HomeMy WebLinkAbout1521 02-26-2002ORDINANCE NO. 1521
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON TRACT 4- A -R -1, WESTPARK CENTRAL, FOR AN
ANTENNA MORE THAN 60 FOOT IN HEIGHT; PROVIDING FOR A
SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has conducted a public hearing on
February 5, 2002, in conjunction with Specific Use Permit Case No. 02 -01 -SUP, and has
rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on February 26, 2002, has
considered the recommendation of the Planning and Zoning Commission, and has
determined that the proposed change is in the best interest of the general welfare of the
City of Euless and that any foreseeable negative impacts of the proposed use have been
mitigated through design restrictions or other set conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
SECTION 1
ALLOWED USES
THAT Antenna more than 60 foot in height uses as specifically described on Exhibit "A"
(attached hereto and made a part hereof) and on the Specific Use Permit Form (attached
hereto and made a part hereof), shall be permitted on Tract 4- A -R -1, Westpark Central.
SECTION 2
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, and phrases of this
ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses,, 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 unconstitutional phrase.
SECTION 3
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms
and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined in accordance with Chapter "General Provisions," Section
1 -12 "General Penalty," Euless Code of Ordinances. Each such violation shall be
deemed a separate offense and shall be punishable as such hereunder.
SECTION 4
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 PASSED ON FIRST AND FINAL READING at a regular meeting of
the Euless City Council on the 26th day of February, 2002, by a vote of 6 ayes,
0 nays, and 0 abstentions.
APPROVED:
V /' 1 azi4; ('v7\ X-�iu J" -�
Mary Lib Waleh, Mayor
ATTEST:
Z�:�
�e� Susan m,
CMC, City Secretary
APPROVED AS TO FORM:
Ordinance No. 1521, Page 2 of 5
Specific Use Permit
CASE #02 -01 -SUP
Specific Use Permit Ordinance No. 1521
LAND USE: Antenna more than 60 foot in height
LOCATION
(property address): 2155 W. Airport Freeway
(legal description): Westpark Central, Abstract 280, Tract 4 -A -R -1
This permit is valid only for the property and use listed above and then ONLY in accordance
with the following documents and /or conditions:
CONDITIONS:
1) Nextel or any assigned owners shall notify the city when antennas
ownership is transferred;
2) height of antennas are not to exceed 76 feet from ground or 6 feet above
top of canopy; and
3) height of building enclosure is not to exceed 10 feet above top of canopy.
Considered by the Planning and Zoning Commission:
DATE OF ACTION: February 5, 2002
RECOMMENDATION: approval ❑ denial
ISlgnature of P & Z Chairman
Approved by City Council:
DATE OF ACTION: ❑ approval ❑ denial
X ALLa J
Signature of Mayor
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1400 • Metro 817/267 -4403 • Fax 817/685 -1416
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Ordinance No. 1521, Page 4 of 5
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