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OR 91-500-A-054 Zoning change to Office at west side of MacArthur Bld, north of Riverchanse Dr & MacArthur Bld AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A54 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 MMF-2" (MULTI-FAMILY) TO "O" (OFFICE) ON A 7.010 ACRE TRACT OF LAND DESIGNATED AS TRACT "A", LOCATED ALONG THE WEST SIDE OF MACARTHUR BOULEVARD, NORTH OF THE INTERSECTION OF RIVERCHASE DRIVE AND MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT MAn ATTACHED HERETO; AND BY GRANTING A CHANGE IN ZONING FROM "MF-2" (MULTI-FAMILY) TO "R" (RETAIL) ON A 9.325 ACRE TRACT OF LAND DESIGNATED AS TRACT MB", LOCATED ALONG THE WEST SIDE OF MACARTHUR BOULEVARD, SOUTH OF THE INTERSECTION OF RIVERCHASE DRIVE AND MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; 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 Case No. ZC-557 (CH) should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 "MF-2" (Multi-Family) to "O" (Office) on a 7.010 acre tract of land, designated as Tract "A", located along the west side of MacArthur Boulevard, north of the intersection of Riverchase Drive and MacArthur Boulevard and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes; and to grant a change in zoning from "MF-2" (Multi-Family) to "R" (Retail) on a 9.325 acre tract of land, designated as Tract "B", located along the west side of MacArthur Boulevard, south of the intersection of Riverchase Drive and MacArthur Boulevard, being more particularly described in Exhibit "B" 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. SECTION 3. REPEALING CLAUSE 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. SEVERABILITY CLAUSE 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 2 of the Comprehensive Zoning Ordinance as a whole. SECTION 5. PENALTY CLAUSE 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 6. SAVINGS CLAUSE 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 7. EFFECTIVE DATE 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 ? ~ ~:'--~ day of ~,d~/~4' ,1994. ° '<it (fi- APPROVED: TOM MORTON, MAYOR 3 ATTEST: CITY SECRE~AR-Y~ APPROVED AS TO FORM: PETI~R G. SM,I~,~CITY ATTORNEY PD' II ',ANDY L (SF.7 . TH.I SF'7 MF.I MF. TH-I IL ,. ~,,- R MF'Z '~" ST LOUI'. & SOUTH~ESTERN RR~ !"" ;" BELT ? ~ ~7 L TRACT A - MF to Office BEING a tract of land situated in the S.A. & M.G. SURVEY, ABSTRACT NO. 1442, and the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, as recorded in Volume 93248, Page 0302 and Volume 86090, Page 3527, of the Deed Records of Dallas County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an "x" set at the intersection of the North line of Riverchase Drive with the West line of MacArthur Boulevard, said point being the Southeast comer of Tract 8 as described by Volume 93248, Page 0302; THENCE leaving said Tract 8, South 27' 08' 01" West, a distance of 30.03 feet to an intersection point of the West right-of-way of MacArthur Boulevard and the centerline of Riverchase Drive as recorded in Volume 86090, Page 3527; THENCE following the centerline of Riverchase Drive along a curve to the left having a central angle of 50' 08' 07'°, a radius of 425.00 feet, a chord bearing of South 89' 24' 41" West, a chord distance of 360.13 feet, and an arc length of 371.89 feet to a point of reverse curve; THENCE continuing along the centerline of Riverchase Drive along a curve to the right having a central angle of 21' 45' 27", a radius of 425.00 feet, a chord bearing of South 75° 13' 20" West, a chord distance of 160.42 feet, and an arc length of 161.39 feet to an intersection point of the centerline of said Riverchase Drive with the East line of a 130-foot wide Dallas Power and Light Company right-of-way; THENCE along the East line of the Dallas Power and Light Company right-of-way, North 29° 13' 41" East, distance of 35.88 passing a point common to said East line, the North right-of-way of Riverchase Drive, and the Southwest comer of the aforementioned Tract 8, and continuing a distance of 1061.70, for a total distance of 1097.58 feet to a point common to said East line of the Dallas Power and Light Company right-of-way, the most Northerly comer of the aforementioned Tract 8, and the West right-of-way of MacArthur Boulevard; THENCE following the West right-of-way of MacArthur Boulevard along a curve to the right having a central angle of 61° 20' 08", a radius of 765.00 feet, a chord bearing of South 03° 32' 03" East, a chord distance of 780.39, and an arc length of 818.94 to a point of tangency; THENCE continuing along the West right-of-way of MacArthur Boulevard, South 27° 08' 01" West, a distance of 121.42 feet to the POINT OF BEGINNING, and containing 7.010 acres of land, more or less. Tract B - MF to Retail BEINO a tract of land situated in the SINGLETON THOMPSON SURVEY, ABSTRACT NO. 1493, and the J.C COOK SURVEY, ABSTRACT NO. 315 as recorded in Volume 93248, Page 0303 and Volume 86090, Page352?, of the Deed Records of Dallas County, Texas and being more pa,Jcularly described by metes and bounds as follows: BEGINNING at an intersection point of the West right-of-way of MacArthur Boulevard and the centerline of Riverchase Drive as recorded in Volume 86090, Page 3527; THENCE South 27' 08' 01" West, a distance of 30.03 feet passing an "x" at a point common to the Northeast comer of Tract 9 as recorded in Volume 93248, Page 0303, the South right-of-way of Riverchase Drive, and the West right-of-way of MacArthur Boulevard, continuing along said West fight-of-way of MacArthur Boulevard a distance of 123.96 feet, for a total distance of 153.99 to a point of curve; THENCE continuing along the West fight-of-way along said curve to the left having a central angle of 27' 05' 53", a radius of 875.00 feet, a chord bearing of South 13° 35' 04" West, a chord distance of 409.99 feet, and an arc length of 413.83 feet to a point of tangency; THENCE continuing along the West fight-of-way, South 00' 02' 08" West, a distance of 196.53 to a point in the North line of the St. Louis and Southwestern Railroad; THENCE along the North line of said railroad, North 86' 21' 18" West, for a distance of 709.44 feet to a point common to the aforementioned Tract 9, the North line of said railroad, and the East line of a 130-foot wide Dallas Power and Light Company fight-of-way, as recorded in Volume 4594, Page 302 of the Deed Records of Dallas County, Texas; THENCE along said East fight-of-way, North 29° 13' 41" East, for a distance of 700.76 feet passing a point common to the Northwest comer of the aforementioned Tract 9, the East line of the Dallas Power and Light Company right-of-way, and the South fight-of-way of Riverchase Drive, continuing a distance of 35.88 feet, for a total distance of 736.64 feet to an intersection point of said East fight-of-way and the centerline of Riverchase Drive; THENCE following the centerline of Riverchase Drive along a curve to the left having a central angle of 21' 45' 27", a radius of 425.00 feet, a chord beating of North 75' 13' 20" East, a chord distance of 160.42 feet, and an arc length of 161.39 feet to a point of reverse curve; THENCE continuing along the centerline of Riverchase Drive along a curve to the right having a central angle of 50' 08' 07", a radius of 425.00 feet, a chord bearing of North 89° 24' 41" East, a chord distance of 360.13 feet, and an arc length of 371.89 feet to the POINT OF BEGINNING, and containing 9.325 acres of land, more or less. EIq~IBIT "B"