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CC approval on 4/8/97 AGENDA REQUEST FORM IL HEETIN~: April 8, 1997 ITEM ~ /0 ITEM CAPTION: PUBLIC HEARiNg: Consider approval of Case No. S-1124R. Nextel of Texas, Communications Antenna, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 120' monopole with three (3) omni whip antennae attached and a 200 square foot equipment cabinet at the base of the monopole on a 2,500 square foot site, located approximately 1,350' west of State Road and 1,819' south of Sandy Lake Road. SUBaITTED BY: _.~ff~[[-"~ie TITLEs ~Director offing and Community seryices STAFF RECOMMENDS; Approval ~ Denial STAFF COMMENTS: Date of P&Z Meeting: March 20, 1997 Decision of P&Z Commission: Approved (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. Commissioner Mabry was absent. Approval subject to the Site Plan, the Engineering and Fire Department comments (attached) and the following conditions: (1) Applicant shall replace any landscape material it plants which does not survive. (2) Property owner shall dedicate right-of-way for the extension of Northpoint Drive. (3) Any electric utility extension to serve this project shall be underground if located within the right-of-way of Northpoint Drive or within 100 feet of the right-of-way of Northpoint Drive. (4) The roadway shall be maintained to support 40,000 pounds. ii'Y COUNCIL DATE DIR. INITIALS~ ~ FIN. REVIEW~ CITY MANAGER REVIEW, A~ emda Request Fo~m - Re~se~ 1/97 Documem Na.~ S 1124R.PZ CITY OF COPPRI PLANNING DEPARTMENT STAFF ItF. PORT CASE NO.: 11941 N' ,XTEI, TEI,ECOMMIINICATIONS TOWER P & Z HEARING DATE: March 20, 1997 C.C. HEARING DATE: April 8, 1997 LOCATION: Approximalely 1,350' west of State Road and 1,819' south of Sandy Lake Road. SIZE OF AREA: Lease site area: 2,500 square feet Acce,~ Easement: .4677 acres CURRENT ZONING: LI (Light Industrial) REQUEST: LI-S.U.P. (Light Industrial, Special Use Permit). APPLICANT: Applicant: Engineer: Sharon Home J.O.M. Inc. Nextel of Texas, Inc. 1613 Tantor Road 1333 Corporate Drive, g230 Dallas, Texas 75229 (9 2) 756-5112 HISTORY: Case was withdrawn from the Febrtmry 20, 1997 Planning and Zoning Commission because the applicant was unable at that time TRANSPORTATION: Northpoint Drive is a CAD, four-lane divided collector street contained within a 90 foot right-of-way. Item # 5 SURROUNDING LAND USE & ZONING: North - vacant; "LI' Light Induatrial; South - vacant; "LI" Light Industrial; ga.~t - vacant; "LI' Light Induatrial; West - vacant; "LI' Light lnduaUial. COMPREHENSIVE PLAN: The Comprehensive Plan shows the property suitable for light industrial uses. DISCUSSION: The request complies with requirements of proposed Section 32A of the Zoning Ordinance, which the Planning and Zoning Commission approved on February 20, and which will be considered by City Council on March 25. The requirement of a 10:1 setback/height ratio places tall cellular towers in remote locations, where utilities and street pavement are less likely to be available. The planning staff, therefore, is willing to support relaxation of pavement and utility service standards to accomplish the visual benefits of a minimum 1300' setback in this case. RF_X3OMIVIF~A~ON TO THE PLANNH~O ~ 7_.Ol'qH'q'O COlVIMISSION: Planning staff recommends approval subject to the site plan, Engineering Comments, Fire Depamnent Comments and the following conditions: 1. Applicant shall replace any landscape material it plants which does not survive. 2. Property owner shall dedicate right-of-way for the extension of Northpoint Drive. 3. Any electric utility extension to serve this project shall be undo, ground if located within the right-of-way of Northpoint Drive or within 100 feet of the right-of-way of Northpoint Drive. ALTERNATIVES: 1) Recommead approval of the reque~ 2) Recommend disapproval of the request 3) RecomnMmd modification of the requemt 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Ptnn 2) sttua~ El~ation 3) ~tal Comments Item DEVELOPMENT REVIEW COMMITTEE ENGINEERING COMMENTS ITEM: S-11241C Nextel of Texas. Communications Antenna. a zoning change from LI (Light Industrial) to L-S.U.P. (Light Indu~ Special Use Pertnit), to allow the construction of a 120' monopole with three ($) omni whip antennas attached and a 200 square foot equipment cabinet at the base of the tnonapole on a 2,500 square foot site, located approximately 1,$50' west of State Road and 1,819' sottth of Sandy Lake Road, at the request of Ne__~_ ! of Texas, Inc. DRC DATE: February 27, 1997 and March 6, 1997 CONTACT: Mike Martin, P.E., Assistant City Engineer ($04-3679) · I I · COMMENT STATUS: PRELIMINARY ,/FINAL REVISED AFTER P&Z · · 1. The access road needs to be coordinated with the future alignment of Northpoint Drive. All areas of the access easement on the west side should be dedicated as right-of-way for the future extension of Northpoint Drive. 