CC approval of ORD 9/12/95 ~C'~~~~ AGENDA REQUEST FORM
CITY eouNeI,'. MV. ETING.' sept~er x2, x995 ITEM #
ITEM CAPTION:
Consideration and approval of an Ordinance, with a special condition,
for Case No. S-1097 (Southwestern Mobile Cell Site), to change the
zoning from LI-S.U.P. (Light Industrial, Special Use Permit) to LI-
S.U.P. (Light Industrial, Special Use Permit), for property located on
the east side of Royal Lane, approximately 990 feet south of Thweatt
Road, and authorizing the Mayor ~o sign. A~.~.~./~'"~/'~
/o_~ ~,~'. Y/So --//-/~ ~v
~E~~.[~,% Cl~{ CsDUNCIL
TITLE: Director of Planning & Co.unity Services INITIAL
STAFF CO~ENTS:
This Special Use Permit was approved by the City Council at its August
8, 1995, meeting.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET ANT.$g/~ AMT. EST.$ +/- BUD:$
FINANCIAL COMMENTS:
FINANCIAL REVIEW: ~ CITY MANAGER REVIEW:" '"..,
Agenda Request Form - Revised 1/94
Pm "gokic,u~' p,rpcr in prln~r ~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~t'I ~'~)tl'tq - ~4
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 "LI S.U.P." (LIGHT
INDUSTRIAL - SPECIAL USE PERMIT) TO "LI S.U.P." (LIGHT
INDUSTRIAL - SPECIAL USE PERMIT) FOR A MICROWAVE
TELEPHONE ANTENNA, WITH A SPECIAL CONDITION FOR
PROPERTY LOCATED ON THE EAST SIDE OF ROYAL LANE,
APPROXIMATELY 990 FEET SOUTH OF THWEATF ROAD, COPPELL,
DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATFACHED HERETO;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ATFACHED
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.
WHE~, 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-1097 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 S.U.P." (Light Industrial - Special Use Permit) to "LI S.U.P." (Light Industrial - Special
Use Permit) to allow for a microwave telephone antenna with a special condition for
AGG07'~O0
property located on the east side of Royal Lane, approximately 990 feet south of Thweatt
Road, Coppell, Dallas County, Texas, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof for all purposes.
SECTION 2. That the change in zoning for Special Use Permit to allow for a
microwave telephone antenna, is hereby granted subject to the following special condition:
1. The property shall be developed and used only for an one hundred foot (100')
microwave telephone antenna in accordance with the Site Plan and Site Elevations
attached hereto as Exhibits "B" and "C".
SECTION 3. That the Site Plan, as shown in Exhibit "B" and the Site Elevations as
shown in Exhibit "C', attached hereto 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. An offense committed before the effective date of this ordinance is
2 Aa~o~oo
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 pnnished 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~SED_/.L.._/.by the City Council of the City of Coppell, Texas, this the/e,~ ~
day
of _.~t.~fl~.~L) ,1995.
APPROVED:
"'"' 'TOM MORTON, MAYOR
ATFEST:
LINDA GRAU, CITY SECRETARY
APPROVED AS TO FORM:
P~'~G. S~ORNEY
(PGS/ct 8-23-95)
3 AGG07300
~tt~ched ~o and made a parc of ~hac certain Lease Agreemea~
~fT~]~[ by and be=ween Eager Containers, %nc. LESSOR, and
SMSA IL£~iced Partnership, LESSEE.
BI~-ING a' tract oE 'land'.: ~'it. uated :in the 3esse ~o~.~'e
Abstract fcc 968 In the .City of Cop~eli~ Dallas County,
Texas a~.~ also be£~g gatt o~ 'a 2~ aore tract o~ lan~ a,
describe~ ~n ~ee~ to' Co, nell Development Company in
Volume 83219, Page 26?4 of 't~e Deea Records o~ Dallas
County, Texas, also kno~ as Hager Confiners A~ltion, an
Plat thereof reco=~ [n Vol~e ~ , Page $~._, Plat
~escr[~ as Eollowst.
