CC approval of ORD 7/9/96CITY COUNCIL MEETING:
AGENDA REQUEST FORM
July 9, 1996
ITEM
ITEM CAPTION:
Consider approval of an Ordinance for S-1110, PCS PrimeCo Wireless
Communications, zoning change from LI (Light Industrial) to LI-S.U.P.
(Light Industrial, Special Use Permit), with special conditions, to
allow a wireless communications antenna be mounted to an existing T.U.
Electric Tower with an accessory cabinet at the base of the tower
located on the T.U. easement south of Cotton Road, approximately 1,346
feet east of Royal Lane, and authorizing the Mayor to sign.
SUBMITTED B
TITLE: "--Dil-ec-toi- v~PT~ng and Comm.
STAFF COMMENTS:
Services
INITIALS~
Council approved this zoning change on May 14, 1996.
On June 25, 1996, Council tabled this Ordinance until its July 9th
meeting for assurance from the applicant that proper landscaping will
be placed at the site.
STAFF RECOMMENDATION
EXPLANATION:
BUDGET AMT. $
FINANCIAL COMMENTS: ~/~
Approval X Denial
'CITY COUNCIL
DATE .... ,'z-
AMT. EST.$
+/- BUD:$
FINANCIAL REVIEW~
Agenda Request Form - Revised 1/94
Pu~ 'gokkn~cd" ~r i~ ~dmcr ~
CITY MANAGER REVIEW:
Document Name slll0ord.pz
City W~th ,% I~mutlful Futura
CITY COUNCIL MEETING:
AGENDA REQUEST FORM
June 25, 1996
ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for S-1110, PCS PrimeCo Wireless
Communications, zoning change from LI (Light Industrial) to LI-S.U.P.
(Light Industrial, Special Use Permit), with special conditions, to
allow a wireless communications antenna be mounted to an existing T.U.
Electric Tower with an accessory cabinet at the base of the tower
located on the T.U. easement south of Cotton Road, approximately 1,346
feet east of Royal Lane, and authorizing the Mayor to sign.
SUBMITTED BY: ~ry L. Sieb j'
TITLE: Director of Planning and Comm. Services INITIALS,,~/~
STAFF COMMENTS:
Council approved this zoning change on May 14, 1996.
STAFF RECOMMENDATION
EXPLANATION:
Approval
Denial
BUDGET AMT.$
FINANCIAL COMMENTS:~~
FINANCIAL REVIEW~
Agenda Request Form - Revised 1/94
Pu~ 'gokicnmcl" pa~r in prin~r ~
AMT. EST.$
+/- BUD:$
CITY MANAGER REVIEW:
Document Name slll0ord.pz
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. c~/..S"O0 --/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 IN ZONING FROM "LI" (LIGHT INDUSTRIAL)
TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) WITH
SPECIAL CONDITIONS TO ALLOW A WIRELESS COMMUNICATIONS
ANTENNA BE MOUNTED TO AN EXISTING T.U. ELECTRIC TOWER
WITH AN ACCESSORY CABINET AT THE BASE OF THE TOWER,
LOCATED ON THE PROPERTY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE
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.
WltEREAS, 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- 1110
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" (Light Industrial) to "LI-
S.U.P." (Light Industrial - Special Use Permit) to allow a wireless communications antenna be
mounted to an existing T.U. Electric tower with an accessory cabinet at the base of the tower,
located on the T.U. easement south of Cotton Road, approximately 1,346 feet east of Royal Lane,
SS241
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 mounting of the
wireless communications antenna with an accessory cabinet is hereby granted subject to the
following special conditions:
(A) The property shall be developed and used only in accordance with the Site Plan; and
the landscaping shall consist of 25 two gallon photinia plants, three feet on center,
five feet high, arranged in a circle around all sides of the accessory cabinet;
(B) The landscaping shall be kept in a growing, healthy condition.
SECTION 3. That the Site Plan attached hereto as Exhibit "B", 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
SS241
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 stun 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 fi:om 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 ~ d~day
~ l~Ip, I~¥OR PRO ~I~
ATTEST:
L~A GRAU, CITY SECRETARY
PETER G. SMITH, CITY ATTORNEY
(PGS/ttl 6/6/96)
SS241
LEGAL DESCRIPTION
BEING o 17.0' x 29.0' tract of land located in on existing Texas Power &
Ught Co. easement and being in Abstract No. 1.555, Joel Wilson Survey,
Oollos County, Grid being furl:her described os follows:
Commencing at the intersection centerlines of Cotton Rood and Old Radio
Rood (Royal Lone);
Thence South 89' 47' 11' East a distance of 1765.00 feet along centerline
of east Cotton Rood.
Thence South 00' 52' 29" West a distance of 31.0 feet to the centerpoint
of Texas Utilities Pole 3/10;
Thence North 89' 47' 11" West o distance of 4,0 feet from the
centerpoint of Pole 3/10 to the POINT OF BEGINNING;
Thence North 00' 12' 29" Eas{ o distance of 7.67 feet to <3 point, where said
point is <3 south boundary of Cotton Road, for a corner;
Thence South 89' 47" 11" East a distance of 17.0 feet to o corner;
Thence South 00' 12' 49" West a distance of 29.0 feet to a comer;
Thence North 89' 47' 11" West o distance of 17.0 feet to o corner;
Thence North 00' 12' 49" East o distance of 21,;~,3 feet to the PONT OF'
BEGINNING and CONTAINING 493 square feet or .0113 acre tract of land.
EXI~IBIT "Au