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OR 91500-A-664 Zoning Change for 3 Office Buildings on .75 acres located on the south side of west Bethel Road0 • AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-664 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 H (HISTORIC) TO PD -275-H (PLANNED DEVELOPMENT -275 -HISTORIC), TO ALLOW THE DEVELOPMENT OF THREE OFFICE BUILDINGS ON 0.751 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF WEST BETHEL ROAD, APPROXIMATELY 190 FEET WEST OF MAIN STREET AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, TREE SURVEY, AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS `B", "C", "D" AND "E" RESPECTIVELY; 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 -275-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 to grant a change in zoning from H (Historic) to PD -275-H (Planned Development -275 -Historic), to allow the development of three office buildings to be developed and used in accordance with the H (Historic) Zoning District on 0.751 acres of property located on the south side of West Bethel Road, approximately 190 feet west of Main TM 69306 Street, and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, subject to the development regulations adopted herein. SECTION 2. That PD -241R3 -C as provided herein is hereby approved subject to the following development regulations: A) That the property shall be developed and used only in accordance in the manner and for the purpose provided for by the H (Historic) District regulations, as contained in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and in accordance with the site place, building elevations and landscape adopted herein. B) Coordination with the COPPELL HISTORIC SOCIETY for placement of the historic marker on this site which shall be administratively approved by the Director of Planning to ensure that placement thereof does not pose a traffic or pedestrian impediment. C) That a Property Owners' Association shall be filed at time of Replat recordation to provide for maintenance and development of common areas and compliance with the regulations adopted. D) Building permit shall not be issued for any building contained within the currently Federal Emergency Management Agency (FEMA) regulations which define 100 -year flood plain unless the boundaries have been amended or revised in accordance. E) A tree removal permit is required prior to the removal of any trees. SECTION 3. This property shall be developed in accordance with the Site Plan, Landscape Plan, Tree Survey, and Building Elevations, attached hereto as Exhibits `B" "C" "D" and "E" respectively, and made a part hereof for all purposes and shall be development regulations, for the property described herein, TM 69306 • CJ 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. 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. TM 69306 DULY PASSED by the City Council of the City of Coppell, Texas, this the —�-16 day of 2014. T E. HAGER, CIWATTORNEY CHRISTEL PETTINOS, CITY SECRETARY TM 69306 ® LEGAL DESCRIPTION 03 WHEREAS, Chadick Capital, L.P., acting by and through the undersigned their duty authorized representative, is the owner of a 0.751 acre tract of land out of the James A. Simmons Survey, Abstract No. 1296, In the City of Copped, Dallas County, said 0.751 acre tract of land being a portion of that certain 1.371 acre tract of land conveyed to Chadick Capital, L.P. by deed as recorded M Volume 99114, Page 8117, Deed Records, Dallas County, Texas and being aff of that certain 0.380 acre tract of land conveyed to Chadick Capital, L.P. by deed as recorded in Document No. 20080248514, Official Public Records, Dallas County, Texas and being more particularty described as follows: BEGINNING at a 112 inch Iron rod found for comer at the northwest comer of Lot 1 R, Block A, Old Town Addition, an addMon to the City of Copped, according to the plat thereof recorded in Document No, 201200173120, Official Public Records, Dallas County. Texas, said point being the southwest corner of said 1.371 acre Chadick Capital, L.P. tract, same point being in the east line of Hammond Street (a 60.0 foot right-of-way) as recorded In Volume 81051, Page 3041, Map Records, Dallas County Texas; THENCE North 01 degrees 03 minutes 38 seconds West, along the east line of said Hammon Street, passing the southeast comer of that certain tract of land conveyed to P & V Mobile, LLC by deed as recorded in Document No. 201400070808, Official Public Records, Dallas County, Texas and continuing for a total distance of 99.60 feet to a 112 Inch iron rod set for comer, said point being the northwest corner of said 0.380 acre Chadick Capital, L.P. tract, same point being the south comer of that remainder tract of land conveyed to City of Coppoll by deed as recorded In Volume 2003094, Page 797, Deed Record, Dallas County, Texas; THENCE North 42 degrees 30 minutes 04 seconds, along the common line of said 0.380 acre Chadick Capital, L.P. tract and said City of Copped tract, a distance of 165.20 feet to a 1/2 inch iron rod set for comer, said point being the northwest comer of said 0.380 we Chadick Capital, L.P. tract, same point being the northeast comer of said City of Coppeli tract, said point being in the south tine of Bethel Road (a variable width right-of-way); THENCE Nath 89 degrees 19 minutes 58 seconds East, along the south fine of said Bethel Road, a distance of 66.74 feet to a 112 inch Iron rod set for comer, said point being the northeast caner of said 0.380 acre Chadick Capital, L.P. tract, said point being the most northerly northwest corner of said 1.371 acre Chadick Capital, L -P. tract; THENCE South 00 degrees 40 minutes 02 seconds East, along the common dna of said 0.380 acre Chadick Capital, L.P. tract and said 1.371 acre Chadick Capital, L.P. tract, a distance of 220.03 feet to a 1/2 inch Iron rod set for comer, said point being the southwest corner of said 0.751 ace tract of land being described, same point being In the north line of said Lot 1 R, Block A. Old Town Addition; THENCE South 89 degrees 18 minutes 49 seconds West, along the common line of said I. 1R, Block A, Old Town Addition and said 1.371 acre Chadick Capital, L.P. tract, a distance of 220.03 feet tothe POINT of BEGINNING and containing 32,714 acres or 0.751 acres of computed land. 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