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HomeMy WebLinkAbout1796 11-13-2007ORDINANCE NO. 1796 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON LOT 2, BLOCK 45, MIDWAY PARK 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 November 6, 2007, in conjunction with Specific Use Permit Case No. 06-19 - SUP, and has rendered a recommendation to the City Council with respect to this case, WHEREAS, City Council has conducted a public hearing on November 13, 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 2, Block 45, Midway Park 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 13th day of November, 2007, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: LTA leh, Mayor ATTEST: Susan Crim YRMC, City Secretary APPROVED AS TO FORM: We Ordinance No. 1796, Page 2 of 4 ORDINANCE NO. 1796 SPECIFIC USE PERMIT CASE #06 -19 -SUP LAND USE: TELECOMMUNICATION FACILITY LOCATION (property address): 709 Midway Drive (legal description): Midway Park Addition, Block 45, Lot 2 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): Antenna not to exceed 70 feet in height; 2. A Stealth monopole that incorporates architectural design elements; 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 the city must be notified in writing that the facility has become inactive; 5. Tied to T- Mobile Texas, L.P., as the owner, or its successors, and in the event that such a change in ownership occurs, the city must be notified in writing; and 6. That the required new plat show the fire lanes and all other appropriate easements. Considered by Planning and Zoning Commission: DATE OF ACTION: November 6, 2007 approval F-1 denial X Y fc� Signature of P & Z Chairman Considered by City Council: DATE OF ACTION: November 13, 2007 approval denial X Signature of Mayor 201 N. Eccor Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628 1 1 NEE ID' WOE 7 uRUTY EAgyENT 1\ (I) SW BURED SCE40 PVC CONDUT FOR POWER TO PUWER SOURCE - E300' RUN (NOTE. C.C. TO PROAUE CONOUCTORS FROM TRANvORMER TO ETEN BA %) (2) 3's BURIED SCH.4 PVC CONDUIT FOR ELM i0 TEL CO DEYARC IA WM METAPE AND CAP - 3300 RUN E415TWL BURO KC 40lE: T- MOBILE TO PROVDE ALL TOWER STEEL h RE MATER— CC, TO PROVIDE ANTENNA MOUNTS k RELATED HARDWARE. ANALYSIS AND DESIGN OF TOWER AND FOUNDATION BY OTHERS. NO ERECTION OR MODIFICATION OF TOWER AND FOUNDATION SHALL BE MADE WITHOUT APPROVAL OF STRUCTURAL ENGINEER. NEW PULL TIMES ,cc POWER /TEL" RUNS 11\ \ 1111 b. \ _ 1 1\ 1 1 \ 1 1 \ 5 4 (E) EDGE OF PAVEMENT RE. 70' STE&TH YONOPCLE M (3) ANTENNAS WSOE CANSIER (I) PANEL ANTENNAS PER SECTOR SECTOR A. 0' 0 67 RAO CENTER SECTOR B, 120" 0 67' M CENIEA %CIOR C. 240' 0 67' RAC CENTER 7S_0' 19 "p NEW TOWER FOUNDATION (OESGN BT OMENS) NEW 15•10' CONCRETE PAU 6- ABO* CRA\EL BASE NEW (3) 512WO BTS CABINETS ..,. PI\ Pry NE 2i WOE f PP CABW LE wR1DCZ � r 1n -� -0 \b, 5p� . y,3 -B \1\ \ Ordinance 1796, Page 4 of 4 "Exhibit A" 1 Q IV z Q IN W X v m3 � O 11 8 Q � O 1 Qi PRDXCT NO DA2057A NEW CRAWL \ ORAWN BY CC/ 52. BASE WMIN \\ NEW 12- WOE c"ND ACCESS EASEMENT DECKED B, -. J.M.C. 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