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OR 91500-A-548 PD-222R5-LIAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91,<,AOD f7 -64,8 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 PD- 222R3 -LI (PLANNED DEVELOPMENT -222 REVISION 3 -LIGHT INDUSTRIAL) TO PD- 222R5- LI (PLANNED DEVELOPMENT -222 REVISION 5 -LIGHT INDUSTRIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW ADDITIONAL FENCING, TWO (2) GUARD HOUSES, MODIFICATION OF THE EXISTING PARKING CONFIGURATION, A NEW DRIVEWAY LOCATION AND TWO SETS OF COMPACTORS, WITH ONE SET BEHIND A SCREENING WALL, ON APPROXIMATELY 36.17 ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF DIVIDEND DRIVE, APPROXIMATELY 1 FEET WEST OF SOUTH BELT LINE ROAD (240 DIVIDEND DRIVE), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN AND EXTERIOR ELEVATION AND DETAILS, ATTACHED HERETO AS EXHIBITS "B AND C ", RESPECTIVELY; PROVIDING FOR DEVELOPMENT REGULATIONS; 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. PD- 222R5- LI 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 by granting a change in zoning from PD- 222R3 -LI (Planned Development -222 Revision 3 -Light Industrial) to PD- 222R5 -LI (Planned Development -222 Revision 5 -Light Industrial), to revise the Detail Site Plan to determine the location and to allow additional fencing, two (2) security guard houses, modification of the existing parking configuration, a new driveway location and two sets of compactors as provided herein, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used in accordance with the LI (Light Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as amended in the development regulation as set forth, which are as follows: (A) That the property shall be used and developed in accordance with the Detail Site Plan attached hereto as Exhibit B. (B) The elevations of the fences, guardhouses and compactor enclosure shall be as illustrated in Exhibit "C" which is attached to and made a part of this ordinance. (C) Except as amended herein and as provided in this Ordinance, the property shall be developed in accordance with Ordinances 91500 -A -462, 91500 -A -499 and 91500- A -536 which are incorporated herein as set forth in full and hereby republished. (D) The gate on the compactor enclosure, visible from Dividend Drive, shall remain closed at all times when not in active use. The gates shall be remotely controlled by the personnel in the guardhouse. SECTION 3. The property shall be developed and as provided on the Detail Site Plan and the Exterior Elevations and Details, attached hereto as Exhibits "B" and "C ", respectively, and which are made a part hereof for all purposes, which are hereby approved as development regulations. SECTION 4. 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 5. 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. 2 TM 43146.2.4192010 SECTION 6. 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 7. 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 8. 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 9. 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 �v day of ' 2010. ROBERT E. HAGEITY ATTORNEY (REH/cdb Reviewn & Revised) APPR OVED: qLzqiL tj;n' JAYNI VPETI�RS , •R r_� . .. � SECRETARY .. 3 TM 43146.2.4192010 LEGAL DESCRIPTION WHEREAS Duke Realty, LP. is the owner of on 36.,, "73 acre tract of land situated In the Cordedo Bowen Surv-_y, Abstract No. 56, Dallas County, Texas; being part of that tract of land described in a Special Warranty Deed as 'Tract 1' to Duke Realty Limited Partnership recorded in Instrvment No. 200600301442 of the Deed Records of Dallas County, Texas, said 36.173 acre tract being more particularly described as follows: COMMENCING at a 112 -inch iron rod with Pacheco Koch' cop found at the south end of a corner -clip at the intersection of the west right - of-way line of Beltline Road (a 120 -foot wide right -of -way) with the north line of Dividend Drive (a proposed 90 -foot wide right- of -woy); THENCE, along the north line of said Dividend Drive, the following seven (7) coils: North 89 degrees, 57 minutes, 33 seconds West, a distance of 928.81 feet to a 112 -inch iron rod with "Pacheco Koch" cap found for comer; sold point being the beginning of a tangent curve to the left; In a southwesterly direction, along said curve to the left, having a central angle of 27 degrees, 56 minutes, 26 seconds, a radius of 495.00 feet, o chord bearing and distance of South 76 degrees, 04 minutes, 14 seconds West, 239.00 feet, an arc distance of 241.39 feet to a 112 -inch iron rod with "Pacheco Koch' cop set for comer at the POINT OF BEGINNING,• in a southwesterly direction, continuing along said curve to the left, having a central angle of 04 degrees, 04 minutes, 55 seconds, c radius of 495.00 feet, a chord bearing and distance of South 60 degrees, O3 minutes, 34 seconds West, 35.26 feet, on arc distance of 3527 feet to a 112 -Inch iron rod with Pacheco Koch" cop four;d at the and of said curve; said point being the beginning of a reverse curve to the right, In a southwesterly direction, along sold curve to the right, having a control angle of 32 degrees, Ot minutes, 21 seconds, a radius of 405.00 feet, a chord bearing and distance of South 74 degrees, 01 minutes, 46 seconds West, 223.42 feet, an arc distance of 226.35 feet to a 112 -Inch Iron rod with 'Pacheco Koch" cop found ct the end of said curve; North 89 degrees, 57 minutes, 33 seconds West; a distance of 1096.36 feet to a 112 -inch iron rod with 'Pacheco Koch' cap found for comer, said point being the beginning of a tangent curve to the right; In a northwesterly direction, along said curve to the right, having a central angle of 54 degrees, 13 minutes, 48 seconds, a radius of 405.00 feet, a chord bearing and distance of North 62 degrees, 50 minutes, 39 seconds West, 369.18 feet, an arc distance of 383.33 feet to a 112 -inch iron rod with Pacheco Koch" cop found at the end of said curve; North 35 degrees, 43 minutes, 45 seconds West, a distance of 561.95 feet to a 112 -inch iron rod with Pacheco Koch' cop set for comer; THENCE, North 54 degrees, 16 minutes, 15 seconds East, departing said north line of Dividend Drive, a distance of 263.79 feet to a 112 -inch iron rod with 'Pacheco Koch' cop set for comer: THENCE, South 89 degrees, 57 minutes, 33 seconds East, a distance of 5.61 feet to a 112 -Inch iron roo with 'Pacheco Koch' cap set for comer; THENCE, North 00 degrees, 02 minutes, 27 seconds East, a distance of 50.00 feet to a 112 -inch iron rod with Pacheco Koch" cap set fcr comer; THENCF South 89 degrees, 57 minutes, 33 seconds East, a distance of 1$5.23 feet to a 112 -inch iron rod with 'Pacheco Koch' cap set for comer, THENCE, North 00 degrees, 02 minutes, 27 seconds East, a distance of 7720 feet to a 112- -inch iron rod with 'Pacheco Koch' cop set for corner: THENCE, South 89 degrees, 57 minutes, 33 seconds East, a distance of 1,565.75 feet to a 1,12 - -inch inn -, rod wits. ' Pucheco Koch' cap set for comer South 00 degrees, 02 minutes, 27 seconds West, a distance of 773.36 feet to a 112 -inch iron rod with Pacheco Koch' cop set for corner, THEINC" South 27 degrees, 53 minutes, 59 seconds East, a distance of 59.99 feet to the POINT OF BEOiNNWC; C3NriAiNMl' 1,575,695 square fret or 35.173 acres of land, more or less. EXHIBIT "A" Ntlld 3115lIV13CI a p SVX31 '.UNnoo Svllv4 '73dd00 30 )d10 p �� NOISNVdX3 IIA ISM 1NIOd v NOola 'z 10 !e 9 ® R R O 2 c xala Rx? ^. y �j �m �i �lj S d� j 6 ■ s ■ O� Roo 6 4 Z G I i Y t i l t #1i 1 '� •<<�rrtt.4ri Pit - -- - . wwwm` � H =4 =4= - H H.H H:H:�EE3H: H E-1.23 E �3H. H H:H a; ellf fill 1 i i t i EXHIBIT "B" _ z .�a0 "0 .HN Z z q OI $a U i '6 •• > S x W ° o a; ellf fill 1 i i t i EXHIBIT "B" ■ ! U` I ., /' §t7t e §, 9 E |' , |& &[ � �■ ■ EXHIBIT "C"