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OR 91500-A-420 Amending Land Use Plan of 1996 Comprehensive Master PlanAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-420 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 R (RETAIL) TO H (HISTORIC), TO EXPAND AND INCORPORATE 3.2 ACRES OF PROPERTY ALONG THE SOUTH SIDE OF BETHEL ROAD, EAST OF FREEPORT PARKWAY INTO THE DESIGNATED HISTORIC DISTRICT AND FURTHER AMEND TO THE LAND USE PLAN OF THE 1996 COMPREHENSIVE MASTER PLAN FROM NEIGHBORHOOD RETAIL TO HISTORIC AND MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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-618(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 R (Retail) to H (Historic), to expand and incorporate 3.2 acres of property along the south side of Bethel Road, east of Freeport Parkway into the designated Historic District and further to amend the Land Use Plan of the 1996 Comprehensive Master Plan from 1 77966 Neighborhood Retail to Historic and more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be used only in the manner and the purpose provided 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. 2 77966 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the /314—L day of & eJt. , 2005. ROBERT E. HAGF,R„CITY ATTORNEY ATTEST: LIBBY BAS ITY SECRETARY 3 77966 LEGAL DESCRIPTION TRACT 1 WHEREAS City of Coppcll is the uwrr_v of o 2.1898 acre tract of lund situalcd in the ✓arses A. Snnrruris Suvvcy, Abstract No. 1296, Dallas County, Texas; said tract being port of a tract of land described in deed to City of Cop,celi recorded in 'Volume 200J094, Page 0797 of the Deed Records of Dallas County, Texas; said 2.1898 acre tact being more particularly descr;bed as follows: BECINNINC, at a 1/2 inch iron red round for corner, said poir;t being in the South fight-of-woy line of Bethel .Rood (o 50 foci right-of-way); .s.^.id saint also acing the nnrt.hwost corner of that certefi 1.09 arse tract cf land described ,n deed to Camille Juraszek recorded in 'Volume 99106, Page 614 of the Deed Pecords of Dallas County, lexas; THFNCF .South 01 degrees 18 minutes 00 scronris Wcst, deporting sav1 south right-of-way line of Bethel Road, a distance of 183.30 feet to a �j inch iron rod frond for corner; .said point being in the north line or a 18..918 acre tract of !and descrrbed in deed to KCO 1XII Coppel! Lvv, Ltd. recorded in 'Volume 2000246, Page -1694 of the Deed Records of Dallas County, texas; THFN'CF, Nortl; 89 degrees 01 minutes 04 seconds West, a distance of 520.41 feet to a "+" cul found on the top of curb in the cost right-of-way line of Freeport Parkway (C 70 foot right-of-way at this point); I ENCE, North 01 degrees 18 minutes 00 seconds Cast, along said east right of way line of Freeport Parkway, a distance of 18J.JG feet to a X inch iron rad W/PACHECO KOCH" cap set for corner; said point being at the intersection of the cast right-of-way foie of Freeport Parkway and the south right-of-way I. -no of Bethel Rood, iHLNCL, South 89 degrees 01 minutes 04 seconds Lost, deporting said east right-of-way line of Freeport Porkwoy and along said south rigYt-of-woy line of Bethel Rood, a distance o; 520.41 feet to the POINT OF BEGINNING; square feet or 2.1898 acres of land, more or less. TR 21 of the James A. Simmons Survey, Abstract 1296, Pg. 465, Known as 545 Bethel Road TRACT 2 EXHIBIT "A" 0 rr z J ULU a. CL J, O L) BETHEL ROAD TRACT TRACT2 ii f--TT-t_l__rl 1I I-fr"I I "IEI --t -_r T l� l F l TI l I I I I �F T C Oy rL1Une f- Legend UE Flegvry Commnc101 -1 fflj J � ___ I f rw�un10 l Iu� w.xe uxe L1_ nasus WxT Dii-4 ftMIEen5N Medum OmcHy a &nW dun Demme o� _ '� -.— —' weim immunmei Q � T 0 -- s �� Dan 3ace r LA _ F� N.,ii r RC i I, Dean Drz �j II of " OUTHWESTERN� BLVD Historic District Boundary Extension Future Land Use Map WE From Neighborhood Retail to Historic S EXHIBIT "B" COPPELi