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OR 91500-A-608AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -608 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 C (COMMERCIAL) TO PD- 258 -SF (PLANNED DEVELOPMENT - 258- SINGLE FAMILY), TO PERMIT THE DEVELOPMENT OF SEVEN (7) SINGLE - FAMILY LOTS AND THREE (3) COMMON AREA LOTS ON 3.87 ACRES OF LAND LOCATED NORTH OF SOUTHWESTERN BOULEVARD, APPROXIMATELY 1,060 FEET WEST OF HOWELL STREET AND FURTHER AMENDING THE LAND USE MAP OF THE COPPELL 2030 COMPREHENSIVE MASTER PLAN FROM "INDUSTRIAL SPECIAL DISTRICT" TO "RESIDENTIAL NEIGHBORHOOD ", AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, TREE SURVEY AND LANSDCAPE PLAN ATTACHED HERETO AS EXHIBITS `B ", "C" AND "D" PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIL,ITY 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 frill 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- 258 -SF 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 1 TM58450 heretofore amended, be and the same is hereby amended by granting a change in zoning from C (Commercial) to PD- 258 -SF (Planned Development- 258- Single Family) to permit the development of seven (7) single - family lots and three (3) common area lots on 3.87 acres of land located north of Southwestern Boulevard, approximately 1,060 feet west of Howell Street and fiirther amending the Land Use Map of the Coppell 2030 Comprehensive Master Plan from "Industrial Special District' to "Residential Neighborhood for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That PD- 258 -SF (Planned Development -258- Single Family) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "SF -7" district, as provided in the Coppell Code of Ordinances. ii. Home occupation, as defined in the Coppell Code of Ordinances. B. Maximum height regulations - The maximum height regulations will be 35 feet nor more than two and one -half stories high, whichever is less. C. Area regulations, exclusive of the common area (X) lots: 1. Minimum size of yards of each lot as depicted on the Detail Site Plan, Exhibit "B" of this Ordinance, which are as follows: i. Front yard setbacks shall be a minimum of 25 feet. ii. Side yard setbacks shall be a minimum of 8 feet, and a minimum of 15 feet adjacent to a street (Lots 2 and 5). 2 TM58450 iii. Rear yard setbacks shall be a minimum of 20 feet. 2. Lot areas shall be as shown on the Detail Site Plan, Exhibit "B" of this Ordinance. i. Lot width shall be a minimum of 60 feet. ii. Lot depth shall be a minimum of 103 feet, except Lot 1 shall have a minimum lot depth of 80 feet. 3. No buildings or strictures shall be permitted on common lots, as depicted on the detailed Site Plan. D. Minimum dwelling size: 2,225 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: no more than 45 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. F. Lots 4 and 7 shall be equipped with an automatic sprinkler system. G. Type of exterior constriction. 1. At least 80 percent of the exterior walls of the first floor of all strictures shall be of masonry constriction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall stricture shall be at least 80 percent masonry exclusive of doors, windows and the area above H. A six foot tall decorative metal fence with gate shall be constricted along the creek adjacent to the western side of the fire line (Mango Court) and common area/2X, as depicted on the Detailed Site Plan. 3 TM58450 L Fire Lane Mutual Access Easement (Mango Court) shall be configured in a hammerhead design in lieu of dedicated, cul -de -sac street, and may exceed 600 feet in length. Curbs shall be as follows: 1. From Southwestern Blvd. north 270' standard curbs shall be required. 