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OR 91500-A-617 Westhaven AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-617 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 PD-255-SF (PLANNED DEVELOPMENT 255-SINGLE FAMILY) TO PD-255R-SF (PLANNED DEVELOPMENT 255-REVISED-SINGLE FAMILY) TO REDUCE THE REAR YARD SETBACK FROM 50 FEET FROM SH 121 R.O.W. TO 45 FEET ON LOTS 1-11, BLOCK J, ON PROPERTY LOCATED SOUTH OF S.H. 121, APPROXIMATELY 2,460 FEET WEST OF MAGNOLIA PARK, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE P.D. AMENDMENT EXHIBIT, ATTACHED HERETO AS EXHIBIT “B” RESPECTIVELY; 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 Application No. PD-225R- 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 heretofore amended, be and the same is hereby amended by granting achange in zoning PD-255-SF (Planned from Development 255-Single Family) to PD-255R-SF (Planned Development 255-Revised-Single Family), to reduce the rear yard setback from 50 feet from SH 121 R.O.W. to 45 feet on Lots 1- 11, Block J, on property located south of S.H. 121, approximately 2,460 feet west of Magnolia TM 29531.2.000 1 , Park and being more particularly described in Exhibit “A”attached hereto and made a part hereof , for all purposes. SECTION 2. This Planned Development-255R-SF shall be developed and used only in accordance with the development regulations, as follows: A.The proposed Planned Development shall comply with the use regulations set forth in Zoning Ordinance Number 95100-A-594, except as amended herein. B.The rear yard setbacks for Lots 1-11, Block J shall be forty-five feet (45ft) from right-of-way of SH 121 and a minimum of 20 feet from the property line. The height of the masonry screening wall shall be eight feet (8ft) and shall be located on top of the berm which has a 4 to 1 slope, as depicted in Exhibit “B”, attached hereto. SECTION 3 . The property shall be developed and used in accordance with the RBN (Residential Urban District) development standards under the Coppell Zoning Ordinance, except as amended in the PD-255-SF and as depicted on the P.D. Amendment Exhibit attached hereto as Exhibit “B”, and made a part hereof for all purposes, which 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 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 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 TM 60114 2 decided to be unconstitutional, illegal or invalid, 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 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 9/11- day of ,2013 APPR ED• / i ,A-L i� / N SELBO H T AE EST: C STEL PET O , CITY SECRETARY APPROVI �O FO' : ROBERT E. HAGE',ITY ATTORNEY TM 60114 3 LEGAL DESCRIPTION BEING a tract of land situated in the Peter Harmonson Survey, Abstract No. 1794 (Dallas County), Abstract No. 604 (Denton County), City of Coppell, Dallas County and Denton County, Texas, and being a portion of Tract II, called 50.789 acres, conveyed to Standard Pacific of Texas, Inc., as evidenced in a Special Warranty Deed, recorded in Instrument No. 201200244645 of the Official Public Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at an aluminum right-of-way monument found for the southwest corner of a called 2.743 acre tract of land, conveyed to the State of Texas as evidenced in an Agreed Judgment, recorded in Instrument No. 97-R0089415 of the Official Records of Denton County, Texas, being at the intersection of the east line of a called 1.47 acre tract of land conveyed to Gia G. Rish McLean, as evidenced in an Affidavit of Heirship of Denton Glenroy Rish, recorded in Volume 96067, Page 5566 of the Deed Records of Dallas County, Texas with the southeast right of way line of State Highway No. 121 and State Highway No. 121 Bypass, variable width right-of-ways, and also being a northwesterly corner of said Tract II; THENCE North 44'23'08" East, along the northwest line of said Tract II, the Southeast line of said 2.743 acre tract, and the southeast right-of-way line of said State Highway No. 121 and State Highway No. 121 Bypass, a distance of 431.44 feet to a point, from which an aluminum right-of-way monument found bears North 44°23'08" East, a distance of 88.79 feet; THENCE, departing said northwest line, said southeast line, and said southeast right-of-way line, over and across said Tract II, the following courses and distances: South 38°21'36" East, a distance of 18.15 feet to the POINT OF BEGINNING; North 44°23'08" East, a distance of 48.40 feet to a point for corner; North 51°38'24" East, a distance of 393.80 feet to a point for corner; North 55°43'59" East, a distance of 117.29 feet to a point for corner; South 34°16'01" East, a distance of 127.00 feet to a point for corner; South 55°43'59" West, a distance of 101.14 feet to the beginning of a tangent curve to the left; Southwesterly, along said tangent curve to the left through a central angle of 04 005'35', a radius of 325.00 feet, a chord bearing of South 53°41'12"West, a chord distance of 23.21 feet, and an arc length of 23.22 feet to a point at the end of said curve; South 51°38'24" West, a distance of 321.75 feet to the beginning of a tangent curve to the left; Southwesterly, along said tangent curve to the left through a central angle of 21°18'51", a radius of 225.00 feet, a chord bearing of South 40°58'59"West, a chord distance of 83.22 feet, and an arc length of 83.70 feet to a point at the end of said curve; South 63°41'35"West, a distance of 16.45 feet to the beginning of a non-tangent curve to the right; Northwesterly, along said non-tangent curve to the right through a central angle of 00°34'37", a radius of 883.00 feet, a chord bearing of North 81°03'12" West, a chord distance of 8.89 feet, and an arc length of 8.89 feet to a point at the end of said curve; North 38°21'36" West, a distance of 126.31 feet to the POINT OF BEGINNING and containing 1.629 acres (70,970 square feet) of land, more or less. EXHIBIT"A" _ y /- 0.1 ,,o E I2 ;; ]; a [�7 ¢ _ 1 : � °d; Hh;v Pa F Y if I it 2 r t I 0101- Y . III 11E_➢ w : § I ! a ttH iIit!l E i e A I I tL a E Ilk L I °y� � Y III i s % .i g " "2 ��:�0,00 . e =ll t lift! Iii f a,° i $ i ! lt! ! it$i U I I 14g4 I➢H! 1.1yy5gis I I I I I I I ; I I; I in li ,. HJ E8 l Y I S : ! I % 5 tia 5a tie q Di I ill i i `4 i `4 1 1 1 I: i ll `i 119. l l. S! 10;1 101 Iiii d_ 4,7 Yn AIL3dObd ',o. ,-- - 7\ (1 , illt • , \,- 7 7 \ \ ., . y s rr1 —' C � \ z 1 1\\. \ s w O 3 w c\ 2 \ \ to 1 I �et b 2 1\a\ �8 )�\ °§li ti,. \ w . bJ 8t,,,, ,.1c . 0#oz.m ' \\9 4 O O W I\ wr '\is c0 A n \ \ : \\\\ r� B \ .\ \-! 'Y \ \ \\ \ Y \ r$ •\ \ 1 1 \`\ I / \\ \ 8 0 10 V I J (Q if \/ \ LL3in / \ $ \i iy% `� ��, v '\ ° o q ry°�a \ A. \\ N • h \ , ■ o�r \ WW _ N �__ / , ' ''1';; , \ ♦\ o� \ Z � x vi '. N \ \\ 3 \ \ \ \ •��..�.r..o��w:l•wix�:.�i�w��pw.w wu+.+�na.r w.ux-x.xv N coact r rro.wup�wu..�pw�•��•u+ro•r r rueu.s+r w n r.w w<r u ww N.w w.rul yY w ti tr wren w ar n iuwrtr r r yr wrr nM+w.Mrr w nn uw.Nt, EXHIBIT"B"