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OR 91-500-A-073 Zoning change to Single Family-9, Special use Permit, operation of Church AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A73 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 "SF-9" (SINGLE FAMILY-9) TO "SF-9 S.U.P." (SINGLE FAMILY-9 - SPECIAL USE PERMIT) FOR THE OPERATION OF A CHURCH, WITH SPECIAL CONDITIONS FOR THE PROPERTY LOCATED APPROXIMATELY 1,056 FEET FROM THE SOUTHWEST CORNER OF MACARTHUR BOULEVARD AND SAMUEL BOULEVARD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN A'ITACHED HERETO AS EXHIBIT "B"; 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. S-1066 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 "SF-9" (Single Family-9) to "SF-9 S.U.P." (Single Family-9 - Special Use Permit) for the operation of a church with special conditions for the property located approximately 1,056 AGG06091 feet from the southwest corner of MacArthur Boulevard and Samuel Boulevard, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the change in zoning for Special Use Permit for the operation of a church is hereby granted subject to the following special conditions: 1. A deceleration lane shall be constructed for the entrance into the property as shown on the Site Plan. 2. A sixteen-foot-width exit shall be constructed as shown on the Site Plan. 3. A sign shall be constructed on church property on the south side at Lakeforest Drive indicating that u-turns are prohibited onto Lakeforest Drive. 4. The entrance and exits into the property are to be marked with signs. 5. There shall be a minimum of 10% landscaping as required by City ordinance. 6. That the property shall be developed and used only in accordance with the Site Plan, attached hereto as Exhibit "B". SECTION 3. That the Site Plan as shown in Exhibit "B", attached hereto and made a part hereof for all purposes, be, and the same is 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 AGG06091 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. 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 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 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 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the ?~.:~ ayof , 994. AGG06091 APPROVED: TOM MORTON, MAYOR ATTEST: LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMIIH, CITY ATTORNEY (PGS/ch 11-11-94) AGG06091 EXHIBIT "A" LEGAL DESCRIPTION WHEREAS, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole, is the owner of that certain 3.527 acre tract of land in the Patience Piles Survey, Abstract 1137, Coppell, Dallas County, Texas, as described in that certain deed recorded in Volume 92230, Page 0337, described as follows: BEGINNING at a 5/8 inch iron pin found in the Southwest line of McArthur Boulevard, a dedicated 100 foot wide right-of-way for the common Northeast corner of aforesaid Latter-Day Saints tract and the plat recorded in Volume 92129, Page 3345-3351, Plat Records, Dallas County, Texas (P.R.D.C.T.); THENCE departing said McArthur Boulevard with said common line of Waterside Estates No. 2 and this tract, S. 27° 44'16" W., 422.75 feet to a 5" iron pin found at an angle point in said Waterside Estates No. 2 for the common Southeast comer of this tract and Northeast comer of the Meadows-Section Five, according to the plat recorded in Volume 84227, Page 2566-2573 (P.R.D.C.T.); THENCE departing said Waterside Estates No. 2 and with said line common to The Meadows-Section Five and this tract, N. 89° 16'19" W., 320.00 feet to a 5/8 inch iron pin found for corner; THENCE departing said The Meadows-Section Five, N. 23° 12'14" E., 567.66 feet to a 5/8 inch iron pin found in the aforementioned Southwest line of McArthur Boulevard; THENCE with said Southwest line, S. 62° 38'40" E., 329.98 feet to the place of beginning and containing some 3.527 acres of land. EXHIBIT "A" ~606091