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CC apprv'l of ORD 10/12/04AGENDA REQUEST FORM DEPT: Planning DATE: October 12, 2004 ITEM #: 7/F ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1108R2-A, Sprint Spectrum Communication, zoning change from S-1108R-A (Special Use Permit-Il08 Revised-Agriculture) to S-1108R2-A (Special Use Permit-Il08 Revision 2-Agriculture), to allow for wireless communication antennae to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the intersection of MacArthur Boulevard and the transmission line easement, and authorizing the Mayor to sign. GOAL(S): IIII .ill. EXECUTIVE SUMMARY: Date of P&Z Meetinm N/A Decision of P&Z Commission: N/A APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-391 M - York S - Suhy Vote - 7-0 On August 19, 2004, the Planning Commission unanimously recommended approval of this zoning change (5-0). On September 14, 2004, Council unanimously approved this zoning change (6-0). Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~S-1108R20RD I-AR (Consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.~ ~/t~ -.. ~ 9 [ 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 S-I108R-A (SPECIAL USE PERMIT-II08 REVISED-AGRICULTURE) TO S-1108R2-A (SPEC1AL USE PERMIT-II08 REVISION 2-AGRICULTURE), TO ALLOW FOR WIRELESS COMMUNICATION ANTENNAE TO BE MOUNTED TO AN EXISTING ELECTRIC TRANSMISSION TOWER, WITH AN ACCESSORY CABINET AT THE BASE OF THE TOWER, LOCATED APPROXIMATELY 1,000- FEET SOUTHWEST OF THE INTERSECTION OF MACARTHUR BOULEVARD AND THE TRANSMISSION LINE EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SURVEY, SITE PLAN, ELEVATIONS AND EQUIPMENT DETAILS, ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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 heating 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-1108R2-A 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 thc same is hereby amended to grant a change in zoning from S-1108R-A (Special Use Permit-1108 Revised-Agriculture) to S-1108R2-A (Special Use Permit-Il08 Revision 2-Agriculture), to allow for wireless communication antennae to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the 68248 intersection of MacArthur Boulevard and the transmission line easement, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2, That the Special Use Permit for wireless communication antennae is hereby approved, subject to the following special conditions: A) That the site shall be developed in accordance with the regulations and Exhibits "B" through "E" incorporated in Section 3 of this ordinance. SECTION 3. That the Survey, Site Plan, Elevations and Equipment Details, attached hereto as Exhibits "B", "C", "D", and "E" respectively, 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 amended, and as amended heroin. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 7. 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. 2 68248 SECTION 8. 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 9. 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 I0. 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 ]~ ~day of DOUGLAS N. S~I' ~[~R,"]g'~Y OR APPR~: ~,.OBERT E. HACk, CITY ATTORNEY (RE}t/cdb 10/4/04) ATTEST: LIBBY B/AL/L, CITY SECRETARY 3 68248 E~RTBIT "A" ~L~uIBIT "B" ~XHiBIT '~C~ ~:x H [BIT "D"