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ORD approval by CC 1/13/04AGENDA REQUEST FORM COFFELL DATE: January 13, 2004 ITEM #: 7/J ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan to enlarge the Historic Overlay district to reflect the recommendation in the OM Coppell Master Plan, and zoning change for Case No. ZC-616(CH), Old Coppell (HO Designation), to modify the boundaries of the HO (Historic Overlay), including zoning changes on Tract 1 from PD-119-SF-9 (Planned Development-119-Single Family-9) to HO-PD-119-SF-9 on approximately 3.87 acres; Tract 2 from PD-108-LI and R (Planned Developmem-108-Light Industrial and Retail) to HO-PD-108-LI and HO-R on approximately 71.46 acres; Tract 3 from R (Retail) to HO-R on approximately 1.97 acres, Tract 4 from LI (Light Industrial) to HO-LI on approximately 3.88 acres, and authorizing the Mayor to sign. GOAL(S): ~ ~ EXECUTIVE SUMMARY: Date of P&Z Meetinm Deqision of P&Z (2ommission: N/A N/A APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-364 M - Suhy -Yo~ 'ote - 7-0 On April 17, 2003, the Planning & Zoning Commission approved these changes (6-0). On May 13, 2003, Council unanimously approved these changes (7-0). Staff recommends approval. Agenda Request Form - Revised 09/02 FIN. REVIEW: CM REVIEW: Document Name: ~LUPZC616(CH) ORD I-AR(C) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~/~'~O "~ --364 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 ON TRACT 1, FROM PD-119-SF-9 (PLANNED DEVELOPMENT-119-SINGLE FAMILY-9) TO HO-PD-119- SF-9 ON APPROXIMATELY 3.87 ACRES; TRACT 2, PD-108-LI (PLANNED DEVELOPMENT-108~LIGHT INDUSTRIAL) AND R (RETAIL) TO HO-PD-108-LI AND HO-R ON APPROXIMATELY 71.46 ACRES; TRACT 3, R (RETAIL) TO HO-R ON APPROXIMATELY 1.97 ACRES, AND, TRACT 4, LI (LIGHT INDUSTRIAL) TO HO-LI ON APPROXIMATELY 3.88 ACRES, BEING MORE PARTICULARLY DESCRIBED IN EXHIBITS "A", "B", "C" AND "D" AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN BY ADDING THE HISTORIC OVERLAY DESIGNATION TO THE TRACTS OF LANDS AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT "E", ON APPROXIMATELY 81 ACRES LOCATED GENERALLY NORTH AND SOUTH OF BETHEL ROAD AND EAST AND WEST OF COPPELL ROAD, AND ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; 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 planmng 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 heatings 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. ZC-616(CH) 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 Coppei1, Texas, duly passed by the goveming body of the City of Coppell, Texas, as heretofore amended, be 61606 and the same is hereby amended to grant a change in zoning Tract 1, From PD-119-SF-9 (Planned Development-119-Single Family-9) To HO-PD-119-SF-9 on approximately 3.87 acres; Tract 2, PD-108-LI (Planned Development~108-Light Industrial) and R (Retail) to HO-PD-108-LI and HO-R on approximately 71.46 acres; Tract 3, R (Retail) to HO-R on approximately 1.97 acres, and, Tract 4, LI (Light Industrial) to HO-LI on approximately 3.88 acres, being more particularly described in Exhibits "A", "B", "C" and "D" and further amending, in part, the Comprehensive Plan and Land Use Map thereof by adding the Historic Overlay designations on approximately 81 acres of property being more particularly described in Exhibit "E", attached hereto and made a part hereof for ail purposes. SECTION 2. That the property shall be used only in the manner and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. 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 4. That all provisions of the Ordinances of the City of Coppei1, 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 5. 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. 2 61606 SECTION 6. An offense committed before the effective date of this ordinance is governed by pr/or 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 7. 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 8. That this ordinance shall take effect immediately from and afl.er 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 2004. ROBERT E. HAGER.