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OR 91-500-A-240 Changes zoning to "PH-TH-2" (Planned Development, Townhouse-2) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A240 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 "MF-2" (MULTI-FAMILY-2) TO "PD-TH-2" (PLANNED DEVELOPMENT, TOWNHOUSE-2) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A SITE PLAN, ELEVATION PLAN, LANDSCAPING PLAN AND IRRIGATION PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", 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 heating 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-182 shotrid 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 "MF-2" (Multi-Family-2) to "PD-TH-2" (Planned Development, Townhouse-2) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 30964 SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the site plan, elevation plan, landscape plan, and irrigation plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively: A. Payment of the $1,285 per dwelling unit park land dedication fee. B. All portions of the building are to be within 150 feet of a fire lane. C. All townhouses shall be equipped with an automatic fire sprinkler system. D. All fire lanes, fire hydrants, and waterlines shall be meet the approval of the Coppell Fire Department. E. Submission of tree reparation plan and approval by the Leisure Services Department. SECTION 3. That the Site Plan, Elevation Plan, Landscape Plan, and Irrigation Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively, 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. 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 2 30964 so 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 PASSEl) by the City Council of the City of Coppell, Texas, this the 8th day of February 2000. APPROVED CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY 3 30964 FIELD NOTES 10.0000 Acre Tract Being oil of that certain tract or parcel of land situated in the S.A. & M.G.R.R. Survey, Abstract No. 1442, in the City of Coppell, Ool los County, Texas, said tract conveyed by deed to Sandy/Mac Partners, Ltd. and recorded in Volume 93071, Page 165 of the Deed Records of Dallas County, Texas, (D.R.D.C.T.), and said tract being more particularly described as follows: BEGINNING at a point in the common llne between the S.A. & M.G.R.R. Survey, Abstract No. 1442 and the David Myers Survey, Abstract No. 885, said point also being the southeast corner of Lot 1 of Wellington Place Addition an addition to the City of Coppall recorded in Volume 86155, Page 5582, D.R.D.C.T., said point also being S 00'07'27= W along said cartman survey line o distance of 651.54 feet from o point of reference at the southeast Corner of that tract of land described In deed to the Coppall Municipal Utility District No. 1, recorded in Volume 75222, Page 1202, D.R.D.C.T.; THENCE S 00'07'27' W along sold conman survey line a distance of 598.10 feet to o point for corner at the northeast corner of that tract of land described in deed to Corralton-Formers Branch Independent School District, recorded in Volume 89075, Page 0274, D.R.D.C.T.; THENCE N 89'52'33" W along the north line of said school district property o distance of 729.85 feet to a point for corner in the east right-of-way line of MacArthur Boulevard (100 foot right-of way), said point being on o curve to the left; THENCE along the east line of MacArthur Boulevard and along said curve to the left whose chord bears N 0~,'28'22' W, 600.03 feet and having o central angle of 28'57'23', o rodlus of 1200.00 feet o tangent length of 309.86 and an arc distance of 606.46 feet to a point for corner at the end of said curve to the left, said point being the southwest corner of sold Lot 1 of Wel llngton Piece Addition; THENCE S 89'52'33' E leaving said east line of MacArthur Boulevard along the south line of said Lot 1 o distance of 777.92 feet to the POINT OF BEGINNING and containing 435,599 square feet or 10.0000 acres of land more or less. 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