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CF-Confined-CS 970909AN 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 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 RESC~ AND TRAINING CENTER ON PROPERTY, LOCATED AT THE NORTHWEST CORNER OF COPPELL ROAD AND SOUTHWESTERN BOULEVARD, BEING MORE PARTICULARLY DESCRIBED IN EXIHRIT "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 EXIHRITS "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 Permi0 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: 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 mB", mc", and mDm, respectively. 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 mBm. SECTION 3. That the North and West Elevations, Structures No. 1-4 Elevations, and Irrigation Plan attached hereto as Exhibits "B", mC", and mDm 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, fu'm 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 frae 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 DULY PASSED by the City Council of the City of Coppell, Texas, this the --~-0 ;~ na ~aer- , 1997. day of A~OVED: ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: Page 3 OWNERS CERTIFIC4 TE WHEREAS. lhe Cily of Coppell, Texas is lhe owner of a 3.644 acre lrocl out o[ Ihe James ,fi. Simmons Survey, ~bslrocf No. 1296, Do#as Counly, Texas; said tract being comprised of o 2.338 acre Irocl described in deed to the Cily of Coppell. Texas and recorded m Volume 84216, Page 515 and a I.$06 acre Irocl described in deed fo fha City of Coppe11. Texas and recorded in Volume 84216, Page 517 of lhe Deed Records of Do#os County. Texas; said 3.644 acre frocl being more particularly described as follows: BEGINNING, Gl a I/2.inch iron rod wilh "Pocheco Koch" cop set of the inlersection of lhe north right.of, way line of Soulhweslern 8oulevard {o 90 foot wide right-of-woyJ Grid lhe west righl-of-woy line of Coppe11 Road {on 80 foot wide righl, of-woyJ; said poinl being fha southeast corner of so~d 2.338 acre tract; THENCE, Soulh 87 degrees, 20 minuleso 47 seconds West, along fha said north right, of. way line of Southweslern 8oulevord and fha south tine of said 2.338 acre tract, a distance of 505.14 feel to o I/2. inch kan rod found of the soulhwesl corner of said 2.338 froot; said point also being fha southeast corner of o Texas Power and Lighl frae! os described in deed recorded in Volume 85196. Page 2063 o1 the Deed Records of Do#os County, Texas; THENCE, North 02 degrees, 39 minules, 50 seconds West, deporting said norlh r~ght-of-woy line of Soufhweslern Boulevard and along lhe west line of said 2.338 acre tract and the eosl tine of said Dallas Power and Lighl Iracf; passing of a distance of 199. 71 Ihe florlhwesf corner of said 2.338 tract and lhe south wesl corner of lhe said 1.306 acre lracl, in ail a distance of 299.~1 feet to a I/2.inch iron rod found in lhe soulh right.of-way line of Ihe .SI. Louis 8 S.W. Railroad Ia 200 foot wide ri~lhl-of-woy at Ibis poinlJ; said point being the norlhwesl corner of the said 1.306 acre Irocl, said point als~ being the northeast corner of a Dallas Power and Lighl #act described in deed recorded in Volume 85196, Page 2058 of the Deed records of Dallas County, Texas; THENCE, Norlh 87 degrees, 20 minutes, I0 seconds Eosl, along fha said soulh righl.of, way line of the SI. Louis Grid S.W,. Railroad Iracf and lhe north line of said 1.306 acre tract, o dzsfance of 570.11 fee! fo a 'PK' nog set in fha cenferline of said Coppell Road; said poinl being the norlheosf corner of said 1.306 acre lroch THENCE, Soulh O0 degrees, 04 minules, 32 seconds East, along the said cenlerline of Coppell Rood, o distance of 100.55 feet to a 'PK' nail set for corner of lhe soulheas! corner of said 1.306 acre THENCE, South 87 degrees, 22 minules, 54 seconds Westo along lhe south line of said L306 acre tract, o dislonce of 50.02 feet to a I/2-inch iron rod with 'Pocheco Koch' cop scl in fha said west righl.of, way line of Coppell Rood; said poinl being the northeast corner of said 2.338 acre tract THENCE. South OI degrees, 19 minules, 29 seconds Wesl, along fha said west right-of-way line of Coppeff Road and eosl fine of said 2.338 tract, o distance of 199.66 feet fo fha POINT OF' BEGINNING; CONTAINING, 158,753 square feet or $.644 acres of land, more or less. O,