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CC approval of ORD 7/11/00T H I~ · C I ,T Y 0 F C-OPPELL AGENDA REQUEST FORM · j' ~ '~'% "~'~ ~ ~~r ~~~~~~CITY COUNCIL MEET~G: July 11 2000 ITEM ~ ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-606(CI-I), zoning change from A (Agriculture) to SF-12 (Single Family-12) on approximately 15.75 acres of property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor, and authorizing the Mayor to sign. A PP,q 0 SUBMITTED BY: ~i)k L. Sieb~ TIT~,E: ( Director of elann~g and Comm, nity Services ~h.~. # C//3-~ 0-,~ - Z~, / STAFF COMMENT~. Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council voted to approve this zoning change (6-1) with Councilman Stover opposing. Staff recommends approval. DIR. INITIALS: ~e~~ FIN. REVIEW: 6 CITY MANAGER REVIEW~ Agenda Request Form - ised 5/00 Document Name: ~606CH o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORI)INANCE NO.a// OO 4q 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 A (AGRICULTURE) TO SF- 12 (SINGLE FAMILY-12) FOR APPROXIMATELY 15.75 ACRES OF LAND LOCATED ALONG THE NORTH SIDE OF DEFOREST ROAD, EAST AND WEST OF THE ESTATES OF CAMBRIDGE MANOR AND BEING MORE DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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 goveming 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 governing body is of the opinion that Zoning Application No. ZC- 606(CH) 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 A (Agriculture) to SF-12 (Single Family-12) for approximately 15.75 acres if property located along the north side of DeForest Road, east and west of The Estates of Cambridge Manor and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 34616 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, 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. 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 unconstitutional, illegal or invalid, 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 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 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. 2 34616 DULY PASSED by the City Council of the City of Coppell, Texas, this the ]L~ day APPROVED: CANDY- ~'I4EIH~I, MAYOR ATTEST: AP~~ ROBERT E. HAGER, C~TY ATTORNEY (REH/cdb 6/26/00) 3 34616 WHEREAS, O.W. McDONALD and ELIZABETH McDONALD, are the owners of a tract of land situated in the W1LLIAM A. TRIMBLE SURVEY, ABSTRACT NO. 1268, Dallas County, Texas and being more particularly described in deed from J.M. Terry and wife, Mildred Terry to O.W. McDonald and Elizabeth McDonald, as recorded in Volume 98107 Page 03061, Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point of intersection of the west line of Cambridge Manor Lane (on 87 foot wide right-of-way at this point) with the north line of DeForest Road (a 50 wide right-of-way at this point) as dedicated by the plat of The Estates of Cambridge Manor, an.addition to the City of Coppell as recorded in Volume 94250, Page 346 of the Deed Records of Dallas County, Texas; THENCE N89'44'O5"W, 30.15 feet along the said north line of DeForest Road to a point being on the east line of the said McDonald Tract; THENCE S00'37'09"W, 10.00 feet to the POINT OF BEGINNING, a 1/2 inch iron pipe set for corner being on the said north line of DeForest Road (a 40 foot wide right-of-way at this point); THENCE N89'44'O5"W, 175.54 feet along the said north line of DeForest Road to a 1/2 inch iron pipe set for corner; THENCE NOO'21'44"E, 269.40 feet leaving the said north line of DeForest Road to a 1/2 inch iron pipe found for corner being on the south line of Lot 2 in Block "A" of said The Estates of Cambridge Manor; THENCE S89'37'51"E, 176.75 feet along the said south line of Lot 2, and passing at 57.34 feet the southwest corner of Lot 1, Block "A", to a 1/2 inch iron pipe found for corner; THENCE S00'37'09"W, 269.08 feet leaving the south line of said Lot 1, and along the east line of the said McDonald Tract, to the Point of Beginning and containing 1.089 acres (47,425 square feet) of land. ~t~FfBI[T "Aw 1 o:[ $ TRACT 2 WI4g-~, J. CURT LEONARD is ~e own~ of · tract of ~mi s~tuated h~ th~'W'd~am A. TfimMn Survey, Abstract No. 1268 in the City of CoppelL Dallas County, T~as, and also being a Iract of land. as conveyed to $. Curt Leonard by deed r~.orded in Volume 97162, Page 3932 of the Deed Records of Da~as County, Texas and being more pmlictdady desa4bed as foHow~..: COMMENCING at · po~t of intersection of the east tine of Cambridge Manor Lane (an 87 ~oot ~ 94250, P 346 of th~ Dead Reconis of D~las Coun~ -l-aa~ I hence 3. ~-,n v~ ~,., n~.