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HomeMy WebLinkAbout1016 11-28-1989ORDINANCE # 1016 AN ORDINANCE AMENDING ORDINANCE NO. 347, IDENTIFIED AS THE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS; BY AMENDING AND REPLACING SECTION 7 -1000, TITLED SPECIFIC USE PERMITS; AMENDING AND REPLACING SECTION 7 -1001, TITLED CONDI- TIONS FOR APPROVAL OF A SPECIFIC USE PERMIT, BY ADDING AIRPORT AS A USE LISTED IN THE SPECIFIC USE SCHEDULE; PROVIDING FOR APPLICATION PROCEDURES, WAIVER OF PERMIT REQUIREMENTS, CONDI- TIONS OF PERMIT APPROVAL, GOVERNMENTAL IMMUNITY, TIME LIMIT, REVOCATION OF PERMIT, AMENDMENTS, AND DEFINITION; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current Specific Use Permit requirements are written in a manner that does not provide for the full protection of the public welfare; and WHEREAS, specific conditions for approval are necessary in order to best provide for the public protection and welfare; and WHEREAS, the City Council of Euless has determined that certain uses, because of their nature, should require specific approval by Council; and WHEREAS, "airport" is not included in the original Specific Use Schedule nor in any other permitted use category within the City of Euless; and WHEREAS, the City of Euless recognizes that unplanned and unregulated develop- ment in the City can subject citizens to unexpected and intolerable threats to their physical safety, can diminish and erode the quality of life in this City and can lower property values; and WHEREAS, the City of Euless recognizes that the neighborhoods surrounding the Dallas /Fort Worth International Airport generally have been developed in con- formity with long- standing Airport master plans; and WHEREAS, the City Council desires to maintain a constructive relationship between the home rule cities of Euless, Dallas, and Fort Worth concerning airport - related land use decisions in the context of City of Euless governance and home rule policies which protect the safety and general welfare of the City of Euless by ensuring that airport and airport - related development in the City of Euless occurs in a manner consistent with such safety and general welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I THAT Ordinance No. 347 be amended by replacing Section 7 -1000, entitled "Spe- cific Use Permit," and Section 7 -1001, entitled "Conditions for Approval of a Specific Use Permit," with the following: "7 -1000 "SP" - SPECIFIC USE PERMITS The purpose of the Specific Use Permit is to provide the City Council with the opportunity to deny or to approve conditionally those uses for which Specific Use Permits are required. Those uses may have unusual physical or operational characteristics or may be of public or semi - public character often essential or desirable for the general convenience and welfare of the community. Because, however, the nature of the use, the importance of the use to public planning policy or possible adverse impacts on neighboring properties of the use, heighten review, evaluation, and exercise of planning judgment relative to the location, site plan, and operation of the proposed uses are required. 7 -1001 Permit Required No use listed in the Specific Use Schedule shall hereafter be erected, used, altered, occupied or convert any land, building or structure to such a use unless a Specific Use Permit has been issued by the City Council. The granting of a Specific Use Permit shall be done in accordance with Section 16, and shall be allowed only in the zoning district specified as a permissive district in the following "Specific Use Schedule." " QV r"" M TT THAT Section 7 -1002, entitled "Specific Use Schedule" be amended by adding the following to the end thereof: it USE PERMISSIVE DISTRICT Airport (general and commercial) I -2 it SECTION III THAT Ordinance No. 347 be amended to include the following additional sections, and that subsequent sections be renumbered accordingly: "7 -1003 Application Procedure (1) An application for a Specific Use Permit shall be filed with the City Planning Department on a form prepared by the City. The application shall be accompanied by the following: (a) A completed application form signed by the property owner; (b) An application fee as established by the city's latest adopted "Schedule of Fees;" ORDINANCE NO. 1016 PAGE 2 OF 8 (c) A certificate stating that all city and school taxes have been paid current -to -date; (d) A property description of the area where the Specific Use Permit is proposed to apply; (e) A site plan complying with the requirements stated herein which will become a part of the Specific Use Permit, if approved, and; (f) Any other material and /or information as may be required by the Planning and Zoning Commission, the City Council or the City Manager to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City of Euless. (2) A site plan shall contain, at a minimum, the following information: (a) Boundary of the area covered by the site plan; (b) A description of all processes and activities involved in the proposed use; (c) Existing and proposed buildings and structures, including their height, roof line, gross floor area, location of entrances and exits, areas for storage, and areas where work is performed; (d) Existing drainage ways and significant natural features, such as large trees, tree clusters, steep slopes, etc.; (e) Proposed landscaping and screening buffers; (f) Location and dimensions of all curb lines, public and private streets, easements, parking and loading areas, pedestrian walkways, lighting facilities, and outside trash storage facilities; (g) The location, height, and type of wall, fence and /or other type of screening; and (h) The location, height and size of all proposed signs. (3) The following additional information shall be provided prior to approval subject to the provisions of Section 7 -1004. - (a) Any final environmental assessment and /or final environmental impact statement that may be required pursuant to state or federal statutes; (b) Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility; (c) Copies of studies or analyses upon which alternatives have been considered and evaluated; ORDINANCE NO. 1016 PAGE 3 OF 8 (d) Description of the present use, assessed value and actual value of the land affected by the proposed facility; (e) Description of the proposed use, anticipated assessed value and supporting documentation; (f) A