2. Mountable curbs shall be permitted along the remainder of the Mango Court. J. On- street parking shall be prohibited along the Fire Lane Mutual Access Easement (Mango Court), except the portion of Lot IX which is a designated parking area. K. All street paving (Fire Lane Mutual Access Easement -Mango Court), parking areas, fence, sidewalk and common areas are private improvements and shall be the maintenance responsibility of the Homeowner's Association. L. Alleys shall not be required within this development. M. Tree removal permit shall be required prior to any on -site grading. N. Park Development Fees in the amount of $1,285 per lot shall be assessed and paid prior to the filing of the Final Plat. SECTION 3. That the property shall be developed and used in accordance with the SF -7 (Single Family -7) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Detail Site Plan, Tree Survey, and Landscape Plan attached hereto as Exhibits "B ", "C" and "D "; and made a part hereof for all purposes, are hereby approved. 4 TM58450 SECTION 4. That the 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 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 5 TM58450 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 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 PASSED by the City Council of the City of Coppell, Texas, this the day of w r� �► .r, 2012. r ,/� .; %rte ✓r / �. ��, . •; . �� 1101 . .... L ATTEST: MAYOR TEL PETTINOS, CITY SECREVARY 6 TM58450 LEGAL DESCRIPTION BEING all of that certain 168,652 square foot lot, tract, or parcel of land lying and being situated in the City of Coppell, and the County of Dallas, Texas, in the J. A. Simmons Survey, Abstract Number 1296, Dallas County, Texas, and being all of those certain lots, tracts or parcels of land described as Tract I, Tract II and Tract III, in a Warranty Deed with Minerals Reservation to VIJAYA K. BORRA and RAMANA JUVVADI, recorded under Dallas County Clerk's Instrument Number 201200131254, of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rebar with a yellow plastic cap found for the northeasterly corner of the aforesaid Tract I, same being the northwesterly corner of Lot 1, Block A, of Pinkerton Elementary School Addition, an addition to the City of Coppell, Dallas County, Texas, recorded in Volume 91211, at Page 1011, of the Deed Records of Dallas County, Texas, said 1/2" iron rebar also being in the southwesterly line of the St. Louis & Southwestern Railroad, a 100 feet wide right -of -way; THENCE departing said common corner and continuing with the easterly line of Tract I, and the westerly line of Lot 1, Block A, of said Pinkerton School Addition, South 000 20'07" East, a distance of 370.19 feet (Deed = South 00° 20'07" East, 370.11 feet) to a 1/2" iron rebar with a plastic yellow cap found for corner, same being the northeasterly corner of that certain called 0.108 acre tract of land conveyed to Coppell Independent School District, recorded in Volume 95033, at Page 279, of the Deed Records of Dallas County, Texas; THENCE departing the easterly line of Tract I, and the westerly line of Lot 1, Block A, and continuing with the common southerly line of Tract I with the northerly line of Coppell Independent School District's 0.108 acre tract of land, South 89° 58'48" West, a distance of 188.57 feet (Deed = North 89° 59'07" West, 188.50 feet) to a 1/2" iron rebar with a yellow plastic cap found for the northwesterly corner of said Coppell Independent School District's 0.108 acre tract of land, from which point the northeasterly corner of said Tract 11 bears, North 000 18' 06" West, a distance of 127.50 feet (Deed = North 00° 20'07 West, 127.45 feet); THENCE continuing with the easterly line of Tract II and the westerly line of Coppell Independent School District's 0.108 acre tract of land, South 00° 26'06" East, passing at a distance of 25.14 feet (Deed = South 00° 20'07" East, 25.00 feet) a 1/2" iron rebar with a plastic yellow cap found for corner, said iron rebar being also the common northeasterly corner of said Tract III, with the southwesterly corner of Coppell Independent School District's 0.108 acre tract of land, said 1/2" iron rebar being in the westerly line of that certain called 1.00 acre lot, tract or parcel of land conveyed to Coppell Independent School District, recorded in Volume 95033, at Page 279, of the Deed Records of Dallas County, Texas, and continuing in all a total distance of 234.05 feet (Deed = 234.00 feet) to a 1/2" iron rebar with a plastic yellow cap found for the common southeasterly corner of said