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OR 91-500-A-133 Zoning change to LI, Wireless Communications Antenna AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A133 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 "LI" (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) WITH SPECIAL CONDITIONS TO ALLOW A WIRELESS COMMUNICATIONS ANTENNA BE MOUNTED TO AN EXISTING T.U. ELECTRIC TOWER WITH AN ACCESSORY CABINET AT THE BASE OF THE TOWER, LOCATED ON THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED 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 goveming 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-1111 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 goveming body of the City of Coppell, Texas, as heretofore amended, be and the same is 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 wireless communications antenna be mounted to an existing T.U. Electric tower with an accessory cabinet at the base of the tower, located on the T.U. easement approximately 1,349 feet east of SH 121 Frontage Road, west of SS242 Royal Lane, along the north side of Sandy Lake Road, 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 to allow mounting -of the wireless communications antenna with an accessory cabinet is hereby granted subject the following special conditions: (A) The property shall be developed and used only in accordance with the Site Plan; and the landscaping shall consist of 13 two-gallon photinia plants, three feet on center, five feet high, arranged in a semi-circle around two sides of the accessory cabinet, as well as the frontage that faces Sandy Lake Road, 03) The landscaping shall be kept in a growing, healthy condition. SECTION 3. That the Site Plan attached hereto as Exhibit "B", 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 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 SS242 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, 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 heretofore amend.ed, 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ ~ day of Q~e~. ,1996. ~k GRAU, CITY~SEdRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 6/6/96) SS242 BEING o 37.,,~4' X 27.0' tract of land located in on existinG Texas Power & Light Co. eosment and being in Abstract No. 614, d. E. Holland Survey, Dallas County, Qnd being more pa~iculor~y described a8 foIIow~: Commencin9 et the intemection cente~ines of State High~oy 121 No~hbound Semice RoOd and Son~ Lake Rood (County Road 3044); ~ence South ~ 26' 54" East a di~ance of 1097.32 feet along the centerline of Sandy Lake Road; Thence South 8~ 50' 11" East · di~ance of t91.68 fee[ along the cente~ine of San~ Lake Road; ~ence No~h 01" 33' 2~ East o di~cnce cf 26.0 feet to the centerpoint of Texas Utilities Pole 20/3; Thence South 01' 53' 2~ West o dlst=nce of 5.81 feet from the centerpoin[ of Pole 20/5 to the POINT OF BEGINNING; ~e~ce No~h 8~ ~5' 00' West o di~ance of 18.67 feet to e corner: ~ence No~h 01' 35' 00' East o di~once of 27.00 feet to o comer; Thence South 8~ 25' ~ East · distance of 57.34 feet to · co~ne~; Thence South 01' 55' O~ West · d~stence of 27.0 feet teo comer; ~ence No~h 8~ 25' O~ West = distance of 18,67 feet to the POI~ OF BEGINNING end CO~NNING 1008 square feet or .0251 ocre tract of I~nd.