CC approval of ORD 10/12/99 AGENDA REQUEST FORM
(~_~--._~; CITY COUNCIL MEETING: October 12, 1999 ITEM # /4~ ._
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1167, Nextel Communications, Inc., zoning change
request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the
construction of an 80'-high monopole with a 200 square foot equipment cabinet at the base of the tower on
property located approximately 828' north of Beltline Road and 230' west of the Elm Fork of the Trinity
River, and authorizing the Mayor to sign.
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TtT .- .......... D...i~_ec_~o_r. o_ f_ Plannfftg and Community Services i'", .- ".: _-Z
STAFF COMMENTS:
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.
Agenda Request Form - Revised 2.99 Document _Name: "h: S 1167o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/,~"O0'-' ~-' ~.~4
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 PER3-'IIT) TO
GRANT A SPECIAL USE PERMIT FOR A COMMUNICATIONS TOWER
CONSISTING OF AN EIGHTY FOOT (80') MONOPOLE WITH A TWO
HUNDRED (200) SQUARE FOOT EQUIPMENT CABINET AT THE BASE
OF THE TOWER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR 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 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-1167
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
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 grant a special use permit for an 80' monopole
tower with a two hundred (200) square foot equipment cabinet at the base of the tower, subject to
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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 tower is hereby approved
subject to the following special conditions:
(A) Complete compliance with the approved Site Plan attached hereto and incorporated
herein as Exhibit "B".
(B) Complete compliance with the approved color board showing all exterior building
materials.
(C) Submittal and approval of an Irrigation Plan acceptable to the Planning Department
fbr the landscaping reflected in the attached Site Plan (E.xhibit "B").
SECTION 3. ]'hat the site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes, 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 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 sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
ever).' 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 ] Z ~'day
of ~~ , 1999.
CANDY SHEEI/t'~-~'. MAYOR
ATTEST:
APPR7 ~'~E~Sff;J~ O RM:
ROBER'[' E. H.~'ER, CITY ATTORNEY
(REH.."cdb 9.'2 7.."99~ '
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LEASE SITE
BEING a tract of land situated in the J. M. Kennedy Survey. Abstract No. 749 of Dallas County, Texas and
being a portion of that certain tract described in Special Warranty Deed with Vendor's Lien to Steve
Kimbrel. Adrian F. Moore, and Johnny J. E. Thompson recorded in Volume 85218, Page 4643 of the Deed
Records of Dallas County, Texas and being more particularly described as follows:
COMMENCING at the northeast corner of the save and except portion of said deed recorded in Volume
85218, Page 4643 of the Deed Records of Dallas County, Texas;
THENCE, North, 163.66 feet to the beginning of a curve to the left having a central angle of 85 degrees 50
minutes 00 seconds and a radius of 300.00 feet:
THENCE, along said curve to the left an arc distance of 44.94 feet:
THENCE. North 85 degrees 50 minutes 00 seconds West. 130.35 feet:
THENCE, South 04 degees I0 minutes 00 seconds West, 27.50 feet to the POINT OF BEGIN~'ING:
THENCE. North 35 degrees 50 minutes 00 seconds West, 50.00 feet:
THENCE. North 04 degrees 10 minutes 00 seconds East, 50.00 feet:
THENCE. south 25 degrees 50minutes 00 seconds East, 50.00 feet:
THENCE, South 0.-t degrees 10 minutes 00 seconds West. 50.00 feet to the POINT OF BEGINNING AND
CONTAINING 2.500 SQUARE FEET of land.
E~f~IBIT "A"