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OR 91500-A-683 Verizon Wireless AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-683 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 S-1195-TC (SPECIAL USE PERMIT-1195 TOWN CENTER) TO S-1195R4-TC (SPECIAL USE PERMIT-1195 REVISION 4-TOWN CENTER), TO AMEND THE SPECIAL USE PERMIT TO ALLOW A TELECOMMUNICATION TOWER AND EXPANSION TO THE CONCESSION/RESTROOM FACILITY TO HOUSE THE TELECOMMUNICATION EQUIPMENT ON PROPERTY LOCATED APPROXIMATELY 150 FEET EAST OF N. DENTON TAP ROAD AND APPROXIMATELY 1,050 FEET NORTH OF PARKWAY BLVD. (ANDY BROWN CENTRAL), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN WITH TOWER ELEVATION, DETAIL SITE PLAN, EQUIPMENT COMPOUND ELEVATION, ATTACHED HERETO AS EXHIBITS “B”, “C” AND “D” PROVIDING FOR SPECIAL CONDITIONS; 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 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-1195R4-TC 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 by granting a change in zoning from S-1195-TC (Special Use Permit-1195 -Town Center) to S-1195R4-TC (Special Use Permit-1195 Revision 4-Town Center), to amend the Special Use Permit to allow a telecommunication tower, antenna and expansion to the Coppell Pg 1 TM 74695 concession/restroom facility building to house telecommunication equipment on property located approximately 150 feet east of N. Denton Tap Road and approximately 1,050 feet north of Parkway Blvd. (Andy Brown Central), for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the Property will be used and developed for Town Center purposes as provided in the Code of Ordinance and to allow the construction and maintenance of an eighty (85’) foot high telecommunication tower, in accordance with to S-1195R4-TC (Special Use Permit-1195 Revision 4-Town Center), is hereby approved subject to the following special conditions and regulations: A.The development shall be in strict compliance with the Site Plan with Tower , Elevation, Detail Site Plan, and Equipment Compound Elevationas set forth in Exhibits “B”, “C” and “D”, respectively as adopted in Section 3 of this Ordinance. B.The construction and maintenance of the tower, antenna and equipment building shall not interfere with use and activities in the park. C.That all vehicle, equipment and materials for construction and maintenance shall be prohibited from use or access of the game and/or athletic fields. D.That any and all damage to the park facility or utilities, including but not limited to parking lot, landscaping, irrigation system, athletic or game fields, fencing, other city improvements, sidewalks and/or concession buildings shall be repaired solely by the telecommunication facility owner, its agents and/or contractors subject to the approval and acceptance of the City of Coppell Parks Department; any such repairs or renovation shall be at the sole expense of the telecommunication owner. Coppell Pg 2 TM 74695 SECTION 3. . That the Site Plan with Tower Elevation, Detail Site Plan, and Equipment Compound Elevation, 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6 . 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 7 . 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 8 . 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 9. 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 Coppell Pg 3 TM 74695 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 10.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 2 day of r Ct,n ,2016. APPR%VED: .// bi) ,,„ - RENS LBO HUN ATTEST: HRISTEL PET INOS,CITY SECRETARY APPROV' A TO FORM: // ROB RT E. HAGECIit ATTORNEY (REIO Coppell Pg 4 TM 74695 Legal Description PARENT TRACT DESCRIPTION BEING a tract of land situated in the Clarinda Squires Survey,Abstract No. 1327 and the S.A.