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CC approval of ORD-6/8/99' ~~~~"~L~ AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1111R, PCS PrimeCo Wireless Communications Antenna and Accessory Cabinet. zoning change request for propert7 zoned LI-S.U.P. to amend the Special Use Permit Site Plan to allow 2 additional accessory cabinets at the base on an existing TU. Electric tower located on a T.U. easement approximately 1,350 feet east of S.H. 121 frontage road and along the north side of Sandy Lake Road, and authorizing the Mayor to sign. APPROVED BY SUBMITTED BY: GaryL. Sieb CITY COUNCIL TITLE: Director of Planning and Community Sendces DATE STAFF COMMENTS: ~ .~I~'OO-- --R ~."'~.1 Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Council unanimously granted this zoning change request on April 13, 1999. Staff recommends approval. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 2/99 Document Name: RS 1111Ro AN ORDINANCE OF ~ CITY OF COPPEIJ~, TEXAS oRDIN CE I AN ORDINANCE OF THE CITY OF COPPEI.I., TEXAS, AMENDING THE COMPREFI-ENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SPECIAL USE PERMIT (S-IIII) ORDINANCE NO. 91500-A- 133 BY APPROVING REVISED SITE PLAN FOR ~ PROPERTY DESCRIBED IN F, XHIRIT "A" ATI'ACH-ED HERETO; PROVIDING FOR TH'E APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABII.1TY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED ~ SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WI:IE~REAS, 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 aRer 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 thereot~ the said governing body is of the opinion that Zoning Application No. S-111 IR. should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, TI~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ 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-1111) Ordinance No. 91500-A-133 to allow two additional accessory cabinets and to approve the revised site plan for the property descn'bed in Exhibit "A" attached hereto and made a pan hereof for all purposes. 1 SS25554 SECTION 2. That the property shall be developed and used only in accordance with Special Use Plan (S-1111), Ordinance No. 91500-A-133, as amended hereto and the Site Plan attached hereto as Exhibit "B", and made a part hereoffor all purposes, are 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-1111), Ordinance No. 91500-A-133 shall continue in full force and effect except as amended herein. SECTION 5. 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 ofthis 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 a 2 ss25554 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 $. That this ordinance shall take effect immediately fi.om 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 - ~4~ ,1999. ATTEST: LIBBY BALL, INTERIM CiTY SECRETARY APPROVED AS TO FORM: PETER G. SMHI-I, CITY ATTORNEY (PGS/tfl 5/26/99) 3 SS25554 LFGA F)FSCRIPTION: BEING a 37...t4' x 27.0' tract at land Iocuted ,n on ex,st,rig Texas 'Power &: Light Co. eosment or~d Being in Abstract No. (514, .; E. t-~olionO Surve: Dallas County. and being more particularly descr,bed os follows Commencing at the intersection centerhnes of State rd,ghwoy 121 Northbound Service Rood and Sandy Lake Rood (County RaGa 5044); Thence South 88' 26' .34." East o al,stance of 1097..52 feet along the centerline of Sandy Lake Rood: Thence South 88' 50' 11" East a distance of I gl.6U feet along the centerline of Sandy Lake Rood; Thence Nurth 01' 53' 26" East o d,stunce of 260 fee[ t~., tt,e centerpoint at Texas Ut,lit,es Pole 20/5; Thence South 01' .3`3' 26" West o d,stonce at' .5.81 feet from the centerpoint o1' Pole 20/5 to the POINT OF BEGINNING. Thence North 88' 25' 00" West o d,stonce of 18.67 feet to o corner; Thence North 01' .35' 00" East o d,stonce of 27.00 t'eet to o corner: Thence South 88' 25' 00" East o al,stance of .37.34 feet to o corner; Thence South 01' .35' 00" West o al,stance of 27.0 feet to o corner; Thence North 88' 2.5' 00" West o d,stance of 18.67 feet to the PC4NI' OF' BEGINNING and CONTAINING 1008 square feet or .0251 acre tract of land EXI~BI'T "Au