CC approval of ORD 7/13/99 ~~~/~~_ AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 13, 1999 ITEM # q
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1161. AT&T Wireless Services, zoning change request
from A (Agriculture) to A-S.U.P. (Agriculture, Special Use Permit) to allow a communications antenna to be
mounted to an existing TH Electric tower with an equipment cabinet at the base of the tower located
approximately 710' northwest of the intersection of MacArthur Boulevard and the D.A.R.T. right-of-way, and
authorizing the Mayor to sign.
APPROVED
BY
SUBMrlTED BY:GaryL. Sieb C I TY COU N C I L
TITLE: Director of Planning and Community Services OAT E ~--/:~- o9
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council granted this zoning change request on June 8, 1999, by a vote of (6-1). Mayor Pro Tem Tunnell
opposed.
Staff recommends approval.
DIR. INITIALS: ~ FIN. REVIEW:~ CITY MANAGER REVIEW:
Agenda Request Form - 2/99 Document Name: ~S1161o
of Ordinance for Case No. S-1161, ATesT
Consider
approval
Wireless Services, zoning change request from A (Agriculture)
to A-S.U.P. (Agriculture, Special Use Permit) to allow a
J"~-.,.'~i. communications antenna to be mounted to an existing TU
Electric tower with an equipment cabinet at the bue of the
tower located approximately 710' northwest of the intersection
of MacArthur Boulevard and the D.A.R.T. right-of-way, and
authorizing the Mayor to sign.
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council.
i,'. Councilmember York moved to approve Ordinance No. 91500-A-228 for Case
No. S-1161, AT&T Wireless Services, zoning change request from A
..~ (Agriculture} to A-S.U.P. (Agriculture, Special Use Permit) to allow a
communications antenna to be mounted to an existing TU Electric tower with
an equipment cabinet at the base of the tower located approximately 710'
northwest of the intersection of MacArthur Boulevard and the D.A.R.T. right-of-
way, and authorizing the Mayor to sign. Councilmember Peters seconded the
motion; the motion carried 4-1 with Councilmembers Peters, Keenan, Wheeler
and York voting in favor of the motion and Mayor Pro Tem Tunnell voting
against the motion.
10. Consider approval of an Ordinance for Case No. PD-169R,
Lauren Estates, zoning change request for property zoned
PD-SF-7 to amend the development conditions of the Planned
Development to allow the development of 2 residential lots
instead of 3 lots on appro~!mately 1.5 acres of property
located along the west side of Moore Road, approximately 680'
south of Sandy Lake Road, and authorizing the Mayor to sign.
Gary Sieb, Director of Planning and Community Services, made a presentation
to Council.
Mayor Pro Tem Tunnell moved to approve Ordinance No. 91500-A-229 for Case
No. PD-169R, Lauren Estates, zoning change request for property zoned
PD-SF-7 to amend the development conditions of the Planned Development to
allow the development of 2 residential lots instead of 3 lots on approximately
1.5 acres of property located along the west side of Moore Road, approximately
680' south of Sandy Lake Road, and authorizing the Mayor to sign.
Councilmember Wheeler seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and
York voting in favor of the motion.
C1~f071399
Page 7 of 12
AN ORDINANCE OF TIIE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~l-("'/'~ -'~q -' Z~8
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 "A" (AGRICULTURE) TO
"A-S.U.P." (AGRICULTURE, SPECIAL USE PERMIT) TO GRANT A
SPECIAL USE PERMIT FOR A COMMUNICATIONS ANTENNA FOR
THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, ANTENNA DETAILS AND
ELEVATION PLAN, AND SURVEY LEASE MAP, ATTACHED HERETO
AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; 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 goveming 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 ail
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-1161
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 to grant a change in zoning from "A" (Agriculture) to "A-S.U.P."
(Agriculture, Special Use Permit) to grant a special use permit for a communications antenna,
1 26793
subject to 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 antenna is hereby
approved subject to the following special conditions:
(A) That minimum separation distance between the antenna and residential uses as is
provided in the Comprehensive Zoning Act, as applied to this use is hereby waived.
(B) The Dalworth Quick-set veneer in an earth-tone maroon color be used at the outer
casing of the base building.
