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CC approval of ORD-4/11/00 " AGENDA REQUEST FORM CITY COUNCIL MEETING: April 11, 2000 ITEM # B ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1110R2(CH), PCS PrimeCo Wireless Communications Antenna and Cabinet, a Called Hearing to change the zoning from LI-S.U.P. (Light Industrial, Special Use Permi0 to HC-S.U.P. (Highway Commercial Special Use Permi0 for 493 square feet of property located along the south side of Fritz Drive, and authorizing the Mayor to sign. ~",' BY DATE nm TITLE: ( Director of Pla~nn.~ and Community Services STAFF COMI~'.NT~ :_ .... - ........... Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Council unanimously approved this zoning change from LI-S.U.P. to HC-S.IJ.E on September 14, 1999. Staff recommends approval of this request. / Dm. INITIALS:/~Q~f~,l/,'~k,, FIN. REVIEW:~ CITY MANAGER REVIEW Agenda Request Form -[~' ~J )llevised 2/99 Document Name: ~S 1110Ro ,~t AN ORDINANCE OF THE CITY OF COPPELL, TEXAS - ORDINANCE NO. q],~'e'~O- ~ · ~-~ 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 AMENDING SPECIAL USE PERMIT (S-1110R) ORDINANCE NO. 91500- A-132 BY GRANTING A CHANGE IN ZONING FROM "LI-SUP" (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO "HC-SUP" (HIGHWAY COMMERCIAL, SPECIAL USE PERMIT) FOR THE PROPERTY 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 goveming body is of the opinion that Zoning Application No. S-1110R2 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 amended by amending Special Use Permit (S-1110) Ordinance No. 91500-A-132 by granting a change in zoning from "LI-S.U.P." (Light Industrial, Special Use Permit) to "HC-S.U.P." (Highway Commercial, Special Use Permit) for the property described in Exhibit "A: attached hereto and made a part hereof for all purposes. 1 31549 SECTION 2. That the property shall be developed and used only in accordance with Special Use Plan (S-1110), Ordinance No. 91500-A-132, as amended hereto and the Site Plan is a condition of the zoning and is attached hereto and incorporated herein by reference as Exhibit "B", and made a part hereof for all purposes, is hereby, approved. SECTION 3. 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 4. 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, except Special Use Permit (S-1110), Ordinance No. 91500-A-132 shall continue in full force and effect except as amended herein. SECTION 5. That should any sentence, paragraph, subdivision, clause, phxase 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 6. 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 7. 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 2 31549 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 8. 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 I/~ day of PflA. ,2000. APPRS)ShED: ~ /~ CAN ATTEST: LIBBY t~LL, CITY SECRETARY AP~ ROBERT E. HACff3'R, CITY ATTORNEY (REH/cdb 3/21/00) ' 3 31549 n C. RIPTION: BI[lNG ~ 17.0' x 29.0' tract of lend Ioc~ed ;n on ex;sUng Texas Power I.~ht Co. e~ement omi I~;m:j in Absau'oct No. 1555, Joel Wilson Sur~*y, Ooll~s County, oral b,eimj further described /_._ __'-~ Commenc;r~ ~t the intm'~ect;on ce~terl;ne, ~//~ O~d ,adlORood (Royal Lone): 7' 11' [oat o al;stance of t34681 feet oloo(j ce~ted;~e Thence South 00' §2' 29' West o d;~to~ce of 51.00 feet to the centerpoi~.t Th~rth 89' 47' 11' We~ o dlstonce of 4.0 feet from the of Pole 3/11 to the POtNT OF B[GINNING; ~mnce NO~t 00' 12' 29' Eo~I-,E"~e of 7.67 feet to e point, po;hr is a 9outh boundar~f o1~~0 comer;, Thence South ~J' 47' ! I' £o~t o distan~ 17.0 feet to o comer;, Thence Sou~h 00' 12' 49' WeM a al;stance of 29.0 fc,~ to o con'~'; Thence North 89' 47' 11' We,Jr o distance of 17.0 feet to o comer; Thence North 00' 12' 49' East o di~once of 21.3.t feet to the POINT 0~' BEGINNINC. qnd CONrNNINC 40:~ ~quore feet or 011.1 ocre froot of land.