&M.G.R.R. Survey,Abstract No. 1930 in the City of Coppell,Dallas County, Texas and also being part of a tract of land as described in deed from Good Financial Corp. to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point of intersection of the east line of Denton Tap Road(a variable width right-of-way) with the centerline of Denton Creek, said point also being the most southerly southwest corner of a tract of land as described by deed to Pure Ice and Cold Storage Co. and recorded in Volume 65694,Page 1496 of the Deed Records of Dallas County, Texas; THENCE along the said centerline of Denton Creek, and the said South line of the Pure Ice and Cold Storage Co. tract the following courses and distances:N.79°07'25"E., 147.77 feet: Thence N.18°31'25"E., 171.67 feet: Thence N.48°07'25"E., 160.00 feet; Thence S.61°52'35"E., 185.00 feet; Thence S.85°52'35"E., 600.00 feet; Thence N.88°07'25"E., 340.00 feet; Thence N.77°07'25"E., 300.00 feet; Thence N.27°07'25"E., 380.00 feet; Thence N.72°07'25"E., 180.00 feet; Thence S.55°52'35"E., 171.70 feet to a point for a corner; Thence leaving the said centerline of Denton Creek, and the south line of the Pure Ice and Cold Storage Co. tract, S.00°52'35"E., 1437.15 feet to a point for corner in a curve running in a southwesterly direction and having a central angle of 13°19'34"a radius of 2200.00 feet and a tangent bearing of S.75°26'53"W; Thence along said curve 511.69 feet to the end of said curve; Thence N.27°52'41"W, 710.40 feet to a point for corner in a curve running in a southwesterly direction and having a central angle of 7°57'25"a radius of 3342.11 feet and a tangent bearing of S.73°49'41"W; Thence along said curve 464.14 feet to the end of said curve; Thence S.65°52'16"W., 885.24 feet to the beginning of a curve to the right having a central angle of 18°00'54"and a radius of 600.00 feet; Thence along said curve 188.65 feet to the end of said curve,same being on the said east line of Denton Tap Road; Thence along the said east line of Denton Tap Road the following courses and distances;N.02°01'02"E., 388.26 feet to the beginning of a curve to the left having a central angle 02°53'00"and a radius of 5789.70 feet; Thence along said curve 291.36 feet to the end of said curve; Thence N.00°51'58"W, 342.88 feet to the Point of Beginning and containing 53.398 acres of land. (SPECIAL WARRANTY DEED RECORDED IN VOLUME 86051, PAGE 1829,DEED RECORDS OF DALLAS COUNTY, TEXAS.) Exhibit "A" (1 of 4) Legal Description LESSEE'S LEASE SITE DESCRIPTION A tract of land lying in and being a part of a 53.398 acre tract of land lying in the Clarinda Squires Survey,Abstract Number 1327, Dallas County, Texas, being further described in Volume 86051,Page 1829, Official Public Records of Dallas County, Texas;Said tract being more particularly described as follows: Commencing at a Chiseled "X"found for the southwest corner of said 53.398 acre tract of land; Thence N 02°39'24"Eon the West Parent Tract Boundary line, a distance of 388.26 feet to a point on said West line; Thence on a curve to the left with a chord bearing of N 01°32'48"E, a chord length of 224.35 feet, an arc length of 224.36 feet, and a radius of 5,789.70 feet; Thence N 89°50'04"E a distance of 212.40 feet to a Cut "X "set for the Southwest corner, on the East wall of an existing brick building, and being the Point of Beginning; Thence N 23°11'41"E a distance of 12.00 feet to a Cut "X"set for the Northwest corner and being on the East wall of an existing brick building; Thence S 66°48'19"E a distance of 16.00 feet to a 1/2"iron rod with cap set for the Northeast corner; Thence S 