~-, ~ ~ . smd no 00o21,44,, W., i0.00 feet to ~ POINT OF BEGINNINO, a ½" ~mn rod set for comer be~ on said nor~Rne of DeForest Road (a 40 foot w~k fi~ht-of-way, at ~ po~t~, THENCE N. 00021'44'' E., 268.95 feet leavin~ th~ s~d north ~ne of DeForest Roa~ and dong ~ mst line of s~d The Estates of Camb~ Manor to a ½, ~xt rod found for comer be~M on ~e south Hne of L~t I in Block 'B" ofs~d The Estates of Camb~dge Manor, THENCE S. 89~37'51" E., 95.81 feet sloss the s~d south L~e of Lo~ 1, Block ~B' to a ½" L, on tod found for comer ~ on ~e w~st Rne of a tract of ~nd as conveyed to Gary A. Dua and ~ Sassdm L. D~t as recorded in Volume 744, Page 394 ofthe Deed Records of Denton County, Texas; THENCE S. 00'31'54" E., 268.55 feet ~dong ~e sa~d west line of the Dutt uact to a 2" iron ~ found for comer be~ on ~ said north Hne of DeForest Road; THENCE N. ~9'52'41" W., 100.00 feet alon~ the said north ~ne of DeFo~ Road to th~ Point of Besku~ng and conmin~ 0.604 acn=s (26,311 squa~ feet) ofhmi TRACT 2A ~ . .. Gary A. DUtt and wife,.Sandr~.L..Dutt . - .. - ., .: .. ~ .: -' - -. . ' ...; ~'. · ~ ~. . ..' : - ~ · ~oc, '~tac~ or' ~=ce~' o~ ~ene,- ~vx~. and' be~g ..eXaua~ea- o~ Dan~°~, S~e og ~exas..and being a p~..o~.a 'certain ~ac~ o~ ' . ~ ' ~a~d Which wan :convd~ed by?deed ~ed ~ ~0~' X969, f~ 'C~c~o . - . ~on~' and ~e,' :zX~=~ade b. ao~'ao-~ ~aa~ .~ow~ey Nar~ '~wney ~nd Gp~ A. Dut~.~d.'W~.~e,- ~.~ ~; '~gg~-~s:~ "'-".".  o~ ~eco=d ~n .Vo~e '588, Pag6 48 o~' ~e ~ea ~co~as ox-. ~g~on-. ... ~ 'Records o~ ~n~n ~o~;'~xas; s~a.po~n~ ot-neg~nn~ng ~-..~ana; .... ".'' · ' ~ ~, ~ ~. -= -' . - ~' .'-- '- '-. .-':: ~' .~ ..... "; ' '~ ' Corne~ of 'said ~'~ac~;.' '. .' '.' ~ .-f. .... : .. ' ': ' ' ..'. ' ' . -- ' ..'-TR~CE~. ~as~, .alon~ the.~=~- ~da~ ~i~ Of-SAid .' . 6~,78 fee~, ~ & n~eel.~in'for-~e.No~eas~-cor~r.~of ~aC~' ~6rgin' '  .- ~osc=~bed; -=.-."?~.~' .: '-' = ~ ~%" ".%. '" '~'.: '-~'.~'~.~ (. '~'... .... ' ~:-':"':- - ~y ~a' Dhtt trac=,.. 4S6., 12 f6~a,'.ta a'-s=e~l- pin ~-'~. ~ wasa, '~1on9 ~e Nor~'~?~ l~e~o~. ~orest.~a~ = - · -. a~d ~e ~U~h boundary. 1X~' 'of sa~d .~ey' ~d uug~. ~IBIT "A" 2 of WHEREAS. DARRON K. ASH &: wife. JILL ASH', are the owners of o tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 in the City of Coppell, Dallas County, Texas (formerly Denton County, Texas) said tract also being oll of that property described in a deed from Cicero Long to Clyde D. Ehlers and wife, Marion F. Ehlers recorded in Volume 559, Page 245 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set for the northeast corner of said Ehlers tract, said point also being the northwest corner of Lot 4, Block A and the southwest corner of Lot 5, Block A of The Estates of Cambridge Manor, Phase Two, an addition to the City of Coppell according to the plat thereof recorded in Volume 97084, Page 4971 of the Deed Records of Dallas County, Texas, and the southeast corner of Lot l OR, Block 8 of the Replat of Lots 8, 9, & 10, Block 8 of The Estates of Cambridge Manor, an addition to the City of Coppell according to the plot thereof recorded in Volume 95112, Page 5497 of said Deed Records; THENCE South 00'25'45" West, along the west line of said Block A, o distance of 1.57 feet to o 1/2 inch iron rod set for on angle point; THENCE South 00'22'46" West, continuing along the west line of said Block A, o distance of 465.32 feet to the southeast corner of said Ehlers tract, o 1/2 inch iron