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CC approval of ORD-5/10/05AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: May 10, 2005 ITEM g: 14/H ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-617(cH) zoning change from HO-C (Historic Overlay-Commercial); HO-C-S- 1125R (Historic Overlay-Commercial-Special Us~ Permit- 1125 Revised); HO-R (Historic Overlay-Retail); HO-SF-7 (Historic Overlay-Single Family-7); HO-SF-12 (Histori~ Overlay-Single Family-12); HO-LI (Historic Overlay-Light Industrial); PD-119-HO-SF-9 (Planned Development-119-Historic Overlay-Single Family-9); PD- 108-HO-LI (Planned Development- 108-Historic Overlay-Light Industrial); PD- 10~R5 -HO-LI (Planned Development- 108R5-Historic Overlay-Light Industrial); PD-188-HO-C (Planned Development-l188-Historic Overlay-Commercial); PD- 197-HO-TH- 1/C (Planned Development- 197-Historic Overlay Townhome- 1/Commercial), and PD-206-HO-R (Planned Development-206-Historic Overlay-Retail) to the proposed zoning district H (HistOric), replacing the HO (Historic Overlay) district, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A APPROVED BY, CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-408 - Tunnell - York Vote - 7-0 On February 17, 2005, the Planning Commission approved (4-1) this zonint Borchgardt, Foreman, Kittrell and Reese voting in favor. Commissioner M: Hall and McCaffrey were absent. On March 8, 2005, Council unanimously approved this zoning change (7-0) change with Commissioners losevich opposed. Commissioners Staff recommends approval. Agenda Request Form - Revised 09/04 ocument Name: ~ZC-617(CH) ORD I-AR (Con) AN ORDINANCE OF THE CITY OF COPPELI~, TEXAS ORDINANCE NO. ~.-~ AN ORDINANCE OF THE CITY OF COPPELL, COMPREHENSIVE ZONING ORDINANCE AND M~ COPPELL, TEXAS, AS HERETOFORE AMENDED, BY IN ZONING FROM HO-C (HISTORIC OVERLAY- (HISTORIC OVERLAY-RETAIL); HO-SF-7 (HISTOt FAMILY-7); HO-SF-12 (HISTORIC OVERLAY-SINGLI~ LI (HISTORIC OVERLAY-LIGHT INDUSTRIAL) TO H II9-HO-SF-9 (PLANNED DEVELOPMENT-119-HISTO] FAMILY-9) TO PD-119-H (PLANNED DEVELOPMEN~I PD-108-HO-LI (PLANNED DEVELOPMENT-108-HIST( INDUSTRIAL) TO PD-108-H (PLANNED DEVELO FROM PD-108R5-HO-LI (PLANNED DEVELOP OVERLAY-LIGHT INDUSTRIAL) TO PD-108RS-H (PLA 108RS-HISTORIC); FROM PD-188-HO-C (PLANNEI HISTORIC OVERLAY-COMMERCIAL) TO DEVELOPMENT-188-HISTORIC); FROM PD-197-t DEVELOPMENT-197-HISTORIC OVERLAY-TOWNE TO PD-197-H (PLANNED DEVELOPMENT-197-HISTO! R (PLANNED DEVELOPMENT-206-HISTORIC OVERL H (PLANNED DEVELOPMENT-206-HISTORIC), ANI (HISTORIC OVERLAY-COMMERCIAL-SPECIAL USE TO H-S-1125R (HISTORIC-SPECIAL USE PERMI APPROXIMATELY 100 ACRES LOCATED ALONG C ROADS, AND MORE PARTICULARLY DESCRII] ATTACHED HERETO AND INCORPORATED HEREI~ PROVIDING A REPEALING CLAUSE; PROVIDI1~ CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVI FINE NOT TO EXCEED THE SUM OF TWO THOUSA~ FOR EACH OFFENSE; AND PROVIDING AN EFFECTP XAS, AMENDING THE aP OF THE CITY OF GRANTING A CHANGE EOMMERCIAL); HO-R ~IC OVERLAY-SINGLE FAMILY-12), AND HO- (HISTORIC); FROM PD- IIC OVERLAY-SINGLE -119-HISTORIC); FROM ;RIC OVERLAY-LIGHT ?MENT-108-HISTORIC); ¥1ENT-108R5-HISTORIC NNED DEVELOPMENT- DEVELOPMENT- 188- 'D-188-H (PLANNED IO-TH-1/C (PLANNED OME-1/COMMERCIAL) ',lC); FROM PD-206-HO- ~,Y-RETAIL) TO PD-206- ~ FROM HO-C-S-1125R ?ERM1T-1125 REVISED) F-1125 REVISED) ON DPPELL AND BETHEL ED IN EXHIBIT "A", FOR ALL PURPOSES; G A SEVERABILITY DING A PENALTY OF ID DOLLARS ($2,000.00) rE 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 a~d 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 aftbrding a full and fair hearing to all pioperty owners generally, and to all persons interested and situated in the affected area and in the vicinity th}reof, the said governing body is of the opinion that Zoning Application No. ZC-617(CH) should be approve:d, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance an~l Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITX~ 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 1 ~ 73069 hereby amended to grant a change in HO-C (Historic Overlay-Comfiaercial); HO-R (Historic Overlay- Retail); HO-SF-7 (Historic Overlay-Single Family-7); HO-SF-12 (Htistoric Overlay-Single Family-12). and HO-L1 (Historic Overlay-Light Industrial) to H (Historic); from PD-I19-HO-SF-9 (Planned Development-ll9-Historic Overlay-Single Family-9) to PD-I19-H (Planned Development-ll9- Historic); from PD-108-HO-LI (Planned Development-108-Historici Overlay-Light Industrial) to PD- 108-H (Planned Development-108-Historic); from PD-108R5-HO-~I (Planned Development-108R5- Historic Overlay-Light Industrial) to PD-108R5-H (Planned Development-108R5-Historic); from PD- 188-HO-C (Planned Development-188-Historic Overlay-Commercial) to PD-188-H (Planned Development-188-Historic); from PD-197-HO-TH-1/C (Planned D4~vetopment-197-Historic Overlay- Townhome-1/Commercial) to PD-197-H (Planned Development-l~7-Historic); from PD-206-HO-R (Planned Development-206~Historic Overlay-Retail) to PD-206-H (Planned Development-206-Historic), and from HO-C-S-1125R (Historic Overlay-Commercial-Special U!e Permit-1125 Revised) to H-S- 1125R (Historic-Special Use Permit-1125 Revised) on approximatelj( 100 acres located along Coppell and Bethel Roads, and more particularly described in Exhibit "A"i attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be used only in the man4er and the purpose provided in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore ~nended, and as amended herein. SECTION 3. That the above property shall be used only itl the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of C~ppell, as heretofore amended, and as amended herein. SECTION 4. That all provisions of the Ordinances of the Cityiof Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repeal4d, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force ~ effect. 2 73069 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, ihe same shall not affect the validity of this ordinance as a whole, or any part or provision thereof otk unconstitutional, illegal or invalid, and shall not affect the validity of th as a whole. SECTION 6. An offense committed before the effective rial er than the part so decided to be Comprehensive Zoning Ordinance of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinan~ e, 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 a~y of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the C{)mprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall he punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and eac continue shall be deemed to constitute a separate offense. SECTION 8. That this ordinance shall take effect immediatel, publication of its caption, as the law and charter in such cases provide. h and every day such violation shall from and after its passage and the DULY PASSED by the City Council of the City of Coppel[, Texas, this the __~.~, 2005. 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