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Home My WebLink AboutOrdinance No. 02-1398 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~,_~-/~ ~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, THE SAME BEING APPENDIX A-ZONING OF THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A WIRELESS COMMUNICATIONS ANTENNA FACILITY TO BE LOCATED ON A TXU TRANSMISSION TOWER SITUATED ON A 240 SQUARE FEET TRACT OF LAND, BEING A PORTION OF AN EASEMENT AND RIGHT-OF-WAY LOCATED SOUTH OF MCKAMY TRAIL, IN THE CITY OF THE COLONY; REQUIRING COMPLIANCE WITH A SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR A CORRECTION OF THE OFFICIAL ZONING MAP TO REFLECT THE CHANGE MADE HEREIN; PROVIDING A SERVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, AT & T Wireless filed an application with the Planning and Zoning Commission requesting a Specific Use Permit to install and operate a wireless communications antenna facility, and an amendment to the official Zoning District Map of the City in accordance with Appendix A-Zoning of the city's Code of Ordinances (the "Comprehensive Zoning Ordinance"); and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendment to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the City Council has in its legislative discretion concluded that the adoption of this Ordinance is in the best interests of the City of The Colony, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: -1- Section 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Specific Use Permit. The Comprehensive Zoning Ordinance of the City, Ordinance No. 61, dated June 4, 1979, as amended, the same being Appendix A- Zoning of the Code of Ordinances of the City, is hereby amended by approving and granting a Specific Use Permit to install and operate a wireless communications antenna facility on a TXU transmission tower located on 240 sq. ft. tract of land more particularly described and shown on a site plan, attached hereto and incorporated herein as Exhibit Section 3. Site plan. The Site Plan showing the location of the wireless communication antenna facility is approved and is hereby incorporated into and made a part of this Ordinance. The development and use of the said tract shall be in accordance with the Site Plan, this Ordinance, the Comprehensive Zoning Ordinance, and all other applicable ordinances of the City. Section 4. Zoning map. The Planning Director is hereby directed to mark and indicate on the official Zoning District Map of the City to reflect the zoning change herein made. Section 5. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the City for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section6. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 7. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 8. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of -2- this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the __9__ day of September__, 2002. ~~~ ~v~ile-Shannon, Ma., - ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: ~offHikel, C~ey EXHIBIT "A" Site Plan of TXU Tower MCKAMY TRAIL / / / 20' u,urr / 170' I-.P.&L. CO. 5576 VOL. 530, PG. 539 D.R.O.C.T. 70' EP.&L. CO. EASEMENT ----~,l,*~r VOL. 2928, PG. 510 O.R.D.C.E L1 Page 1 of 5 EXHIBIT "A" Lease Site ACCESS EASEMENT LE~E ~I[E 240 SF 00055 AC LEA SE SITE Page 2 of 5 EXHIBIT "A' TXU Tower Elevation ANTENNA HEIGHT SHOWN-REPRESENTS DESIGN INTENT BASED ON INFORblAllON FROM THE CLIENT. CAPACITY OF TXU TOWER WITH NEW ANTENNAS TO BE VERIFIED WITH STRUCTURAL ANALYSIS PROVIDED BY REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF' TEXAS. NO CONSll~uCT1ON SHALL PROCEED UNTIL SAID ANALYSIS HAS BEEN APPROVED 8Y TXU AND THE ENGINEER WHOSE SEAL IS PRESENT ON THESE---~//~ CONSTRUCTION DRA~NGS. (6)-NEW ATTWS ANTENNAS, TWO PER SECTOR. ,~EW GROUND B^R. EX,SnNG ~'-0" .,G. VOLTAGE TXU TOWER #32/4 iNSTALL NEW WAVEGUIDE LAODER~ ON EXISTING TOWER FACE. NEW ATTWS 9" WIDE COAX TRAY FROIvl CABINET TO TOWER. NEW ATTWS EQUtPMENT CABINEI PRECAST CO~CRETE SLAB. NEW ERICSSON RBS 210§ OUTDOOR EQUIPMENT CABINEI GRADE LINE=662.6 Page 3 of 5 EXHIBIT "A" LEGAL DESCRIPTION LEASE AREA BEING a tract of land situated in the John Martin Survey, Abstract No. 827, Denton