~JTY ATTORNEY (REH/cdb I/5/~ & Revised) AP O~ED:~ D~3! J~LXS~ STC] ER, MAYOR ATTEST: L-T~B Y'I~ATLL,~Y' S]~'~RETARY 3 61606 TRACT 1 ZC-616 (CH) FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the J.W. ANDERSON SURVEY, Abstract No. 18, in the City of Coppell, Dallas County, Texas, and being all of Lot 41, Block 1 of BIG CEDAR ADDITION, an addition to the City of Coppell according to the plat recorded in Volume 92125, Page 3455 of the Deed Records of Dallas County, Texas ( DRDCT ), and being more particularly described as follows: BEGINNING at a point for comer at the most northwesterly comer of said Lot 41, Block 1; THENCE along the westerly line of said Lot 41, Block 1 South 01 deg 34 min 18 sec West a distance of 205.04 feet to a point for comer at the most westerly southwesterly comer of said Lot 41, Block 1; THENCE departing the westerly line of said Lot 41, Block 1 and along the southerly line of said Lot 41, Block 1 as follows: South 83 deg 15 min 48 sec East a distance of 474.69 feet to a point for comer; South 04 deg 21 min 31 sec West a distance of 150.00 feet to a point for comer; South 85 deg 38 min 29 sec East a distance of 105.00 feet to a point for comer at the most southeasterly comer of said Lot 41, Block 1; THENCE departing the southerly line of said Lot 41, Block I and along the easterly line of said Lot 41, Block 1 as follows: North 09 deg 55 min 35 sec East a distance of 329.11 feet to a point for comer; North 34 deg 34 min 28 sec East a distance of 102.80 feet to a point for comer; North 01 deg 07 min 20 sec West a distance of 16.81 feet to a point for comer at the most northeasterly comer of said Lot 41, Block 1; THENCE departing the easterly line of said Lot 41, Block 1 and along the northerly line of said Lot 41, Block 1 South 89 deg 22 min 01 sec West a distance of 673.87 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 3.874 acres or 168,765 square feet of land, more or less. Bearings cited within this field note description are based on the MODIFIED FINAL PLAT of BIG CEDAR ADDITION, an addition to the City of Coppell as recorded in Volume 92125, Page 3455 ( DRDCT ). EXHIBIT A-1 21 20 8 19 iNT OF BE'~NNINGI DILLARD L~ANE BLOCK B COPPELL V!LLAGE VOL. 80247, PO. 0004 18 17 ( ORDCT ) ~6 673,87' LOT 41, BLOCK 1 PARK VOL. 92125, PG. 5455 3.874 AC. ( 168,765 SQ F7 ) S 83'~5'48~ E 474.69~ ~ JULIANNA O. OTTS VOL. 77009, PC. 2122 ( DRDCT ) 11 x 15 147 S 85',38'29" ...E._,d~ 105.00' N o 'o7'2o' w//-- - N 34'34 28 E 102.80' ANDERSON SURVEY, ABSTRACT NO. ~B1 C:TY OF COPPE'L DALLAS COUNTY, TEXAS CiTY 0? COP~EL 255 PARKWAY BOU'_EVARD COPPELL, TX 75019 ZONING EXHIBIT PDlI9SFg TO HO-~D1 9SF9 3.874 ACRES 1 OF LllilBIT A-2 TRACT 2 ZC-616(CH) FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEiNG a tract of land situated in the JAMES A. SIMMONS SURVEY, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, and being a portion ora tract of land conveyed to the City of Coppell as recorded in Volume 99203, Page 03079 of the Deed Records of Dallas County, Texas ( DRDCT ), and a portion ora tract of land conveyed to Elias R. Dragon and Ann M. Dragon as recorded in Volume 2001170, Page 02299 ( DRDCT ) and portions of Tract 1, Tract 2 and Tract 3 conveyed to the County of Dallas as recorded in Volume 91251, Page 5059 ( DRDCT ) and a portion of a tract of land conveyed to Baptist Foundation of Texas and being more particularly described as follows: -- BEGINNING at a point for comer at the intersection of the westerly right-of-way line of PARK ROAD ( variable width right-of-way ) and the southerly right-of-way line of BETHEL ROAD ( variable width right-of-way ); THENCE departing the southerly right-of-way line of said BETHEL ROAD and along the westerly right-of-way line of said PARK ROAD as follows: South 02 deg 35 min 11 sec West a distance of 520.69 feet to a point for comer; South 50 deg 27 min 36 sec West a distance of 42.40 feet to a point for comer; THENCE departing the westerly right-of-way line of said PARK ROAD South 89 deg 17 m in 30 sec East a distance of 79.71 feet to a point