Tract III, with the southwesterly corner of Coppell Independent School District's 1.00 acre tract of land, said 1/2" iron rebar being in the northerly line of Southwestern Boulevard, a variable width public right -of -way at this point; THENCE departing the common southeasterly corner of Tract III with the southwesterly corner of Coppell Independent School District's 1.00 acre tract of land, continuing with the northerly line of Southwestern Boulevard, and the southerly line of Tract III, South 89° 51' 33" West, a distance of 20.06 feet (Deed = North 89° 59' 07" West, 20.00 feet) to a 1/2" iron rebar with a yellow plastic cap found for the common southwesterly corner of Tract III with the southeasterly corner of that certain called 0.11 acre tract of land described in a Warranty Deed with Vendor's Lien to Daniel C. Soto recorded in Volume 94002, at Page 2212, of the Deed Records of Dallas County, Texas; EXHIBIT "A" Page 1 of 2 THENCE departing the southerly line of Southwestern Boulevard, continuing with the common westerly line of Tract III with the easterly line of Daniel C. Soto's 0.11 acre and 0.14 acre tracts of land, North 00° 23' 15" West, a distance of 184.70 feet (Deed = North 00° 20' 07" West, 184.60 feet) to a 1/2" iron rebar with a yellow plastic cap found in the common westerly line of Tract III with the northeasterly corner of Daniel C. Soto's 0.14 acre tract of land, said 1/2" iron rebar being also in the southerly line of Tract II, from which point a 1/2" iron rebar with a yellow cap found for the northwesterly corner of Tract III bears, North 00° 13'27" West, a distance of 24.38 feet (Deed = North 00° 20'07" West, 24.40 feet); THENCE continuing with the common southerly line of Tract II, and the northerly line of Daniel C. Soto's 0.14 acre tract of land, North 89° 02' 24" West, a distance of 99.31 feet (Deed = North 89° 0P 04" West, 99.20 feet) to a 1/2" iron rebar with a yellow cap found for the southwesterly corner of Tract II, same being in the easterly line of Daniel C. Soto's 0.45 acre tract of land; THENCE departing the southwesterly corner of Tract II continuing with the easterly line of Daniel C. Soto's 0.45 acre tract of land, North 00° 15'21" West, a distance of 153.45 feet (Deed = North 00° 20'07" West, 153.43 feet) to a 1/2" iron rebar with a yellow cap found for the northwesterly corner of Tract II, from which point the northeasterly corner of said Tract II bears, North 79° 37'47" East, a distance of 121.07 feet (Deed = North 79° 39'53" East, 121.01 feet) said 1/2" iron rebar being also in the southwesterly line of Tract I; THENCE departing the northwesterly corner of Tract II, continuing with the northerly line of Daniel C. Soto's 0.45 and 0.42 acre tracts of land, South 79° 39'03" West, a distance of 199.39 feet (Deed = South 79° 39'53" West, 320.18 feet) to a 1/2" iron rebar with a yellow cap found for the southwesterly corner of Tract I, same being the northwesterly corner of Daniel C. Soto's 0.45 acre tract of land, said 1/2" iron rebar being also in the easterly line of Daniel C. Soto's 1.321 acre tract of land described in a General Warranty Deed to Daniel C. Soto recorded in Volume 2003106, at Page 25422, of the Deed Records of Dallas County, Texas; THENCE departing the southwesterly corner of Tract I continuing with the common westerly line of Tract I, with the easterly line of Daniel C. Soto's 1.321 acre tract of land, North 00° 03' 59" West, a distance of 260.44 feet (Deed = North 00° 35' 35" West, 260.44 feet) to a 1/2" iron rebar with a yellow cap found for the northwesterly corner of Tract I, same being the northeasterly corner of Daniel C. Soto's 1.321 acre tract of land, said 1/2" iron rebar being also in the southwesterly line of the said St. Louis & Southwestern Railroad; THENCE continuing with the common northerly line of Tract I, with the southwesterly line of the St. Louis & Southwestern Railroad, North 85° 27' 32" East, a distance of 504.20 feet (Deed = North 85° 29' 38" East, 504.20 feet) to the PLACE OF BEGINNING containing 168,652.26 square feet or 3.872 acres of land. 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