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CC approval of ORD 6/9/98AGENDA REQUEST FORM CITY COUNCIL MEETING: June 9 1998 ITEM # ITEM CAPTION: Consider approval of an Ordinance for a zoning change from SF-9 (Single Family-9) and TH-1 (Town House Residential-l) to SF-9 (Single Farnily-9), on property located at the northeast corner of Mockingbird Lane and Beltline Road, and authorizing the Mayor to sign. SUBMITTED BY: TITLE: STAFF RECOMMENDS: APPROVED ¥ Gary L. Sieb ClTY Director of Planning and Community Services DATE APPROVAL STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A This TH-1 zoning change was determined by Council on May 12, 1998, by a vote of (5-2) with Council members Sturges and Keenan voting against the zoning change. Agenda Request Form - Revised 3198 FIN. REVIEW:d~ CITY MANAGER REVIEW: Document Name: (/rl?H1SF9.ord AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~/S"~O 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 "SF-9" (SINGLE FAMILY 9) AND "TH-l" (TOWN HOUSE .RESIDENTIAL) TO "SF-9" (SINGLE FAMILY-9) FOR THE PROPERTY 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 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 governing body is of the opinion and in the exercise of legislative discretion has 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 "SF-9" (Single Family-9) and "TH-l" (Town House Residential-l) to "SF-9" (Single Family-9) on the property 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 for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 1 ss18345 SECTION 3. 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. 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, ~ad 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 ss18345 of ,..~&,/,/~ ,1998. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~'~',~ day cKnqS? ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER O. SMITH, CITY ATTORNEY (PO S/sb 05/14/98) PROPERTY DESCRIPTION BEING a *tract of I~nd situated in the Jam~ Pgm~h Survey, Abetract N¢~ 1139 ~and J~C. Cook Survey, Abstract No. 315 City of Coppeil, Oallae Count~ Te~. ea..and being all of that ~t ed 23.8153 acre tract of land conveyed to Northlake woomanae ~omt Venture. a Texa~ venture, by the deed recorded in Vcgume 85072 Page 3583 of the Deed Record, of Dall~ County, Texas (DRDCT) the subject tract being mare partlcuIoHy d~crlbed as BEGINNING at the Intersection of the Ea~teHy line of Mockingbird Lane (a 60' ROW) and the Northerly line of the St. Louis and Southw~t~rn Reilro4d (a 100' ROW), a 3/8' iran pin found at comer;, THENCE N 18~5'08' r a dietance of 56.15 feet t~ a point far comer;, THENCE a curve to the right having a central angle of 14'51'47' and a radius of g49. og feet and an arc length of 250.65 feet with o chard bearing of N 25'5g'04' g-24g.g2 feet; THENCE a curve to the left having a central angle of 18.12'46' and a radius of 457.7g feet and an arc length of 147.66 feet with a chord bearing of N 24'18'35' E:-147.02 .feet; THENCE N 8g'52'21' E: a distance of 122.52 feet to a point far comer;, THENCE a curve to the right having a central angle of 90'00'00' and a radius of 40.00 feet and an arc length of 62.83 feet with a chard bearing of S 45'07'3g' E-56.57 feet; THENCE S 00'07'3g' E a dletance of 228.04 feet to a point far comer;, THENCE N 78'41'20' E a dletance of 2105.97 feet to a point far comer;. THENCE S 45'31'00' E. a distance of 205.46 feet to a point for corner;, THENCE S 2916'54' W a d~tance of 1013.16 feet to point far comer;, THENCE N 86'25'31' W a distance of 431.51 feet to a point for comer;, THENCE o curve to the right hcrv(ng a central angle of 14.54'08" and radiue of 2950.01 feet and an arc length of 775.11 feet with a chord b4mring of N 78.5,~53" W-785.12 feet; THENCE N 71'26'49' W a di~tanc~ of 926.03 feet to the place of beginning eantalnlng 15,35825 ~Cluore feet, 35.258 Aar~ of land. Exhibit "A"