for comer; THENCE South 29 deg 26 min 52 sec East a distance of 325.67 feet to a point for comer; THENCE North 39 deg 59 min 55 sec East a distance of 178.63 feet to a point for comer; THENCE North 24 deg 02 rain 50 sec East a distance of 75.00 feet to a point for comer; THENCE North 39 deg 59 rain 55 sec East a distance of 446.02 feet to a point for comer; THENCE South 87 deg 20 min 24 sec East a distance of311.11 feet to a point for comer; THENCE North 20 deg 53 min 37 sec East a distance of 244.96 feet to a point for comer; THENCE South 88 deg 42 min 24 sec East a distance of 238.84 feet to a point for comer; THENCE South 20 deg 53 rain 37 sec West a distance of456.12 feet to a point for comer; EXHIBIT B-1 Page 1 of 3 TRACT 2 ZC-616(CH) THENCE North 84 deg 12 min 02 sec West a distance of 200.00 feet to a point for comer; THENCE South 23 deg 37 min 12 sec West a distance of 170.39 feet to a point for comer; THENCE South 65 deg 57 min 10 sec East a distance of 132.00 feet to a point for the beginning ora non-tangent curve to the left, said curve having a radius of 565.00 feet and a chord bearing South 15 deg 33 rain 28 sec West; CONTINUING along said non-tangent curve to the left through a central angle of 25 deg 05 min 54 sec for an arc length of 247.49 feet to a point for comer; THENCE South 89 deg 47 min 01 sec West a distance of 121.57 feet to a point for comer; THENCE South 11 deg 16 min 51 sec West a distance of 96.95 feet to a point for comer; THENCE South 09 deg 11 min 20 sec East a distance of 96.18 feet to a point for comer; THENCE South 00 deg 12 min 59 sec East a distance of 20.00 feet to a point for comer; THENCE South 11 deg 24 min 32 sec East a distance of 124.75 feet to a point for the beginning of a non-tangent curve to the left, said curve having a radius of 725.00 feet and a chord bearing South 79 deg 00 min 02 sec West; CONTINUING along said non-tangent curve to the left through a central angle of 05 deg 30 min 29 sec for an arc length of 69.66 feet to a point for comer; THENCE South 15 deg 38 min 23 sec East a distance of 317.32 feet to a point in the northerly right-of-way line of COTTON BELT RAILROAD ( 100 foot right-of-way ) for the beginning of a non-tangent curve to the right, said curve having a radius of 3420.07 feet and a chord bearing South 87 deg 13 min 24 sec West; THENCE along the northerly right-of-way line of said COTTON BELT RAILROAD as follows: Along said non-tangent curve to the right through a central angle of 00 deg 21 min 13 sec for an arc length of 21.11 feet to a point for comer; South 87 deg 45 rain 58 sec West a distance of 274.12 feet to a point for comer; South 87 deg 24 rain 00 sec West a distance of 284.94 feet to a point for comer; South 00 deg 50 min 50 sec East a distance of 2.18 feet to a point for comer; EXHIBIT B-1 Page 2 of 3 TRACT 2 ZC-616(CH) South 87 deg 32 min 08 sec West a distance of 1522.71 feet to a point for comer; THENCE departing the northerly right-of-way line of said COTTON BELT RAILROAD North 00 deg 10 min 03 sec East a distance of 1520.27 feet to a point for comer; THENCE South 87 dcg 22 rain 59 sec East a distance of 187.42 feet to a point for corner; THENCE North 00 deg 27 min 20 sec East a distance of 195.32 feet to a point for comer in the southerly right-of-way line of said BETHEL ROAD; THENCE along the southerly right-of-way line of said BETHEL ROAD as follows: South 88 deg 11 min 48 sec East a distance of 937.68 feet to a point for comer; South 88 deg 11 min 06 sec East a distance of 101.27 feet to a point for comer; South 88 deg 11 min 48 sec East a distance of 75.16 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 71.463 acres or 3,112,914 square feet of land, more or less. EXHIBIT B-1 Page 3 of 3 iL 0 o POINT OF BEGINNING S 87'20'24" E 31~.11'~ ~ ~r~: THE RESERVE VOL 99249, PG 00026 l ( DRDCT ) PARK ROAD (~¢,~ ,.