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OR 297-A-35 Rezones property for development by Dunning Development AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.297A35 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, SO AS 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 ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN 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 under the zoning ordinance and zoning map, 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 Dunning Development, No. S-1009, should be granted and the Comprehensive Zoning Ordinance of the City of CoppeIl 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 hereinafter described property a new zoning district classification, to-wit: "IA" Light Industrial District Classification with a Special Use Permit for the operation of a groeery store. Said property being described as follows: BEING that tract of land at the intersection of Belt Line Road and MacArthur Boulevard in the City of Coppell, Texas, as shown on Exhibits "C" and "D" attached hereto. SECTION 2. The Specific Use Permit shall be conditioned upon the following special conditions: A. No outside storage. B. Structure to be built in accordance with renderings attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shah remain in fu]! force and effect. SECTION 4. 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, as amended herein by the granting of this zoning classification. SECTION 5. 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 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 7. 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. DRILY PASSED by the City Council of the City of Coppell, Texas, this the~7~,~ ~ day of ~~~ , 1987. APPROVED: ATTEST: APPROVED AS TO FORM: " CITY ^TT*ORNEY CZ87-0802 ,EXHIBIT B S-1009 BEING a tract of land situated in the Singleton Thompson Survey, Abstract No. i&93, and being in the City of Irving, Dallas County, Texas, and being part of a tract of land conveyed to HacArthur/Belt Line (SEC) Retail Joint Venture as recorded in Volume 85039, Page 3823 of the Deed Records of Dallas County, Texas and being more particularly described ss follows: COHHENCINC at an iron rod found at a point on the west line of said Singleton Thompson Survey and the east line of J. C. Cook Survey, Abstract No. 315, said point being on the south right-of-way llne of Belt Line Road (120 feet wide), said point also being the northwest property corner of the Triland/Northsted Joint Venture property recorded in Volume 82118, Page'0212 said Deed Records; THENCE South 85°&2'35'' East, along said south ~ight-of-way line, a distance of 813.96 feet to an iron rod set for the POINT OF BEGINNING; THENCE South 85°42'35' East, along said south right-of-way line, a distance of 250.02 feet to an iron rod set for a corner; THENCE South 4°17'25'' l/est, a distance of 130.00 feet to an iron rod set for a corner; THENCE South 42050'55" East, a distance of 239.91 feet to an iron rod set for a corner; THENCE North 45°00'00~' East, a distance of 125.00 feet to an iron rod set for a corner; THENCE due North, a distance of 199.00 feet to an iron rod set for a corner on the south right-of-way line of said Belt Line Road; THENCE South 85o42'35" East, along said south right-of-way line, a distance of 30.00 feet to an iron rod found at a corner; THEI~CE due South, a distance of 611.47 feet to an iron rod found at a point on a circular curve to the left, said point being on the proposed north easement line of an Irving Flood Control District - Section III (I.F.C.D.) easement (width varies), having a central angle of 10°39'07', a radius of 1060.00 feet and a back tangent of South 76°53~17'' East; THENCE l/esterly, along said proposed north easement line and said circuIar curve, for an arc distance of 197.06 feet to an iron rod set for a point on said curve; THENCE North 42050'55'' I/est, a distance of 247.57 feet to an iron rod set for a corner; THENCE North 85°42'35n l/est, a distance of 190.38 feet to an iron rod set for a corner; THENCE North 04°17'25n East, a distance of 429.36 feet to the POINT OF BEGINNING AND CONTAINING 223,200 square feet or 5.1239 acres of land more or less. 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