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2004-027RESOLUTION NO. 04-027 OFFICM RECORD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR TELECOMMUNICATIONS TOWERS, ANTENNAS AND ANCILLARY STRUCTURES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 3700 N. WHITE CHAPEL BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK A, OIEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-219, PAGE 14, PLAT RECORDS, TARRANT COUNTY, TEXAS AND CABINET A, SLIDE 9, PLAT RECORDS, DENTON COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for telecommunications towers, antennas and ancillary structures has been requested by a person or corporation having a proprietary interest in the property zoned as "CS" community service district; and, WHEREAS, in accordance with the requirements of Sections 45.1 (31) and 45.8 of the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A Specific Use Permit is hereby granted for a telecommunications tower, antennas and ancillary structures on property located at 3700 N. White Chapel Boulevard, being legally described as Lot 1, Block A, Oien Addition, an addition to the City of Southlake, Tarrant and Denton Counties, Texas, Page 1 according to the plat recorded in Volume 388-219, Page 14, Plat Records, Tarrant County, Texas and Cabinet A, Slide 9, Plat Records, Denton County, Texas more fully and completely described in Exhibit A", and as depicted on the approved site plan attached hereto and incorporated herein as Exhibit `B" and providing an effective date, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions, if any, shall be applicable to the granting of this Specific Use Permit: 1. Variances are granted for the following: a. Maximum building size — The maximum building size allowed is 180 square feet. The applicant is proposing a building size of 188 square feet. b. Maximum building height — The maximum building height allowed is 10 feet. The applicant is proposing a building height of approximately 11 feet. c. Masonry — Buildings within 400 feet of single family residential properties are required to have a masonry fagade. The applicant is proposing a pre -fabricated building with a fagade of exposed aggregate. d. Pitched roof — Buildings within 400 feet of single family residential properties are required to have a pitched roof. The applicant is proposing a pre -fabricated building with a flat roof. e. Setback — No non -single family residential building may encroach in the area above a line having a slope of 4:1 from any single family residential property. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20 feet in height. The applicant is proposing the generator cabinet to be within 20 feet from the northern property line. f. Number of Buildings — No more than 3 separate equipment buildings are permitted on a single lot. The applicant is proposing to add a 5th equipment shelter. g. Buffervards — Where abutting public land, public streets, or land designated as low or medium density residential shall provide screening as required in an "F2" bufferyard. The applicant is proposing bufferyards on the north and east property lines with a solid plant screening on all sides of the interior compound. 2. Requiring installation of an opaque screening material on the entry gates; 3. Requiring an evergreen screening material such as a holly, and not red -tipped Photinias, where screening is required and shown on the site plan; 4. Requiring that the evergreen screening material and bufferyards be irrigated and maintained in perpetuity, where screening and bufferyards are required and shown on the site plan. Page 2 SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS 4' DAY OF MAY, 2004. ATTEST: A"U' a 4'aa Lori Farwell City Secretary CITY OF SOUTHLAKE By. Andy Wambsganss, Mayor Page 3 EXHIBIT "A" Property located at 3700 N. White Chapel Boulevard. being legally described as Lot 1, Block A, Oien Addition, an addition to the City of Southlake, Tarrant and Denton Counties, Texas, according to the plat recorded in Volume 388-219, Page 14, Plat Records, Tarrant County, Texas and Cabinet A, Slide 9, Plat Records, Denton County, Texas. 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