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OR 91500-A-555 S-1220R-TCAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. % , _ S''rf 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 S -1220- TC (SPECIAL USE PERMIT -1220 -TOWN CENTER) TO S- 1220R -TC (SPECIAL USE PERMIT -1220 REVISED -TOWN CENTER), TO ALLOW" THE REPLACEMENT OF EXISTING TELECOMMUNICATION ANTENNAE AND THE EXPANSION OF THE EQUIPMENT CABINET ENCLOSURE ON PROPERTY LOCATED AT 363 NORTH DENTON TAP ROAD IN ANDY BROWN WEST PARK, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, DETAIL SITE PLAN, ELEVATION SHEETS, ATTACHED HERETO AS EXHIBITS "B ", "C ", AND "D ", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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- 1220R -TC 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 TM 44582 2 721) 10 S- 1220 -TC (Special Use Permit -1220 -Town Center) to S- 1220R -TC (Special Use Permit -1220 Revised -Town Center), to allow the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure on property located at 363 North Denton Tap Road in Andy Brown West Park, being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for the replacement of existing telecommunication antennae and the expansion of the equipment cabinet enclosure is hereby approved, subject to the following special conditions: A) Except as amended herein, the property shall be developed in accordance with S- 1220 -TC, Ordinance No. 91500 -A -393, which is incorporated herein. B) Coordination with the Parks Department for the scheduling of construction times and the replacement of the Red Bud tree and portion of the irrigation system affected by the proposed change. C) The site shall be developed in accordance with the regulations and Exhibits "B" through "D" incorporated in Section 3 of this ordinance. SECTION 3. That the Overall Site Plan, Detail Site Plan, Elevation Sheets, attached hereto as Exhibits "B ", "C ", and "D" respectively, and made a part hereof for all purposes, are 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. 2 1 M 44822 711) 10 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances 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 7. 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 8. 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 9. 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 ( 5 ,2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 3 -M 44,82.' 71910 SECTION 10. 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 e)_': ay of 2010. APPROVED: BOB MAHALIK, MAYOR PRO TEM ATTEST: LIB Y BALL, E ETARY APPROVED; TO FORM: ROBERT E. HAG CITY ATTORNEY 4 TM .145K2 2 72910 LEGAL DESCRIPTIONS LESSEE'S LEASE AREA BEING a tract of land situated in the S.A & M.G.R.R. Survey, Abstract No. 1430, City of Coppell, Dallas County, Texas, also being out of and a portion of that certain tract of land described as Phase 1 -A in Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Phase 1 -A tract, also being the southwest corner of Phase 1 -B as described in said Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, and being on the east line of Block A, Cornerstone, an addition to the City of Coppell according to the map or plat thereof recorded in Volume 96013, Page 87, Deed Records, Dallas County, Texas, and from which a 112" iron rod found for the most easterly southeast corner of said Cornerstone addition bears South 04 degrees 06 minutes 51 seconds East, a distance of 382.29 feet; THENCE through the interior of said Phase 1 -A tract, North 81 degrees 41 minutes 59 seconds East, a distance of 475.30 feet to the POINT OF BEGINNING hereof; THENCE continuing through the interior of said Phase 1 -A tract the following four (4) courses: 1. North 66 degrees 14 minutes 17 seconds East, a distance of 21.00 feet to a Point; 2. South 23 degrees 45 minutes 43 seconds East, a distance of 14.30 feet to a Point; 3. South 66 degrees 14 minutes 17 seconds West, a distance of 21.00 feet to a Point; 4. North 23 degrees 45 minutes 43 seconds West, a distance of 14.30 feet to the POINT OF BEGINNING hereof and containing 0.0069 acres or 300 square feet of land, more or less. EXHIBIT `A' Page 1 of 3 LEGAL DESCRIPTIONS LESSEE'S COAX EASEMENT BEING a tract of land situated in the S.A & M.G.R.R. Survey, Abstract No. 1430, City of Coppell, Dallas County, Texas, also being out of and a portion of that certain tract of land described as Phase 1 -A in Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Phase 1 -A tract, also being the southwest corner of Phase 1 -B as described in said Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, and being on the east line of Block A, Cornerstone, an addition to the City of Coppell according to the map or plat thereof recorded in Volume 96013, Page 87, Deed Records, Dallas County, Texas, and from which a 1/2" iron rod found for the most easterly southeast corner of said Cornerstone addition bears South 04 degrees 06 minutes 51 seconds East, a distance of 382.29 feet; THENCE through the interior of said Phase 1 -A tract the following three (3) courses: 1. North 81 degrees 41 minutes 59 seconds East, a distance of 475.30 feet to a Point; 2. North 66 degrees 14 minutes 17 seconds East, a distance of 21.00 feet to a Point; 3. South 23 degrees 45 minutes 43 seconds East, a distance of 11.46 feet to the POINT OF BEGINNING hereof; THENCE continuing through the interior of said Phase 1 -A tract the following seven (7) courses: 1. South 73 degrees 57 minutes 39 seconds East, a distance of 30.03 feet to a Point; 2. North 77 degrees 53 minutes 59 seconds East, a distance of 27.80 feet to a Point; 3. South 12 degrees 06 minutes 01 seconds East, a distance of 4.89 feet to a Point; 4. South 77 degrees 53 minutes 59 seconds West, a distance of 29.25 feet to a Point; 5. North 73 degrees 57 minutes 39 seconds West, a distance of 32.62 feet to a Point; 6. North 66 degrees 14 minutes 17 seconds East, a distance of 4.40 feet to a Point; 7. North 23 degrees 45 minutes 43 seconds West, a distance of 2.84 feet to the POINT OF BEGINNING hereof and containing 0.0067 acres or 290 square feet of land, more or less. EXHIBIT `A' Page 2 of 3 LEGAL DESCRIPTIONS LESSEE'S UTILITY EASEMENT BEING a tract of land situated in the Clarinda Squires Survey, Abstract No. 1327 and the S.A & M.G.R.R. Survey, Abstract No. 1430, City of Coppell, Dallas "County, Texas, also being out of and a portion of that certain tract of land described as Phase 1 -A in Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said Phase 1 -A tract, also being the southwest corner of Phase 1 -B as described in said Special Warranty Deed to The City of Coppell, dated December 30, 1982, and recorded in Volume 83005, Page 3569, and being on the east line of Block A, Cornerstone, an addition to the City of Coppell according to the map or plat thereof recorded in Volume 96013, Page 87, Deed Records, Dallas County, Texas, and from which a 112" iron rod found for the most easterly southeast corner of said Cornerstone addition bears South 04 degrees 06 minutes 51 seconds East, a distance of 382.29 feet; THENCE through the interior of said Phase 1 -A tract the following three (3) courses: 1. North 81 degrees 41 minutes 59 seconds East, a distance of 475.30 feet to a Point; 2. South 23 degrees 45 minutes 43 seconds East, a distance of 14.30 feet to a Point; 3. North 66 degrees 14 minutes 17 seconds East, a distance of 21.00 feet to the POINT OF BEGINNING hereof; THENCE continuing through the interior of said Phase 1 -A tract the following eight (8) courses: 1. North 23 degrees 45 minutes 43 seconds West, a distance of 10.18 feet to a Point; 2. North 77 degrees 02 minutes 25 seconds East, a distance of 146.13 feet to a Point; 3. North 26 degrees 56 minutes 54 seconds West, a distance of 80.41 feet to a Point; 4. North 63 degrees 03 minutes 06 seconds East, a distance of 6.00 feet to a Point; 5. South 26 degrees 56 minutes 54 seconds East, a distance of 81.90 feet to a Point; 6. North 77 degrees 02 minutes 25 seconds East, a distance of 357.76 feet to a Point; 7. North 67 degrees 27 minutes 02 seconds East, a distance of 37.37 feet to a Point; 8. South 88 degrees 33 minutes 36 seconds East, a distance of 12.57 feet to a Point, same being on the west right -of -way line of Denton Tap Road; THENCE along the west right -of -way line of Denton Tap Road, South 01 degrees 26 minutes 22 seconds West, a distance of 10.00 feet to a Point; THENCE through the interior of said Phase 1 -A tract the following three (3) courses: 1. North 88 degrees 33 minutes 36 seconds West, a distance of 10.45 feet to a Point; 2. South 67 degrees 27 minutes 02 seconds West, a distance of 36.09 feet to a Point, 3. South 77 degrees 02 minutes 25 seconds West, a distance of 509.01 feet to the POINT OF BEGINNING hereof and containing 0.1392 acres or 6,065 square feet of land, more or less. EXHIBIT `A' Page 3 of 3 d�a Om o` v o d 1 \ tJ d W i r\ NG r J J \ F gw Y 0 3¢ J �o 8w g w S a�Y o� .0 ui Z a. g W c� Z Z- EXHIBIT «B" se)n0'l +: ZI: 0I0 i0Z/ b/ 9'bn p' 9Nj1V iJ03SV8- 6NZOTNl \60fC07M 173dd0:ASVx31 Hl'd0N \NOZrd3/\- 311 \H 96£9L% w J w b o o d 6LOSL SVX31'll3ddoo OVON dVl NO1N30 H18ON f9£ 2 a w � o Z g J � � O w f � a a -� Q - . f E I w -- E - Q Y = q C " t� z O j a p a fn w Z uj 0 Z N O'? ; - -, Z a - g c a F C y N m = c o ?� n r Z d � W H1bON��3dd0� K H ` z z Ld y 0 Z d a LL J J 0 34 � V Q a0H N v F ee d�a Om o` v o d 1 \ tJ d W i r\ NG r J J \ F gw Y 0 3¢ J �o 8w g w S a�Y o� .0 ui Z a. g W c� Z Z- EXHIBIT «B" se)n0'l +: ZI: 0I0 i0Z/ b/ 9'bn p' 9Nj1V iJ03SV8- 6NZOTNl \60fC07M 173dd0:ASVx31 Hl'd0N \NOZrd3/\- 311 \H ) . 86G2t « :»� @�� - ®�- a . � ■[ @2a)§# t ,m!«rg', a« aa� Wame� aC > - a. ! § x&§$(`29§ o� ; -�#z� \: t` |�� @ ` � r ° N -- 20. 2 §�- o��b �`�q §` E � �� K ^2 | HINON ]]]ddOO . , \ , / ` /" ( .. 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N183n miii ��- �3 s �� � SS � � a i o l ,i lZ- a c z W� o z - �h , EXHIBIT "D -2" Z O W _ t W LUn M J p 0 i w t W J W W H EXHIBIT "D -2" Z O W _ t W LUn M - Z O r a W J 9 W LU H o LLJ r- SnnI 'Wd OS: Sb: i OI OZ /ZZ19 5+ p NOLLVA3l3 3LIS - 60£L0 S NI \60EL OI M Il3dd00 \SM(3L Hlb0N \N0ZIH3A \: H 0 W J W W H N a' N 'I �ao z - Z O r a W J 9 W LU H o LLJ r- SnnI 'Wd OS: Sb: i OI OZ /ZZ19 5+ p NOLLVA3l3 3LIS - 60£L0 S NI \60EL OI M Il3dd00 \SM(3L Hlb0N \N0ZIH3A \: H AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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 S- 1220 -TC (SPECIAL USE PERMIT- 1220 -TOWN CENTER) TO S- 1220R -TC (SPECIAL USE PERMIT -1220 REVISED -TOWN CENTER), TO ALLOW THE REPLACEMENT OF EXISTING TELECOMMUNICATION ANTENNAE AND THE EXPANSION OF THE EQUIPMENT CABINET ENCLOSURE ON PROPERTY LOCATED AT 363 NORTH DENTON TAP ROAD IN ANDY BROWN WEST PARK, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, DETAIL SITE PLAN, ELEVATION SHEETS, ATTACHED HERETO AS EXHIBITS `B", " C " , AND "D", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABIL,ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of 2010. BOB MAHALIK, MAYOR PRO TEM ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY REH/cab)