CC approval of ORD-12/13/94 ~~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: December 13, 1994 ITEM
ITEM CAPTION-'
Consideration and approval of an Ordinance for S-1066, to change the
zoning from SF-9 (Single Family-9) to SF-9-S.U.P., (Single Family-9,
Special Use Permit) to allow the construction of a church
approximately 1,056 feet from the southwest corner of MacArthur
Boulevard and Samuel Boulevard, at the request of The Church of Jesus
Christ of Latter-Day Saints, and authorizing the Mayor to sign.
STAFF CO~ENTS:
This zoning change was approved by Council on July 13, 1993.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT.$ AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL REVIEW: ~{~ CITY ~AGER REVIEW:~
A~eada Request Form - Re~ed 1/94
Pm 'goklcm*od' p=p~r ~ prk,.~r ~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
OROINANCE 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 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 PARTIC~Y DESCRIBED IN EXHIBIT"A" A~TACHED
HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN
ATTACHED 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 comer 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
AGG06001
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 fi-om 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 /~_~
day of ~.~x~ 1994.
AGG06091
APPROVED:
ATTEST:
LINDA GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER O. S~, CITY ATTORNEY
(PGS/ch 11-11-94)
AGG06091
EXHIBIT "A"
I.F~GAL 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 comer 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 comer;
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"
AGG06091
/ / ~1 /~ ~.. ~ ~"' "' ~'. ~"
i / '~1 /~/~ ........
........
~ t . -- ..~ . LOT i , BLOCK A
~"~'b~" ....... I ~ LATTER DAY SAINTS ADDITION
t.....,.~. PRESIDING BISHOP OF CHURCH OF JESUS CHRIST DOWDEY, ANDERSON
OF ~TTER ~Y ~INTS,A UTAH CORPORAT~N I~a~o