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CC approval on 11/14/95 AGENDA REQUEST FORM CITY COUNCIL MEETING: January 9, 1996 ITEM ITEM CAPTION: Consideration and approval of an Ordinance for Case No. ZC-585(CH), to change the zoning from 2F-9 (Two Family Residential) to SF-7 (Single Family-7) in the Braewood West Addition, on property located approximately 550 feet east of the intersection of Sandy Lake Road and Denton Tap Road, and authorizing the Mayor to sign. APPROV Dcv. ,. CO iTCIL SUB~ITTBD BY: ~ry L. Sieb' /~ TITLE: Director of Planning and Co~. Services INITI~S 8T~F CO~E~B = Council approved this zoning change at its Nove~er 14, 1995, meeting. STAFF RECOMMENDATION Approval X Denial EXPLANATION: BUDGET AMT. $ AMT. BHT. $ .I-/- BUD: $ FINANCIAL COMMENTS: ~ FINANCIAL REVIEW ~ CITY MANJ~GER REVIEW: ~ ~ Agenda Reqne~t Form - Revised 1/94 Docutmnt Nnn~ z~8~w.h.ord ORDINANCE NO AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "2F-9" (TWO FAMILY RESIDENTIAL) TO "SF-7" (SINGLE-FAMILY-7) ON PROPERTY LOCATED IN THE BRAEWOOD WEST ADDITION, APPROXIMATELY 550 FEET EAST OF THE INTERSECTION OF SANDY LAKE ROAD AND DENTON TAP ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A" AI'I'ACHED 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 ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Coppell and the governing body of the City of Coppell in compliance with the laws of the State of Texas, and the ordinances of the City of Coppell, have given requisite notice 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 Application No. ZC-585 (CH) should be approved, and in the exercise of its 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 on the 6th day of February, 1979, as heretofore amended, be, and the same are hereby, amended by granting a change in zoning from "2F-9" (Two Family Residential) to "SF-7" (Single-Family-7), on property in the Braewood West Addition, located approximately 550 feet east of the intersection of Sandy Lake Road and Denton Tap Road, Coppell, Dallas County, Texas, and being more specifically described in Exhibit "A" attached hereto and -1- AGG07998 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. 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. 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 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 heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense; and each and every day such violation shall continue -2- AGG07998 shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas this the 9 '~ day of ~ ,1996. ~ APPROVED: A"I-rEST: APPROVED AS TO FORM: PETER G. SMITFI, CITY ATTORNEY (PGS/jd 11/28/95) -3- AGG07998 A tract of land situated in the City of Coppell, Dallas County, Texas, and being part of the Edward A. Crow Survey, Abstract 301; and being more particularly described as follows: BEGINNING at a point for comer in the northerly right-of-way line of Vanbebber Drive (20 feet from centerline) 17.50 feet west of the centerline of Heartz Road, said point being North 89 degrees 48' 00" West a distance of 17.:50 feet and South 00 degrees 37' 00" We.st a distance of 2822.92 feet from the northeast comer of said Edward A. Crow Survey, Abstract 301; Thence South' ~5 degrees 28' 00' West along the said northerly right-of-way lane of Vanbebber Drive a distance of 102:5.64 feet to a point for comer; Thence North 00 degrees 37' 00" East a distance of 1680.77 feet to a point for comer; Thence South 89 degrees 36' 53" West a distance of 28/i.93 feet to a point for comer in the easterly right-of-way line of Denton Tap Road (100 feet wide); Thence North 00 degrees 06' 00" East along the said easterly right-of-way line of Denton Tap Road a distance of 00.00 feet to a point for comer; Thence South 88 degrees 23' 00" East a distance of 286.47 feet to a point for comer; Thence North 00 degrees 37' 00" East a distance of/i00.00 feet to a point for comer; Thence South 89 degrees 23' 00" East a distance of 2~6.69 feet to a point for comer; Thence North 00 degrees 37' 00" East a distance of 440.01 feet to a point for comer; Thence South 89 degrees 48' 00" East a distance of 208.71 feet to a point for comer; Thence North 00 degrees 12' 00~ East a distance of 208.71 feet to a point for comer in the right-of-way of Sandy Lake Road 30 feet south of the centerline; Thence South 89 degrees 48' 00~ East parallel to and 30 feet south of the centerline of Sandy Lake Road a distance of 333.70 feet to a point for corner; Thence South 00 degrees 12' 00" East a distance of 416.71 feet to a point of comer; Thence South 89 degrees 48' 00~ East a distance of 208.00 feet to a point of comer in the said westerly right-of-way line of Heartz Road; Thence South 00 degrees 37' 00" West along the said westerly right-of-way line of Heartz Road a distance of 2376.21 feet to the POINT OF BEGINNING and containing/i9.8685 acres, more or less. =' EXHIBIT ~ Save and except all that land already classified 'SF-7' (Single-Family-7) on May 13, 1980 by Ordinance No. 204-A-3, consisting of two tracts more particularly described as follows. BFJNG a tract or parcel of land situated in the City of Coppell, Dallas County, Texas; and being part of the E. Crow Survey, Abstract No. 301, and being more particularly described as follows: BEGINNINg'at a point for comer in the northerly right-of-way line of Vanbebber Drive (40 feet wide) said point being north 8//degrees 28' 00~ east a distance of 221.54 feet from the northeasterly cut-off line of the said northerly right-of-way line of Vanbebber Drive and the easterly right-of-way line of Denton Tap Road (100 feet wide); Thence north 0 degrees 37' 00'° east a distance of 1018.94 feet to a point for comer in the southwesterly line of a Lone Star Gas Company right-of-way (50 feet wide); Thence south 58 degrees 18' 20~ east along the said southwesterly line of a Lone Star Gas Company right-of-way a distance of 311.37 feet to an angle point; Thence south 0 degrees 37' 00" west a distance of 834.18 feet to a point for comer in the said northerly right-of-way line of Vanbebber Drive; Thence south 85 degrees 28' 00' west along the said northerly right-of-way line of Vanbebber Drive to the POINT OF BEGINNING and containing 247,094 square feet, more or less, or 5.6725 acres. B1JNG a tract or parcel of land situated in the City of Coppell, Dallas County, Texas; and being part of the E. Crow Survey, Abstract No. 301, and being more particularly described as follows: COMMF~NC~G at the southeasterly cut-off line of the easterly rigi~t-of-way line of Denton Tap Road (100 feet wide) and the southerly right-of-way line of Sandy Lake Road (60 feet wide); Thence south 2 degrees 09' 004 east along the said easterly right-of-way line of Denton Tap Road a distance of 595.10 feet to a point of comer; Thence south 89 degrees 23' 00' east a distance of 303.60 feet to a point for comer; Thence south 89 degrees 23' 00" east a distance of 266.68 feet to a point for comer; Thence south 0 degrees 37' 00" west a distance of 1314.21 feet to a point for comer in the northeasterly line of a Lone Star Gas Company right-of-way (50 feet wide); Thence north 58 degrees 18' 20" west along the said northeasterly line of a Lone Star Gas Company right-of-way a distance of 311.37 feet to an angle point; Thence north 0 degrees 37' 00" east a distance of 1153.48 feet to the POINT OF BEGINNING and containing 329,041 square feet, more or less, or 7.5537 acres.