CC approval of ORD 9/9/97 AGENDA REQUEST FORM
'W~ ^ ~lllu~lf~ ~um ~
~ CITY COUNCIL MEETING: September 9, 1997 ITEM # ~ ~
IT~ CAPTION:
Consider approval of an Ordinance for Case No. S-1128, 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 1,320' west of Coppell Road and 1,390' north of
Sandy Lake Road, and a~t.~horizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
T~LE: Director of Planning ~ Community Services
STAFF RECOMmeNDS: .................... APPrg~&l~ ~ Denial
STAFF COMMENTS:
This Special Use Permit, with conditions, was unanimously granted by
Council on May 13, 1997.
APPROVED
BY
CfTY COUNCIL
DATE
Agenda Request Form - Revised 1/97 Document Name s11280.PZ
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
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 EXIHBIT "A" ATTACHED
HERETO; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXIHIIIT
"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-
1128 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 are hereby amended to grant a change in zoning from "LI" (Light
Industrial) to "LI-S.U.P." (Light Industrial, Special Use Permi0 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
conditions:
(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) All telecommunication equipment, including the monopole, antennae and
buildings, shall be removed from the site before July 1, 2002.
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 q'-f]~ day of --~erOT~e rr~ ~ r' , 1997.
2
CANDY SH~/I/HAN, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. CITY ATTORNEY
PROPERTY DESCRIPTION
BEING a part of the John E. Holland Survey, Abstract 614, Dallas County, Texas, and being
more particularly described as follows:
BEGINNING at a point in the southwest comer of One Twenty-One Business Park, Phase I, an
addition to the City of Coppell, Texas, recorded in the Map Records of Dallas County, Texas,
on May 13, 1981, said point also being in the southeast right-of-way line of State Highway 121
and in the south line of the Thomas W. Cousy Survey, Abstract 317;
THENCE, S 89° 26' 14" E, along the south line of One Twenty-One Business Park, Phase I,
and along the south line of the Thomas W. Cousy Survey, a distance of 2527.60 feet to a point
for comer in the centerline of Coppell Road;
THENCE, S 00° 22' 46" W, along the centerline of Coppell Road, a distance of 2225.10 feet
to a point for comer;
THENCE, S 88° 10' 46" W a distance of 247.02 feet to a point for comer;
THENCE, S 01° 01' 46M W a distance of 300.00 feet to a point for comer;
THENCE, S 88° 10' 46" W a distance of 192.42 feet to a point for comer;
THENCE, S 01° 47' 46" W a distance of 226.21 feet to a point for comer in the right-of-way
of Sandy Lake Road;
THENCE, S 89° 59' 46" W, along Sandy Lake Road, a distance of 696.34 feet to a point for
comer;
THENCE, N 00° 16' 16" E a distance of 25.00 feet to a point for comer;
THENCE, N 89° 27' 14" W a distance of 227.74 feet to a point for comer;
THENCE, N 00° 19' 14M W a distance of 1390.80 feet to a point for comer;
THENCE, N 89° 30' 20" W a distance of 1571.55 feet to a point for comer;
THENCE, N 00° 26' 46" E a distance of 894.40 feet to a point for comer in the southeast right-
of-way line of State Highway 121;
THENCE, N 43° 09' 46" E, along the southeast right-of-way line of State Highway 121, a
distance of 636.20 feet to the POINT OF BEGINNING.