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CC approval of ORD 7/11/00 T H ~~' · ,C I T Y 0 F' C-OPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: July 11, 2000 ITEM # ]/ ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-607(CH), zoning change from LI (Light Industrial) to R (Retail) on 8.7 acres of property located at the southeast corner of Sandy Lake Road and State Road, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL DA'[E TITLE: k~.J~k~Ct~.of Pla~trffng and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On June 13, 2000, City Council voted to approve this zoning change (6-1) with Councilman Keenan opposing. Staff recommends approval. DIR. INITIALS: k~,'~)t FIN. REVIEW: [,ID CITY MANAGER REVIEW: _gv Agenda Request Form ised 5/00 Document Name: ~607CH o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 R (RETAIL) FOR 8.7 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND STATE ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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. ZC- 607(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 R (Retail) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. 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. 1 34617 SECTION 3. 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 4. 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 5. 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 6. 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 7. 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. 2 34617 DULY PASSED by the City Council of the City of Coppell, Texas, this the !l ~ day of ~~,m~, 2000. APPROVED: CANDY SHEE~,~q,v - - -- / ATTEST: ~RY APPROV. Ed~ TO FORM'/ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 6/26/00) 3 34617 LEGAL DESCRIPTION BEING a tract of land situated in the Jesse Moore Survey Abstract No. 968, said tract being a part of that certain tract conveyed to L.H. Lacy Co., Trustee as recorded in Volume 80180, Page 3157, Deed Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod with an NDM plastic cap found for corner at the intersection of the south line of Sandy Lake Road (50 ft. ROW) with the east line of State Road (70 ft. ROW); THENCE N 89'00'27" E, along the south line of said Sandy Lake Road, a distance of 486.95 feet to a 1/2" iron rod found for corner, said iron rod being the most northerly northwest corner of OAKBEND ADDITION, an addition to the City of Coppell as recorded in Volume 91059, Page 1427, Map Records, Dallas County, Texas; THENCE S 00'17'26" E, departing said south line and along the west line of said Oakbend Addition o distance of 738.72 feet to a 1/2" iron rod found at the point of curvature of a non-tangent curve to the right having a central angle of 89'27'56", a radius of 40.00', a tangent length of 39.63', and a chard bearing of S 44'25'51" W - 56.30'; THENCE continuing with said curve to the right, an arc distance of 62.46 feet to a 1/2" iron rod found in the north line of said Oakbend Addition; THENCE S 89'09'49" W, along said north line a distance of 443.42 feet to a 1/2" iron rod found in the east line of the aforementioned State Road; THENCE N 00'34'35" W, along said east line, for a distance of 776.99 feet to the POINT OF BEGINNING and containing 8.65 Acres or 376,809 sq. ft. of land, more or less. ~IBIT "An L