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OR 91-500-A-297 To PD-190 to allow for development of 19 sf homes on 7.31 acres on South side of Sandy Lake
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-297 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 "R" (RETAIL) TO "PD-190" (PLANNED DEVELOPMENT-SINGLE FAMILY-9) TO ALLOW FOR THE DEVELOPMENT OF NINETEEN (19) SINGLE FAMILY HOMES ON APPROXIMATELY 7.31 ACRES LOCATED ON THE SOUTH SIDE OF SANDY LAKE ROAD, WEST OF THE TRINITY RIVER AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A CONCEPTUAL PLAN, LANDSCAPE PLAN, SCREENING WALL DETAILS, AND TREE PRESERVATION AND 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-190 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 "R" (Retail) to "PD-SF-9" (Planned Development - Single Family-9) to allow for the development of nineteen (19) single-family homes on approximately 7.31 acres of property located on the south side of Sandy Lake Road, west of the Trinity River, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Single-Family-9 zoning district, except as amended herein, and the Conceptual Plan, Landscape Plan, Screening Wall Details and Tree Preservation and Mitigation Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively: A. That the developer submit to the Engineering Department of the City of Coppell an approved updated Federal Emergency Management Administration map indicating that a portion of the property, as depicted in Exhibit "B", has been removed from the flood plain, prior to the filing of the final plat. B. That a decorative metal fence shall be constructed along the property line of lots 8, 9, 10, and 11. SECTION 3. That the Site Plan, Conceptual Plan, Landscape Plan, Tree Survey, and Tree Preservation and Mitigation Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively, attached hereto 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 City of Coppell Planned Development District # 178 Page 1 of 2 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, finn 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 10th day of July ,2001. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY ROBERT E. HAGER,CITY ATTORNEY (REH/cdb 6/29/01) 3 41878 LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE WESTON PERRY SURVEY, ABSTRACT NO. 1152 IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, AND BEING THAT SAM~' TRACT OF LAND CONVEYED TO FLOYD C, FARROW AND EARL K. FARROW, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 76127, PAGE 2568 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, .AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 1/2 INCH IRON ROD FOR THE NORTHWEST CORNER OF SAID FARROW TRACT AND THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO DONALD B. HUFFINES AND PHILL!P W. HUFFINES, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 97071, PAGE 1277 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AND ALSO SAiD 1/2 INCH iRON ROD BEING LOCATED IN THE SOUTH RIGHT OF WAY LINE OF SAND LAKE ROAD W1TH AN EXISTING 60 FOOT R',GHT OF WAY; THENCE South 89 degrees 19 minutes O0 seconds East for o distance of 326.510 feet TO A FOUND CAPPED 1/2 INCH IRON ROD IN THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED FRED LEE HARRINOTON, AS DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 69137, PAGE 1745 OF THE DEED RECORDS OF DALLAS COUN,"Pr', TEXAS; THENCE South 0z degrees 27 minutes 34 seconds Eost for c d;stonce of 409.895 feet TO A FOUND 2 INCH PIPE FOR THE SOUTHWEST CORNER CF SAID HARRINGTON TRACT; ~-iENCE Sout~ 87 degrees 30 minutes 44 seconds Eost for c distonce of !72..338 feet TO A FOUND 1/2 INCH IRON ROD FOR THE SOUTHEAST CORNER 0;' SAID HARRINGTON TRACT, AND IN THE 'wEST TRACT CERTAIN TRACT OF LAND CONVEYED TO THE TR!NITY RIVER THENCE South 11 degrees .38 minutes 09 seconds Eost for ¢ cistcnce of 13.3.476 feet TO A SET CAPPED 1/2 INCH IRON ROD ,H_ TRINITY (STAMPED ~TH R.P.L.S.#2457) IN THE SAID WEST LINE OF ~" RIVER A~. ,,ORtTY; THENCE South 55 degrees 21 minutes 15 seconds E=st for c distance of .315.544 feet TO A FOUND CONCRETE MONUMENT FOR CORNER IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO ENTERPR!SES, AS DESCRIBED BY WARRANTY DEED RECORDED [N VOLUME COUNTY, TEXAS; 87174, PAGE 5449 OF THE DEED RECORDS OF DALLAS '" THENCE South 88 degrees 46 minutes 59 seconds West far o distance of 451.4.39 feet TO A FOUND CAPPED 1/2 iNCH IRON ROD FOR THE NORTHWEST CORNER OF SAID GOLF ENTERPRISES TRACT, AND THE MOST NORTHEASTERLY CORNER OF THE EAGLE POINT VILLAGE AT RIVERCHASE, AN ADDITION TO THE CITY OF COPPELL,DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 95055, PAGE 43 OF T~E M.~P RECORDS OF DALLAS COUNTY, TEXAS; %~:ENCE North 89 degrees 48 minutes ..38 secor~ds West for c distance of !7.3.649 'eet TO A SET CAPPED 1/2 INCH iRON ROD (STAMPED W1TH R.P.L.S.#2457) FOR THE SOUTHEAST CORNER O? ESTATES, AN ADDITION TO THE CITY OF COPPELL, DA,LAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9717-~, PAGE 5345 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS; T~ENCE North 02 degrees 4.3 minutes 49 seconds East for o d;stor'ce of 259.475 feet TO A FOUND PIPE FOR CORNER; THENCE Nort~ !2 degrees 51 minutes 48 seconds West for ~ distance of 572.3!2 feet TO THE POINT OF BEGINNING AND CONTAINING 7.~z2 ACRES OF LAND. E~IBIT , © SANDY LAI' ROAD ~,,, ZONING EXHIBIT (CONCEPT PLAN) ~,,, TRINITY SHORES ADDITION Zoning Disfrlcf PD SF-9 Minimum Lot ~ze e~O0 IF mtj ~~ 7~ ~, No. of Lots 19 ~ ~ ~ ,~,, ~ ~ Areo 7.342 a~es Density 2.6 lots / acre TREES AND SHRUBS SYMBOLS ~ NAMES-- ............... LANDSCAPE PLAN ....... TRINITY SHORES ADDITION O "~;:r,.",~. ~/'~~--.~ '"'" '"' "'"'- SANDY LAKE ROAD ~ "l:::r.,t."~t,l'=~,r~,~'.,-'.-'.-'.-'.~z~ '-" -'-'"' ~" ~ TREE PRESERVATION ~..:-'~' ~-~, TREE MITIGATION PLAN ~1 ~ ~, ~- H~ ~, I~,