23°11'41" W a distance of 12.00 feet to a 1/2" iron rod set for the Southeast corner; Thence N 66°48'19" W a distance of 16.00 feet to the Point of Beginning, containing 192.00 square feet, or 0.004 acres, more or less. LESSEE'S TOWER SITE DESCRIPTION A tract of land lying in and being a part of a 53.398 acre tract of land lying in the Clarinda Squires Survey,Abstract Number 1327, Dallas County, Texas, being further described in Volume 86051, Page 1829, Official Public Records of Dallas County, Texas;Said tract being more particularly described as follows: Commencing at a Chiseled "X"found for the southwest corner of said 53.398 acre tract of land; Thence N 02°39'24"Eon the West Parent Tract Boundary line, a distance of 388.26 feet to a point on said West; Thence on a curve to the left with a radius of 5,789.70 feet, and a chord bearing of N 02°04'26"E, with a chord length of 117.79 feet, an arc length of 117.79 feet; Thence S 88°30'32"E a distance of 138.35 feet to a 1/2"iron rod with cap set for the Southwest corner, and being the Point of Beginning; Thence N22°56'32"E a distance of 10.00 feet to a 1/2"iron rod with cap set for the Northwest corner; Thence S 67°03'28"E a distance of 10.00 feet to a 1/2"iron rod with cap set for the Northeast corner; Thence S 22°56'32" W a distance of 10.00 feet to a 1/2"iron rod with cap set for the Southeast corner; Thence N 67°03'28" W a distance of 10.00 feet to the Point of Beginning, containing 100.00 square feet, or 0.002 acres, more or less. Exhibit "A" (2 of 4) Legal Description LESSEE'S ACCESS/UTILITY EASEMENT #1 DESCRIPTION A 20.00 foot wide easement for ingress, egress and utility purposes crossing a part of a 53.398 acre tract of land lying in the Clarinda Squires Survey,Abstract Number 1327,Dallas County, Texas, being further described in Volume 86051,Page 1829, Official Public Records of Dallas County, Texas;Said easement being 10.00 feet on each side of the following described centerline: Commencing at a Chiseled "X"found for the southwest corner of said 53.398 acre tract of land; Thence N 02°39'24"E on the West Parent Tract Boundary line, a distance of 388.26 feet to a point on said West line; Thence on a curve to the left with a radius of 5,789.70 feet, and a chord bearing of N 01°56'10"E with a chord length of 145.63 feet, an arc length of 145.64 feet to the Point of Beginning; Thence N 79°05'58"E a distance of 80.26 feet to a point for a corner; Thence N 23°03'11"E a distance of 162.91 feet to a point for a corner; Thence S 67°10'51"E a distance of 52.90 feet to the point of termination on the West side of an existing brick wall;Side line of said easement to be shortened or extended such as to begin on the East Public right-of-way line of N. Denton Tap Road, and terminate on the West side of an existing brick wall. LESSEE'S ACCESS/UTILITY#2 EASEMENT DESCRIPTION A 10.00 foot wide easement for ingress, egress and utility purposes crossing a part of a 53.398 acre tract of land lying in the Clarinda Squires Survey,Abstract Number 1327, Dallas County, Texas, being further described in Volume 86051, Page 1829, Official Public Records of Dallas County, Texas;Said easement being 5.00 feet on each side of the following described centerline: Commencing at a Chiseled "X"found for the southwest corner of said 53.398 acre tract of land; Thence N 02°39'24"E on the West Parent Tract Boundary line, a distance of 388.26 feet to a point on said West line; Thence on a curve to the left a chord bearing of N 01°36'39"E, a chord length of 211.36 feet, an arc length of 211.37, and a radius of 5,789.70 feet to the Point of Beginning; Thence S 76°04'44"E a distance of 194.57 feet to the point of termination;Side line