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OR 91-500-A-266 McMillan Estates SF-9 established in the Old Coppell Estates subdivisionAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-266 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 -176R (PLANNED DEVELOPMENT 176R) TO PD -176R2 (PLANNED DEVELOPMENT 176R2) FOR APPROXIMATELY 1.04 ACRES AND TO ESTABLISH SF -9 (SINGLE FAMILY -9) ZONING ON APPROXIMATELY 0.46 ACRES OF LAND LOCATED ALONG THE NORTH SIDE OF BETHEL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ZONING EXHIBIT, LANDSCAPE PLAN, AND TREE MITIGATION 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 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 -176R2 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 PD -176R (Planned Development 176R) PD -176R2 to (Planned Development 176R2) for approximately 1.04 acres and to establish SF -9 (Single Family -9) zoning on approximately 0.46 acres of land located along the north side of 1 Bethel Road, and being more particularly described in Exhibit "A," attached hereto and made a part hereof for all purposes. SECTION 2. That PD -176R2, being the approximate 1.04 acres, is hereby approved subject to the following special conditions: (A) On Lot 1, no garage door(s) shall face Bethel Road. (B) All garages entries shall be swing -entry and screened from adjacent residential property to the west. (C) All rear fences on the west side shall be decorative metal. (D) All driveways shall be 14' in width. (E) Acknowledgement on the plat that no structures can be built within the 100 -year floodplain, including swimming pools and fences. (F) Show acreage of the zoning change on all exhibits. (G) Botanical names must be shown on landscape plan. (H) All plant material must meet Plant Palette under applicable city ordinances. (I) A tree removal permit is for any tree which will be removed. (J) A Park Dedication Fee of $1,285 per dwelling unit shall be paid. (K) Correct zoning immediately to the east as "C," not "R." (L) The following language shall be added to the site plan and face of the plat: "The City of Coppell will have no responsibility for maintenance of the floodway/floodplain areas as shown hereon; however, the City does have the authority to regulate activity in the floodway/floodplain as per the City's Floodplain Ordinance. The maintenance of these areas shall be the sole responsibility of the individual lot owner(s) adjacent to said areas. These areas are to remain free of improvements that may obstruct the flow of storm water and protected from potential erosion by the owners. No fences will be allowed in the floodplain, along with any other structures as per the City's Floodplain Ordinance." 2 SECTION 3. That the Site Plan, Zoning Exhibit, Landscape Plan, and Tree Mitigation Plan, shall be special conditions to the zoning granted herein, which are 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 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. 3 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 � day of 2000. ATTEST: (:�'o6 LIB Y B , CITY SECRETARY ROBERT E. HAGER, CITY ATTORNEY (REH/jld/cdb 7/27/00) 4 34955 STATE OF TEXAS COUNTY OF DALLAS WHEREAS THE HOLMES BUILDERS, INC., TODD WILCOX, AND ___ ___ ARE THE OWNERS OF 1.974 ACRES OF LAND SITUATED IN THE J.W. ANDERSON SURVEY, ABSTRACT NO. 18, CITY OF COPPELL, DALLAS COUNTY, TEXAS; SAID 1,9742 ACRES OF LAND CONSISTING OF 1.490 ACRES CONVEYED TO THE HOLMES BUILDERS, INC., ACCORDING TO THE DEED RECORDED IN VOLUME , PAGE DEED RECORDS, DALLAS COUNTY, TEXAS; AND WHEREAS TODD WILCOX IS THE OWNER OF LOT 16, BLOCK 1, OLD COPPELL ESTATES, AN ADDITION TO THE CITY OF COPPELL AS RECORDED IN VOLUME 96020, PAGE 2443, MAP RECORDS, DALLAS COUNTY, TEXAS, AS CONVEYED IN VOLUME ------------ PAGE DEED RECORDS, DALLAS COUNTY, TEXAS, AND ALSO WHEREAS ____________________THE OWNER OF LOT 15, BLOCK 1 OF SAID OLD COPPELL ESTATES AS CONVEYED IN VOLUME PAGE DEED RECORDS, DALLAS COUNTY, TEXAS,SAID 1.974 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND IN THE EAST LINE OF LOT 15, BLOCK 1, OF THE AFOREMENTIONED OLD COPPELL ESTATES; SAID IRON ROD ALSO BEING THE MOST WESTERLY SOUTHEAST CORNER OF LOT 41, BLOCK 1, BIG