SECTION 3. That the site plan, antenna detail and elevation plan, and survey lease map,
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 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
2 26793
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 sm 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 ]flll~day
CANDY SHEI~-IAN, MAYOR
ATTEST:
IBBY BAI/,, CIIY SECRETARY
ATTORNEY
(REI-I/cdb 7/7/99)
3 26793
LEGAL DESCRIPTION -- LEASE SITE
BEING a tract of land out of and a portion of the Singleton Thompson
Survey, Abstract No. 1493, Dallas County, Texas, same being out of and a
portion of that certain tract of land conveyed to Dallas Power & Light
Company, by Warranty Deed dated October 22, 1956 and recorded in Volume
4594, Page 302, Deed Records Dallas County, Texas, and being more
particulaHy described as follows:
COMMENCING FOR REFERENCE at the southwest corner of Coppell Crossing One
tract, recorded in Volume 97098, Page 01191 Deed Records Dallas County
Texas and same being on ,,the east line of said Dallas Power & Light
Company Tract;
THENCE along the west line of sald Coppell Crossing One Tract, and along
the east line of said Dallas & Power Light Company Tract, North 29
degrees 1.3 minutes 41 seconds East, a distance of 102.18 feet to a point;
THENCE through the interior of said Dallas & Power Light Company Tract,
North 37 degrees 38 minutes ~,3 seconds West, a distance of 55.40 feet to
the POINT OF BEGINNING hereof;
THENCE through the interior of said Dallas & Power Light Company Tract,
the following four (4) courses;
1. North 60 degrees 56 minutes 52 seconds West, a dlstance of 20.00 feet
to a point;
2. North 29 degrees 05 minutes 08 seconds East, a distance of 35.00 feet
to a point;
.3. South 60 degrees 56 minutes 52 seconds East, o distance of 20.00 feet
to a point;
4. South 29 degrees 03 minutes 08 seconds West. a distance of 35.00 feet
to the POINT OF BEGINNING and containing 700 square feet or 0.0161
acres of land, more or less.
~IBIT "A" (Page I of 4)
LEGAL DESCRIPTION -- ACCESS AND UTILITY EASEMENT
BEING o tract of land out of and a portion of the Singleton Thompson
Survey, Abstract No. 1493, Dallas County, Texas, some being out of and a
portion of that certain tract of land conveyed to Coppell Crossing One.
Ltd., by Warranty Deed doted May 20, 199'7 end recorded in Volume gT09B,
Page 01191, Deed Records, Dallas County, Texas, end being more
particularly described as follows:
COMMENCING FOR REFERENCE at the southeast corner of said Coppell Crossing
One tract, same being on the existing west right-of-way line of MacArthur
Boulevard, (R.O.W varies);
THENCE along the east fine of said Coppell Crossing One tract, and along
the west right-of-way line of MacArthur Boulevard, (R.O.W varies), North
O0 degrees 02 minutes 08 seconds East, a distance of 68.95 feet to the
POINT OF BEGINNING hereof;
THENCE through the interior of said Coppell Crossing One tract, North B8
degrees 41 minutes 38 seconds West, o distance of 457.14 feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, North 82 degrees 31 minutes 34 seconds West, a distance of 178.17
feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, North 57 degrees 38 minutes 43 seconds West, a distance of 40.07
feet to a point on the west line of said Coppell Crossing tract, same
being the east line of that certain tract conveyed' to Dallas Power &
Light Company by Deed recorded in Volume 4594, Page 302, Deed Records
Dallas County, Texas;
THENCE along the west line of said Coppell Crossing One tract, some being
the east line of Dallas Power & Light Company tract, North 29 degrees 1.3
minutes 41 seconds East, o distance of 21.75 feet to a
THENCE through the interior of said Coppell Crossing One tract, South 37
degrees 38 minutes 43 seconds East, a distance of 40.35 feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, South 82 degrees 31 minutes 34 seconds East, a distance of 168.83
feet to a point;
THENCE continuing through the interior of said Coppell Crossing One
tract, South 88 degrees 41 minutes ,58 seconds East, a distance of 455.62
feet to a point on the east llne of sold Coppell Crossing One tract,
samba bain the existing west right-of-way line of MacArthur Boulevard;
THENCE along the east llne of sald Coppell Crossing One tract, same being
the existing west right--of-way line of MocArthur Boulevard (R.O.W.
varies) South OO degrees 02 minutes 08 seconds West, a distance of 20.00
feet to the POINT OF BEGINNING and containing 13402 square feet or 0.3077
acres of land, more or less.