description of any long term plans or master plan for the future use or development of the property; (g) A description of the applicant's ability to obtain needed easements to serve the proposed use; (h) A description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land use patterns; (i) A description of any special construction requirements that may be necessary for any construction or development on the subject property; (j) If the proposed use will result in a significant increase in traffic, a traffic impact analysis prepared by a certified professional engineer qualified in the field of traffic engineering and forecasting; (k) If the proposed use will result in the production of noise of 50 DBa at the property line from 10:00 p.m. through 7:00 a.m., or 55 DBa at the property line from 7:00 a.m. through 10:00 p.m., a map showing projected noise at 55, 60, 65, 70 and 75 ldn noise contours, data showing projected distribution of single event noise events for each half hour throughout the day, including expectant decibel levels and duration of noise events, and projected cumulative noise totals from all facility- related noise. 7 -1004 Waiver of Permit Requirements Upon petition by the applicant showing that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the City Council, upon recommendation by the Planning and Zoning Commission, may waive any part, or all, of the application requirements imposed by Section 7- 1003(3). The City Council may grant such a waiver only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant. 7 -1005 Conditions of Permit Approval A Specific Use Permit shall not be recommended for approval by the Planning and Zoning Commission unless the Commission finds that all of the following con- ditions have been found to exist: ORDINANCE NO. 1016 PAGE 4 OF 8 (1) The proposed use complies with all the requirements of the zoning district in which the Specific Use Permit is located; (2) The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city; (3) The benefits that the City gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use; (4) Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided; (5) The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent develop- ments; (6) The issuance of the Specific Use Permit does not impede the normal and orderly development and improvement of neighboring vacant property; (7) The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood; (8) The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity; (9) Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blithe; (10) Sufficient on -site lighting is provided for adequate safety of pa- trons, employees and property and that such lighting is adequately shielded or directed so as not to disturb or adversely effect neigh- boring properties; (11) There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties; (12) The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs; (13) The proposed use is in accordance with the City's comprehensive plan; ORDINANCE NO. 1016 PAGE 5 OF 8 7 -1006 Additional Conditions In authorizing a Specific Use Permit, the Planning and Zoning Commission may recommend, and the City Council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community. 7 -1007 Governmental Immunity Upon petition of the applicant, the City Council may officially recognize that the applicant is immune from the requirements of complying with the City's zoning ordinance for a proposed building, structure, use, development or activity, (a) if required by State or Federal statutes, or (b) in the absence of such statutes, upon consideration and balancing of all relative factors, including: (1) The impact of zoning compliance upon a proposed building, structure, use, development or activity; (2) The impact of a proposed building, structure, use, development or activity on the city; (3) Whether the site selected is the most prudent and feasible location for the proposed building, structure, use, development or activity; (4) The need to the applicant and the region for the proposed use, development or activity. 7 -1008 Time Limit A Specific Use Permit issued under this section shall be valid for a period of two (2) years from the date of issuance and shall become null and void unless construction or use is substantially under way during the two -year period, or unless an extension of time is approved by the City Council. 7 -1009 Revocation of Permit A Specific Use Permit may be revoked or modified, after notice and hearing for either of the following reasons: (1) The permit was obtained or extended by fraud or deception; (2) One or more of the conditions imposed by the permit has not been met or has been violated. 7 -1010 Amendments The procedure for amending a Specific Use Permit shall be the same as for a new application, provided, the administrator may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighbor- hoods. it ORDINANCE NO. 1016 PAGE 6 OF 8 CR("PTnM TV THAT Section 7 -1300 be amended to include the following definition: " (112) Airport (general / commercial) an area of land or water, publicly or privately owned, designated and set aside for the landing and taking off of aircraft and used for or to be used in the interest of the public for that purpose. The term includes an area with installations relating to flights, including installations, facilities, base of operations for tracking flights or acquiring flights or acquiring data concerning flights. " SRl`TTnM VT PENALTY FOR VIOLATION: Any person, firm or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed One Thousand ($1,000.00) Dollars, and each day such violation shall be permitted to exist shall constitute a separate offense. SR(`TTnM VT SEVERABILITY CLAUSE: It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, paragraph, or section of this ordinance shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such phrase, clause, sentence, paragraph, or section declared invalid. ORDINANCE NO. 1016 PAGE 7 OF 8 Q'Ur"PTAM UTT EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING Council on the 14th day of at a regular meeting of the Euless City November , 1989, by a vote of 5 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 28th day of November 1989, by a vote of 5 ayes, 0 nays, 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST: H. Kay Godbey, CMC /AAE, City Secretary AP OVED FO Robert McFarland, City Attorhey ORDINANCE NO. 1016 PAGE 8 OF 8