Loading...
CC approval of ORD-7/9/96~,,~ AGENDA REQUEST FORM / CITY COUNCIL MEETING: July 9, 1996 ITEM # y~ ITEM CAPTION: Consider approval of an Ordinance for S-1111. 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, approximately 1,349 feet east of SH 121 Frontage Road, along the north side of Sandy Lake Road, and authorizing the Mayor to sign. SUBMITTED B~Zry L. S ieb% TITLE: Director of Planning and Comm. Services INITI~LS~- STAFF COMMENTS: 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 &pproval X Denial APPROVED zJ. - CiTY cOUNCIL DATE BUDGET AMT. $ ~T. EST. $ +/- BUD: $ FINANCIAL REVIEW~D~ CITY MANAGER REVIEW: .-,, Agenda Request Form - Revised 1/94 Document Name sllllord.l~ Pu~ 'gol~n.-od" pe~r ~, prlm~'- ITEM CAPTION: Consider approval of an Ordinance for S-1111, 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, approximately 1,349 feet east of SH 121 Frontage Road, along the north side of Sandy Lake Road, and authorizing the Mayor to sign. TITLE: Director of Planning and Comm. Services INITIALS~- STAFF COMMENTS: Council approved this zoning change on May 14, 1996. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS:~[~ FINANCIAL REVIEW CITY MANAGER REVIEW: A~enda Request Form - Revised 1/94 Document Name sllllord.oz Put "gok~m~d' AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9/,5'00-./:] -/,.~ '~ 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 TO~VER WITH AN ACCESSORY CABINET AT THE BASE OF THE TOXVER, 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. 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-1111 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 approximately 1,349 feet east of SH 121 Frontage Road, west of SS242 Royal Lane, along the north side of Sandy Lake Road, 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 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 13 two-gallon photinia plants, three feet on center, five feet high, arranged in a semi-circle around two sides of the accessory cabinet, as well as the frontage that faces Sandy Lake Road, (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 SS242 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 amend.ed, 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 l~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 ~' '~day of / ,1996· APPRO~q3D: LINI~A GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 6/6/96) SS242 BEING a 37.34' X 27.0' tract of land located in on existing Texos Power & Light Go. eosment and being in Abstract No. 614, Dallas Ooun~, and ~[ng more pa~iculoHy d~c~bed as follows: Commencing at th~ ;nte~ction centeflines of State Highway 121 No~hbounO Sewlce R~o~ and Son~ Lake Roo~ (County Ro=~ 3044); ~ence South ~ 26' 34' East a di~ance of 1097.32 feet clang the ceflterline of Sandy Lake Road; ~en~ South 8~ 30' 11" East · di~once of 191.68 feet along the cente~ine of San~ Luke Road; ~ence No~h 01' 33' 2~ East · di~o~ce of 26.0 feet to centerpoint of Texas Utilities Pole 20/3; Thence South 01' 33' 2~ West o dist;nce of 5.81 feet from the cente~oint of Pole 20/3 to the POINT OF BEGINNING; ~en~ No~h 8~ 25' O~ W~t a diMunce of 18.67 feet to a corner: ~ence No~h 01' 35' 0~ [0st = diMonce of 27.00 feet to a comer; Then~ South 8~ 25' ~ East a di~once of 37.34 feet to · comer; Thence South 01' 35' 0~ West · distance of 27.0 feet to a comer; ~ence NoAh ~ 25' O~ We~ a alliance of 18,67 feet to the BEGINNING and CO~NNING 1008 square feet or ,O231 acre tract of ~and.