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Ordinance 1 TM 107373 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 H (HISTORIC) TO SF-9 (SINGLE FAMILY-9) ON 0.294 ACRES OF PROPERTY LOCATED APPROXIMATELY 120 FEET WEST OF HEARTHSTONE LANE AND APPROXIMATELY 153 FEET NORTH OF WEST BETHEL ROAD, BEING THE REAR PORTIONS OF 361 AND 365 HEARTHSTONE LANE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; 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 that Zoning Application No. ZC-627 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 H (Historic) to SF-9 (Single Family-9) on 0.294 acres of property located approximately 120 feet west of Hearthstone Lane and approximately 153 feet north of West Bethel Road, being the rear portions of 361 and 365 Hearthstone Lane and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. 2 TM 107373 SECTION 2. That the property is hereby zoned and shall be used only in the manner and for the purpose provided for in the SF-9 (Single Family-9) regulations in 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. 3 TM 107373 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2019. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY 89.92'S00°37'25"W7.16'S72°20'20"E15.65'L=56.26', R=50.00'D=064°28'29"N04°01'40"W~53.34'87.15'S00°37'25"W 80.00'LOT 1R, BLOCK 1OLD COPPELL ESTATESINST. NO. 201300140145O.P.R.D.C.T.LOT 1R2, BLOCK 1VAUGHAN ADDITIONINST. NO. 201100211431O.P.R.D.C.T.LOT 2R, BLOCK 1OLD COPPELL ESTATESINST. NO. 201300140145O.P.R.D.C.T.LOT 5R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.BLOCK 2OLD COPPELL ESTATESVOL. 96020, PG. 2403D.R.D.C.T.LOT 3LOT 2LOT 1S00°37'25"W 80.00' HEARTHSTONE LANE 50' PUBLIC RIGHT-OF-WAY HEARTHSTONE LANE50' PUBLIC RIGHT-OF-WAYROY ONSTOTTVOL. 95073, PG. 51D.R.D.C.T.45.08'80.00'80.00'90.00' 39.00' N00°05'01"W 156.43'S89°15'15"W 81.48'S00°34'46"W 154.32'S89°16'10"E 83.27'LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.TO BE REZONED:A PORTION OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.12,797 SF0.294 AcresREMAINDER OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.POINT OFCOMMENCINGPOINT OFBEGINNINGS89°16'10"E 290.81'REMAINDER OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 201100211432O.P.R.D.C.T.LOT 4R2R, BLOCK 1OLD COPPELL ESTATES ADDITIONLOT 1R2R, BLOCK 1VAUGHAN ADDITIONLOT 3R, BLOCK 1OLD COPPELL ESTATES ADDITIONINST. NO. 200900040806O.P.R.D.C.T.LOT 3R2, BLOCK 1OLD COPPELL ESTATES ADDITIONDRAWN: G.L.C. CHECKED: E.R. DATE:02/14/2019ZONING EXHIBITSCALE: 1" = 20'20'0 10' 20'40'SURVEYOR'S NOTES:1. Bearings and distances are based on the State Plane Coordinate System, TexasNorth Central Zone (4202) North American Datum of 1983 (NAD 83)(USFoot) with a combined scale factor of 1.000136506.2. This property lies within Zone "X" Unshaded of the Flood Insurance RateMap for Dallas County, Texas and Incorporated Areas, map no.48113C0135K, July 7, 2014, via scaled map location and graphic plotting.3. Monuments are found unless specifically designated as set.NOTE REGARDING UTILITIESUtility locations are per observed evidencePROPERTY DESCRIPTION:BEING a 0.294 acre tract of land situated in the James Anderson Survey, Abstract Number 18, being a portion of Lot 4R2, Block 1,Old Coppell Estates Addition, an addition to the City of Coppell, as recorded in Instrument Number 201100211432, Plat Records,Dallas County, Texas and being more particularly described by metes and bounds as follows:COMMENCING from a 1/2 inch rebar found for the northwest corner of said Lot 4R2, same being the southwest corner of Lot 5R2,Block 1 of said Old Coppell Estates Addition and lying on the east line of a tract of land conveyed to Roy Onstott by deed recorded inVolume 95073, Page 51, Deed Records, Dallas County, Texas;THENCE South 89 degrees 16 minutes 10 seconds East departing the east line of said Onstott tract, with the south line of said Lot 5R2,with the north line of said Lot 4R2, a distance of 290.81 feet to a point for the northwest corner of said portion of Lot 4R2 and beingTHE POINT OF BEGINNING;THENCE South 89 degrees 16 minutes 10 seconds East continuing with the south line of said Lot 5R2, a distance of 83.27 feet to apoint on the south line of said Lot 5R2, same being a point on the north line of said 4R2;THENCE South 00 degrees 34 minutes 46 seconds West departing the south line of said Lot 5R2, over and through said Lot 4R2 andcontinuing over and through Lot 3R, Block 1, Old Coppell Estates Addition, an addition to The City of Coppell, as recorded inInstrument Number 200900040806, Plat Records, Dallas County, Texas, a total distance of 154.32 feet to a point for the northernmosteast corner of Lot 2R, Block 1 of Old Coppell Estates, an addition to the City of Coppell, as recorded in Instrument Number201300140145, Plat Records, Dallas County, Texas, same being an interior "ell" corner of said Lot 3R, from which a 1/2 inch rebarfound bears South 33 degrees 20 minutes 40 seconds East, 1.47 feet;THENCE South 89 degrees 15 minutes 15 seconds West with the northernmost line of said Lot 2R, same being the south line of saidLot 3R and continuing with the south line of said Lot 4R2, a distance of 81.48 feet to a point for the northeast corner of Lot 1R2, Block1, Vaughan Addition, Instrument Number 20100211431, Plat Records, Dallas County, Texas, same being the northwest corner of saidLot 2R, and lying on the southernmost line of said Lot 4R2 from which a 3/8 inch rebar found bears North 00 degrees 05 minutes 01seconds West, 1.46 feet;THENCE North 00 degrees 05 minutes 01 seconds West over and through said Lot 4R2, a distance of 156.43 feet to THE POINT OFBEGINNING and containing 12,797 square feet or 0.294 acres of land, more or less.TITLE COMMITMENT NOTESThis survey was prepared without the benefit of a commitment for title insurance. Therefore, easements, agreements, or otherdocuments, either recorded, or unrecorded may exist that affect the subject property that are not shown on this survey.SITELEGEND OF ABBREVIATIONS·D.R.D.C.T. DEED RECORDS, DALLAS COUNTY, TEXAS·O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS·P.R.D.C.T. PLAT RECORDS, DALLAS COUNTY, TEXAS·ROW RIGHT OF WAY·IRS 1/2 INCH CAPPED REBAR STAMPED "ASC" SET·C.M. CONTROLLING MONUMENT0.294 ACRES - JAMES ANDERSON SURVEYABSTRACT NO. 18A PORTION OF LOT 4R2, BLOCK 1OLD COPPELL ESTATES ADDITIONCOPPELL, DALLAS COUNTY, TEXASVICINITY MAPNOT TO SCALE220 ELM STREET, SUITE 200 I LEWISVILLE, TX 75057 I 214.217.2544FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COMILAND SURVEYING PLATTINGWINDROSE220 Elm St., # 200 - Lewisville, TX 75057Ph. 214.217.2544 - TFRN# 10063800arthursurveying.com Established 1986OWNER/DEVELOPERDAVID J. BARLEGGS &FIONA BARLEGGS361 HEARTHSTONE LANECOPPELL, TX, 75019ZC-627 H TO SF-9SITEZONING MAPExhibit A