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CC approval of ORD-7/11/89 ~/ ~ .. CI~ OF COPP~L ~ V~~ CITY COUNCIL AGENDA REQUEST I. AGENDA DATE REQUESTED: No~e~b~ Z4, 1987 II. RECO~ENDED IT~ CAPTION: Co~d~ a~ of a zom~ c~mge, C~e ~ZC- 5~, locat~ n~h of DeF~st Road, e~t of the ~~ e~on of Mac~ ~ev~. III. RECOMHEI~VDATION OF PLANNING & ZONING COMMISSION: Date of PlanninM and Zonin~ Commission Meeting: October 15, 1987 Decision of Pl~nninE and Zoning Commission: Denial of Commercial ZOnin~[ however, approval of Retail zoning. IV. STAFF REPRESENTATIVE(S) TO ATTEND COUNCIL MEETING: Taryon Bowman, P & Z Coordinator V. RECOMbtMEN~DED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: Yes No X VI. SUPPORT ,MATERIAL: SUBMITTED Yes X No VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL DOCL~IENT, ORDINANCE, RESOLUTION, ETC. VIII. FINANCIAL REVIEW: SOURCE OF FU,NrDING: BLrDGETED ITEM BOND FUNDS NON Bb~DGETED ITEM OPERATING BUDGET ORIGINAL ESTIMATE OR BUDGET $ OTHER: CURRENT ESTIMATE: $ ACCT. N0. AMOb~NT b%rDER OR OVER Bb~DGET $ IX. SUBMITTED BY Pl~nninp. Department X. APPROVAL OF CITY MANAGER'S OFFICE: ~,, HOLD AGNDARQSTFORM MNITS Rev. 4-,-24-89 ITEM CAPTION: To consider an ordinance for Case #ZC-504, to change the zoning designation from (SF-9) Single Family-9, and (SF-O) Single Family-O, to (R) Retail, on property located north of DeForest Road, and east of the proposed extension of MacArthur Boulevard, and author- izing the Mayor to sign .//.~ .~~~ SUBMITTED BY~~' "' STAFF _ T~ry~ wman It.~' ~UATION ~T~: DATE: Date of Planning and Zoning Meeting: ~tober 15, 1987 Decision of Planning and Zoning Co~ission: Denial of Co~ercial zoning; however, approval of Retail zoning. (6-0) Date of City Council Meeting: Nove~er 24, 1987 Decision of City Council: Approved (7-0) Please see attached site plan and City Council minutes, for further details. BUDGET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET: COMMENTS: FINANCIAL REVIEW BY: A E 'DA OEM / 0588D$ ~// AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, 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 /s on application of Parks of Coppell Jo/nt Venture No. CZ-504, should be granted and the Comprehensive Zoning Ordinance of the City of Coppel] should be amended in the exercise of its legislative discretion. NGW, 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 property a new zoning district classification, to-wit: "R" Retail District Classification. Said property being described as follows: BEING a tract of land in the City of Coppell, Texas, and described in Exhibit "A" attached hereto. Said property also shown on the attached plan. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and ali 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 provided 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 cor~tinue 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 PASSF~ by the City Council of the City of Coppell, Texas, this the /~ day of ~ , 1989. APPROVED: - CI~ SEC~KETARY APPJlOVED AS TO F~4~: CZ89-0703 CZ-9~'4 BEING a tract of land situated in the William A. Trimble Survey, Abstract No. 1268 in the City of Coppell, Texas and also being part of a tract of land as described in deed from Good Associates, Inc. to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COb~ENCING at a point that is the northeast corner of Lot 57, Block 7 of Parkwood, Section Two, an addition to the City of Coppell as recorded in Volume 84232, Page 1938 of the Deed Records of Dallas County, Texas, said point also being on the west line of MacArthur Boulevard (a variable width right-of-way); Thence North 1°13'06'' West, 50.04 ft. to the beginning of a curve to the left having a central angle of 23°50'12" and a radius of 945.00 ft.; Thence along said curve 393.15 ft. to the end of said curve; Thence North 1°02'58'' West, 120.30 ft. to the POINT OF BEGINNING, said point also being in a curve to the left running in a northwesterly direction and having a central angle of 0044'35'' a radius of 1000.00 ft. and a tangent bearing of North 31021'52'' Nest; THENCE along said curve 12.97 feet to the end of said curve; THENCE North 32°06'27'' Nest, 130.05 ft. to the beginning of a curve to the right having a central angle of 20°10'14" and a radius of 1390.00 feet; THENCE along said curve 489.34 ft. to the end of said curve; THENCE North 71°21'39'' East, 171.07 ft. to a point for corner; THENCE North 86°01'39'. East, 85.00 ft. to a point for corner; THENCE South 1°02'58" East, 633.16 ft. to the POINT OF BEGINNING and containing 2.144 acres (93,390 square feet) of land. EXHIBIT