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OR 91-500-A-094 Zoning - LI-SUP for Microwave Telephone Antenna AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A94 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 S.U.P." (LIGHT INDUSTRIAL SPECIAL USE PERMIT) TO 'LI S.U.P." (LIGHT INDUSTRIAL SPECIAL USE PERMIT) FOR A MICROWAVE TELEPHONE ANTENNA, WITH A SPECIAL CONDITION FOR PROPERTY LOCATED ON THE EAST SIDE OF ROYAL LANE, APPROXIMATELY 990 FEET SOUTH OF THWEATT ROAD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY 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 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-1097 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 S.U.P." (Light Industrial - Special Use Permit) to "LI S.U.P." (Light Industrial - Special Use Permit) to allow for a microwave telephone antenna with a special condition for AGG07'~O0 property located on the east side of Royal Lane, approximately 990 feet south of Thweatt Road, 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 to allow for a microwave telephone antenna, is hereby granted subject to the following special condition: 1. The property shall be developed and used only for an one hundred foot (100') microwave telephone antenna in accordance with the Site Plan and Site Elevations attached hereto as Exhibits "B" and "C". SECTION 3. That the Site Plan, as shown in Exhibit "B" and the Site Elevations as shown in Exhibit "C", 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 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 shah 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 2 AGG07300 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 from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY P~SSED by the City Council of the City of Coppell, Texas, this the /~ dayof .~ ~-"-,~...~, 1995. APPROVED: 'JTOM MORTON, MAYOR ATTEST: LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: (PGS/ct 8-23-95) 3 AGGO'r'~O0 ~tt~¢hed to at. .de a part of that 'cercai~l I -~ Agreement dated ~//~./9[ by an~ between Hager Containers, In~. LESSOR, and Dallas SMSAILi~ited Partnermhip, LESSEE. BE~G a' t~a~t of land~: ~'f~uate~ f~ the 3es~e M~ ~u~veye Abstract ~o. 968 in the ~ity of CoP~ll, Dallas County, Texas ag4 ~so ~lng part of 'a 20 acre ~act of land a. described in de~ to' Connell Development Company in Vol~e 83219, Page 2674 of '~e ~ed Records of County, Texas, ~so kno~ as Hager Confiners A~dition, an addition t~ the City of Coppe~l, T~as, according to the Plat thereof record~ I. vol~e ~~, Page ~, Plat ~R~ords of Dalla~ County, Texa~, an~ ~in~ more p~rticu~arly line of Sandy Lake Roal (Thweatt Road) (a 50 right-of-~y) wi~ the Son,easter Iy line of State Highway 121 (a 100 foot right-of-way), said point also ~ing ~ Not,west Gorner of a 30.$08 a~re tract of land as described in deed to B~er & Associates Joint venture No. 7 in Volume-85~13, Page 4136 of ~e Deed Records of Dai~s County, Texas; ~BNCE East, 941.84 feet along the South line of Sandy lake Road to a-point for corner; THENCE South 0" 1i' 00" East, 993.06 f~et.lemving the sai6 South lime of Sandy Lake Road-and along a mutual Boundary Line Agreement as recoraed In Voi~e 85013, Page 4129; THENCE North 89" 49' 00" ~st, 50.00 feet to the POINT 0F B~GI~XNG~' an iron .pin~3~or co~er;. for corner; T~ENCE South 0" 11~ 00',East, 336.65 feet to an iron pin for cor~er; THENCE South 89" 58' 20~ West, 606.12 feet to an iron pin for coroner; TH~CE North 0" 11' 00" West, 335.00 feet to 'the .POI~ 0F ~GI~ING and CONTAINING 4.673 acres {203,548 square feet) of land~ mole of less. , I L' I '. X "~: ---~ ;1~ ~'~ ~. : fin [~ :--" [ N ' ~,~**~'-~' ~'~Z~' EXHIBIT"A" ........................................................................................................ EXHIBIT