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Home My WebLink About1791 10-09-2007ORDINANCE NO. 1791 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON LOT 1, BLOCK 2, WESTPARK PROFESSIONAL CENTRE ADDITION, FOR A TELECOMMUNICATION FACILITY; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on September 18, 2007, in conjunction with Specific Use Permit Case No. 07- 05 -SUP, and has rendered a recommendation to the City Council with respect to this case, WHEREAS, City Council has conducted a public hearing on October 9, 2007, 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 Telecommunication Facility 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 Lot 1, Block 2, Westpark Professional Centre Addition. 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," 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 9th day of October, 2007, by a vote of 5 ayes, 2 nays, and 0 abstentions. APPROVED: 'A't.- Mary Li Saleh, Mayor ATTEST: san Cri , T MC, City Secretary APPROVED AS TO FORM: p, T.; � gr- OF -5d V000 C9• O Kel IN 0 Iz Ordinance No. 1791, Page 2 of 4 ORDINANCE NO. 1791 SPECIFIC USE PERMIT CASE #07 -05 -SUP LAND USE: TELECOMMUNICATION FACILITY LOCATION (property address): 2103 W. Airport Freeway (legal description): Westpark Professional Centre Addition, Block 2, Lot 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 (INCLUDING DATES): 1. Tied to Verizon Wireless as the owner, 2. Antenna, nor any portion thereof, to exceed 100 feet in height, 3. No antenna elements external to the pole, 4. Monopole must be removed at the applicant's expense in the event that the facility is inactive for the period of one year, and city must be notified in writing that facility has become inactive; 5. The cell tower is to be a three -sided facade with the Euless Texas star above the word "EULESS" on it; and 6. If the holder of the SUP changes, it will require consent of the city council. Considered by Planning and Zoning Commission: DATE OF ACTION: September 18, 2007 approval F-1 denial r S ature of P Chairman Considered by City Council: DATE OF ACTION: Ictober 9, 2007 approval F-1 denial x � -L., cAc, Q D Signature of Mayor 201 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628 NOTE: INS PLAN IS SHOWN TO CLARIFY 111E RELATIONSHIP OR FN,URD VMCH WJ91M WORK TO OVERALL SITE OILY. HN'NAINE OOEFRNG DESIOR J QNYS NO RESPONSDRJIY FOR NNE 6GAL OESLRPI10N5 91DYN. R6Qi 70 SURVEY SHEET FOR COMPLETE SHE INFORMATION. FLOOD INFORMATION: THE LEASE SITE SHOWN ON THIS SURA -Y DOES NOT LIE WITHIN THE 100 YEAR FLOW PWN AND 15 LUCATED WIT" THE FLOW ZONE -X, PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEW) AS SHOWN ON THE FLOOD INSURANCE RATE MAP (FIRM), COMMUNITY PANEL NUMBER 48439C 0370 J. WHICH BEARS AN EFFECTIVE DATE DF AUCUST 23. 