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OR 91500-A-599AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -599 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 -250- H (PLANNED DEVELOPMENT - 250- HISTORIC) TO PD- 250R6 -H (PLANNED DEVELOPMENT -250 REVISION 6- HISTORIC), TO ESTABLISH A DETAIL SITE PLAN FOR A 5,034- SQUARE -FOOT A REPLICA GAS /SERVICE STATION FOR THE PURPOSE OF A RETAIL OR RESTAURANT USE ON 0.19 ACRES OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF WEST MAIN STREET AND HOUSTON STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS `B ", "C" AND "D "; PROVIDING FOR DEVELOPMENT REGULATIONS; 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 frill 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- 250R6- H 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 PD -250 -H (Planned Development- 250- Historic) to PD- 250R6 -H (Planned Development- 1 TM 57007 250 Revision 6- Historic), to establish a Detail Site Plan for a 5,034- square -foot retail /restaurant building on 0.19 acres of property located on the southwest corner of West Main Street and Houston Street, on property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That PD- 250R6 -H (Planned Development- 250- Revision -6- Historic) is hereby approved subject to the following development regulations: a. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as codified in Chapter 12, Article 28A of the Coppell Code of Ordinances. b. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance as set forth in PD- 250 -H, Ordinance No. 91500 -A -564, which is incorporated herein as set forth in full and hereby republished. c. A replica gas /service station for the purpose of a retail or restaurant use may be constricted on the property in substantial compliance with the Site Plan, Landscape Plan and Elevations as depicted in Exhibit B, C, and D. SECTION 3. That the Site Plan, Landscape Plan and Elevations, attached hereto as Exhibits "B ", "C" and "D" made a part hereof for all purposes, as developed regulations, are hereby approved. SECTION 4. That the 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. 2 TM 57007 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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. SECTION 7. 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 8. 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 9. 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. 3 TM 57007 SECTION 10. 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 // 77L day of 2012. APPROVED: ATTEST: C RISTEL PETT , CITY SEC ARY 4 TM 57007 LEGAL DESCRIPTION EXHIBIT "A" 0.194 ACRES BOUNDARY EXHIBI T STATE OF TEXAS COUNTY OF DALLAS Being a (8,450 square feet) 0.194 acre tract of land, situated in the James A. Simmons Survey, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, being all of Lot 1 R, Block D, Old Town Addition, Replat, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201200173120, Official Public Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set at the northeast corner of said Lot 1 R, Block D, said point being at the intersection of the west line of West Main Street (a variable width right -of -way) and the south line of Houston Street (a variable width right -of -way) as dedicated by Old Town Addition, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201100074924, Official Public Records, Dallas County, Texas; THENCE South 01 degrees 47 minutes 53 seconds East, along the west line of said West Main Street, a distance of 110.11 feet to 1/2 inch iron rod set for corner, said point being the southeast corner of said 0.194 acre tract of land being described, same point also being the northeast corner of Lot 2R, Block D, Old Town Addition, Replat, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201200173120, Official Public Records, Dallas County, Texas; THENCE South 88 degrees 12 minutes 07 seconds West, departing the west line of said West Main Street and along the common line of said Lot 1 R and said Lot 2R, Block D, a distance of 95.00 feet to 1/2 inch iron rod set for corner, said point being the southwest corner of said 0.194 acre tract of land being described, same point being in the east line of Lot 9R, Block D, Old Town Addition, Replat, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201 2001 731 20, Official Public Records, Dallas County, Texas, said point also being the northwest corner of said Lot 2R, Block D; THENCE North 01 degrees 47 minutes 53 seconds West, along the common line of said Lot 1R, Block D and said Lot 9R, Block D, a distance of 37.50 feet to 1/2 inch iron rod set for corner, said point being the most southerly northwest corner of said 0.194 acre tract of land being described, same point also being in the south line of Lot 11 R, Block D, Old Town Addition, Replat, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201200173120, Official Public Records, Dallas County, Texas; THENCE North 88 degrees 12 minutes 07 seconds East, along the common line of said Lot 1R, Block D and said Lot 11R, Block D, a distance of 27.69 feet to 1/2 inch iron rod set for corner, said point being the most easterly southeast corner of said Lot 11 R, Block D; THENCE North 01 degrees 47 minutes 53 seconds West, along the common line of said Lot 1 R, Block D and said Lot 11 R, Block D, a distance of 72.61 feet to 1/2 inch iron rod set for corner, said point being the most northerly northwest corner of said 0.194 acre tract of land being described, same point being the northeast corner of said Lot 11 R, Block D, said point also being in the south line of said Houston Street; THENCE North 88 degrees 12 minutes 07 seconds East, along the south line of said Houston Street, a distance of 67.31 feet to the POINT of BEGINNING and containing 8,450 square feet or 0.194 acres of computed land. &"Ia-z-. William P. Price Registered Professional Land Surveyor No. 3047 E OF T NOTES: 1. IRF - IRON ROD FOUND 2. IRS - IRON ROD SET 3. Basis of Bearing - Subject Plat 4. C-M. = CONTROLLING MONUMENT J047F Fop �9 Fo s •.1R ............. . 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