CO~ENCING at a 1' iron pin at the intersection of %he South
line of Saa4y Lake Roal ( Thweatt Road ) ( a 50 E~t
rl~ht-o~-~y) wl~ ~be Son,easterly line of
Blghway 121 (a ~00 foot right~f-way), sai~ po[m~ ~so
~ Nor~wes~ corner of a 3~.508 acre ~ract o~ land as
described in dee~ to B~er & Ass~iates Joinh venture No. 7
-in Volum&-85013, Page 4136 of ~e Deea Recor~ of Dales
County, Te~$ ~
~ENC~ East~ 941.84 feet mIong the Sou~h line of San~y lake
Roaa to a-point for corner~
THENC~ South 0e II~ 00~ Ea~, 99~.06 f~et.lemviag the
South line O[ Sandy Lake Road-a~d along a mutual Boundary
Line Agreement as =ecoraed in Vol~e 85013, Page 4129;
TH~NC~ No~th 89" 49' 00" ~st, 50.~0 feet to the POINT
BZG~ING~' an Iron .pin?fpr
~ERCE N&rth 89~ %9q ~'6'~ EaSt, 606';12 f~e~ to an irc, pin
~or corner;
THENCE South 0~ 11' 00'.East, 336.65 fee~ to an iron pin
corneT;
THENCE South 89" 58' 20" West, 606.12 feet to an iroa pin
for conner;
THICK North 0" ll' 00" West~ 335.00 feet to 'the .~I~ OF
EGI~ING an4 CONTAINING 4.673 acres (203,548 square feet)
of land~ more or less.
~. ~]. I-~ I . ~ ,
. ~'m .,~{ ....
EXHIBIT
Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and
Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of
the motion.
Mayor Morton announced that the Keep Coppell Beautiful Committee and the Tree Board had
been held open for receiving applications and these positions would be filled after the closing
date.
Mayor Morton reopened the Citizen's Appearance portion of the meeting at this time to allow
Dean Wilkerson to address his concerns to Council regarding Consent Agenda Item 10 O.
CONSENT AGENDA
10. Consider approval of the following consent agenda item~:
A. Consider approval of minutes: August 22, 1995
August 26, 1995
B. Consider approval of an ordinance revising the City of Coppell
Thoroughfare Plan to designate Sandy Lake Road as a four-l~ne
divided boulevard (C4D) from Denton Tap Road to future Freeport
Parkway and authorizing the Mayor to sign.
C. Consider approval of extending the contract with Sandy Lake Animal
Hospital for services for a period from September 1, 1995 to August 31,
1996, in an amount not to exceed $18,150.00, and authorizing the
Mayor to sign.
D. Consider approval of a variance to Section 10-5-2(C) of the City of
Coppell Sign Ordinance to reduce the required 75-foot setback from
property lines other than those fronting a street right-of-way, to
approximately 8 feet for the North side of the property located at 250
S. Denton Tap Road. Thig varionce is being requested by Mr. Lenny
Poulsen for White Glove Car Wash.
E. Consider approval of an ordinance amending Article 15-1 of the Code
of Ordinances to adopt the Uniform Building Code, 1994 Edition, with
amendments, and authorizing the Mayor to sign.
F. Consider approval of an ordinance amending Article 15-5 of the Code
of Ordinances to adopt the Uniform Fire Code, 1994 Edition, and the
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Uniform Fire Protection Code Standards, 1994 Edition, with
amendments, and authorizing the Mayor to sign.
G. Consider approval of an ordinance amending Article 15-3 of the Code
of Ordinances to adopt the Uniform Mechanical Code, 1994 Edition,
with amendments, and authorizing the Mayor to sign.
