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CC approval of ORD-12/14/04DEl'T: ?lanninl~ DATE: December 14, 2004 ITEM #: 1 l/J ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1217-LI, Coppell South Substation, zoning change from LI (Light Industrial) to S-1217-LI (Special Use Permit-1217-Light Industrial), to allow the construction of an electric substation on 4.3 acres of property located along the north side of Southwestern Boulevard, approximately 500 feet west of Coppell Road, and authorizing the Mayor to sign. IIII GOAL(S): ~ EXECUTIVE SUMMARY: APPROVED BY CITY COUNCIL ABOVE DATE Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Motion to Approve Ord. # 91500-A-401 M - York S - Suhy Vote - 6-0 Tunnell absent On October 21, 2004, the Planning Commission unanimously approved this zoning change (7-0). On November 9, 2004, Council unanimously approved this zoning change (7-0). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~, S- 1217-LI ORD I-AR (Consent) 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 ZONING CHANGE FROM LI (LIGHT INDUSTRIAL) TO S-1217-LI (SPECIAL USE PERMIT-1217-LIGHT INDUSTRIAL), TO ALLOW THE CONSTRUCTION OF AN ELECTRIC SUBSTATION ON 4.3 ACRES OF PROPERTY LOCATED ALONG THE NORTH SIDE OF SOUTHWESTERN BOULEVARD, APPROXIMATELY 500 FEET WEST OF COPPELL ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS OF THE SUBSTATION AND ELEVATIONS OF THE CONTROL CENTER BUILDING , ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", 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-1217-LI 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 zoning change request from LI (Light Industrial) to S-1217- LI (Special Use Permit-1217-Light Industrial), to allow the construction of an electric substation on 4.3 acres of property located along the north side of Southwestern Boulevard, approximately 500 feet west of Coppell Road, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. 69973 SECTION 2. That the Special Use Permit for a Electric Substation is hereby approved subject to the following special conditions: (A) The site shall be developed in accordance with the approved Site Plan, Landscape Plan, Elevations of the Substation and Elevations of the Control Center Building, which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Landscape Plan, Elevations of the Substation and Elevations of the Control Center Building, attached hereto as Exhibits "B", "C", "D", and "E" 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altcred 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. 2 69973 SECTION 8. An offense conunitted 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 conunitted 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~L~day of vER, MAYOR (REH/cdb 12/7/04 ATTEST: L~B? BAL~"SECRETAPTy 3 69973 LEGAL DE$CR[PTION ~:IH [BIT "A" EX~I BIT "B" f]XJ~l '>uI 'sol.?ossv jjIeH i~ iilililBI T uC" .~uI ,s,m~ossV jjlUH 1~ _ . -- I~'I~'T RTT I1=1 Zl Z ~ItlBIT D-2