CC approval of ORD-5/14/96 ~ With ^ Bnautiful F~tum
CITY COUNCIL MEETING:
AGENDA REQUEST FORM
May 14, 1996
ITEM #
ITEM CAPTION:
Consideration and approval of an Ordinance for Case No. S-1108, PCS
PrimeCo Wireless Communications Antenna and Accessory Cabinet, zoning
change from A (Agriculture) to A-S.U.P. (Agriculture, 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 approximately 1,000' southwest of the intersection
of MacArthur Boulevard and the T.U. transmission line easement; north
of Beltline Road, and authori~~m~F~~o sign.
SUBMITTED B~Gary L.s eb DAT¢ / f/e6
TITLE~~"-~ Planning and Co~. ~ervices INITIALS~.
STAFF CO~E~S:
Council approved this proposal at its April 9, 1996, meeting.
STAFF RECOMMENDATION
EXPLANATION:
Approval ~
Denial
BUDGET AMT.
FINANCIAL ¢o E s:
FINANCIAL REVIEW~
A~mda Request Form - Revised 1/94
AMT. EST.$
+/= BUD:$
CITY MANAGER REVIEW:
D~ument Namo pzsllOg.o~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~-/q ~ ] ~ "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 "A" (AGRICULTURE) TO "A-
S.U.P." (AGRICULTURE, SPECIAL USE PERMIT) WITH A SPECIAL
CONDITION, 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, ON THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATFACHED HERETO;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ATTACHED
HERETO AS EXHIBIT WB"; 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
heating to all property owners generally, and to all persom interested and situated in the
affected area and in the vicinity thereof, the said governing body is of the opinion that
Zoning Application No. 5-1108 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
"A" (Agriculture) to "A-S.U.P." (Agriculture, Special Use Permit) with a special condition,
to allow a wireless communications antenna be mounted to an existing T.U. Electric tower
AGGO83EA
with an accessory cabinet at the base of the tower, on the property 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 a wireless
communications antenna be mounted to an existing T.U. electric tower with an accessory
cabinet at the base of the tower is hereby granted subject to the following special condition:
(A) That the minimum finished floor elevation shall be two feet (2') above 100-
year base flood elevation, or the building shall be flood proofed.
SECTION 3. That the site plan, as shown as Exhibit "B", attached hereto and made
a part hereof for all purposes, be, and the same is hereby, approved.
SECTION 4. 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 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.
2 AGGOS.:3EA
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.
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 /, y/
dayof ~b///c~ , 1996.
'/~ APPROVED:
APPROVED AS TO FORM:
~,r~PETER G. SMITH, CITY ATrORNEY
(POS/id 5/2/96)
TOM MORTON, MAYOR
ATTEST:
LI'NDA (~RAU, CITY SECRETARY
3 AGGO8~EA
LEGAL DESCRIPTION
BEING a 34' x 40' tract of land located in an existing Texas
Power & Light Co. easment and being in Abstract No. 1442,
S. Thompson Survey, Dallas County, Texas and being further
described as follows:
COMMENCING at the southwest line of Sandy Lake Road, said point
being 500.35 feet North 52' 45' 00" West from a 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 along the south line of an existing
Texas Power & Light Co, easment 4033.19 feet and South 34' 30' 00"
West 6`35.61 feet to a point in the intersection of the south line of
said Texas Power & Light Co, easement;
THENCE North 46' 4`3' 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 a distance of ,34 feet to a corner;
THENCE Noth 34' 30' 00" East a distance of 40 feet to a corner;
THENCE South 55' 30' 06" East o distance of 54 feet to a corner;
THENCE South 34' 50' 00" West a distance of 40 f~et to the point
of BEGINNING AND CONTAINING 1,380 square feet, (0,0`312 acres) of
land, more or less.
E~q~IBIT