell Estates Addition, an addition to the City of Coppell, Dallas County, Texas according to the plot thereof recorded in Instrument No. 200900040806, said. Map Records, and continuing along the common line of said C- Native Exchange III tract, and said Lot 3R, a total distance of 81.86 feet to a 1/2 inch iron rod found for the Northeast corner of said C- Native Exchange III tract, some being an internal corner of said Lot 3R; THENCE South 00 deg. 49 min. 02 sec. West, along the common line of said C- Notive Exchange III tract and said Lot 3R, a distance of 6.00 feet to a 1/2 inch iron rod found for the most southerly Southwest corner of said Lot 3R, same being the Northwest corner of aforesaid Lot 2; THENCE South 89 deg. 10 min. 58 sec. East along the common line of said Lot 2, and said Lot 3R, a distance of 120.00 feet to a 1/2 inch iron rod found for the Northeast corner of said Lot 2, some being the Southeast corner of said Lot 3, some being in the West right of way line of Hearthstone Lane (a 50 foot right of way); THENCE South 00 deg. 49 min. 02 sec. West, along the common East lines of said Lot 2, and aforesaid Lots 1 and C -1, and the West right of way line of said Hearthstone Lane, a distance of 164.00 feet to a 1/2 inch iron rod set for the Southeast corner of said Lot C -1, some being the Northwest intersection of the West right of way line of said Hearthstone Lane with the North right of way line of aforesaid Bethel Rood; THENCE North 89 deg. 40 min. 00 sec. West, along the common line of said Lot C -1 and the North right of way line of said Bethel Road, a distance of 120.00 feet to a 5/8 inch iron rod with "SMLS 4242" cap found for the Southwest corner of said Lot C -1, some being on angle point in the North right of way line of said Bethel Road; THENCE North 00 deg. 49 min. 02 sec. East, continuing along the common line of said Lot C -1 and said Bethel Road, a distance of 7.01 feet to on X cut set for the Southeast corner of aforesaid C- Notive Exchange III tract; THENCE North 89 deg. 47 min. 30 sec. West, along the common line of said C- Native Exchange III tract, and the North right of way line of said Bethel Road, a distance of 79.23 feet to the POINT OF BEGINNING and containing 32,948 square feet or 0.756 acre of computed land more or less. EXHIBIT "A" s w'l +o ®m aAweH2E \) �| z' ;\ •| .q o ]� o wI 9 P] ]\ . . . / � q gAma 2ApvAaw®a EXHIBIT ~B NO | ! .!| / 22� U H! G| {�|