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OR 91500-A-743 - ROMC S-1244-LIAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-743 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 S -1244 -LI (SPECIAL USE PERMIT -1244 - LIGHT INDUSTRIAL) TO S -1244R -LI (SPECIAL USE PERMIT -1244 REVISED -LIGHT INDUSTRIAL), TO APPROVE A REVISED SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS FOR THE EXPANSION OF THE ROLLING OAKS MEMORIAL CENTER, INCLUDING BUILDINGS, PLOTS AND MAUSOLEUM ON 27.698 ACRES OF PROPERTY LOCATED AT 400 FREEPORT PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE FULLY DEVELOPED SITE PLAN, SITE PLAN, OVERALL PLANTING PLAN, BUILDING ELEVATIONS AND PERSPECTIVE VIEW, ATTACHED HERETO AS EXHIBITS `B", "C", "D" AND "E" RESPECTIVELY; PROVIDING DEVELOPMENT REGULATIONS; 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 ofthe 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 -1244R -LI 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 S -1244 -LI (Special Use Permit - 1244 -Light Industrial) To S -1244R -LI (Special Use Permit -1244 Revised -Light Industrial), to TM 108337 1 approve a revised site and landscape plans and building elevations for the expansion of the Rolling Oaks Memorial Center, a cemetery, including buildings, plots and Mausoleum on 27.698 acres of property located at 400 Heartz Road and being more particularly described in Exhibit "A" attached hereto and made part hereof for all purposes, subject to special conditions. SECTION 2. That Special Use Permit 1244R -LI is hereby approved subject to the following special conditions: A. Except as amended herein and as provided in this Ordinance, the property shall be used and developed in accordance with the Special Use Permit zoned property as set forth in Ordinance 91500-A-488 which is incorporated herein as set forth in full and hereby republished. B. The development shall be in accordance with the Fully Developed Site Plan and Phase 2 Site Plan; Overall Planting Plan; and Building Elevations, and provisions included therein, attached hereto and made part of the ordinance. C. Future development of the site shall require a detailed plan, if not in strict accordance with concept plan. SECTION 3. That the Fully Developed Site Plan, Site Plan, Overall Planting Plan, and Building Elevations and all comments and notes set forth therein, attached hereto as Exhibits "B", C", "D" and "E" are made a part hereof for all purposes, and hereby approved as special conditions. 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. TM 108337 2 SECTION 6. 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 7. 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 ofthis ordinance as a whole, or any part or provision thereofother than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity ofthe Comprehensive Zoning Ordinance as a whole. SECTION 8. 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 9. 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 10. 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 ofthe City of Coppell, Texas, this the / MO day of So Ae 52019. 3 IiV 108337 ATTEST: 4ruviEL PETTINOS, CITY SEC TARY TM 108337 Exhibit A OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF DALLAS WHEREAS, THE CITY OF COPPELL. TEXAS: acting by and through the undersigned their duly authorized representative, is the owner of a27.698 -acre tract of land situated in the John Vest survey, Abstract No. 1508, Dallas County, Texas; said tract being all of Lot 1 R and Lot 3, Block A of the Rolling Oaks Memorial Center addition, an addition to the City of Coppell according to the replat recorded inInstrumentNo. 200900195932 of the Official Public Records of Dallas County, Texas; and being a part of that certain tract of landdescribedinSpecialWarrantyDeedto the City of Coppell recorded In Volume 2000242 Page 6802 of the Deed Records of Dallas County, Texas; said 27.698 -acre tract being more particularly described as follows: BEGINNING, at a 1/2 -inch iron rod with "NDM" cap found in the east right-of-way line of Freeport Parkway (a variable width right-of-way); said point being the southwest corner of that certain tract of land described in Special Warranty Deed to Stewart Family Living Trust recorded in instrument No. 20080196140 of the Official Public Records of Dallas County, Texas; THENCE. North 89 degrees, 43 minutes, 30 seconds East, departing the said east line of Freeport