CC approvl of ORD-4/11/00 I
AGENDA REQUEST FORM
~,~ ~7;~Ti;;ET~G: April 11, 2000 ITEM # ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1108R, PCS PrimeCo Wireless Communications, zoning
change request for property zoned A-S.U.P. (Agriculture, Special Use Permit) to amend the Special Use
Permit Site Plan to allow 2 additional accessory cabinets at the base of an existing TX.U. Electric tower
located approximately 1,000' southwest of the intersection of S. MacArthur Boulevard and the TU. Electric
transmission line easement; north of E. Beltline Road, and authorizing the Mayor to sign.
4PPRO 7?
SUBMITTEI~BY: GaryL.Sieb '~
TITLtk~ Director of Plann~dnd Community Services
STAFF CO~ ....................... ~'
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On November 9, 1999, Council unanimously approved this Special Use Permit amendment.
Staff recommends approval of this request.
DIR. INITIALS:~. FIN. REVIEW: °~ CITY MANAGER REVIEW: ~
Agenda Request Form - Revised 2/99 Document Name: ~S 1108Ro
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS -
ORDINANCE NO. ~"~- ~'g~.
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
AMENDING SPECIAL USE PERMIT (S-1108) ORDINANCE NO. 91500-A-
127 BY PROVIDING FOR TWO ADDITIONAL ACCESSORY CABINETS
AT THE BASE OF EXISTING T.X.U. ELECTRIC TOWER FOR THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN
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 goveming body is of the opinion that Zoning Application No. S-1108R
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
amended by amending Special Use Permit (S-1108) Ordinance No. 91500-A-127 to provide for
two additional accessory cabinets at the base of existing T.X.U. Electric tower and to approve the
revised site plan for the property 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
Special Use Plan (S-1108), Ordinance No. 91500-A-127, as amended hereto and as a further
1 31548
condition, the Site Plan attached hereto and incorporated herein by reference as Exhibit "B", and
made a part hereof for all purposes, is hereby, approved.
SECTION 3. 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 4. 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,
except Special Use Permit (S-1108), Ordinance No. 91500-A-127 shall continue in full force and
effect except as amended herein.
SECTION 5. 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 6. 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 7. 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.
2 31548
SECTION 8. 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 .Ii ~ day
of ~~1,~ ,2000.
APPR~ED: ,,,q /Q
CAN~Y- SHEFfiI~, MAYOR ~
ATTEST:
~RY
ROBEPfT [f~GER, CITY ATTORNEY
(REH/cdb 3/21/00)
3 31548
LEGAL DESCRIPTION:
BEING o 34' x 40' tract of land located in on existing Texas
Power & Light Co. eosment and being in J. Porrish Abstract
No. 1139, Dallas County, Texas and being further described
os follows:
COMMENCING at the southwest line of Sandy Lake Rood, sold point
being 500..35 feet North 52' 45' 00" West from o point where said
southwest line of rood intersects the east boundary line of the David
Myers Survey, Abstract No. 886;
THENCE South 30' 00' 00" West <3long the south line of on existing
Texas Power & Light Co. eosment 4033.19 feet and South 34' 30' 00"
West 635.61 feet to o po~nt in the intersection of the south line of
said Texas Power & Light Co. easement;
THENCE North 46' 43' 02" West, o distance of 68.99 feet to the
POINT OF BEGINNING of this 34' X 40' tract of property;,
THENCE North 55' 30' 06" West o distance of 34 feet t.o o corner;
THENCE North 34' 30' 00" £ost o distance of 40 feet to o corner;
THENCE South 55' .t0' 06" Fast o distonce of 34 feet [o o corner;
THENCE South 34' .t0' 00" West ~ distance of 40 feet to the point
of BEGINNING AND CONTAINING 1,380 square feet, (00312 acres) of
land. more or less. '
~IBIT