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
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Ordinance 1796, Page 4 of 4 "Exhibit A"
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