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OR 91-500-A-176 Zoning change from "LI-S.U.P." at NW corner of Coppell Rd. & Southwestern Blvd. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A176 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 OF ZONING FROM "LI" (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO ALLOW A 16,800 SQUARE FOOT CONFINED SPACE RESCUE AND TRAINING CENTER ON PROPERTY, LOCATED AT THE NORTHWEST CORNER OF COPPELL ROAD AND SOUTHWESTERN BOULEVARD, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE NORTH AND WEST BUILDING ELEVATIONS, STRUCTURE NO. 1-4 ELEVATIONS AND IRRIGATION PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Case No. S- 1130 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 are hereby amended to grant a change in zoning from "LI" (Light Industrial) to "LI-S.U.P." (Light Industrial, Special Use Permit) to allow a 16,800 square foot confined space rescue and training center on property, located at the northwest corner of Coppell Road and Southwestern Boulevard, being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Page 1 SECTION 2. That the above change in zoning is hereby granted subject to the following development conditions: 1. The property shall be developed and used only in accordance with the North and West Elevations, Structure No. 1-4 Elevations and Irrigation Plan attached hereto as Exhibits "B", "C", and "D", respectively. 2. The property shall be screened with a chain-link fence 6 feet in height with landscaping as specified on the North and West Elevation, attached hereto as Exhibit "B". SECTION 3. That the North and West Elevations, Structures No. 1-4 Elevations, and Irrigation Plan attached hereto as Exhibits "B", "C", and "D" respectively, and made a part hereof for all purposes, be, and the same are hereby approved. SECTION 4. 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 5. That all provisions of the Comprehensive Zoning Ordinance 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 6. 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 7. That an offense committed before the effective date of this ordinance is governed by the 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 8. 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 hereto amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. Page 2 D~Y PASSED by the City Council of the City of Coppell, Texas, this the ~/) day of ~-~?.0~/~ol-~°- ,~ , 1997. A/~VEE '~ ~ ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMI) , C~ITY ATTORNEY Page 3 OWNERS CERTIFICATE WHEREAS, the CUy of Coppell, Texos is the owner of o 3.644 ocre lrocl Dui of the Jqmes A. Simmons Survey, Abslroct No. /296, Do#os Counly, Texos; soid troct being comprised of o 2.338 Dore #oct described in deed Io the C/fy of Coppell, Texos ond recorded in Volume 84216, Poge 513 ond o 1.306 ocre lrocf described in deed fo the C/fy of Coppell. Texos ond recorded in Volume 84216, Poge 517 of the Deed Records of Doflos Counly, Texos; sold 3.644 ocre lrocl being more porficulor/y described os follows: BEGINNING, ol o I/2-inch iron rod wilh "Pocheco Koch" cop sel of the inlerseclinn of the north righf-of-woy line of Soufhweslern Boulevord ID 90 foot wide righl-of-woy! ond the wesl righl-of-woy line of Coppe/I Rood 80 fool wide righf-of-woy]; sold point being the soufheost corner of sold 2.338 ocre lroct; THENCE, Soulh 87 degrees, 20 minutes, 47 seconds West, olong lhe sold north righf-of-woy line of Southweslern Boulevord ond lhe south line of said 2.338 Dore lrocf, o distance of 505. I4 feet 1o o I/2-inch iron rod found lhe soulhwesl corner of sold 2.338 frocl; said point o/so being lhe soulheosl corner of o Texos Power ond Lighl /rocf o$ described in deed recorded in Volume 83196, Poqe 2063 o! the Deed Records of Do#os County, Texo$; THENCE, North 02 degrees, 39 minu/es, 50 seconds West, deporting soid north right-ot-woy line of ~oulhweslern Boulevqrd ond dong lhe west line of sold 2.338 ocre lracf ond lhe eqst line of sold Dol/os Power ond Lighl froct: passing of o disfonce of 199. 7/ lhe norlhwesf corner of sold 2.338 lrocf ond the soulh wesl corner of the soid L306 Dore lrocf, in oll o distonce of 299..71 feet to o I/2-inch iron rod found in lhe south righl-of-woy line of the sr. Louis 8 $.W. Roilrood [o 200 foot 'wide righl, of-woy at Ibis poinf]; said point being the norlhwesl corner of the sold 1.306 ocre tract, sold point ols~ being the norlheosl corner of o Do#os Power ond Light lrocl described in deed recorded in Volume 83196, Poge 2058 of the Deed records of Do/IDs County, Texos; THENCE, North 87 degrees, 20 minules, I0 seconds Eosf, olong the so/d south righl-of-woy line of lhe St. Louis ond S.W,. Ro/Irood lrocl ond lbo norlh line of sold 1.306 ocre lrocl, c d~sfonce o! 570. fl feet lo o "PK" noil set in lhe cenlerline of sold Coppell Rood; said point being the norlheosl corner of sold 1.306 ocre lroch THENCE, Soulh O0 degrees, 04 minules, 32 seconds Eost, dong the sold cenler/ine of Coppefl Rood, o dislonce of 100.55 feet to o "PK" nail sel for corner al lhe soulheosf corner of sold 1.306 ocre froch THENCE, Soulh 87 degrees, 22 minules, 54 seconds West, dong lhe south line of sold 1.306 ocre froct, o dislonce 50.02 feet to o I/2-inch iron rod with "Pacheco Koch" cop sel in the soid wesl righl-of-woy line of Coppell Rood; said point being lhe northeost corner of soid 2.338 ocre lrocf THENCE, $oulh OI degrees, 19 minutes, 29 seconds West, olong lhe sold wesl righl-of-woy line of Coppell Rood and eosl line of soid 2.338 troct, o distonce of 199.66 feet fo the POINT OF BEGINNING; CONTAINING, 158,753 square feet or 3.644 acres of /ond, more or less. EXRIBIT "A" EXHIBIT