(Page 2 of 6)
LEGAL DESCRIPTION -- ACCESS AND UTILITY EASEMENT ~2
BEING (3 tr(3ct of land out of end (3 portion of the S~ngleton Thompson
Survey. Abstroct No. 1493. Dallas County. Tex(3s. s(3me being out of and Q
portion of thor certoin troct of 1(3nd conveyed to Dollos Power & Ught
Comp(3ny, by Worronty Deed doted October 22, 1956 and recorded in Volume
4594. P(3ge 302, Deed Records D(311(3s County, Tex(3s. (3nd be;ng more
particul(3rly described os follows:
COMMENCING FOR REFERENCE et the southwest corner of Coppell Crossing One
tr(~ct, recorded in Volume 97098, Poge 01191 Deed Records Doll(3s County
Texos and some being on the east line of sold Dollas Power & Light
Comp(3ny Tr(~ct;
THENCE (3long the west line of s(3id Coppell Crossing One troct, end olong
the e(3st line of s(3id Dall(3s Power & Light Comp<3ny tr(3ct. North 29
degrees 13 minutes 41 seconds East. (3 dist(3nce of 102.18 feet to the
POINT OF BEGINNING hereof;
THENCE through the interior of s(3id D(311os Power & Light Company tr(3ct,
the following three (3) courses;
North 37 degrees 38 minutes 4,3 seconds West. (~ dist(3nce of 35.40 feet to
e point;
No,th 29 degrees 0;~ minutes OB seconds E(~st, (~ dist(3nce of 21.78 feet to
o point;
South 37 degrees 38 minutes 43 seconds E(3st, (3 distance of 55.47 feet to
(3 point on the west line of s(31d Coppell Crossing One tr(3ct, s(3me being
the eost line of soid D(311os Power & Light Compony troct;
THENCE (3long the west line of s(~id Coppell Crossing One tract, s(3me being
the eest line of said D(311os Power & Light Company troct, South 29
degrees 15 minutes 41 seconds West. (3 dist(3nce of 21.75 feet to the POINT
OF BEGINNING end containing 709 square feet or 0.0163 (3cres of land. more
or less.
F3~I[B;[T "A" (Pal~e 3 of :4)
LEGAL DESCRIPTION - UTILITY EASEMENT
BEING o troct of Iond out of ond a portion of the Singleton Thompson
Survey, Abstroct No. 1493, Dollos County, Texas, same being out of ond o
portion of thot certoin troct of Iond conveyed to Dallos Power & Light
Compon¥, by Worronty Deed doted October 22, 1956 ond recorded in Volume
4594, Poge 302, Beed Records Dollos County, Texos, ond being more
porticulorly described os follows:
COMMENCING FOR REFERENCE ot the southwest corner of Coppell Crossing One
troct, recorded in Volume 97098, Poge 01191 Deed Records Dollos County
Texos ond some being on the eost line of sold Dollos Power & Light
Compony troct;
THENCE olong the west line of said Coppell Crossing One troct, ond along
the eost line of sold Dollos & Power Light Compony troct, North 29
degrees 13 minutes 41 seconds Eost, o distonce of 102.18 feet to o point;
THENCE through the interior of sold Dollos & Power Light Compony troct,
North 37 degrees 38 minutes 43 seconds West, o distonce of 35.40 feet to
the POINT OF BEGINNING hereof;
THENCE through the interior of sold Dollos & Power Light Compony troct,
the following four (4) courses:
1. South 06 degrees 27 minutes 54 seconds West, o distonce of 8.3.49 feet
to o point;
2. North 83 degrees 32 minutes 06 seconds West, o distonce of 5.00 feet
to o point;
3. North 06 degrees 27 minutes 54 seconds Eost, o distonce of 85.57 feet
to o point;
4. South 60 degrees 56 minutes 52 seconds Eost, o dlstonce of 5.42 feet
to the POINT OF BEGINNING ond contoining 423 squore feet or 0.0097
acres of Iond, more or less.
(Page 4 of 4)