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CC approval of ORD on 2/13/2007 THE.CITY.OF DEPT: PLANNING DATE: February 13, 2007 ITEM #: 10/H AGENDA REQUEST FORM COPPELL D WORK SESSION lZJ CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. ZC-621-H(CH) amending the Land Use Plan designation from Light Industrial/Showroom to Historic and zoning change from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property located along the east side of Hammond Street. north of Burns. being a portion of the property commonly referred to as the Carter Crowley Tract. and authorizing the Mayor to sign. GOAL(S): g EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On December 21.2006. the Planning and Zoning Commission unanimously recommended approval of both requests (7-0). APPROVED BY CITY COUNCIL ON ABOVE DATE On January 9.2007. Council unanimously approved both requests (6-0) . Councilmember Tunnell was absent. Motion to Approve Ord. # 91500-A-452 Staff recommends APPROVAL. M - Faught S - Franklin Vote - 7-0 . .tA Libby Ball 2007.03.07 10:12:08 -{)6'OO' @ZC-621(CH) ORD. (Con) l-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. Cf/Soo- 11- 4S-z. 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 H (HISTORIC) ON 17.2 ACRES OF PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE DESIGNATION FROM LIGHT INDUSTRIAL/SHOWROOM TO HISTORIC 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 17.2 ACRES OF PROPERTY LOCATED ALONG THE EAST SIDE OF HAMMOND STREET, NORTH OF BURNS, 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 governing body is of the opinion that Zoning Application No. ZC-621(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 ofCoppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from LI (Light Industrial) to H (Historic) on approximately 17.2 acres of property being more particularly described in Exhibit "A" and further amending, in part, the Land Use Map of the Comprehensive Plan by changing the 1 TM 13230.2.000 designation from Light IndustriaVShowroom to Historic designation on the tract of land as described herein, on approximately 17.2 acres of property 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 amended, 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 TM 13230.2000 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. DUL Y PASSED by the City Council of the City of Coppell, Texas, this the J 3~ day of ~~'2007. ATTEST: ~ . /2K-Ll ~ B BAW:ITY SECRETARY 3 TM 13230.2.000 Tract 1 Being the 17.2 acre portion (Tract 1) out of the 22.18 acre tract defined below. IIHD?E"AS; City of Cappel I Is the owner of a 22.1806 acnJ tract of lond sItuated In the James A. S1mmon/t Suney. Abstroct No. 1296, CIty of Cappell, Dollas County. Te1fas; <<lid tract being part of a tract of land descrlbed In deed to City of CoppMl recorrJfJd In VoIiJme 200J094, Page 797 of the Deed Records of Dallas County. T/txos; /told 22.1806 acre tract being more particularly described as follows: BEGINNING, at C roHrood ttp/ke found for comer, sold point being In the south right-of-way line of Bethel Rood (0 50 ((,.7t right-af-woy); sold point olso being the f'orthwest comer of that certain 0.272 acre tract of land described In deed to Jalal Khorami recorded In Volume 95082. Pagett 259-267 of the Deed Records of DoIlas County. Texas; THENCE. Due South, departing said ItOUth right-of way line of Bethel Rood along the _t line of the following tracts of land con"qed to Jalal Khorami, Volume 95082, Pages 259-267; AIltlf1 CA>zbya, no