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CC approval of ORD 4/22/97~ --~~/--'~-~.~ AGENDA REQUEST FORM Cc/Z=? Th. ~ ~ ^,--,,~ r~.~ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1122, Southwestern Bell Mobile Systems Communications Antenna, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow a communications antenna and an equipment cabinet to be mounted on an existing Park 'N Fly billboard, located north of 1-635 (LBJ Freeway) and east of Royal Lane, and aut~ng the Mayor to sign. SUBMITTEd'BY: Gary L. SleD ~,/ TITL~[: Director of P~ng and Community Services STAFF RECO' Approval X Denial STAFF COMMENTS: On March 25, 1997, Council approved this zoning change request. ~¥ Cindy COUNCIL Agenda Request Form - Reviset14/97 FIN. REVIEW:~ CITY MANAGER REVIEW: Document Nme si 122o~.pz AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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 OF ZONING FROM **LIt' (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT), TO ALLOW A COMMUNICATIONS ANTENNA AND AN EQUIPMENT CABINET TO BE MOUNTED ON THE EXISTING PARK 'N FLY BILLBOARD, ON PROPERTY LOCATED NORTH OF IH-635 (LBJ FREEWAY) AND EAST OF ROYAL LANE, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED ~RETO; PROVIDING FOR THE APPROVAL OF A SITE PLAN ATTACHED HERETO AS EXIHRIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THF~ 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 Case No. S- 1122 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 "LI" (Light Industrial) to "LI-S.U.P." (Light Industrial, Special Use Permit) to allow a communications antenna and an equipment cabinet to be mounted on the existing Park 'n Fly billboard, on property located north of IH-635 (LBS Freeway) and east of Royal Lane, being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit is hereby granted, subject to the property being developed and used only in accordance with the Site Plan, attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3. That the Site Plan attached hereto as Exhibit "B" and made a part hereof for all purposes, be, and the same is 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 Comprehensive Zoning Ordinance 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. That an offense committed before the effective date of this ordinance is governed by the 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, fu-m 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 hereto amended, and upon conviction shall be punished by a fmc 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 shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. of DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ nc~day P?/A~r't'/ , 1997. MAYOR ATTEST: IC~14HLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITI~, CITY ATTORNEY PROPERTY DESCRIPTION SOUTHWESTERN BELL MOBILE SYSTEMS MICROCELL ANTENNA PARK 'N FLY 800 ROYAL LANE COPPELL, TEXAS Being a tract of land situated in the S.A. & M.G. Railroad Survey, Abstract No. 1439, Dallas County, Texas, and being a portion of Lot 1, Block I of PARK 'N FLY', an eddltion to the~City of Coppall, Texas as recorded in lhe Plat Records of Dallas County. Texas, and being more particularly described as follows: BEGINNING at a point for comer, said comer being the Intersection of the 'north right-of- way line of I.H. 635 and the east right-of-way line of Royal Lane (110 foot r.o.w); THENCE North 01 degrees 38 minutes 40 seconds East, a distance of 50 feet to a point for comer;, THENCE South 69 degrees 02 minutes 37 seconds East, a distance of 50 feet to a point for comer, THENCE South 01 degrees 38 minutes 40 seconds West. a distance of 50 feet to a point for comer; THENCE North 69 degrees 02 minutes 37 seconds West, a distance of 50 feet to the POINT OF BEGINNING, containing 2,500 square feet or 0.05 acres of land, more or less.