of said easement to be shortened or extended such as to begin on the East Public right-of-way line of N. Denton Tap Road, and terminate on the centerline of the 10.00 foot Lessee's Utility Easement. Exhibit "A" (3 of 4) Legal Description LESSEE'S UTILITY EASEMENT DESCRIPTION A 10.00 foot wide easement for utility purposes crossing a part of a 53.398 acre tract of land lying in the Clarinda Squires Survey,Abstract Number 1327,Dallas County, Texas, being further described in Volume 86051,Page 1829, Official Public Records of Dallas County, Texas;Said easement being 5.00 feet on each side of the following described centerline: Commencing at a Chiseled "X"found for the southwest corner of said 53.398 acre tract of land; Thence N 02°39'24"Eon the West Parent Tract Boundary line, a distance of 388.26 feet to a point on said West line; Thence on a curve to the left with a chord bearing of N 02°02'19"E, a chord length of 124.94 feet, an arc length of 124.94 feet, and a radius of 5,789.70 feet to the Point of Beginning; Thence S 88°35'41"E a distance of 147.03 feet to a point for a corner; Thence N 45°04'18"E a distance of 68.69 feet to a point for a corner; Thence N 29°30'08"E a distance of 56.18 feet to the point of termination;Side line of said easement to be shortened or extended such as to begin on the North and East lines of the 0.002 acre Lessee's Tower Lease Site, and terminate on the South line of the 0.004 acre Lessee's Lease Site. Exhibit "A" (4 of 4) m �� 9 oz i 77— J Ll LJ 0 0 0 L £ A T 1, A mo p F1 1 D 1DS K • 1 � f— —. (E)COVER WALKWAY T 7 n n n n r - 1"----- s I l__,� sz vp " 6�r g \ I 8 N:i.: -0,%. II 1 1 0,�. 2 2 =m o t70iA 1 I 1 �I O rifi V U 1 Flo 4 b E I o O �N �� �o Z r-----1i � �L1 C) SIS iD _� to if i�PI _'C —X v , E o EL >z C yp O x OZ O F / THINE ORAEINGS/RE JHB PROP(RfY OP HORIZON WIRELESS THEY ARE INTENDED FOR THE EXCLUSIVE USE OP THIS PROJECT ONLY, ANY RE-USA OP THESE PUNS)ORAIIINGSI RPRIOOT THE EXPRESS WRITTEN CONSENT OF HORIZON PIREV,R55 IS PROHIBITED > > 2 2 2 !j_ mmr 5 'u 'u m'u '+ ? T1 21 0 D m1 2 m m z n r o D 0 y A s COPPEL NORTH REPL rnaaa m --I V. m.00= nm tm/JV A-yi-m1D y �� Z m F m 3 0 m C) N Z N A 3 Z Z O (= II O o"• m0 D-O_C z =J 3ratig,3 r,„„Z',,•,.. Lcn x * F q'",- A�D A Z 8-1 0 a N DENTON TAP RD —, e N m x n o m m ZI COPPELL,DALLAS COUNTY,TX w0 !I Z o A (301559) Z; EXHIBIT "B" I II M Q , m Q n 1 o� zx m: xi 1 1 I \ QOM . �n�_, SSo 9— 8 rA gagE 1 1 x 2 72 a (_ / -p ,-..../ 43 0222:---. D 8 rinx Z p 5; • e. 0 § , (N)12.-0'LEASE AREA ,p•_0•, / THESE DRAWINGS ARE THE PROPERTY OP VERIZON WIRELESS. THEY ARE INTENDED FOR THE EXCLUSIVE USE OF THIS PROJECT ONLY. ANY RE-USE OF THESE PLANS(DRAWINGS)WITHOUT THE EXPRESS WRITTEN CONSENT OF AERIZON WIRE(SS IS PROHIBITED 8 m 5 m UII N ! COPPEL NORTH REPL T WERE. m m m FL0Z n D >F0,_ O z o= na a'> IA A q i '9ngt nm cn 1�--i--iD -moi �� *** i Z3 nipooOym3 b mo-00,3 0OzN �BNmp � 1�1 p 0O a NDENTON COON x c m r-D z 0 3 1 COPPELL,DALLAS COUNTY,TX g Z n -0 m m. 0A-0 w °z o, , (301559) IT( y EXHIBIT "C" II II 1 5Q = mA5GI iii A O Z N M 0 O '. 0 g m z 0 0 0 c z 0 M I— M D NNIZ qg 1 Nm; �o E l �q 1:z.. x: -9 S 882 f v z 8,2 A y pri 2 r n x Lx Fi i =p `Im P. THESE DRAWINGS ARE THE PROPERTY OF VERIZON WIRELESS. THEY ARE INTENDED FOR THE EXCLUSIVE USE OF THIS PROJECT ONLY. ANY RE-USE OP THESE PIANO(DRAWINGS)WITHOUT THE EXPRESS WRITTEN CONSENT OF YERIZON WIRELESS IS PROHIBITED z = D D F o o N A s , COPPEL NORTH REEL TT EA m A r-r-TlDvz TnN c 1 '1 "�' 1 � 'pjex pmuJ'0A-uJi-mi> 'bg *** Z m O yA pzz o -, pt:- ,T mvZiv0�3nOz z 4 . i Z n a N DENTON TAP RD �.ii CA) m x,- A D A z 0 T O a P 3:-..,- m r D O p 3 COPPELL,DALLAS COUNTY,TX Z .:,4, F O m m p A Z o D A T, (301559) m y EXHIBIT "D"