Parkway, along the south line of the said Stewart Family tract at a distance of 366.32 feet passing the southeast corner of the said Stewart Family tract and the southwest corner of Lot 1, Block 1 of Alford Media Addition, an addition to the City of Coppell, Texas according to the plat recorded in Volume 98078, Page 76 of the Deed Records of Dallas County, Texas, continuing in all a total distance of 1,189.97 feet to a 1/2 -inch iron rod found; said point being a southeast corner of said Lot 1 and in the east line of that certain tract of land described in Special Warranty Deed to Yes Companies EXP2, LLC, recorded in instrument No. 20160024177 of the said Official Public Records; THENCE, South 00 degrees, 35 minutes, 41 seconds East, along the said east line of Yes Companies EXP2, LLC tract, at a distance of 508.29 feet passing the southwest corner of Yes Companies EXP2, LLC tract and the northwest corner of that certain tract of land described in Quitclaim Deed to Yes Companies EXP2, LLC, recorded in instrument No. 201300112049 of the said Official Public Records, continuing in all along the west line of the second reference Yes Companies EXP2, LLC tract a total distance of 1,158.33 feet to a 5/8 -inch iron rod with "PACHECO KOCH" cap set for corner; said point being in the north right-of-way line of Ruby Road (a variable width right-of-way); THENCE, North 89 degrees, 38 minutes, 37 seconds West, along the said north line of Ruby Road a distance of 651.64 feet to a 1/2 -inch iron rod with "NDM" cap found for corner; said point being the southeast comer of Lot 2, Block A of said Rolling Oaks Memorial plat; said point being the beginning of a non -tangent curve to the right; THENCE, along the east line of said Lot 2, Block A the following three (3) calls: In a northeasterly direction and along said curve said curve to the right, having a central angle of 37 degrees, 39 minutes, 12 seconds, a radius of 29.33 feet, a chord bearing and distance of North 18 degrees, 49 minutes, 54 seconds West, 18.93 feet, an arc distance of 19.27 feet to a 1/2 -inch iron rod with "NDM" cap found for corner at the end of said curve; North 00 degrees, 00 minutes, 12 seconds West, a distance of 170.62 feet to 1/2 -inch iron rod with "NDM" cap found for corner; said point being the beginning of a non -tangent curve to the right; In a northwesterly direction and along said curve to the right, having a central angle of 51 degrees, 29 minutes, 54 seconds, a radius of 187.33 feet, a chord bearing and distance of North 35 degrees, 41 minutes, 55 seconds West, 162.76 feet, an arc distance of 168.38 feet to 5/8 -inch iron rod with "PACHECO KOCH" cap set for corner at the end of said curve; said point being the northeast corner of said Lot 2; THENCE, along the north line of said Lot 2, Block A the following five (5) calls: South 89 degrees, 59 minutes, 48 seconds West, a distance of 268.79 feet to 5/8 -inch iron rod with "PACHECO KOCH" cap set for corner; said point being the beginning of a non -tangent curve to the right; In a northwesterly direction and along said curve to the right, having a central angle of 58 degrees, 14 minutes, 54 seconds, a radius of 29.33 feet, a chord bearing and distance of North 60 degrees, 53 minutes, 07 seconds West, 28.55 feet, an arc distance of 29.82 feet to a 5/8 -inch iron rod with "PACHECO KOCH" cap set for corner at the end of said curve; North 31 degrees, 46 minutes, 01 seconds West, a distance of 32.43 feet to 'Y' cut in concrete found for corner; South 89 degrees, 59 minutes, 48 seconds West, a distance of 110.00 feet to "+" cut in concrete found for corner; said point being the beginning of a non -tangent curve to the right; In a northwesterly direction and along said curve, having a central angle of 51 degrees, 06 minutes, 15 seconds, a radius of 39.50 feet, a chord bearing and distance of North 64 degrees, 26 minutes, 53 seconds West, 34.08 feet, an arc distance of 35.23 feet to a "+" cut in concrete found for corner at the end of said curve; said point being in the said east line of Freeport Parkway; THENCE, North 00 degrees, 10 minutes, 13 seconds East, along the said east line of Freeport Parkway a distance of 771.65 feet to the POINT OF BEGINNING; CONTAINING: 1,206,506 square feet or 27.698 acres of land, more or less. s 2!' gooW | (§\ \ .) t/ \ / !!• @am,+zv me mnz. 99 Ga#2a, ow,w 9 gNmA 'ear eEONgga § ! 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