CC apprv'l of ORD 8/12/03AGENDA REQUEST FORM
COPPELL
DEPT: Planning
DATE: August 12. 2003
ITEM it: 7/C
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1195B, Voice Stream, zoning change from TC (Town Center)
to TC-S-1195B (Town Center, Special Use Permit-1195B), to allow the replacement of an existing 70-foot light
pole with an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and
equipment building on property located in Andrew Brown Park Central, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
APPROVED BY Motion to Approve
CITY COUNCIL
ABOVE DATE
::)rd. # 91500-A-352
M - Tunnell
- Suhy
ote - 7-0
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On May 15, 2003, the Planning & Zoning Commission unanimously recommended approval of this Special Use
Permit request (7-0).
On June 10, 2003, City Council unanimously approved this Special Use Permit (6-0).
Staff recommends approval.
DIR. REVIEW: ~
Agenda Request Form: Revised 09/02
FIN. REVIEW: ~ C~¢
CM REVIEW:
Document Name: ~S-1195B,VS ORD I-AR(Consent)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _~2t~/q
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 1N ZONING FROM "TC" (TOWN CENTER) TO
"TC-S.U.P. 1195B" (TOWN CENTER, SPECIAL USE PERMIT-1195B) TO
ALLOW THE REPLACEMENT OF AN EXISTING SEVENTY (70') FOOT
LIGHT POLE WITH AN EIGHTY (80') FOOT LIGHT POLE, INCLUDING
THE PLACEMENT OF THREE (3) FLUSH-MOUNTED
TELECOMMUNICATIONS ANTENNAE AND EQUIPMENT BUILDING
AT ANDREW BROWN COMMUNITY PARK CENTRAL LOCATED AT
364 NORTH DENTON TAP ROAD AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN
PACKAGE 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 CoppeI1, 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 heatings 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-1195B
should be approved, and in the exemise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be aniended.
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 allow the replacement of an existing seventy (70') foot light pole
with an eighty (80') foot light pole, including the placement of three (3) flush-mounted
telecommunications antennae and equipment building at Andrew Brown Community Park Central
located at 364 North Denton Tap Road, subject to special conditions hereinbelow.
58005
SECTION 2. That the Special Use Permit for the replacement of the light pole, including
the placement of three (3) flush-mounted telecommunication antennae and equipment, is hereby
approved subject to the following special conditions:
(A) That all development shall be in accordance with the Site Plan package, which
includes building elevations, cell equipment, etc.
SECTION 3. That the site plan package, attached hereto as Exhibit "B" 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
an~ended, and as an~ended herein.
SECTION 5. 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 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. 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 8. 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 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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the /~ ~-aday of
ATTEST:
"'"-~IB~ B~flTY SECRETARY
R6~ERT E. HA.~ [~'CITY ATTORNEY
(REH/cd~.~ 3)
LEGAL DESCRIPTION
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E~BIT "A"
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_ EXHIBIT B-3
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