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OR 91-500-A-051 Zoning change to Single Family at south of Sandy Lake Rd, east side of Coppell Rd, & Whispering Hills Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A51 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 "C" (COMMERCIAL) AND "MF-2" (MULTI-FAMILY) TO "SF- 7" (SINGLE FAMILY) ON A 40.12 ACRE TRACT OF LAND LOCATED SOUTH OF SANDY LAKE ROAD ON THE EAST SIDE OF COPPELL ROAD AND EXTENDING EASTWARD BEYOND WHISPERING HILLS ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; 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 Case No. ZC-556 (CH) should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 "C" (Commercial) and "MF-2" (Multi-Family) to "SF-7" (Single Family) on a 40.12 acre tract of land located south of Sandy Lake Road, on the east side of Coppell Road and extending eastward beyond Whispering Hills Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. 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 3. REPEALING CLAUSE That all provisions of the Comprehensive Zoning Ordinance 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 4. SEVERABILITY CLAUSE 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 5. PENALTY CLAUSE 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 2 a separate offense. SECTION 6. SAVINGS CLAUSE An offense committed before the effective date of this ordinance is governed by the 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 7. EFFECTIVE DATE 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 ~A~/ , 1994. /~ APPROVED: ATTEST: CITY SECRETARY ~ ~ F. APPROVED AS TO FORM: I~I~TER O. S~, CITY AT-rORNEY 3 BEING the remainder of a tract of land in the J.W. SURVEY, ABSTRACT NO. 18 as recorded in Volume 81181, Page 0012 of the Deed Records of Dallas County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a railroad spike for comer located in asphalt at the intersection of the centerline of Sandy Lake Road and Coppell Road, said point being also the Northwest corner of the J.W. ANDERSON SURVEY, ABSTRACT NO. 18; THENCE North 89' 45' 00" East with the North of line of said ANDERSON SURVEY and the centerline of Sandy Lake Road, leaving the centerline of said road at a point of curvature, for a total distance of 2556.62 feet to a point for corner; THENCE South 00° 22' 35" West, a distance of 67.54 feet passing a point being the Northwest comer of a tract of land recorded in Volume 82021, Page 1087, continuing a distance of 833.61 feet for a total distance of 900.75 to a point for comer, said point being the Southwest comer of said tract, and being also in the northerly line of WHISPERING HILLS as recorded in Volume 80016, Page 1736, of the Deed Records of Dallas County,Texas; THENCE North 57' 10' 05" West following the northerly line of WHISPERING HILLS, a distance of 773.59feet to an intersection point of the Northwest comer of Lot 1 Block C, WHISPERING HILLS and the East right-of-way of Whispering Hills Drive; THENCE crossing Whispering Hills Drive, North 57' 09'59" West, a distance of 59.58 feet to an intersection point of the West right-of-way of Whispering Hills Drive and the Northeast comer of Lot 1, Block A, WHISPERING HILLS; THENCE following the northerly line of WHISPERING HILLS, North 57 ° 28' 03" West, a distance of 142.51 feet to a point for corner, said point being the Northwest comer of Lot 1, Block A of WHISPERING HILLS; THENCE along the most westerly line of WHISPERING HILLS, South 00° 06' 35" East, a distance of 343.90 feet to a point for corner, being a' common point between the aforementioned WHISPERING HILLS, and the Northeast corner of DEVONSHIRE as recorded in Volume 91029, Page 617 of the Deed Records of Dallas C..ounty, Texas; THENCE following the northerly line of DEVONSHIRE, North 89° 56' 00" West, a distance of 1700.00 feet passing a point being the Northwest comer of said DEVONSHIRE and continuing a distance of 30.00 feet for a total distance of 1730.00 feet to a point for comer being in the centerline of Coppell Road, said point being also in the westerly line of the aforementioned tract of land as recorded in Volume 81181, Page 0012; THENCE following the centerline of Coppell Road and said tract of land, North 00° 06' 35" West, a distance of 703.10 feet to the POINT OF BEGINNING and containing 40.12 acres of land, more or less.