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OR 297-A-87 Food Lion AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 297A87 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARINGAN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes, and pursuant to the zoning ordinance and zoning map 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, the said Governing Body is of the opinion that said change of zoning, which is on application of Food Lion, No. S-1049, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the property hereinafter described, a new zoning district classification, to wit: "C" Commercial District ClaSsification with a Special Use Permit for a Grocery Store. Said Special Use Permit being subject to the following conditions: 1. The temporary drive that is to be constructed from the grocery store east to Samuel Boulevard shall be constructed to support fire apparatus and/or other heavy vehicular traffic. 2. All conditions and requirements listed or shown on the Site Plan which is attached hereto as Exhibit tt 2 It · Said property being described as follows: BEING a parcel of land containing 3.816 acres, more or less, and desctibed by netes and bounds on Exhibit "1" attached hereto and made a part hereof and shown on the Site Plan attached hereto as Exhibit "2" and made a part hereof· SECTION 2. That all parts of any 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 ordinances or parts of ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, 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 invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the // day of ~~~-~, 1990. APP.: ATTEST: ~ ~ APPROVED AS TO FORM: BOUNDARY DESCRIPTION BEING a tract of land situated in the S. M. Hiatt Survey, Abstract No. 638 in the City of Coppell, Dallas County, Texas and also being part of a tract of land conveyed to M. Douglas Adkins, Trustee, as described in Volume 76118, Page 2355 of the Deed Records of Dallas County, Texas and being more particUlarly described as follows: BEGINNING at a point for corner on the north line of Sandy Lake Road (a 60 foot right-of-way), said point being ' S. 88°19'50'' W., 488.71 feet from the intersection of the said north line of Sandy Lake Road with the west line of Samuel Boulevard (a variable width right-of-way); THENCE S. 88"19'50" W., 259.02 feet continuing along the said north line of Sandy Lake Road to a point for corher; THENCE N. 0"54'46" W., 636.40 feet leaving the said north line of Sandy Lake Road to a point for corner; THENCE N. 88"31'00" E., 283.40 feet to a point for corner; THENCE S. 1"24'20" E., 220.00 feet to a point for corner; THENCE S. 89"05'14" W., 52.27 feet to a'point for corner;~ THENCE S. 0"54'46" E., 155..81 feet to a point for corner; THENCE N. 89"05'14" E., 26.00 feet to a point for corner; THENCE S. 0°54'46'' E., 260.00 feet to the Point of Beginning and containing 3~816 acres (166,236 §quare feet) of land. EKHIBIT 1 EX HIBIT 2