County, Texas, same being out of and a portion of that certain easement and right-of-way granted to Texas Power & Light Company by instrument dated October 19, 1965, and recorded in Volume 530, Page 539, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 518" iron rod found at the intersection of the south line of that certain easement and right-of-way granted to Texas Utilities Electric Company by instrument dated February 15, 1991, and recorded in Volume 2928, Page 510, Deed Records, Denton County, Texas, with the west line of Saintsbury Drive (60' right-of-way), also being the ~orthwest comer of Lot 1. Block A. Parks of Austin Ranch, Lot 1, Block A. an addition to the City of the Colony, Denton County, Texas, according to the map or plat thereof recorded in Cabinet S, Page 400. Map Records. Denton County, Texas; THENCE along the south line of said Texas Utilities Electric Company easement, same being the north line of said Parks of Austin Ranch, North 86 degrees 42 minutes 29 seconds West, a distance of 70.91 feet to a Point; THENCE through the interior of said Texas Utilities Electric Company tract and said Texas Power & Light Company tract, North 03 degrees 17 minutes 31 seconds East, a distance of 78.98 feet to a 5/8" iron rod set for the POIN'I' OF BEGINNING hereo~, THENCE continuing through the interior of said Texas Power & Light Company tract the following four (4) courses: 1. North 03 degrees 20 minutes 50 seconds East. a distance of 12.00 feet to 518" iron rod set; 2. South 86 degrees 39 minutes 10 seconds East, a distance of 20,00 feet to a 5/8' iron rod set; 3, 8outh 03 degrees 20 minutes 50 seconds West, a distance of 12.00 feet to a 51W iron rod set; 4. Nodh 86 degrees 39 minutes 10 seconds West, a distance of 20.00 feet to the POINT OF BEGINNING hereof and containing 0.0055 acres or 240 square feet of land, more or less. Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION 20' UTILITY & ACCESS EASEMENT BEING a tract of land situated in the John Martin Survey, Abstract No. 827, Denton County, Texas. same being out of and a portion of that certain easement and right-of-way granted to Texas Power & Light Company by instrument dated October 19, 1965, and re~orded in Volume 530, Page 539, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 518" iron rod found at the intersection of the south line of that certain easement and right-of-way granted to Texas Utilities Electric Company by instrument dated February 15, 1991, and recorded in Volume 2928, Page 510, Deed Records, Denton County. Texas, with the west line of Saintsbury Drive (60' right-of-way), also being the northwest comer of Lot 1, Block A, Parks of Austin Ranch. Lot 1, Block ,% an addition to the City of the Colony, Denton County, Texas, according to the map or plat thereof recorded in Cabinet S. Page 400, Map Reoords, Denton County, Texas; THENCE along the west right-of-way line of Seintsbury Drive, North 00 degrees 31 minutes 58 seconds West, passing at a distance of 7'0.16 feet the south line of said Texas Power & Light Company easement and continuing for a total dis{ance of 264.08 feet to the intersection of the west right-of-way line of Saintsbury Drive with the south right-of-way line of M=Kamy Trail; THENCE along the south right-of-way line of McKamy Trail. South 89 degrees 24 minutes 59 seconds West, a distance of 44.72 feet to the POINT OF BEGINNING hereof; THENCE through the interior of said Texas Power & Light Company tract the following three (3) courses: 1. South 00 degrees 31 minutes 58 seconds F__.ast, a distance of 169.89 feet to a ,5/8" iron rod set, same being the northeast corner of the lease area described he~eon; 2. Along the north fine of said lease area, North 86 degrees 39 minutes 10 seconds West, a d~'tance of 20,00 feet to a 5/8' iron rod set for the northwest comer thereof; 3. North 00 degrees 31 minutes 58 seconds West, a distance of 168.52 feet to a Point, same being on the south right-of-way line of McKamy Trail; THENCE along the south right-of-way line of McKamy Trail, North 89 degrees 24 minutes 59 seconds East, a distance of 19,95 feet to the POINT OF BEGINNING hereof and containing 0.0775 acres or 3375 square feat of lend, more or less. Page 5 of 5