2. It appears as though the proposed alignment of the access road will have some grade conflicts which may require some cut and fill. Please provide construction plans for road. Fire Lane required to be within 1~0 feet Of all poniom of mvcaues. Fire Hydrant requital, or qptoved altemalive eztin~.~sh~t means. I- ., , ~ ANTENNA ASSEMBLY w I? o o I ~ 120' LATTICE TYPE MONOPOLE MAR 1,2 '97 16:48 fROM SCOTT DOUG LUT MCCONN TO 14619157~80486~8 PAGE.OOE/008 March 12, 1997 VIA FACSZMZLKAND CM/P.~R NO. P 531 900 154 Peter G. Smith, Esq. City Attorney 1800 Lincoln Plaza 500 N. Akard St. Dallas, Texas 75201 Re: S-1124R, Nextel of Texas, Communications Antenna, Zoning Change from "LI" to "LZ-S.U.P." Dear Mr. Smith: I have been asked to help Nextel obtain a wireless co~nunication antenna site in the City of Coppell. As you are aware, per Alan Haggard's January 15, 1997 letter to Pert Virtanen, the City of Coppell rejected Nextel's initial proposed site based upon guidelines set forth by the Co~ittee to Improve the visual Image of Coppell--a co~ittee that did not exist at the time Nex=el filed its Application for Zoning Change and Special Use Permiu ("SUP") for that site. Since then, Nextel has met from time to time with numerous city officials to locate another site that would comply with the newly announced guidelines and be otherwise acceptable to the City of Coppell. From these meetings, it is apparent that the various factions within the City of Coppell having jurisdiction over Nextel's application disagree with each ether regarding Nextel's proposed antenna site. This apparent uncertainty and the City of Coppell's inability to reach a consensus on the location of the antenna site is troublesome because withou~ unanimity it is questionable whether Nextel's current proposed site--or any site for that matter--has any realistic chance ~or approval. Before this current site was selected, the City of Coppell urged Nextel to locate its ancenna in a specific area and assured Nextel that a site in that area would meet with its approval~ Relying on these verbal assurances, Nextel has been negotiating leases with the landowners in the selected area, preparing expensive site plans and expending additional sums of money only to 'MAR 1.2 '97 IG:48 FROM SCOTT DOUG LUT MCCONN TO 1461919?23043623 PAGE.803/00~ Peter G. Smith, Esq. March 12, 1997 Page 2 be faced with additional requirements that are, at best, purely subjective and =orally unrelated to current zoning requirements. For example, regarding the current proposed site, the City of Coppell has gone so far as to require Nextel, as a condition of site approval, to obtain a right-of-way dedication from the landowner that has absolutely nothing to do with the zoning requirements pertinent to the proposed site. Simply put, for the past six months, Nextel has done absolutely everything that the City of Coppell has asked it to do to get i~s anterala site approved in ~he specific area chosen by the City of Coppell. Because Nex~el has done everything that =he City of Coppell has asked of it in connection with this most current site, I am confident that the Planning Department Staff Repor~--which is due to be issued on March 17--will recommend approval of Nextel's SUP agplicat ion. ~ I f, however, ~he star f repor~ reco~a.ends the rejection of Nextel's application, Nextel will i~dia=ely file suit. If you have any ~estions, feel free to call. TEG/kla cc: VIA FACSIMILE ~ ~/~ NO. P 531 900 157 Jim Wi~t, City Manager 9. 0. Box 478 CODge11, Texas 75019 : Under the City's Zoning Ordinance, an S.U.P. is not even required for =his si~e. The proposed si~e is in a light industrial zone where "co.znunica=ions services," radio, television or micro- wave ~ower or micro-wave receiving dish" are permitted uses. TOTAL PAGE.803 ~= MP~ 14 '97 1~1~:32 FR NICHOLS .]'CK,~ON DLLRD 214 °_)65 E)1310 TO COPPELL PZ P.1~./03 NICHOLS, ~ACKSON, DILLARD, HAGER & SMITI-L L.L.P. 500 N(x~ ~ DaUb, Tex~ 75201 (21,4) 96~-9900 Pax (214) 965-001.0 March I3, 1997 VIA FACSIM~___-~ 713/225-$488 Timothy E. ~ SCO~ Doug, las, Luton & McCotmico, L.L.P. 7OO Louisiana Su'~t Suite 4000 Houston, Texas 77002-27~8 Rg: 8..1124R, Ne:rtd of Texas Commttnictttions ~4ntenna, Zoning Change from "1.I" go "I.1-,~, ~ P. " This will acknowledge receipt of your facsimile transmission dated March 12, 1997 regzrding the above refcrcnced matter. The City of' Coppell disagre~ with your factual recitation and interpretation thereof. You are obviously operating from & disadvantage having only received information fi.om your client. Without debating this matter further, we have been informed by the Dir~'tor of Planning and Community Services that a favorable rcconnnendation is anticipated, however, any recommendation will not be the result of your threat of litigation. Moreover, the application for zoning change requires City Council approval which is yet to be provided. Thank you for your attention to this matra'. If you have any questions in this regard, please do not hesitate to contact me. Very truly yours, NICHOLS, 3ACKSON, DILLARD, HAGER & ~ L.L.P. PGS/ttl