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OR 91-500-A-132 Zoning change to LI, Wireless Communications Antenna AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A132 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 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 ail property owners generally, and to ail persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1110 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 "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 south of Cotton Road, approximately 1,346 feet east of Royal Lane, SS241 and being more particularly described in Exhibit "A" attached hereto and made apart 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 to 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 25 two gallon photinia plants, three feet on center, five feet high, arranged in a circle around all sides of the accessory cabinet; 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 SS241 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~m 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 L'mlSA hY u, city S£CP. ETArt¥ PETER G. SMITH, CITY ATTORNEY (PGS/ttl 616196) $S241 LEGAL. DESCRIPTION BEING a 17.0' x 29.0' tract of land located in on existing Texas Power & Light Co. easement Gild being in Abstract No. 1555, Joel Wilson Survey, 0alisa County, end being further described os follows: Commencing ct the intersection centerlines of Cotton Rood and Old Radio Rood (Rays! Lane); Thence South 89' 47' 11' East a distance of 1765.00 feet along centerfine of east Cotton Road. Thence South 00' 52' 2g" West a dietance of 51.0 feet to the centerpoint of Texas Utilities Pale 5/10; Thence North 89' 47' 11' West o distance of 4.0 feet from the centerpoint of Pole 3/10 to the POINT OF BEGINNING; Thence North 00' 12' 29' East o distance of 7.67 feet to a I~oint, uhere said point iea south boundary of Cotton Road, for a corner; Thence South 89* 47' 11" East a distance of 17.0 feet to a corner;, Thence South 00' 12' 49' West a distance of 29.0 feet to a comer; Thence North 89' 47' 11' West o distance of 17.0 feet to a comer; Thence North 00' 12' 4g" East a distance of 21.53 feet to the PONT OF BEGINNING end CONTAINING 49,~ square feet or .011,~ acre tract of land.