H. Consider approval of an ordinance amending Article 15-2 of the Code
of Ordinances to adopt the National Electrical Code, 1993 Edition, and
the Uniform Administrative Code Provisions for the National Electric
Code, 1993 Edition, with amendments, and authorizing the Mayor to
sign.
I. Consider approval of an Ordinance, with a special condition, for Case
No. S-1097 (Southwestern Mobile Cell Site), to change the zoning from
LI-S.U.P. (Light Industrial, Special Use Permi0 to LI-S.U.P. (Light
Industrial, Special Use Permit), for property located on the east side of
Royal Lane, approximately 990 feet south of Thweatt Road, and
authorizing the Mayor to sign.
J. Consider approval of an Ordinance, with special conditions, for ~1096
(N.Y. Bat, el Company), to change the zoning from LI (Light Industrial)
to LI-S.U.P. (Light Industrial, Special Use Permi0, for property located
in the Valley Ranch Center at the southeast corner of MacArthur
Boulevard and Beltllne Road, and authorizing the Mayor to sign.
K. Consider approval of an Ordinance approving an amendment to the
budget for the Fiscal Year October 1, 1994 through September 30,
1995, and authorizing the Mayor to sign.
L. Consider approval of a Resolution amending the Guidelines for Tax
Abatement Agreements and the Guidelines for Tax Abatement, and
authorizing the Mayor to sign.
M. Consider approval to waive the screenwall requirements of Section 33
of the Zoning Ordinance as it would apply to Park West Business
Center H in order to permit the location of unscreened loading areas 15
feet from the street rights-of-way on property located between Airline
and Wrangler Drives, along the east side of Executive Drive.
N. Consider approval of an Ordinance authorizing the issuance of City of
Coppell, Texas General Obligation Bonds, Series 1995, in the principal
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amount of $1,170,000, ordaining other matters relating to the subject
and authorizing the Mayor to sign.
O. Consider approval of an Ordinance authorizing the issuance of City of
CoppeR, Texas Combination Tax and Revenue Certificates of
Obligation, Series 1995-A, in the principal amount of $2,830,000,
ordaining other matters relating to the subject and authorizing the
Mayor to sign.
Items D, F and H were pulled for further consideration.
Items A, B, C, E, G, I, J, K, L, M, N and O --
Mayor Pro Tem Robertson moved to approve Consent Agenda Items A, B carrying Ordinance
No. 95710, C, E carrying Ordinance No. 95711, G carrying Ordinance No. 95713, I carrying
Ordinance No 91500-A-94, J carrying Ordinance No. 91500-A-95, K carrying Ordinance No.
95715, L carrying Resolution No. 091295.1, M, N carrying Ordinance No. 95716 and O
carrying Ordinance No. 95717. Councilmember Alexander seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson,
Tunnell, Mayo, and Sheehan voting in favor of the motion.
Item D -
Greg Jones, Chief Building Official, made a presentation to Council. Joe Ormond, representing
Applicant, addressed the Council. Mayor Pro Tern Robertson moved to approve Consent
Agenda Item 10 D. Councilmember Sheehan seconded the motion; the motion to approve failed
4-3 with Mayor Pro Tem Robertson and Councilmembers Mayo, and Sheehan voting in favor
of the motion and Councilmembers Alexander, Sturges, Watson, and Tunnell voting against the
motion.
Item F --
Clay Phillips, Assistant City Manager/Fire Chief, made a presentation to the Council. Mayor
Pro Tem Robertson moved to approve Consent Agenda Item F carrying Ordinance No. 95712
with a revision stating the sprinkler requirement pertains to any commercial property exceeding
5,000 square feet and 35 feet in height and any residential property exceeding 10,000 square
feet. Councilmember Sheehan seconded the motion; the motion carried 7-0 with Mayor Pro
Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan
voting in favor of the motion.
Item H --
Greg Jones, Chief Building Official, made a presentation to Council. Randy Bollig, Chairman
of the Building and Standards Commission, addressed the Council concerning the conduit issue.
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