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CC approval of ORD-10/12/99~~f~t'~t_~'L AGENDA REQUEST FORM ET~G: O~ober 12, 1999 ITEM g ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1123R, AT&T Wireless Services, zoning change request for property zoned LI-S.U.P. (Light Industrial, Special Use Permit), to allow a 20' extension of a preexisting 75'-high AT&T monopole and to accommodate the collocation of antennas on property located at 200 E. Beltline Road, and authorizing the Mayor to sign. SUBMITTED~~ TITLE. Director of Pla ' g CO''~MM~ and Community Services STAFF APPROVED BY CITY COUNCIL DATE ~.~.~ · Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Council unanimously granted this zoning change request on September 14, 1999. Staff recommends approval. DIR. INITIALS: ~ ~ FIN. REVIEW: ~ Agenda Request Form - Revised 2 99 CITY MANAGER REVIEW: Document Name: @S1123Ro AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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-1123) ORDINANCE NO. 91500-A- 153 BY PROVIDING FOR A TWENTY FOOT (20') EXTENSION OF THE PRE-EXISTING SEVENTY-FIVE (75') FOOT HIGH AT&T MONOPOLE AND TO ACCOMMODATE THE COLLOCATION OF ANTENNAS FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN AND TOWER ELEVATIONS 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 heatings and affording a full and fair hearing to ail 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-1123R 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 goveming body of the City of Coppell, Texas, as heretofore amended, be amended by amending Special Use Permit (S-1123) Ordinance No. 91500-A-153 to allow a twenty foot (20") extension of the pre-existing AT&T monopole, to accommodate the collocation of antennas and to approve the revised site plan and tower elevation plan for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 28329 SECTION 2. That the property shall be developed and used only in accordance with Special Use Plan (S-1123), Ordinance No. 91500-A-153, as amended hereto and the Site Plan and Tower Elevation Plan attached hereto 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-1123), Ordinance No. 91500-A-153 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 2 29329 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 ~. ~ day of ~OBER'I~ E:I~ (REH/cdb 9/27/99~ CANDY SHEE~AN, MAYOR ATTEST: ~SECRETARY CITY ATTORNEY 3 28329 LEGAL DESCRIPTION BEING A TRACT OR PARCEL OF LAND SITUATED IN THE McKINNEY AND WILLIAMS SURVEY, ABSTRACT NO. 1054, IN THE CITY OF GOPPELL, DALLAS COUNTY, TEXAS, AND BEING A PORTION OF A 23.98 ACRE TRACT OF LAND AS RECORDED IN VOLUME 80112, PAGE 3098 OF THE DEED RECORDS, DALLAS COUNTY, TEXAS; ALSO BEING A PORTION OF SHAKE AND SHINGLE ADDITION, AN ADDITION TO THE CITY OF COPPELL, MAP RECORDS OF DALLAS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM AN IRON ROD IN THE NORTH RIGHT-OF-WAY OF BELT LINE ROAD (A 120' R.O.W.) AT THE SOUTHEAST CORNER OF BLOCK 2, NORTH· LAKE BUSINESS ENTER, PHASE I, AN ADDITION TO THE CITY OF COPPELL, TEXAS AS RECORDED IN VOLUME 81085, PAGE 970, PLAT RECORDS, DALLAS COUNTY, TEXAS; THENCE N 01"17'00'' E ALONG SAID EAST LINE OF NORTH LAKE BUSINESS CENTER, PHASE I, A DISTANCE OF 222.5 FEET TO THE PLACE OF BEGINNING; THENCE N 01°17'00'' E ALONG SAID EAST LINE OF NORTH LAKE BUSINESS CENTER, PHASE I, A DISTANCE OF 60.0 FEET TO A POINT FOR A CORNER, THENCE S 88°5i'00"E A DISTANCE OF 60.00 FEET TO A POINT FOR A CORNER; THENCE S Ol°lT'00"W A DISTANCE OF 60.0 FEET TO A POINT FOR A CORNER, THENCE N 88°51'00"W A DISTANCE OF 60.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 3,600 SQUARE FEET OR 0.08 ACRES OF LAND, MORE OR LESS. I f a ,WYMAP i i 1 i i TO'lEA ELEVATION - IIFOIIE