rod set for corner in the north line of DeForest Lone (variable width right-of-way); THENCE North 89'54'41" West, continuing along the north line of DeForest Lone and the south line of said Ehlers tract, a distance of 190.87 feet to o 1/2 inch iron rod found for the southwest corner of said Ehlers tract and the southeast corner of o tract of land described in o deed from Rosemary J. Downey. recorded in Volume 1114. Page 824 of said Real Property Records; THENCE North 00'22'01' East, along the common line between said Ehlers tract and said Downey tract, and along the common line between said Ehlers tract and a tract of land described in a deed from Gary A. Dutt and wife, Sandra L. Dutt to Ermon Jean Oowney and wife Maria Downey recorded in Volume 744, Page 390 of said Real Property Records. o distance of 463.77 feet to o corner of said Ehlers tract and the northeast corner of said Outt to Downey tract; THENCE North 89'29'14' East, along the north line of said Ehlers tract and the south line of said Block 8, o d;stonce of 191.00 feet to the POINT OF BEGINNING and containing 2.040 acres of land, more or less. EXHIBIT "&" 3 of 5 WHEREAS, Bruce Birdsong, is the owner of a 5.0005 acre tract of land situated in the William. A. Trimble Survey, Abstract No. 1258 in the City of Coppell, Dallas County, Texas; said 5.0003 acre tract having been conveyed to Dennis Birdsong and wife, Becky Birdsong by Warranty Deed with Vendor's Lien recorded in Volume 2151, Page 1,37, Real Property Records, Denton County, Texas; said 5.0003 acre tract being more porticulody described os follows: BEGINNING, at o 5/8-inch iron rod with 'Gonzolez ,~ Schneeberg' cop set for the southeast corner of said 5.0005 acre tract; said point being the southwest comer of Lot 2 of the Nettle Long Addition, on addition recorded in Volume 12, P(3ge 9, Plat Records, Denton County, Texas; said point being on the north right-of-w(~y line of DeForest Rood (40 feet wide at this point); said point being also West 1292.9 and North ;30.0 feet froj;n the Southeast corner of the W.A. Trimble Survey, Abstract No. 1268, Denton County, Texas; THENCE, South 90' 00' 00" West, with said north right-of-way line, a distance of 155.88 feet to a 5/'8-inch iron rod with "Gonzolez & Schneeberg' cap set for the southwest comer of said 5.0003 acre tract; said point being the southeast comer of a tract of land conveyed to Beomer Development, Inc.; --THENCE, North 00' 00' 00' East, with the east line of said Beamer tract, at a distance of 678.40 feet pass a 1/2-inch iron rod found for the northeast corner of said Beamer tract and the most easterly southeast corner of The Estates of Cambridge Manor, an addition to the City of Coppell, Texas, continuing, with the east line of The Estates of Cambridge Manor, at a distance of 1388.65 feet pass a 5/8-inch iron rod found on-line near the top of the bank of Denton Creek, continuing, in all, a distance of 1506.89 feet to a point in the center of Denton Creek for corner; THENCE, South 32' 55' 00" East, with the center of said Denton .Creek, a distance of 16.34 feet to an angle point; THENCE, South 35' 45' 00" East, with the center of said creek a distance of 251.61 feet to a point for corner; said point being also the northwest corner of Lot 3 of said Nettle Long Addition; THENCE, South 00' 00' 00' West, leaving said Denton Creek, with the west line of said Lot 3, at a distance of 665.35 feet pass a 1-inch iron pipe found for the most westerly southwest corner of said Lot 5 and the northwest corner of said Lot 2, continuing, with'.the west line of said Lot 2, in all, a distance of 1288.97 feet to the PLACE OF BEGINNING; CONTAINING, 217.811 square feet or 5.0003 acres of land, more or less. gXi~BI[T "A" 4 of 5 TRACT Being all of Lot 1 of the Nettle Long Addition, being an addition situated in the County of Denton, State of Texas, being out of the W.A. Tribmle Survey, Abstract No. 1268, containing approximately 6.216 acres of land, known as 900 DeForest Road. ~IT"A" 5 OF 5