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CC approval of SF-7 4/12/94 AGENDA REQUEST FORM Tha Ckt3, ~ ~ ~til~ F~ CXTY COUNCXL HEE~XNG: April 12, 1994 ITEM CAPTION: Consideration and approval of an ordinance for Case ~ZC-560(CH) to change the zoning from MF-2 to any appropriate zoning district classification, including, but not limited to, CF-7, CF-9, SF-12, aF- l8, CF-ED, MF-1 and/or O, on an approximate 7 acre tract of land located at the northwest corner of Hearts and Bethel School Roads; more particularly described in the Dallas County Records as Abstract #301, tract 31 and part of tract 30, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Dir. of Planning & Community Services INITIALS/~..~. STAFF COMMENTS: Please refer to Case #ZC-560 (CH) staff report for more information. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: ./' .~... - .... . ~,', ~ '~/.,' · ... CITY MANAGER REVIEW: -'?~. Agenda Request Form - Revised 1/94 Pm 'gokL-n,-~' paper in printer ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 'MF-2' (MULTI-FAMILY) TO 'SF-7' (SINGI.I~- FAMILY) ON A 7.2300 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF HEARTZ AND BETHEL SCHOOL ROADS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILrI~ 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 Zonin~ 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 governin8 body is of the opinion that Zoning Case No. ZC-560 (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 CITI/' 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 'MF-2' (Multi-Family) to "SF-'F (Single Family) on a 7.2300 acre tract of land located at the northwest comer of Heartz and Bethel School Roads and being more particularly described in Exhibit 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. REPEAl.lNG 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 val/dity of this ordinance as a whole, or any part or provision thereof other than the part so derided 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 a separate offense. 2 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 jo_ day of ~4~ ,1994. APPROVED: A'rl'~;Sr: APPROVED AS TO FORM: 3 EXHIBIT "A" Being a tract of land situated in the Edward A. Crow Survey, Abstract No. 301 in the City of Coppell, Dallas County, Texas, and said tract being part of a 16.00 acre tract of land conveyed to William T. Troth by Deed as rec.~rdcd in Volume 76154, Page 939 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point S 89 deg. 51 min. 55 sec. E, 413.17 feet along the north line of Bethel Road from the intersection of the East R.O.W. line of Denton Tap Road (100 ft. R.O.W.) and the North R.O.W. line of Bethel Road (60 ft. R.O.W.); THENCE N 0 deg. 23 min. 07 sec. W, 309.72 feet to a point in the south line of Vanbibber Road; THENCE N 85 deg. 05 min. 53 sec. E, 857.80 feet along the south line of Vanbibber Road to a point in the west line of Heartz Road; THENCE S 0 deg. 07 min. 05 sec. E, 514.38 feet along the west line of Heartz Road to a point in the north line of Bethel Road; THENCE in a northwesterly direction with a curve to the right, said curve having a Chord Bearing of N 66 deg. 13 min. 49 sec. W, a central angle of 40 deg. 56 min. 03 sec., a radius of 200.00 feet and an arc distance of 142.89 feet along said north line of Bethel Road; THENCE in a northwesterly direction with a curve to the left, said curve having a Chord Bearing of N 67 deg. 48 min. 51 sec. W, a central angle of 44 deg. 06 min. 07 sec., a radius of 260.00 feet and an arc distrance of 200.13 feet along said north line; THENCE N 89 deg. 51 min. 55 sec. W, 544.86 feet along said north line to the Place of Beginning and containing 7.2308 acres of land. · ..... -.~ ~-~ -~ T C ~ ~' ~! '~'~--'-~-' ~ i' ,' ~~ . · . .... ..-.. . . · ...................... ._ ..-. ~~ ....... .~-.: .... ~-~,~~__~~ ~:-~. · ~=~ ~ ~ C ~ ~ ....... ~ '- : ...... - :~ - -~" ~.- ~'~_~__ ~ ~ __~._~; .... ................... ~ -~ ~.. :~ · ~__..-- - . ~' ~''j~. /.. : i' r-. m I". lllllllli, l~ I-~. I I'1~ i ] ne -" ~S: ~' ~ i .--~~ i-~g.IIi~. ~ ' ~ ~ ~ ~ ~, C g~.r-~f~ ~ ~ , . .12 Being a tract of land situated in the -~Sward A. Crow ~urvey, Abstract No. 301, in %he City of Cop/~ell, Dallas County, Texas, and said tract me;.ng ~art of · .- 16.00 act· tract of land conveyed to William T. Troth.by De·d as recorded in ...... Vol"-· 76154, Page 939 of the Deed Records of Dallas Co~ty, Texas, Lnd being Do · particularly de.~cr~b~ ,~ ~o!!o.w_~: · BEGIh,~?NG at a ~oint S 89 deg. 51 m. in. 55 se=. ~, 413.17 feet alon~ the north . -_. line oZ Bethel Road from t. he intersection of t_he Zas~ R.O.W. line of Denton Tap Road (100 f~. R.O.W.) and -~he Nor~h R.0.W. line of _~ethel Road (60 ft. a.O.W.) ..:~':CD ,~: 0 deg. ~ =in. '57 sec. W, 309.72 -'est %o a ~in= in ~e sou~ line ef Va~r ~ad; ~ ~CE K 85 deg. 05 ~. 53 se=. E, 857.80 feet along ~e south line of V~r ~ad ~ a ~in% ~n ~e ~st line of ~ear~z ~ S 0 deg. 07 ~n. 0.5 ~ec. E, 514.38 feet along %he west line of ~eartz ~ad '- ... %o a ~%% ~ ~e north l~e of Bethel ~ad; :'' ~'~u~-Be~ing of ~ 6~ Oeo ~3 ~n. 49 sec. W, a central an~le of 40 de~. 55 ~n. 03 sec. a radius of 200.00 fee. t ~ ~ arc ~ist~ce of 14~.89 fee~ alomg ~he nor~ '..T~ ~ a nor-Zg~esterly direc%ion '-'i~h a c'~e ~O %he left, sai~ cu~e havS~g '. ~ .. ~ . a Chord Bearing of N 6~ deg. 49 =in. 51 ~ec. ~, a cen2ral ~gle of 44 ~eg. 06 ~n. :: 07 sec , a ra~i~s of 260.00 ~ee ~n arc . . = ~d distance of 200.13 feet along said nor=h ~ N 89 deg. 51 ~n. 55 sec. W, 544.86 fee= al~g said north line to tbs Place of Beginning and con:ainin~ 7.2308 acres of land. ~- .,.~T ~- . REP,,OCCCID~ WH~ RECORDED . :. '.~ .. 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