OR 91-500-A-162 Zoning change from "LI" to "LI-S.U.P." on a 2500sqft property AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A162
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),TO
ALLOW A 120-FOOT-HIGH MONOPOLE WITH THREE ATTACHED
OMNI WHIP ANTENNAE FOR WIRELESS COMMUNICATIONS AND A
200-SQUARE-FOOT EQUIPMENT CABINET ON A 2,500-SQUARE-FOOT
SITE ON THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING SPECIAL CONDITIONS; 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 FOR 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 Case No. S-
1124-R 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 120-foot-high
monopole with three attached omni whip antennae for wireless communications and a 200-
square-foot equipment cabinet at the base of the monopole on a 2,500-square-foot site on the
property described in Exhibit "A", attached hereto and made a part hereof for all purposes.
SECTION 2. That the above change in zoning for Special Use Permit for wireless
communication tower and equipment cabinet is hereby granted, subject to the following special
cond it ions:
(A) The property shall be developed and used only in accordance with the Site Plan,
attached hereto as Exhibit 'B", and made a part hereof for all purposes;
(B) Property owner shall replace any planted landscape material which does not
survive;
(C) Property owner shall dedicate right-of-way for the extension of Northpoint Drive;
(D) Any electric utility extension to serve the property shall be underground if located
within 100 feet of the right-of-way of Northpoint Drive;
(E) The access drive shall be maintained to support 40,000 pounds;
(F) The property shall be developed and used only by Nextel of Texas, Inc., in
accordance with the conditions set forth herein and shall not be operated by any
other person, partnership, corporation or other entity. The special use permit
granted herein is specific to Nextel of Texas, Inc., on the location stated herein
and shall not be transferred to any other person, or entity, without the approval
of the City of Coppell, Texas.
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 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity
of the Comprehensive Zoning Ordinance as a whole.
SECTION 7. That an offense committed before the effective date of this ordinance is
governed by the 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 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 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
,1997.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETEh '~i SMI~ILI, CITY ATTORNEY
LEGAL DESCRIPTION
BEING a tract of land out of the Jesse Moore Survey, Abstract 968, Dallas County, Texas, and
being more particularly described as follows:
BEGINNING at a point located at the intersection of the south right-of-way line of West Sandy
Lake Road and the west right-of-way line of State Road;
TttENCE, S 00° 00' 40" E, along said west right-of-way line of State Road, a distance of
1560.60' to a point for corner;
TttENCE, S 00° 44' 16" W, continuing along the west right-of-way line of State Road, a
distance of 356.54' to a point for corner;
THENCE, N 89° 15' 44" W a distance of 20.01' to a point for corner;
THENCE, S 00° 44' 16" W a distance of 21.99' to a point for corner in the northeast corner
of a tract of land conveyed to the City of Coppell by deed recorded in Volume 96164, Page
00207, of the Deed Records of Dallas County, Texas;
TttENCE, N 89° 31' 16" W, along the north line of said City of Coppell tract, a distance of
2679.55' to a point for corner in the west line of Freeport North, an addition to the City of
Coppell, Texas, as recorded in Volume 84203, Page 1836, of the Map Records of Dallas
County, Texas:
TItENCE, N 00° 11' 05" E, along said west line of Freeport North, a distance of 521.89' to
a point for corner;
TttENCE, S 89° 57' 25" E a distance of 352.48' to a point for corner;
THENCE, N 01 o 00' 48" E a distance of 90.28' to a point for corner;
THENCE, S 89° 37' 29" E a distance of 322.94' to a point for corner;
THENCE, N 00° 18' 58" E a distance of 1323.60' to a point for corner in the south right-of-
way line of West Sandy Lake Road;
THENCE, S 89° 31' 14" E, along said south right-of-way line, a distance of 2018.11' to the
POINT OF BEGINNING.
EXHIBIT "A"
EXHIBIT "B"