Attorney's let threatening suitMAR IZ '97 IS:d8 FROM SCOTT DOUG LUT MCCONN TO 14S|$197Z3043SZ3 PAGE.00~/803
March 12, 1997
VIA FACSXMILEAND
CM/RRRNO. P S3~ 900 154
Peter G. Smith, Esq.
City Attorney
1800 Lincoln Plaza
500 N. Akard St.
Dallas, Texas 7S201
Re: S-1124R, Nextel of Texas, C~it~nications Antenna, Zoning
Change from "LI" Uo "LI-$.U.P.'
Dear Mr. Smith:
I have been asked to help Nextel obtain a wireless
co,~iiunication 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 si~e based
upon ~uideline$ set forth by ~he Coati,ti=tee to Improve the visual
Image of Coppell--a coa~it~ee that did no~ exist ac the time Nex~el
filed its Application for Zonin~ Change and Special Use Pernd~
("SUP") for that site.
Since then, Nextel has met ~rom time =o time with numerous
city officials co loca~e another site ~hat wou~d comply wi~h the
newly announced guidelines and be otherwise acceptable to the City
of Coppell. From these meetings, it ~s apparent chat the various
factions within the City of. Coppell having jurisdiction over
Nextel's a~plicacion disagree wiCh each ether regarding NexCel'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 without unanimity it is
questionable whether Nex=el's current proposed site--or any sice
for that matter--has any realistic chance ~or approval.
Before this current site was selected, the City of Coppell
urged Nextel to locate its antenna in a specific area and assured
Nextel that a site in chac 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 co
FROM SCOTT DOUG LUT MCCONN TO
Peter G. S~th, Esq.
March 12, 1997
be faced wlCh additional requirements thaC are, ac bes=, purely
subjective and =orally unrelated to curren~ zonin~ requirements.
For example, re~ard~n~ the currenc proposed s~te, the Cicy of
Coppell has gone so far as Co require Nextel, as a condition of
site approval, ~o obtain a r~ht-of-way dedicaUion from =he
landowner ~ha~ has absolutely nochin~ co do wl~h the zonin~
requirements pertinen~ to the proposed si~e. Simply puc, for =he
pas= six months, NexCel has done absolutely everythin~ thac the
City of Coppell has asked i~ to do to ~e~ i~s antenna sice approved
in the specific area chosen by ~he City of Coppell.
Because Nex~el has done everything ~hat the City of Cop~eL1
has asked of i= in connecc~on wi~h this mosC curren= si~e, I am
confiden~ ChaC ~he Planning Department Scaf~ Report--which is due
=o be issued on March 17--will recommend approval of NexCel's SUP
application, t If, however, ~he scarf repor~ reco.~.ends the
rejec=~on of Nex=el's application, Nex=el wil~ iu~nediately file
su~c. If you have any questions, feel free =o call.
Timo~'hy E~/ Gehl"
TEG/kla'
VIA FACSZMZLE AND
CM/RRR NO. P 531 900 157
Jim Wit=, Ci=¥ Manager
9. O. Box 478
Coppe11, Texas 75019
Under =he City's Zonin~ Ordinance, an S.U.P. is noc even
required for =his si~e. The proposed s~=e is in a ligh= industrial
zone where #co~,unicacions services,~ radio, ~elevision or m~cro-
wave cower or mAcro-wave receivi~ dish~ are permitted ~ses.