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OR 91500-A-597AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -597 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- 229 -LI (PLANNED DEVELOPMENT- 229 -LIGHT INDUSTRIAL) TO PD- 229R2 -LI (PLANNED DEVELOPMENT -229 REVISION 2 -LIGHT INDUSTRIAL), TO AMEND THE DETAIL SITE PLAN OF LOT 4R, TO ALLOW THE RETENTION OF THE EXISTING 12,500- SQUARE -FOOT BUILDING AND TO CONSTRUCT 252 CAR PARKING SPACES AND 60 TRAILER STORAGE SPACES WITH A MASONRY SCREENING WALL ON 6.9 ACRES OF PROPERTY LOCATED AT 849 FREEPORT Parkway AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR ATTACHED HERETO AS EXHIBITS `B" AND "C ", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIL,ITY 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 fiill 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- 229R2- 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 to grant a change in zoning from PD- 229 -LI (Planned Development- 229 -Light Industrial) to PD- 229R2 -LI (Planned Development -229 Revision 2- Light Industrial), to amend the Detail Site Plan of Lot 4R, to allow the retention of the existing 12,500- square -foot building and to constrict 252 car parking spaces and 60 trailer storage spaces TM 57005 with a masonry screening wall on 6.9 acres of property located at 849 Freeport Parkway for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: A. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500 -A -502, which is incorporated herein as set forth in full and hereby republished. SECTION 3. That the Detail Site Plan and Landscape Plan, attached hereto as Exhibits "B ", and "C ", respectively, and made a part hereof for all purposes, are hereby, approved. 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 fiill force and effect. 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. 2 TM 57005 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 day of , 2012. ZT E. HAGE1t ITY ATTORNEY (REH/cdb Review -� Revised 8/24/12) P ii 1 • TM 57005 LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS WHEREAS KTR COPPELL LLC is the owner of a tract or parcel of land situated in the S.A., and M.G. Railroad Survey Abstract No. 1439, Dallas County, Texas, and being all of Lot 4R, Block 1, of the replat of Minyard Addition, an addition to the City of Coppell as recorded in County Clerk File Number 20080094576, Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 —inch iron rod with cap stamped "Transystems Corporation" found for corner at the intersection of the south right —of —way line of Bethel Road (a variable width right —of —way) and the west right —of —way line of Freeport Parkway (a variable width right —of —way); said point also being the northeast corner of Lot 3R, Block 1, of said Minyard Addition; THNENCE South 01'24'00" West, along the west right--of—way lone of said Freeport Parkway, a distance of 754.97 feet to the POINT OF BEGINNING; said point being the southeast corner of said Lot 3, Block 1; THENCE South 01'24'00" West, continuing along the west right —of —way line of said Freeport Parkway, a distance of 730.25 feet to a 5/8" iron rod with yellow cap stamp "RPLS 4023" set for corner; THENCE North 88'36'00" West, departing the west right —of —way line of said Freeport Parkway, a distance of 411.00 feet to a 5/8" iron rod with yellow cap stamp "RPLS 4023" set for corner; THENCE North 01'24'00" East, a distance of 730.25 feet to a 5/8" iron rod with yellow cap stamp 'RPLS 4023" set for corner; THENCE South 88'36'00" East, a distance of 411.00 feet to the POINT OF BEGINNING, containing 300,133 square feet or 6.890 acres more or less. 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