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OR 91-500-A-175 Zoning change from "LI" to "LI-S.U.P." on a 2500sqft property AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A175 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),TO ALLOW A 120-FOOT-HIGH MONOPOLE WITH THREE ATTACHED OMNI WHIP ANTENNAE FOR WIRELESS COMMUNICATIONS AND A 200-SQUARE-FOOT EQUIPMENT CABINET ON A 2,500-SQUARE-FOOT SITE ON THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING SPECIAL CONDITIONS; 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 FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($:~,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- 1128 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 120-foot-high monopole with three attached omni whip antennae for wireless communications and a 200- square-foot equipment cabinet at the base of the monopole on a 2,500-square-foot site on the property described in Exhibit "A" , attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning for Special Use Permit for wireless communication tower and equipment 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, attached hereto as Exhibit "B", and made a part hereof for all purposes; (B) Property owner shall replace any planted landscape material which does not survive; (C) All telecommunication equipment, including the monopole, antennae and buildings, shall be removed from the site before July 1, 2002. 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 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, 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 from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSEDby~ the City Council of the City of Coppell, Texas, this the ~--/'/9 day of ~-~,~/tT~~ r" , 1997. 2 CAN~)y-SI-(E/~AN~ ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMI~FH, CITY ATTORNEY 3 PROPERTY DESCRIPTION BEING a part of the John E. Holland Survey, Abstract 614, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a point in the southwest corner of One Twenty-One Business Park, Phase I, an addition to the City of Coppell, Texas, recorded in the Map Records of Dallas County, Texas, on May 13, 1981, said point also being in the southeast right-of-way line of State Highway 121 and in the south line of the Thomas W. Cousy Survey, Abstract 317; THENCE, S 89° 26' 14" E, along the south line of One Twenty-One Business Park, Phase I, and along the south line of the Thomas W. Cousy Survey, a distance of 2527.60 feet to a point for corner in the centerline of Coppell Road; THENCE, S 00° 22' 46" W, along the centerline of Coppell Road, a distance of 2225.10 feet to a point for corner; THENCE, S 88° 10' 46" W a distance of 247.02 feet to a point for corner; THENCE, S 01° 01' 46" W a distance of 300.00 feet to a point for corner; THENCE, S 88° 10' 46" W a distance of 192.42 feet to a point for corner; THENCE, S 01 ° 47' 46" W a distance of 226.21 feet to a point for comer in the right-of-way of Sandy Lake Road; THENCE, S 89° 59' 46" W, along Sandy Lake Road, a distance of 696.34 feet to a point for corner; THENCE, N 00° 16' 16" E a distance of 25.00 feet to a point for corner; THENCE, N 89° 27' 14" W a distance of 227.74 feet to a point for corner; THENCE, N 00° 19' 14" W a distance of 1390.80 feet to a point for corner; THENCE, N 89° 30' 20" W a distance of 1571.55 feet to a point for corner; THENCE, N 00° 26' 46" E a distance of 894.40 feet to a point for corner in the southeast right- of-way line of State Highway 121; THENCE, N 43° 09' 46" E, along the southeast right-of-way line of State Highway 121, a distance of 636.20 feet to the POINT OF BEGINNING. EXHIBIT "A" EXHIBIT "B"