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ORD apprv'd by CC 1/13/04AGENDA REQUEST FORM COPPELL DATE: January 13, 2004 ITEM #: 7/1 ITEM CAPTION: Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from Light Industrial/Showroom to Mixed Use, and change the zoning for Case No. ZC-615(CH), from LI (Light Industrial) to HC (Highway Commercial) on 35.5 acres of property located east of MacArthur, south of Lake Vista Drive, and authorizing the Mayor to sign. GOAL(S): ~ ~: EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. Ct 91500-A-363 M ~ Suhy - York 'ote - 7-0 Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 15, 2003, the Planning & Zoning Commission unanimously approved these changes (7-0). On June 10, 2003, Council unanimously approved these changes (6-0). Staff recommends approval. DIR. REVIEW: REVIEW: Agenda Request Form - Revised 09/02 CM REVIEW: Document Narae: ~LUPZC615(CH) ORD bAR(C) AN ORDINANCE OF THE CITY OF COPPELL~ TEXAS 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 LI (LIGHT INDUSTRIAL) TO HC (HIGHWAY COMMERCIAL) ON APPROXIMATELY 35.5 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO MIXED USE DESIGNATION ON THE TRACT OF LAND AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE EXHIBIT "B", ON APPROXIMATELY 35.5 ACRES LOCATED EAST OF MACARTHUR, SOUTH OF LAKE VISTA, 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 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 goveming body is of the opinion that Zoning Application No. ZC-615(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 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 LI (Light Industrial) to HC (Highway Commercial) on approximately 35.5 acres of property being more particularly described in Exhibit "A" and further amending, in part, the Comprehensive Plan and the Land Use Plan 61607 thereof by changing the designation from Light Industrial/Showroom to Mixed Use designation on the tract of land as described herein, on approximately 35.5 acres of properly being more particularly described in Exhibit "B", attached hereto and made a part hereof for all 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 mnended, and as amended herein. SECTION 4. 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 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. SECTION 6. 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 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 2 61607 ,2004 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 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 ED: 0 L""~S~}I4. ST~vKI~R, MAYOR ATTEST: L-TI~B~ BALL~TTY gECRETfi~RY AP P (REH/cdb 1/2d~rReviewed & Revised) 3 61607 ~H£BIT A-I iz/ol/zoug 15:a/ FAX 97Z4907099 WINKELMANN & ASSOC. ~009 ~ ~ V~SrA m0oF_ VISTA RiDOE CAB F, PO 271 541 ACR LOT 2, BLOCK ~ R BouLEVARD ~2~ ~Ag, AR?HU T oF-WAY) ~ _ __ ~ IPOINT OF BECINNING~ EXHIBIT A-2