OR 91-500-A-228 Changes zoning to "A-SUP" for communications antenna for AT&T Wireless AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A228
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) TO GRANT A
SPECIAL USE PERMIT FOR A COMMUNICATIONS ANTENNA FOR
THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, ANTENNA DETAILS AND
ELEVATION PLAN, AND SURVEY LEASE MAP, ATTACHED HERETO
AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; 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 goveming 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-1161
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) to grant a special use permit for a communications antenna,
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subject to special conditions for the property described in Exhibit "A" attached hereto and made a
part hereof for all purposes.
SECTION 2. That the Special Use Permit for a communications antenna is hereby
approved subject to the following special conditions:
(A) That minimum separation distance between the antenna and residential uses as is
provided in the Comprehensive Zoning Act, as applied to this use is hereby waived.
(B) The Dalworth Quick-set veneer in an earth-tone maroon color be used at the outer
casing of the base building.
SECTION 3. That the site plan, antenna detail and elevation plan, and survey lease map,
attached hereto as Exhibits "B", "C", and "D", respectively, and made a part hereof for all
purposes, are 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 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.
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
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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 from and after its passage
and the publication of its caption, as the law and chm'ter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 13th day
of July, 1999.
APPROVED
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, INTERIM CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 7/7/99)
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LEGAL DESCRIPTION -- LEASE SITE
BEING a tract of land out of and a portion of the Singleton Thompson
Sur~ey, Abstract No. 1493, Dallas County, Texas, same being out of and a
portion of that certain tract of land conveyed to Dallas Power & Light
Company, by Warranty Deed dated October 22, 1956 end recorded in Volume
4594, Page 302, Deed Records Dallas County, Texas, and being more
particularly described as follows:
COMMENCING FOR REFERENCE at the southwest corner of Coppell Crossing One
tract, recorded in Volume 97098, Page 01191 Deed Records Dallas County
Texas end same being on ,.the east line of said Dallas Power & Light
Company Tract;
THENCE along the west line of said Coppell Crossing One Tract, and along
the east line of said Dallas & Power Light Company Tract, North 29
degrees 13 minutes 41 seconds East, o distance of 102.18 feet to a point;
THENCE through the interior of said Dallas & Power Light Company Tract,
North 37 degrees 58 minutes 43 seconds West, a distance of 35.40 feet to
the POINT OF BEGINNING hereof;
THENCE through the interior of said Dallas & Power Light Company Tract,
the following four (4) courses;
1. North 60 degrees 56 minutes 52 seconds West, a distance of 20.00 feet
to a point;
2. North 29 degrees 03 minutes 08 seconds East, a distance of 35.00 feet
to a point;
3. South 60 degrees 56 minutes 52 seconds East, o distance of 20.00 feet
to a point;
4. South 29 degrees 03 minutes 08 seconds West, a distance of 35,00 feet
to the POINT OF BEGINNING and containing 700 square feet or 0.0161
acres of land, more or less.
EIItIBIT "A" (Page 1 of 4)
LEGAL DESCRIPTION - ACCESS AND UTILITY F_.ASEMENT # 1
BEING o tract of land out of and a portion of the Singleton Thompson
Survey, Abstract No. 149.:3, Dallas County, Texas, same being out of and a
portion of that certain tract of land conveyed to Coppell Crossing One.
Ltd., by Warranty Deed doted May 20, 1997 and recorded in Volume 97098,
Page 01191, Deed Records, Dallas County, Texas, and being more
porUcularly described as follows:
COMMENCING FOR REFERENCE at the southeast corner of said Coppell Crossing
One tract, same being on the existing west righf~-of-way line of MacArthur
Boulevard, (R.O.W varies);
THENCE along the east line of said Coppell Crossing One tract, and <~long
the west right-of-way line of MocArthur Boulevard, (R.O.W varies), North
O0 degrees 02 minutes 08 seconds East, a distance of 68.95 feet to the
POINT OF BEGINNING hereof;
THENCE through the interior of said Coppell Crossing One tract, North 88
degrees 41 minutes .38 seconds West, a distance of 457.14 feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, North 82 degrees ,31 minutes ,34 seconds West, a distance of 178.17
feet to o point;
THENCE continuing through the interior of said Coppell Crossing One
tract, North .37 degrees .38 minutes 4.3 seconds West, a disk]nce of 40.07
feet to o point on the west line of said Coppell Crossing tract, same
being the east line of that certain tract conveyed to Dallas Power &
Light Company by Deed recorded in Volume 459¢, Page 502, Deed Records
Dallas County, Texas;
THENCE along the west line of said Coppell Crossing One tract, s<~me being
the east line of Dallas Power & Light Company tract, North 29 degrees 1.3
minutes 41 seconds East, a distance of 21.75 feet to a point;
THENCE through the interior of said Coppell Crossing One tract, South .37
degrees .38 minutes 4.3 seconds East, o distance of 40.,35 feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, South 82 degrees .31 minutes .34 seconds East, a distance of 168.8.3
feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, South 88 degrees 41 minutes 58 seconds East, a distance of 455.62
feet to o point on the e(~st line of said Coppell Crossing One tract,
samba bain the exist;ng west r;ght-of-way llne oF MacArthur Roulevard;
THENCE along the east llne of said Coppell Crossing One tract, same being
the existing west right--of-way line of MacArthur Boulevard (R.O.W.