2000- GENERAL NOTES: THE FCLLOWNG GENERAL NOTES COHSTIIUTE A MAJOR PMT OF THEY CONTRACT DOCUBENI5. STRICT COMPLIANCE WIH THESE NO1E515 L5%NnAL TO THE PROCESS GE (WORK AT STE E CARE STALL BE TAKEN TD LOCATE ALL EASING LVMCROOND OBSTRUCTIONS UIURES ANO /OR EASEMENTS BEFORE DOING RN DRILLING OR THE 9rE 2 CARE SHALL BE TAKEN TO PROTECT THE SITE AND THE 41RROUNONG AREA FROM FINE HAZAAD DURING 'Nor OPERATIONS MEQUATE EOUPMENI, PERSONNEL AND EMERGENCY CCffYYW1NICAnO1S SNAtl BE PROVIDED rD PROTECT UFE N AND SURROUNDING THE CONS ON SITE 3. ALL EXCAVATIONS SITYE BE BARRICADED FOR PERSONA, PROTECTION. 6. LERIFY REOWIEMQHS OF OTHER TRADES PRIOR 10 PROGETDING WIN FAMCADON OR NSTALATIOH EF MATERIALS S. COMPLETE SHOP DRAWING SCALE BE PROMBED FOR All FABRICATED ITEMS FOR RENEW PRIOR 10 FABRICATION. SDHUCTWk ORAWMCS STATE NOT BE REPRODUCED FOR SOP DRAll 6. ALL WORN S kt BE ACCOMPLISHED WIN ALL APPLICARIE STATE, LOCAL AND NATIONAL CODES O 111E CURRENT ACCEPTED EDIIINS TINESE CODES INCLUDE BUT ARE NOT LIMITED TO THE FOLOWNG UNMLAM &HIDING CODE (OR LOCAL ACCEPTED CmE) THE AMERICAN A550QATCH OF STEEL CONSTRUCTION - 5KCIFICATION FOR THE DES", FABRICATION. AND ERECTION OF STRUCTURAL STEEL FOR BUDINGS THE AMERICAN CONCRETE NSONRE - BUILDING CODE REOHREUENTS 6 REINFORCED CUNLREIE AMERICAN MUNG SOCIETY - STRUCTURAL WEIDNC CODE - SIM TOWER OLSON - STANDARD PER 0A/DA - 222 - F SPEGiTCA Ras 7. 1FAIFY ALL "SONG STE copulas, UMANunES AND DIMEN9OR5 BEFOE srAR ORG WORK NOM THE CONSTRICTION MANAGER OF ANY DS "ANCIES OR INCONSISTENCIES 860E PROCEILUNC WIN THE WORN. 1. ALL BIDDERS SMALL MST THE STE BEFORE BOONG TO FAHUARIZF THEMSELVES WIN LASTING CONDITIONS. 1. DIE BUIDER /SUBCONTRACIOR SHALL BE RESPONSIBLE WIN NO ADDITIONAL COSTS TO THE OViERAE55DR/ PROJECTOR MANAOMpT IEAM FOR ALL HIS. PERNTS, NSPECRON FEES RELATED To THIS PROJECT. OR SEE THAI MY AND ALL W04 GNMCFS AN[ PAD BY THE RESPECTIVE SUBCONTRACTORS ASSOCIATED WTH MS PROJECT. ICI THIS BUILDER/9""CON 7RACION SALL BE RESPON%LE FOR THE REPAIR OF ANY DAMAGE 10 "STWG FACILITIES SCOT REPLACE OR REPAIR TO THE ORIGINAL CWDrm AS DETERMINED BY THE PROJECT MANAGER M. OJT AND PATCH ANY AREAS WERE REO L90 BY TILE SCOPE OF 145 PROJECT. MAIRH EXISTING WCRX AND MATERIALS EYE& F 9101 WORN FALLS CUSOE OF THE LIMITS OF THIS CONTRACT. IL TIE Oil OF THE SEE RETAINS TO SALVAGE RIORTS TO ALL MATERIALS AND EOOPMENI REMOVED FROM THE EDSTNC WORK MATERIALS AND EQUIPMENT NOT GRIMED BY THE OWNER SMALL BEGU E TIE PROPERTY OF THE BUWDFA/SRBCONHI CIOR WD SHALL ASSUME COMPLETE RESPONSIBILITY FOR IRE REMOVAL AND IPPROPDATE DISPOSAL THIMCF. 