CEDAR ADDITION, AN ADDITION TO SAID CITY AS RECORDED IN VOLUME 92125, PAGE 3455, MAP RECORDS, DALLAS COUNTY, TEXAS; THENCE S 85'37'24" E, 104.58 FEET ALONG THE SOUTH LINE OF SAID LOT 41 TO A 1/2 INCH IRON ROD SET WITH PLASTIC CAP STAMPED "LANDES & ASSOC." (HEREINAFTER, ALL 1/2 INCH IRON RODS SET ARE SO MARKED) AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 41; THENCE S 15'24'35" E, 99.47 FEET ALONG THE WESTERLY LINE OF LOT 10, BLOCK 1 OF SAID BIG CEDAR ADDITION TO A 5/8 INCH IRON ROD FOUND; THENCE S 53'47'38" E, PASSING THE COMMON WESTERN CORNERS OF SAID LOT 10 AND LOT 9 OF SAID ADDITION AND CONTINUING IN ALL 57.25 FEET TO A 1/2 INCH IRON ROD SET AT THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO WENDY WEBSTER AS RECORDED IN VOLUME 93044, PAGE 3851, DEED RECORDS, DALLAS COUNTY, TEXAS; THENCE S 01'00'47" W, ALONG THE WEST LINE OF SAID WEBSTER TRACT AND AT 218.37 FEET PASSING A 1/2 INCH IRON ROD SET IN THE EXISTING NORTH R.O.W. LINE OF BETHEL ROAD AND CONTINUING IN ALL 241.07 FEET TO THE SOUTHEAST CORNER OF THIS TRACT IN THE CENTERLINE OF SAID BETHEL ROAD; THENCE S 89'42'38" W, 203.24 FEET ALONG SAID CENTERLINE OF SAID BETHEL ROAD AND ALONG THE SOUTH LINE OF SAID 1.490 ACRE TRACT TO THE SOUTHWEST CORNER OF SAID 1.490 ACRE TRACT; THENCE N 04'36'23" E, AT 22.77 FEET PASSING A 1/2 INCH IRON ROD SET IP THE EXISTING NORTH ROW LINE OF BETHEL ROAD AND PASSING THE SOUTHEAST CORNI R OF LOT 19, BLOCK 1, OF SAID OLD COPPELL ESTATES AND ALONG A WEST LINE OF SAID 1.490 ACRE TRACT AND CONTINUING ALONG THE WEST LINE OF SAID BLOCK 1 III ALL 264.77 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF LCT 16, BLOCK 1 OF SAID OLD COPPELL ESTATES, SAID IRON ALSO BEING THE NORT EAST CORNER OF LOT 17, BLOCK 1 OF SAID OLD COPPELL ESTATES; THENCE N 85'23'37" W, WITH THE COMMON LINE OF SAID LOT 16 AND OF SAI LOT 17, 120.00 FEET TO A 1/2 INCH IRON ROD SET FOR THE COMMON WESTERLY CRNER OF THE AFOREMENTIONED LOTS, SAID IRON ALSO BEING IN THE EAST R.O.W. LI E OF HEARTHSTONE LANE; THENCE N 04'36'23" E, WITH SAID EAST R.O.W. LINE 73.04 FEET TO A 1/2 INCH IRON ROD SET FOR CORNER, SAID IRON BEING AT THE BEGINNING OF A CURVE T THE RIGHT WITH A RADIUS OF 50.00 FEET WHOSE LONG CHORD BEARS, N 04'23 E, 60.31 FEET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 74' '1'23", AT 8.23 FEET PASS A 1/2 INCH IRON ROD SET FOR THE COMMON WESTERLY COR R OF SAID LOT 16 AND LOT 15 OF SAID OLD COPPELL ESTATES, AND CONTINUING OR A TOTAL DISTANCE OF 64.74 FEET TO A 1/2 INCH IRON ROD SET FOR THE NORT WEST CORNER OF SAID LOT 15, SAID IRON ALSO BEING THE MOST SOUTHERLY SOUT EAST CORNER OF LOT 14, BLOCK 1 OF SAID OLD COPPELL ESTATES. THENCE N 57'17'23" E, ALONG THE COMMON LINE OF SAID LOT 15 AND SAID 4T 14, 151.18 FEET TO A 1/2 INCH IRON ROD SET FOR THE NORTH CORNER OF SAIDT 15, SAID IRON ALSO BEING THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 1 , AND ALSO BEING IN THE WEST LINE OF SAID LOT 41; THENCE S 04°36'23" W, WITH THE COMMON LINE OF SAID LOT 15 AND SAID L T 41, 264.77 FEET TO THE POINT OF BEGINNING AND CONTAINING 85,996 SQUARE FE T OR 1.974 ACRES OF LAND OF WHICH 0.106 ACRES OF LAND LIES WITHIN THE R.O. OF BETHEL ROAD. EXHIBIT "A" -------------------- --------------- ---------- u 7 BE mMEL 589'42'38"W 20_. 4' ROAD —_ _ _-T---- - N _ y 5 BLDG LIN, c 4170 F�T-I <�4e` J X0=90 - =— 4 ,i< 0 �RRg�f �8N8� o `9 oz r 1 I 'G v 9 j r h a 1 2 _- ca J 1i1 i g I D �o N I _ 2 X0=90 - =— 4 ,i< 0 �RRg�f �8N8� „g„ ZIgIHxq oz r I 'G v 9 j r h a 1 2 _- ca J 1i1 i g m D �o O _ 2 Tp - R � a '00 r 8' BLDG LINE 4, R, Z � •� Z• SN e' BLDG LINE Z II _ 4 _$LOG LINE f N A �x h o n" A(D W -` ooa� ;moo =w AOm „g„ ZIgIHxq oz 'G v No 0 h � y `I 2 _- ca J 1i1 i „g„ ZIgIHxq oz ca J 1i1 i g 2 Tp - „g„ ZIgIHxq N O z \ w N � n x I I n � ZII o n n n � •s 2 oa oo o wso�w m \ A HEARTHSTONE LANE oco coprecL "TATes N04'36'23"[ Y06. 960 0, p0. 2443 73,04 ZONING sF- m w i l o' N s 2.77 264.77 o �' �8,L. J � X242.00' B' 8.L, tiA j t SO4'36'23 W 0 I h y � O i y 2 na O O m � > r O 1 � 216.37 6. S01'00'47'W 241.07 0 j Nib o c5 m h O y u me z g� �a A Hb V 22.70 t Y ✓, � _ aaqq W � r p Y S s � d R R I h y � O i y 2 na O O m � > r O 1 � 216.37 6. 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