varies) South O0 degrees 02 minutes 08 seconds West, a distance of 20.00
feet to the POINT OF BEGINNING and containing 1.3402 square feet or 0..3077
acres of land, more or less.
EXHIBIT "A" (Page 2 of 4)
LEGAL DESCRIPTION -- ACCESS AND UTILITY EASEMENT ~2
BEING a tract of land out of and a portion of the Singleton Thompson
Survey, Abstract No. 149,3, Dallas County, Texas, same being out of and a
portion of that certain tract of land conveyed to Dallas Power & Light
Company, by Warranty Deed dated October 22, 1956 and recorded in Volume
4594, Page 502, Deed Records Dallas County, Texas, and be;ng more
particularly described as follows:
COMMENCING FOR REFERENCE at the southwest corner of Coppell Crossing One
tract, recorded in Volume 97098, Page 01191 Deed Records Dallas County
Texas and same being on the east line of said Dallas Power & Light
Company Tract;
THENCE along the west line of said Coppell Crossing One tract, and along
the east line of said Dallas Power & Light Company tract, North 29
degrees 13 minutes 41 seconds East, a distance of 102.18 feet to the
POINT OF BEGINNING hereof;
THENCE through the interior of said Dallas Power & Light Company tract,
the following three (3) courses;
North .~7 degrees 38 minutes 43 seconds West, a dist:ance of 35.40 feet to
a point;
North 29 degrees 03 minutes 08 seconds East, a distance of 21.78 feet to
a point;
South 37 degrees 38 minutes 43 seconds East, a distance of 35.47 feet to
o point on the west line of said Coppell Crossing One tract, some being
the east line of said Dallas Power & Light Company tract;
THENCE along the west line of said Coppell Crossing One tract, same being
the east line of said Dallas Power & Light Company tract, South 29
degrees 13 minutes 41 seconds West, o distance of 21.75 feet to the POINT
OF BEGINNING and containing 709 square feet or 0.0163 acres of land, more
or Jess.
EZHIBTT "A" (Page 3 of:4)
LEGAL DESCRIPTION - UTILITY EASEMENT
BEING a tract of land out of and a portion of the Singleton Thompson
Survey, Abstract No. 1493, Dallas County, Texas, same being out of and a
portion of that certain tract of land conveyed to Dallas Power & Light
Company, by Warranty Deed dated October 22, 1956 and recorded in Volume
4594, Page .:302, Deed Records Dallas County, Texas, and being more
particularly described as follows:
COMMENCING FOR REFERENCE at the southwest corner of Coppell Crossing One
tract, recorded in Volume 97098, Page 01191 Deed Records Dallas County
Texas and same being on the east line of said Dallas Power & Light
Company tract;
THENCE along the west line of said Coppell Crossing One tract, and along
the east line of said Dallas & Power Light Company tract, North 29
degrees 1.3 minutes 41 seconds East, a distance of 102.18 feet to a point;
THENCE through the interior of said Dallas & Power Light Company tract,
North 37 degrees 38 minutes 4.3 seconds West, a distance of .35.40 feet to
the POINT OF BEGINNING hereof;
THENCE through the interior of said Dallas Ar Power Light Company tract,
the following four (4) courses:
1. South 06 degrees 27 minutes 54 seconds West, a distance of 85.49 feet
to a point;
2. North 8.~ degrees .32 minutes 06 seconds West, a distance of 5.00 feet
to a point;
3. North 06 degrees 27 minutes 54 seconds East, a distance of 85.57 feet
to a point;
4. South 60 degrees 56 minutes 52 seconds East, a distance of 5.42 feet
to the POINT OF BEGINNING and containing 42`3 square feet or 0.0097
acres of land, more or less.
EXHIBIT "A" (Page 4 of 4)
}~2{HIBIY "B"
EXltlBIT "C"
EXHIBIT