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CC approval of ORD-4/22/97 AGENDA REQUEST FORM _ CITY COUNCIL MEETING. April 22, 1997 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1123, 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 to be mounted on an existing 75'-high AT&T monopole and the construction of an equipment cabinet on a 3,600 square foot site, located within the Shake and Shingle Addition, approximately 350' east of North Lake Drive and north of Beltline Road, and authorizing the Mayor to SUBMITTED B .~/~ary L. Sieb~ TITLE~ Director of Pla~ing and Community Services STAFF RECOMmeNDS: _...-"Approval ~ Denial STAFF COMMENTS: On March 11, 1997, Council approved this zoning change request. APPROV£D BY CiTY ~gU~CIL DATE ~?~/~? FIN. REVIEW CITY MANAGER Document Name REVI sl 123ord.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 COPPF. LL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE OF ZONING FROM "LI" (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT), TO ALLOW A COMMUNICATIONS ANTENNA TO BE MOUNTED ON THE EXISTING 7S'-HIGH AT&T MONOPOLE AND THE CONSTRUCTION OF AN EQUIPMENT CABINET ON A 3,600 SQUARE FOOT SITE, LOCATED ~ THE SH~KF~ AND SIIINGLE ADDmON, APPROXIMATELY 3.$0 FEET EAST OF NORTH LAKE DRIVE AND NORTH OF BELTLINE ROAD, BEING MORE PARTICULARLY DESCRIBED IN EXNIRIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A SITE PLAN ATTACHED ItERETO AS EXIHRIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Case No. S- 1123 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 to be mounted on the existing 75'-high AT&T monopole and the construction of an equipment cabinet on a 3,600 square foot site, located within the Shake and Shingle Addition, approximately 350' east of North Lake Drive and north of Belfline Road, 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 thi~ 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 shouM 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, finn 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, arid 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 shah 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 c,~),~ c/ day ~r't' ] , 1997. APPROVED: RTON, MAYOR ATTEST: ROACH, CITY SF_~RETARY SOUTHWESTERN BELL MOBILE SYSTEMS, INC. COMMUNICATION ANTENNA (BELT LINE/GATEWAY) PROPERTY DESCRIPTION BEING a tract of land or parcel of land situated in the McKinney and Williams Survey, Abstract No. 1054 in the City of Coppell, Dallas County, Texas, and being a portion of a 23.98 acre tract of land as recorded in Volume 80112, Page 3098 of the Deed Records, Dallas County, Texas; also being a portion of Shake and Shingle Addition, an addition to the City of Coppell, Dallas County, Texas and being more particularly described as follows: From an iron rod in the north right-of-way of Belt Line Road (a 120' r.o:w.) at the southeast comer of Block 2, North Lake Business Center, Phase 1, an addition to the City of Coppell, Texas as recorded in volume 81685, page 970, Plat Records, Dallas County, Texas; THENCE North 01 degrees 17 minutes 00 seconds East along said east line of North Lake Business Center, Phase 1, a distance of 222.5 feet to the POINT OF BEGINNING; THENCE North 01 degrees 17 minutes 00 seconds East along said east line of North Lake Business Center, Phase 1, a distance of 60.00 feet to a point for corner; THENCE South 88 degrees 51 minutes 00 seconds East a distance of 60.00 feet to a point for corner; THENCE South 01 degrees 17 minutes 00 seconds West a distance of 60.00 feet to a point for comer; THENCE North 88 degrees 51 minutes 00 seconds West a distance of 60.00 feet to the POINT OF BEGINNING and containing 3,600 square feet or 0.08 acres of land, more or less. 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