11 DIMENSIONS NOTED A5 '*/-' OR 'VERIFY ARE BASED OR NATO" EIBSTWEG CONDITIONS AND MAY VARY SHORTLY FROM THE DIMENSIONS AS EHOM. NOTIFY THE PROJECT MANAGER IF SIGNIFICANT VARIATIONS ARE ENCOUNTERED AT THE SITE ION DEMOLRIION AND CONSTRUCTION ACRWIIES SCALL BE ACCONP191m N 9301 A MANNER THAI NO O5HJPTKN OF EXISTING FACWITY OREAATIOUS WLL OCCUR, IS THE NATURE O Re SITE RELATED 40VITC5 REQUIRES THAT ACUSS TD IRE SITE MUST BE MANAGED AT ALL TINES DURING HOURS Of OPERATION AND WIEN THE 91 IS UNATTENDED. WVO( WHIR THE OWNERS REPRESENTATIVE FOR SAM AND SECURITY AT ALL RUES. Curb & Gu(ter :Gro5s.Area . _ 'b4'': 0r Brass Co F d = 5591 Power Pole SEE ENLARGEMENT SHEET A2 PROPOSED SITE Power — & G —I ter— — � Deed C.AH. Curb Vol 4125, Pg 628 Sate H FjeewpY 1TPpTt '� ChNSeled 'k" Fnd ult f/ =566 TOOr Bross Cop FndP �Urb Go r. , pre =5 568.48 Grails - Hour OCT .,,,rent rri�U•t ��'ow�e�i LEASE AREA 795.00 SQ. F`P- 0 018 ACRES )A LOCotion Chiseled "X� Set EL = 560.84 Light 1 Pole P.O.C. Lse. Site SW Co, Lot I. Blk. 2 5 /8 -I.R. Fnd. L512014 El. = 562.09' Po Wer y Pole I 1 Curb & Cutter "I o _ _ P r 1/r IL, B. Leo- Sit. g -: �fpSS ATLw " LR. Set Ordinance 1791, Page 4 of 4 "Exhibit A "1 AI e_ OVERALL SITE PLAN SCALE: I' - 50• -0• p i i L e, Wm Lbla C. . innovarir rwn43innn=qina [)Allan AsJdord CY--q N 1880 S. UMUY Ashford, Suite 175 Huuslun, Tn,us 77077 Id : (837) 327 -U IUI Fa.: (632) 327 0706 WY / DALE OSl1B'IAN �07N5 /117 LEY. QITOOTt CADNCIS 6 BTU]( .1 iq Q� 1 f � JOSEPH S ADBOUO Zttp�l 698-34 / ZCENSEU �'c.% ILA\;S /ORAL THE SEAL APPEARING ON THIS DOCUMENT WAS AURIORIZED BY JOSEPH S. ABBOUD, P.E 69894 UN _0$_22-07 CASE # 07 -05 -SUP PRINTED BAIL, 08/27/07 DRAW BY: V.L. OECHED BY : J.sk OVERALL SITE PLAN 163620A WESTPARK WAY 2107 AIRPORT FREEWAY EULESS, TX 76070 A.1 VERIZON WIRELESS Power pole - _ _Curb & Cu.__ - Eosement _ Vol 4450, Pg 125 I :- - Easement Vol 5499 Pg 658 0l of 4 T .:• li � I Cori C. Pork g Lot 4 0l 4 WI O c r � u n tii I h I_ � � i� Restouront I I IFu LEASE AREA 795.00 SQ. F`P- 0 018 ACRES )A LOCotion Chiseled "X� Set EL = 560.84 Light 1 Pole P.O.C. Lse. Site SW Co, Lot I. Blk. 2 5 /8 -I.R. Fnd. L512014 El. = 562.09' Po Wer y Pole I 1 Curb & Cutter "I o _ _ P r 1/r IL, B. Leo- Sit. g -: �fpSS ATLw " LR. Set Ordinance 1791, Page 4 of 4 "Exhibit A "1 AI e_ OVERALL SITE PLAN SCALE: I' - 50• -0• p i i L e, Wm Lbla C. . innovarir rwn43innn=qina [)Allan AsJdord CY--q N 1880 S. UMUY Ashford, Suite 175 Huuslun, Tn,us 77077 Id : (837) 327 -U IUI Fa.: (632) 327 0706 WY / DALE OSl1B'IAN �07N5 /117 LEY. QITOOTt CADNCIS 6 BTU]( .1 iq Q� 1 f � JOSEPH S ADBOUO Zttp�l 698-34 / ZCENSEU �'c.% ILA\;S /ORAL THE SEAL APPEARING ON THIS DOCUMENT WAS AURIORIZED BY JOSEPH S. ABBOUD, P.E 69894 UN _0$_22-07 CASE # 07 -05 -SUP PRINTED BAIL, 08/27/07 DRAW BY: V.L. OECHED BY : J.sk OVERALL SITE PLAN 163620A WESTPARK WAY 2107 AIRPORT FREEWAY EULESS, TX 76070 A.1 VERIZON WIRELESS