ORDINANCE NO An ordinance amending the zoning ordinances of the City of Dallas by permitting the following

Transcription

1 ORDINANCE NO An ordinance amending the zoning ordinances of the City of Dallas by permitting the following property, which is presently zoned as an R-7.5(A) Single Family District: BEING Lot 2 in City Block A16762; fronting approximately feet on the east line of Namur Street approximately feet south of Scyene Road; and containing approximately 2.25 acres, to be used under Specific Use Permit No for a tower/antenna for cellular communication limited to a monopole cellular tower; providing that this specific use permit shall be granted subject to certain conditions; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city plan commission and the city council, in accordance with the Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given the required notices and have held the required public hearings regarding this specific use permit; and WHEREAS, the city council finds that this use will complement or be compatible with the surrounding uses and community facilities; contribute to, enhance, or promote the welfare of the area of request and adjacent properties; not be detrimental to the public health, safety, or general welfare; and conform in all other respects to all applicable zoning regulations and standards; and WHEREAS, the city council finds that it is in the public interest to grant this specific use permit, subject to certain conditions; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Z (SH)(SUP No. 2231) -Page 1

2 SECTION 1. That the zoning ordinances of the City of Dallas are amended to allow the following property ( the Property ), which is presently zoned as an R-7.5(A) Single Family District, to be used under Specific Use Permit No for a tower/antenna for cellular communication limited to a monopole cellular tower: BEING Lot 2 in City Block A/6762; fronting approximately feet on the east line of Namur Street approximately feet south of Scyene Road; and containing approximately 2.25 acres. SECTION 2. That this specific use permit is granted on the following conditions: 1. USE: The only use authorized by this specific use permit is a tower/antenna for cellular communication limited to a monopole cellular tower. 2. SITE PLAN AND ELEVATION: Use and development of the Property must comply with the attached site plan and elevation. 3. TIME LIMIT: This specific use permit expires on March 22, 2027, but is eligible for automatic renewal for additional 10-year periods, pursuant to Section 5 1A of Chapter 51A of the Dallas City Code, as amended. For automatic renewal to occur, the Property owner must file a complete application for automatic renewal with the director before the expiration of the current period. Failure to timely file a complete application will render this specific use permit ineligible for automatic renewal. (Note: The Code currently provides that applications for automatic renewal must be filed after the 180th but before the 120th day before the expiration of the current specific use permit period. The Property owner is responsible for checking the Code for possible revisions to this provision. The deadline for applications for automatic renewal is strictly enforced.) 4. COLOCATION: Any tower/antenna for cellular communication over 65 feet in height must be constructed to support the antenna arrays for at least two other wireless communications carriers, and the tower/antenna for cellular communication must be made available to other carriers upon reasonable terms. 5. FENCE: The tower/antenna for cellular communication must be enclosed by an eight-foot-high wooden fence and secured by a 12-foot-high access gate in the location shown on the attached site plan. 6. HEIGHT: The tower/antenna for cellular communication may not exceed 100 feet in height. A lightning rod may project 10 feet beyond the maximum height. Z (SH)(SUP No. 2231) -Page 2

3 MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 8. GENERAL REQUIREMENTS: Use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the City of Dallas. SECTION 3. That all paved areas, permanent drives, streets, and drainage structures, if any, on the Property must be constructed in accordance with standard City of Dallas specifications, and completed to the satisfaction of the City of Dallas. SECTION 4. That the building official shall not issue a building permit or a certificate of occupancy for a use authorized by this specific use permit on the Property until there has been full compliance with this ordinance, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the City of Dallas. SECTION 5. That a person who violates a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 6. That the zoning ordinances of the City of Dallas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 7. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended. Z (SH)(SUP No. 2231) -Page 3

4 SECTION That this ordinance shall take effect immediately from and after its passage and publication in accordance with the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO By Assistant(ttorney Passed taaj 22 2O7 Z (SH)(SUP No. 2231) -Page 4