-,~ ,,,_,.VARIABLE WIDTH G RACT ~ -"r~"'-'--'r-w^Y COUNTY OF DALLAS  v ( ORDCT ) S 02'35'11" W 520.69' ELIAS R DRAGON AND 71.46,.3 AC. ANN M D,~AOON 2001170/02299 ( 5,112,914 SQ, FT CITY OF COPP£LL VO~UM£ 99203, PAGE 03079 00'2T20" E ~95.32' 87'22'59" E 187 42' 8APT;ST FOUNDAT, 0N OF TEXAS N 00'10'03" E 1520.27' I C/Y OF CORPELL 255 PARKWAY 30UL~VARD COPP:~L, TX 75019 ZONING EXHIB[T PDiOSLI TO HO-PDIOSLI 71.463 ACRES F3HIBIT 8-2 TRACT 3 ZC-616(CH) FIELD NOTE DESCRiPTION STATE OF TEXAS COUNTY OF DALLAS BEING a tract of land situated in the JAMES A. SIMMONS SURVEY, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, and being a portion ora tract of land conveyed to Crescent Real Estate Equities LP by deed recorded in Volume 97092, Page 2789 of the Deed Records of Dallas County, Texas ( DRDCT ), and being a portion of a tract of land conveyed to Chadick Capital LP ( Chadick Tract ) by deed recorded in Volume 99114, Page 08117 ( DRDCT ) and being more particularly described as follows: BEGINNING at a point for comer at the most northeasterly comer of said Chadick Tract and in the southerly right-of-way line of BETHEL ROAD ( 50 foot right-of-way ); THENCE departing the southerly right-of-way line of said BETHEL ROAD and along the easterly line of said Chadick Tract SOUTH a distance of 234.00 feet to a point for comer at the most southeasterly comer of said Chadick Tract; THENCE departing the easterly line of said Chadick Tract and along the southerly line of said Chadick Tract WEST a distance of 366.00 feet to a point for comer at the most westerly southwesterly comer of said Chadick Tract; THENCE departing the southerly line of said Chadick Tract NORTH a distance of 234.00 feet to a point for comer in the southerly right-of-way line of said BETHEL ROAD; THENCE along the southerly right-of-way line of said BETHEL ROAD EAST a distance of 366.00 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 1.966 acres or 85,644 square feet of land, more or less. EXHIBIT C-1 I BETHEL ROAD [POINT ( 50' RIGHT-OF-WAY EAST 366.00' 'o ] CRESCENT REAL ESTATE EQU!TIES LP - I VOL 97092, PO. 2789 ~o ( DRDCT ) ~ VOL. 99114, PG. 08117 WEST 180.00' ( DRDCT .% ~- 1.966 ACRES rY O Z ( 85,644 SQ. FT. ) WEST 366.00' A CRESCENT REAL ESTATE EQUITIES LP VOL 97092, PO 2789 ( ORDCT Oesig~ WA~ EXHIBI~ C-2 TRACT 4 ZC616 (CH) FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS BEiNG a tract of land situated in the JAMES A. SIMMONS SURVEY, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to the City of Coppell by deed recorded in Volume 2003094, Page 797 of the Deed Records of Dallas County, Texas ( DRDCT , and being more particularly described as follows: BEGINNING at a point for comer at the intersection of the northerly right-of-way line of BURNS STREET (60 foot right-of-way) and the westerly fight-of-way line of COPPELL ROAD (65 foot right-of-way); THENCE departing the westerly right-of-way line of said COPPELL ROAD and along the northerly right-of-way line of said BURNS STREET South 87 deg 17 min 36 sec West a distance of 200.22 feet to a point for comer; THENCE departing the northerly right-of-way line of said BURNS STREET NORTH a distance of 851.99 feet to a point for comer; THENCE South 88 deg 51 min 31 sec East a distance of 200.04 feet to a point for comer in the westerly right-of-way line of said COPPELL ROAD; THENCE along the westerly right-of-way line of said COPPELL ROAD SOUTH 838.55 feet to the POINT OF BEGINNING; CONTAiNING within these metes and bounds 3.881 acres or 169,056 square feet of land, more or less. Bearings cited within this field note description are based upon a bearing of South 89 deg 01 min 04 sec East for the southerly right-of-way line of BETHEL ROAD as described in a deed to the City of Coppell recorded in Volume 2003094, Page 797 ( DRDCT ). EXHIBIT D-1 12/31/2003 15:55 FAX 9724907099 ~']NKEI,MANN & ASSOC. ~004 S 88'51'3t" E 200.04' LOT 2, BLOCK 1 I I 'o~ C TY OF COPPELL ~ °}.IvoL. 200.3094, PO. 797 ' ( DRDCT ) 0 5.881 AC. ~_["- ( 169,056 SQ. FT. ) ~ ol EL z EL O CITY OF COPPELL VOL. 99205. PC 5079 ( DRDCT ) IS 87'17'36" W 200.221 ( 60 RIGHT-OF-WAY ) IPOINT OF BEOINNiNGI E~A,_L,~S CC'U~'~~. ~EXAS ZONING EXHIBIT CITy OF COPPEU L] TO HO-LI 255 PAR'KWAY BOULEVARD 5.881 ACRES COPPELL. TX 750'9 SHEET 1 OF E~q~IBIT D-2