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OR 91500-A-757 Deforest Road Fence Section RemovalAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-757 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 -140 -SF TO PD -140R -SF (PLANNED DEVELOPMENT -140 REVISED -SINGLE FAMILY) TO ALLOW THE REMOVAL OF APPROXIMATELY 490' OF WOODEN FENCING ON THE SOUTH SIDE OF DEFOREST ROAD AND NORTH SIDE OF THE ALLEY ON 40.98 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF DEFOREST ROAD BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF A FENCE REMOVAL LIMITS EXHIBIT ATTACHED HERETO AS EXHIBIT `B"; PROVIDING DEVELOPMENT REGULATIONS; 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 theCity 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 -140R -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 to grant a change in zoning from PD -140 -SF to PD -140R -SF Planned Development -140 Revised -Single Family) to amend the screening requirements adjacent to Deforest Road on the south side of Deforest Road and north side of the alley on 40.98 acres of land located on the south of Deforest Road east of Allen Road and being more particularly described in 1 TM 117933 Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That PD -140R -SF is hereby subject to the following development regulations: A. Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-99 that is incorporated herein as set forth in full and hereby republished. B. All screening required, consisting of wood fencing and vegetation, shall be removed beginning at 140 feet east of Lake Forest Drive and extending eastward for 490 feet, 465 feet west of Allen Road; the remainder of the wood fence and Photinia screening on Deforest Road shall remain in accordance with the original subdivision approval, zoning, Planned Development regulations approved for PD 140 -SF and subsequent approvals, except as amended herein. C. The Villages of Coppell HOA/Lakes of Coppell HOA shall maintain such area listed under Section 2(B) hereof in accordance with the Code of Ordinances and this Ordinance. SECTION 3. That the Fence Removal Limits Exhibit attached hereto as Exhibits "B", is made a part hereof for all purposes, and hereby approved as a development regulation of the Development within the Planned Development and revision authorized herein. 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. 2 TM 117933 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 ($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 13'h day of October 2020. 3 TM 117933 APPROVED Ay9lM FORM: A"WWIV ROBERT E. HAGER, C Y ATTORNEY ATTEST: lM, A U IMMIYAMY' 1 r: -cif .. a TM 117933 EXHIBIT "A" radius of 415.00 feet, and a chord bearing of South 7411 40' 59" West, an arc distance of 227.10 feet to a %2 -inch iron rod set for corner at the end of said curve; THENCE, North 890 38' 25" West a distance of 450.00 feet to a %2 -inch iron rod set for corner; THENCE, South 810 26' 49" West a distance of 87.05 feet to a %2 -inch iron rod found at the Northeast corner of the Villages of Coppell Phase I, an addition to the City of Coppell as recorded in Volume 86118, Page 1828, of the Map Records of Dallas County, Texas; THENCE, along the Northerly line of the said Villages of Coppell Phase I, the following: North 61 ° 55' 13" West a distance of 82.04 feet to a Y2 -inch iron rod with cap stamped NDM found for corner; South 820 52' 32" West a distance of 78.49 feet to a %2 -inch iron rod found for corner; South 780 37' 40" West a distance of 194.81 feet to a %2 -inch iron rod found for corner; North 64° 44' 35" West a distance of 63.86 feet to a %2 -inch iron rod with cap stamped NDM found for corner; North 781 34' 45" West a distance of 135.71 feet to an "x" cut in concrete in the Easterly line of the previously mentioned Raintree Village Addition and at the beginning of a curve to the left; THENCE, along the said Raintree Village Addition Easterly line and around said curve to the left, said curve having a central angle of 111 09' 20", a radius of 962.51 feet, and a chord bearing of North 050 50' 35" East, an arc distance of 187.40 feet to a PK nail in concrete found for corner at the end of said curve; THENCE, continuing along the said Raintree Village Addition Easterly line, North 000 15' 55" East a distance of 427.20 feet to the POINT OF BEGINNING; and containing 40.9814 acres of land.