AGN REQ ORD 060909 AGENDA REQUEST FORM T„`.`' T".° F DEPT: PLANNING
COPPELL DATE: June 9, 2009
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ITEM TYPE: ORDINANCE
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-11 l OR3-HC, Verizon Wireless, zoning change request from
S-1 1 l OR2-HC (Special Use Permit-1 1 10 Revision 2-Highway Commercial) to S-1 1 lOR3-HC (Special Use Permit-1 1 10
Revision 3-Highway Commercial) to allow a replacement and relocation of the existing equipment and cabinet with a
120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of
property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. and authorizing
the Mayor to sign.
GOAL(S):
0
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
On April 16, 2009, the Planning Commission unanimously APPRC.~VEI7 BY
recommended approval of this zoning change (7-0). Commissioners CQUNCIL
(JN ABtJVE DATE
Jett, Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley voted in Motion to Approve
favor, none opposed. Ord. # 91500-A-527
On May 12, 2009, Council unanimously approved this zoning change M- Franklin
S - Brancheau
+ Libby Ball
Vote - 5-0 zoos.os.~s
Staff recommends APPROVAL. Tunnell and Fau ht absent 11:56:23
9 -osoo~
@5-11 lOR3-HC, VW ORD, 1-AR (con)
~ _
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.~/SDn -~J~ -~Z 7
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 IN ZONING FROM S-1110R2-HC (SPECIAL
USE PERMIT-1110 REVISION 2-HIGHWAY COMMERCIAL) TO S-
1110R3-HC (SPECIAL USE PERMIT-1110 REVISION 3-HIGHWAY
COMMERCIAL), TO ALLOW A REPLACEMENT AND RELOCATION
OF THE EXISTING EQUIPMENT AND CABINET WITH A 120-
SQUARE-FOOT SHELTER TO BE LOCATED APPROXIMATELY 15
FEET WEST OF THE EXISTING CABINET ON 540 SQUARE FEET OF
PROPERTY LOCATED ON THE SOUTH SIDE OF FRITZ ROAD,
APPROXIMATELY 1,260 FEET WEST OF FREEPORT PARKWAY AND
BEING MORE PARTICULARI,Y DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE PLAN,
LANDSCAPE PLAN AND ELEVATIONS, 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 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 Application No. S-1110R3-
HC 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 S-1110R2-HC (Special Use
Permit-1110 Revision 2-Highway Commercial) to 5-1110R3-HC (Special Use Permit-1110
1 TM 37229.2.000
Revision 3-Highway Commercial), to allow a replacement and relocation of the existing
telecommunication equipment and cabinet with a 120-square-foot structure to be located
approximately 15 feet west of the existing cabinet on 540 square feet of property located on the
south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway and being more
particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the following
development condition as set forth herein below;
A) Except as amended herein, the property shall be developed and used in
accordance with Special Use Permit 1110 Revision-2 (Called Hearing) (5-11 lOR-
2(CH), Ordinance No. 91500-A-243 which is incorporated herein as set forth in
full and hereby republished.
SECTION 3. That the Site Plan, Landscape Plan and Elevations, attached hereto and
incorporated herein as Exhibit "B", respectively, and made a part hereof for all purposes as special
conditions, 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 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
2 TM 37229.2.000
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 govemed
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 ~
day of
, 2009.
APPROVED:
JA E P TERS, MAYOR
ATT ST:
.
B BALL, SECRETARY
APPR .
ROBERT E. HAGE ITY ATTORNEY
(REH/cdb Reviewed & Revised 5/28/09)
3 TM 37229.2.000
PROPERTY DESCRIPTION
BEING a tract of land situated in the Heirs of Joei Wi~son Survey, Abstract No. 1555, City of
Coppell, Dallas County, Texas, also being situated in Lot 1, Block 1, IAA~I Headquarters, an
addition to the City of Coppell, Dallas County, Texas, according to the map or plat thereof
recorded in Volume 99172, Page 16, Deed Records, Dallas County, Texas, and being out of and
a portion of that certain tract of land conveyed to International Association of Assembly Managers
by Special Warranty Deed dated November 13, 1998, and recorded in Volume 98226, Page
2059, Deed Records, Dallas County, Texas, and being more paRicularly described by metes and
bounds as follows:
COMMENCING at a 5/8" iron rod found for the most westeriy corner of said Lot 1, Block 1, IAAM
Headquarters, being the intersection of the south right-of-way of line of Fritz Drive (57.5' right-of-
way) with the northeast right-of-way line of Interstate Highway No. 635 (right-of-way varies);
THENCE along the south right-of-way line of Fritz Drive, North 89 degrees 40 minutes 53
seconds East, a distance of 149.94 feet to the POINT OF BEGINNING hereof;
THENCE continuing along the south right-of-way line of Fritz Drive, North 89 degrees 40 minutes
53 seconds East, a distance of 18.00 feet to a Point;
THENCE through the interior of said Lot 1, Block 1, IAAM Headquarters, the following three (3)
courses:
1. South 00 degrees 19 minutes 07 seconds East, a distance of 30.00 feet to a Point;
2. South 89 degrees 40 minutes 53 seconds West, a distance of 18.00 feet to a Point;
3. North 00 degrees 19 minutes 07 seconds West, a distance of 30.00 feet to the POINT OF
BEGINNING hereof and containing 0.0124 acres or 540 square feet of land, more or less.
~ 9
EXHIBIT "A"
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