recording information, Prob. 3.J61/9, CO-DC, Deed flied 02/19/03; Jewel J. KIrl<land Est., Volume 89082, Page /OS3; and Robert and Caraljn J. Howard, Volume 2002049, Page 10464; a dIstance of 379.97 fHt to 0 ]I Inch Iron rod W';-PACHECO KOCH" cop SlIt for comer; sold point being at the southwest comer of a 0.442 acre tract of land described In deed to Robert and CoraIjn J. Howard recorded In Volume 2002049, Page /0464 of the Deed Records of DoIlos County. Texos; THENCE, Due Ef1f;t. a dIstance of /45.00 feet to 0 J/8 Inch Iran rod found for comer; said point being at the southeast comer of sold /-.',''IfOrd tract and also bt1lng In the wellt right-of-way line of Cappel I Rood (a 65 foot right-of woy); THENCE, Due South, along sold west right-of-way line, a dlstonce of 922.54 fHt to a ]I Inch Iron rod found for comer; /I01d point being at the intersection of saId west right-of-woy line of Cappell Rood and the north right-of-way line of Bums St,..t (a 60 foot right-of-woy); THENCE, South 87 degrtHfS /7 minutes 36 seconds West, departing sold west right-of-way line of Cappell Rood and oIong sold north right-of-way line, 0 distance of 877.98 fHt to 0 H Inch Iron rod found for comer; sold point being at the intersection of the north right-of-way 11n" of Bums StrHt and the east right-of-way line of Hammond Strftt (a 60 foot right-of-way); THENCE, North 01 degrees /7 mInutes 26 seconds East, departIng sold north right-of-way (fne of Bums St,..t and along sold ~!'t right-of-wc)' line of Hammond StrHt, 0 dIstance of 1/33.62 fHt to 0 3/8 inch Iron rod found for comer; sold point being at t.~- ~(lU~!:'!!'t::;t :;:;.-r;rir u, (J i.VlJII acre tfr.-~ of land described in deed to Chadick Co.oital IP'"c~r;!c:! in Vvi,.fM, ~91;4, Page 8117 of the Deed Records of Oaf/as County. Texos; THENCE, South IW degrtfflS 5/ minutes 40 s<>eonds East, a distance of 551.24 ;""t '" ;;: % :.~C}; 1.-:::- .",:,<1 W,/"PACHEC.J KOCH" cap s..t for comer; said point beIng '1t the southeast comer of a 0.546 ac~ tract of land described in deed to Khosravf Hassan ~cordf.'d In Volume 987//; Pag" 420 of the O~d Recc.rds of Oaf/as County. Texas; TH:=:NCE, North 01 degf't!f1s 06 mlnutt!s 5/ seconds East, a dIstance of 224.70 fHt to a ]I Inch Iron rod W/"PACHECO KOCH- cap set for comtor; said paInt beIng h thtl saId south right-of-way ((ne of Btlthel Rood; THENCE, South &' degrees 51 minutes 40 seconds East, along sold south right-or-way ((ne of Bethel Rood a dllltance of 151.00 feet to the Po.NT OF BEGINNING,' CONTAINING. 966,187 square fHt or 22./806 acres of land, more or less. ~U_J SLLJ~ LUmLJtLllJ:=l ~LLU_ 8ET HEL ROAD --il=- I -~I J_-"-c .1_J 1 ~ I ~ I -- I j! I :!" . Q _J TRACT , :::=.:.::=---~---~ '~---------------- \ I _____1 \~ I EXHIBIT "A" CT ~ o == SPANISH MOSS ~~ C}. iREE KA~ST SADDLE ,..."" LN """' ~ COOPER LANE CI) ~ w ~ ~ 0 l/) COZBY AVE. :c l/) z ~ 0 BROOK LAN. (l. 81 (.l w li! 0 z ~ <C DILLARD LN -' 0 I- CI) I- <( (.l 0 Z z ~ ::::; w -' ~'(>,,-OCK 0 LN ~ t; w ~ :c -, rl~- [1--- - [~--~6_ BLVD. ~ ~ ~ ~ TARA ~ TRL ~ ;::: CARRlAGf era. a: o ,,-otP cP" ~ '(>&~ t z -' CI) ir ~ :c l/) w ;i. :t rr I- Z ::> o (.l Legend 0.., HIstoric - Flood Plain - FI'Il8WlIY Commercial F I'Il8WlIY Office D Ughllndustrial Showroom - Mixed Use - Regiooal Retail D Neighborhood Retail - Residential High Density D Residential Medium Density D Residential Low Density Public Institutional - Park Open Specs + Historic District Boundary Extension From Light Industrial Showroom to Historic EXHIBIT "B" COPPELL , ,