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OR 297-A-29 Rezones property for development by Vistaplex Development AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 297A29 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, 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, the said Governing Body is of the opinion that said change of zoning which is on application of Vistaplex Development, Inc. should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the hereinafter described propertys a new zoning district classification, to-wit: Tract 1: Said property changed to "R" Retail District Classification and being described as follows: BEING a tract of land situated in the Weston Perry Survey, Abstract No. 1152, and the D. Myers Survey, Abstract No, 886, City of Coppell, Dallas County, Texas and being part of six tracts of land conveyed to Richard J. Barr, Jr. by deeds recorded in Volume 4328, Page 604; Volume 4328, Page 594; Volume 4328, Page 596; Volume 4452, Page 281; Volume 4611, Page 179 and Volume 72124, Page 1436, Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at an iron rod set for a corner at a fence post on the north right-of-way llne of Sandy Lake Road at the southeast corner of the hereinabove mentioned Barr tract recorded in Volume 4328, Page 594; THENCE N 89 o 15' 23" W _along the north right-of-way line of Sandy Lake Road and with a fence a distance of 913.80 feet to the POINT OF BEGINNING of the following described tract of land; THENCE N 89 o 15' 23" W along the north right-of-way line of Sandy Lake Road and with a fence a distance of 235.70 feet to an iron rod set at the point of curvature of a circular curve to the right having a central angle of 37 o 16' 26", a radius of 373.19 feet and a tangent of 125.86 feet; THENCE around said curve in a northwesterly direction along the northerly right-of-way line of Sandy Lake Road an arc distance of 242.78 feet to an iron rod set at the point of tangency of said curve; THENCE N 51 o 59' 00" W along the northwest right-of-way line of Sandy Lake Road a distance of 181.56 feet to an iron rod set at a fence post for a corner, said point also being the southwest corner of the hereinab~ve mentioned Bart tract recorded in Volume 72124, Page 1436; THENCE N 29 o 53' 00" E along the southeast line of a tract of land conveyed to Dallas Power & Light Company and the northwest line of said Bart tract and with a fence a distance of 390.08 feet to a point in the center of Denton Creek; THENCE with the meanders of Denton Creek as follows: THENCE N 77° 25' 14" E a distance of 117.56 feet; Th]ENCE S 84° 56' 16" E a distance of 100.78 feet; THENCE S 81° 39' 35" E a distance of 100.60 feet; ~NCE S 69° 30' 41" E a dista~nce of 160.31 feet; ~H~]WCE S 79° 20' 45" E a distance of 89.31 feet; THENCE S 0° 44' 37" W a distance of 353.34 feet; THENCE N 89° 15' 23" W a distance of 137.00 feet; THENCE S 0° 44' 37" W a distance of 128.00 feet; to the POINT OF BEGINNING and containing 321,274 square feet or 7.38 acres of land. Tract 2: Said property changed to "O" Office District Classification and being described as follows: BEING a tract of land situated in the Weston Perry Survey, Abstract No. 1152, and the J. Jackson Survey, Abstract No. 698, City of Coppell, D~llas County, Texas and being part of six tracts of land conveyed to Richard J. Barr, Jr. by deeds recorded in Volume 4328, Page 604; Volume 4328, Page 594; Volume 4328, Page 596; Volume 4452, Page 281; Volume 4611, Page 179 and Volume 72124, Page 1436, Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at an iron rod set for a corner at a fence post on the north right-of-way line of Sandy Lake Road at the southeast corner of the hereinabove mentioned Bart tract recorded in Volume 4328, Page 594; THENCE N 89 o 15' 23" W along the north right-of-way line of Sandy lake Road and with a fence a distance of 913.80 feet; THENCE N 0047'' 37" E a distance of 128.00 feet; THENCE S 89° 15' 23" E a_ distance of 137.00 feet; ~CE N 0 o 44: 37:' E a distance of 353.34 feet to a point in the center of Denton Creek; THENCE with the meanders of Denton Creek as follows: THENCE S 79 o 20' 45" E a distance of 110.83 feet; THENCE S 79 o 03 35" E a distance of 266.29 feet; THENCE N 74 o 54 58" E a distance of 191.14 feet; THENCE N 31° 15 15" E a distance of 169.98 feet; THENCE N 04 o 59 54" W a distance of 109.66 feet; THENCE N 20 o 29 02" W a distance o~ 158.48 feet;. THENCE N 29° 43 53" W a distance o~245.21 feet; THE~NCE S 86 o 00' 00" E a distance of 238.89 feet; THENCE N 72° 23' 22" E a distance of 72.09 feet; THENCE S 0 o 21' 59" E along the east line of the hereinabove mentioned Bart tract reco~ed in Volm~ne ~o~8, Page 604, and Volume 4328, Page 594 and with a fence a distance of 1091.2! feet to the POINT OF BEGINNING and containing 479,164 square feet or 11.00 acres of land. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes pro{ided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, 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 invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the /(,/Y'~'~ day of ~ , 1987. APPROVED: ATTEST: