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OR 91-500-A-257 Sprint PCS Antenna, from C to C-SUP AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A257 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 "C" (COMMERCIAL) TO "C- S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR TELECOMMUNICATIONS TOWER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, TOWER ELEVATION PLAN, AND LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B', "C', AND "D', RESPECTIVELY; 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-1173 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 "C' (Commercial) to "C-SU.P." (Commercial, Special Use Permit) to grant a special use permit for a 65' high communications antenna, subject to special conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a communications antenna is hereby approved subject to the following special conditions: (A) That a full twenty-four foot (24') wide fire lane is required to this site. A temporary fire lane is acceptable provided it is constructed of asphalt capable of supporting 40,000 pound load. (B) That if any additional buildings are added in the future, prior to the issuance of a Certificate of Occupancy, a full twenty-four foot (24') wide concrete fire lane will be required. (C) Ensure that the approved access fire lane improvements are made before a Certificate of Occupancy is issued for the property. (D) The irrigation and landscaping for the Sprint site will be complete at the time of completion of the service, estimated to be in fall of 2001. (E) Tower shall be constructed to accommodate co-location of additional telecommunication antennas, receivers or transmitters. SECTION 3. That the site plan, tower elevation plan, and landscape plan, 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. SECTION 5. 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 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 derided 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 shah 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 CANI)~Y SI-I~EH~, MAYOR ATTEST: IBB BALL(~dd~~Y 3 33335 ROB ~ITY ATTORNEY ¢REH/~ 6/20~ ,) 4 33335 LEGAL DESCRIPTION A tract of land lying in and being a part of the Cordelia Bowen Survey, Abstract 56 and being a part of that certain 53.00 acre tract of land conveyed to the Coppell Independent School District, dated October 7, 1964, and recorded in Volume 417, Page 461 of the Deed Records of Dallas County, Texas, being more particularly described as follows: Commencing at a 1" pipe found for the Southeast corner of said 53.00 acre tract; Thence S88°53'05"W, along the South line of said 53.00 acre tract, a distance of 30.00 feet; Thence N00°50'09"w, parallel with the East line of said 53.00 acre tract, a distance of 20.00 feet to the POINT OF BEGINNING; Thence S88°53'05"W, parallel with said South line of the 53 acre tract, a distance of 40.00 feet; Thence N00°50'09"W, parallel with said East line of the 53 acre tract, a distance of 30.00 feet; Thence N88°53'05"E a distance of 40 feet to a point for corner; Thence S00°50'09"E, a distance of 30 feet to the POINT OF BEGINNING and containing 1200 square feet or 0.028 acres, more or less. EYI~IBIT "Au NEW MONOPOI Typ. 2-Way OMNI SITE COMPOUND FEN(: NG EQUIPMENT INSIDE ( POUND ~TOW ER ELEVATION DRAWING NTS ' ~IBIT "C" EXHIBIT "Dn