5 - FENCE TO MATCH EXISTING FENCE LINE W/ 14 FEILO GATE (58LF±) --jzzz - PROPOSED 22 INGRESS/EGRESS & UTILITY EASEMENT - -OO WIRE FENCE SEE L1.1 FOR LANDSCAPING REQUIRED ALONG ROAD. 25 GATE GRAVEL ACCESS ROAD \ (258LF±) (SEE DETAIL 3/C8) PROPOSED 15 X5D TURNAROUND PROPOSED TOWER 5D XSD LEASE AREA (2,500 SQ fl) PROPOSED 46 o42 WOODEN FENCE (SEE SHEET C2) PR020SED LANDSCAPING (SEE SHEET Lii) TOWER SET3ACKS TO PROPERY LINES (FROM TOWER CENTER) NOR H 43 O EAST 32 5 SOJT -I 15 5 WEST PARENT TRACT 4VTIC4PICT< GROCERY. INC PARCEL# A00002D1 DO PARENT TRACT KAICKPICK GROCERY, INC PARCEL# A PROPERTY LINE LOT 2 SPAKES ADDITION VOL 90070, PAGE 4510 FIRE HYDRANT (132LF± FROM c. OF ACCESS ROAD) HARRIS BRITT TRUSTEE PARCEL50DDD6313BDS0D0D0 & PA,RcELI00000S3I375DDDODD VGLJMC P0 R526 ZONED: R 7.5(A) SURVEY NOTE: 1. ECO SITE STAFF SHALL COORDINATE WITH THE PROPERTY OWNER TO ORTAIN THE PROPER EASEMENT AGREEMENTS TO CONSTRUCT AND MAINTAIN EQUIPMENT IN AND AROUND THE TOWER COMPOUND. 2. PROPOSED COMPOUND LAYOUT BASED ON SURVEY PROVIOEO BY SMW ENGINEERING GROUP DATED 6/OR/2D16 AND SITE VISIT ON 05/31/2016. SITE IS LOCATED WiTHIN FEMA FLOOD MAP 48113CD3704, DATED JULY 7, 2514 AND IS IN FLOOD ZONE S AND IS NOT IN A FLOOD I HAZARD AREA. 17N5 OVERALL SITE PLAN SCALE:1 =30 (l1 x17 ) SCALE:1 = 15 (24 x36 ) CONTRACTOR TD OBTAIN CONTRACTOR TO OSTAIN WRITTEN PERMISSION TO WRITTEN PERMISSION TO GRADE OUTSIDE LEASE AREA BUILD AND MAINTAIN PRIOR TO CONSTRUCTION TURNAROUND OUTSIDE LEASE AREA PRIOR TO CONTRACTOR TD OBTAIN CONSTRUCT ON WRITTEN PERMISSION TO PLANT AND MAINTAIN LHNDSCAPINC OUTSIDE LEASE AREA PROR TO S 3D GRAPHIC SCALE: 1 3D (11 1r) Specific Use Permit No Approved City Plan Commission ar D LEIGH FARM ROAD Sb IC 415 DURHAM, RE OFFICE: (919) PCDT9RE_I ENQINOERINO GROUP, INC. 56 BUSINESS CENTER DRIHE DRUNORAM, AL TEL: DU*.VTTWDn5 Corn REVISIONS REV DATE DESCRIPTION BY 91/91/16 ISSUED POlO PEOMITT1NO VS I O/1T/I PER LANDSCOJ IRO JES 18I/T PET UJEOQI COUA04IS Ian/aS/Il RESISTS PER 0510,1 CR LOS ba/is?,, ITESISCO PET CR5111 COWOETETS Los WOE CA#: TX T961 7 SAM HOUSTON DAD35536 ER11 ADDRESS NOT PRONIDED DALLAS, TS DRAWN BY: MAW CHECIRED BY: 55 SUB PEWTEr ft TED 915 PROJECT p TX DODD 06/30/2016 I Z OVERALL SITE PLAN Cl 4

6 - SOW C 0 (U > w lop OF LIGHTNING ROD P EL. 110 AOL. PROPOSED T- MORILE ANTENNAS P l EL. R5 A.G.L. lu tulle COLCCA 104 Q EL.43 AC.. ALL INFORMATiON ON THIS PAOE IS PROV.OED BY ECO S:TE AND/OR OTHERS AND IS SHOWN FOR ILLUSTRATiVE PURPOSES ONLY. CONTRACTOR SHALL CONTACT THE ECO SITE CONSTRUCTiON MANAGER ARIOR TO CONSTRUCTION FOR ALL DETAILED ANTENNA. MOUNT. AND COAX CABLE INFORMATION. FIJ 11 URE CO.:.OCATOT I El 71 ACE PROPOSED TOO STEALTH NONOPOLE NOTE: THE MONOPOLE DIAMETER WILL NOT EXCEED 42 INCHES AS SPECIFIED BY CITY CODES PROPOSED LESSEE EQUIPMENT STEALTH MONOPOLE ELEVATION NOT TO SCALE Specific Use Permit No Approved City P an CommSSi ar FcaS i te 240 UGH FARM ROAD SUiTE 415 DURHAM. NC OFFICE: (910) R5FOADO00_ ENOINEERINO GROUP. INC. ISO BJSJNESS CENTER DONE B.RMINOIA6I. AL 352*4 TEL *,.sm*RFQ.000 ii IC V IOIUNO R[DATE I DESCRIPTION O 07/Or/IS IISNJEO F P *0.OS 08/Il/IS *60500 PER LAOIOSCSP,NO /10/17 RUiNED PER RJE8JT CO089ENTS.05 S 01/25/17 REOPSEO PER OJERT CO9MAENTN /IS/li REOSEO PER WENT COMRENTS S CA#: TX F 9617 SAM HOUSTDN DAD35636 FRi 1 ADDRESS NOT PROViDED DALLAS, TX DRAWN BY: MAW CHECKED BY: iso PROJECT ECO SITE PROJECT p TX OO5O DOPE D6/3D/2D1N J ANTENNA AND TOWER ELEVATION DETAILS Cli 4

7 30392 SCYENE RD SCYENE RD R-7.5(A) WOOb., TH-2(A) 1:2,400 ZONING MAP Case no: ZI

8 PROOF OF PUBLICATION - LEGAL ADVERTISING The legal advertisement required for the noted ordinance was published in the Dallas Morning News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XVIII, Section 7. DATE ADOPTED BY CITY COUNCIL MAR ORDINANCE NUMBER DATE PUBLISHED MAR ATTESTED BY: OFFICE OF CITY SECRETARY P:\PROOF OF PUBLICATION.docx