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CC approval of ORD 4/22/97 AGENDA REQUEST FORM ~j~ CITY COUNCIL MEETING: April 22, 1997 ITEM # /~ ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-592, CoDpell Middle School North Addition, zoning change from MF-2, HC, C and LI (Multi-Family 2, Highway Commercial, Commercial and Light Industrial) to SF-7 (Single Family-7), to allow the development of a middle school and an elementary school on a 26.57 acre tract of land, located north of Denton Creek and soush of S.H. 121 Bypass (also known as Vista Ridge Boulevard), and authorizing the Mayor to sign. SUBMITTED BY: G~'~ n. Sieb '"' TITLE'~ Director of Plann~g and Community Services STAFF ~ECOMMENDS: _~c~proval X Denial STAFF ~t~.S} .................................. ©n March 11, 1997, Council approved this zoning change request. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:{!ii: Agenda Reque~ Form - Revised,4197 Document Name zc592ord.pz I~' 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 OF ZONING FROM "MF-2, HC, C AND LI" (MULTI-FAMILY RESIDENTIAL 2, HIGHWAY COMMERCIAL, COMMERCIAL AND LIGHT INDUSTRIAL) TO "SF-7" (SINGLE FAMII.Y RESIDENTIAL 7) ON 7.6.57 ACRES OF PROPERTY LOCATED ON THE NORTH OF DENTON CREEK AND SOUTH OF STATE HIGHWAY 121 BYPASS, BEING MORE PARTICULARLY DESCRIBED IN EXtHRIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 the City of Coppcll, 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- 592 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 "MF-2, HC, C, and LI" (Multi-Family Residential 2, Highway Commercial, Commercial, and Light Industrial) to "SF-7" (Single Family Residential 7) on 26.57 acres of property located north of Denton Creek and south of State Highway 121 Bypass, 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 by the Comprehensive Zoning Ordinance of thc City of Coppell, as heretofore amended, and as amended herein. SECTION 3. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. The 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 invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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 6. 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 hereto amended, and upon conviction shall be punished by a f'me 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 7. 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. DULz.~ PAS~ED by the City Council of the City of Coppell, Texas, this the,~.-D,~ ,od day of ~'70'~ ~' ~" t , 1997. ~ APTED: TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, ~rITY ATTORNEY LECAL DESCRIPTION Being part of Lot I, Block G , Vista Ridge Addition os recorded by final plat recorded in Cabinet G at Page 271 of the Plat Records of Denton County, Texas o~d also being port of the 25.589 acre tract of land described In deed to Vista Properties as recorded in County Clerks File No. 95-R006653§, of the Deed Records of Denton County, Texas. Said tract of land is ~ituated in the G.C. Woolsey Survey, Abstract NO 1792. Dallas County, Texas and Clar;nda Squires Survey, Abstract No. 1327 Dallas County, Texas. Said tract of land being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found for the northwest comer of said Lot 1, Block G of the Vista Ridge Addition, said iro~ rod also being in the south curving right-of-way line of Vista Ridge Boulevard (east bound) (o variable width right-of- way), said curving right-of-way having on internal angle of 15 deg. 26 min. 06 sec. a radius of 2879.79 feet and a chord distance of 775.4.5 feet and bearing South 89 deg. 26 min. 44 sec. East; THENCE southeasterly along said curve to the left on ore distance of 775.79 feet to a t/2-inch iron rod set in the south right--of- way line of Vista Ridge Boulevard; THENCE Soul~ 07 deg. 47 min. 56 sec. East, departing said right- of-way line, a distance of 925.93 feet to a 1/2-inch iron rod set in the north line of Lot 4, Block G, Denton County Levee District No.! tract of land as recorded in Cabinet F, Page 271 of the Plat Records of Denton County, Texas: THENCE South 75 deg. 09 min. 20 sec. West, along said north line, a d{stonce of 3.53.86 feet to o 1/2-inch iron rod found, capped 'Carter & Burgess"; THENCE South 8,5 deg. 16 m;n. 41 sec. West, o distance of 717.57 feet to a 1/2-inch iron rod set for the point of curvature of a curve to the right having an internal on~e of 48 deg. 08 min. 02 sec., a radius of 350.00 feet, o chord distance of 269.15 feet and bearing North 70 deg. 39 min. 18 sec. West; THENCE Northwesterly along said curve to the right an arc distance of 277.25 feet to a 1/2-inch iron rod set for corner: THENCE North 00 deg. 42 min. 25 sec. East, a distance of 760.29 feet to a I/2-inch iron rod set foe corner; THENCE South 78 deg. 46 min. 39 sec. East, o distance of 406.83 feet to a t/2-inch iron rod set in the west line of Lot 1, Brock G; THENCE North 00 deg 42 min. 23 ~ec. East. along said west lot llne. o distance of 502.58 feet Io the POINT Of' BEGINNING; and CONTAINING !.157.394 square feet oe 26.570 acres Of load. more Or less EXI~BXT "A" (Page I of 2)