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2001-068RESOLUTION NO. 01-068 OFFICIO„ R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS ANTENNA AND AN ANCILLARY STRUCTURE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACT 1B10D SITUATED IN THE HARRISON DECKER SURVEY, ABSTRACT NO. 438, BEING APPROXIMATELY 0.7755 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a telecommunications antenna and an ancillary structure has been requested by a person or corporation having a proprietary interest in the property zoned as "I-1" Light Industrial District; and, WHEREAS, in accordance with the requirements of Section 45.1 (38) 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 antenna and an ancillary structure on the property being legally described as Tract 1BIOD situated in the Harrison Decker Survey, Abstract No. 438, being approximately 0.7755 acres, more fully and completely described in Exhibit "A", and as depicted on the approved Concept 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. A variance to the requirement that the equipment building shall not exceed 10' in height nor 180 square feet in total area. 2. A variance to the requirement that the equipment building must be constructed of masonry materials meeting the requirements of "Residential Adjacency" standards. 3. Such other conditions as established in the motion made by the City Council at the regular meeting on November 26, 2001, attached hereto and incorporated herein as Exhibit "C". SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS a10 DAY OF I DVP*K {e-- , 2001. CITY OF SOUTHLAKE SOOn(/ ''• m Rick Stacy, Mayor Sandra L. LeGrand City Secretary APPROVED AS TO FORM: R City Attorney City of Southla,rTexas EXHIBIT "A" Being Tract 1B IOD situated in the Harrison Decker Survey, Abstract No. 438, and being approximately 0.7755 acres. Legal Description Being a 0.7755 acre tract of land being all of that certain called 0.755 acre tract conveyed to George L. Johnson by deed recorded in Volume 12620, Page 1255 of the Deed Records of Tarrant County, Texas, also being out of and a part of that certain called 67.15 acres tract conveyed to F. W. Dobecka by deed recorded in Volume 4307, Page 652 of the Deed Records of said County and also being known, as Tract 50 of an unrecorded plat, situated in the Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas, said 0.7755 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of said called 67.15 acres tract, said point also being in the south right-of-way Ione of Continental Boulevard; THENCE North 89104'09" East, along the north line of said 67.15 acres tract and along said south right-of-way line, a distance of 548.06 rc the POI"JT OF BEGINNING of the herein described tract; THENCE North 89104'09" East, continuing along the last mentioned line and along the north line of said Johnson tract, a distance of 274.04 feet to a .:,oint for northeast corner of the herein described tract; THENCE South 00052'32" East, a distance of 123.97 feet to a point for the southeast corner of the herein described tract; THENCE South 89123'53"West, a distance of 274.40 feet to a point for the southwest corner of the herein described tract; THENCE North 00142'28" West, a distance of 122.40 feet to the POINT OF BEGINNING and containing within these calls a calculated area of 0.7755 acre or 33,779 square feet of land, more or less. y E. CONFINENTAL LVD. 10 UnUTY EAST ENI- 1 I l7 [AStc GRf \ y+,l-.-mss.. \ , I !we __ .. t_ 11. 5' ACCi SS f MEW i,,,,,,,,,,,,,,,,,,,,...>.,1 Iij 114 i Ic 0 A, Ai -e. ............ . .. T o 1 174 I )L IIARRISO,V DFIMPU Z SuRiEl ; 919ttlItMIASE.._ 5' WIDE CL D'S L 11 - U I -- — - — - r s F\ 4C 110- d a CASE NAME: NEXTEL ANTENNA CASE T, ASE NUM -Z =110 TOW- — a>MDATE- 5r RAvoc Na 7MM9 0111,13mv opo x, OATE- SHEET OF ;—OC_ 'A-" 15.45 LEASE AREA Il r` 1 .. — 0OWIM OF ODUDW M m L OPROPERTY WNER GEORGE L. JOHNSONL91I i 1d/!/. LEE AIR PROPERTIES 311 ROLLING HILLS DR EVLNE. TX. 711051 C, C,,NORTH ILU -` SUP 2 C3 FECT,;.] CASE Ng. i AqI-i,o m EXHIBIT "C" REGULAR CITY COUNCIL MEETING 1400 MAIN STREET SOUTHLAKE, TEXAS NOVEMBER 26, 2001 Motion was made to approve Resolution No. 01-068, SUP for Nextel, subject to the Revised Site Plan Review Summary No. 3, dated November 16, 2001, granting the two variances. Motion: Standerfer Second: Evans Ayes: Standerfer, Evans, Stephen, Shankland, DuPre, Potter, Stacy Nays: None Approved: 7-0 vote SITE PLAN REVIEW SUMMARY Case No.: ZA01-110 Revised Review No.: Three Date of Review: 11/16/01 Project Name: Site Plan — Nextel Antenna APPLICANT: JOM Inc., for Nextel of Texas Raul Ordonez 1613 Tantor Rd. Dallas, TX 75229 PHONE: (972) 556-1026 FAX: (972) 556-1027 OWNER: G. L. Johnson 3416 Rolling Hills Drive Grapevine, TX 76051 PHONE: (817) 488-1775 FAX: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/22/01 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086. 1. The following changes are needed with regards to screening: a. An eight foot solid fence, masonry wall, or wrought iron fence with dense evergreen hedge is required along the compound boundary. There is an existing 6' chain link fence to the north and east where it meets up with an existing 8' chain link fence that surrounds the compound. The applicant is proposing to construct a solid 8 foot tall wooden fence. b. Plant materials meeting the requirements of an "F-2" bufferyard are required along the north, south and east boundaries of the compound. The plantings are deficient as noted in the attached chart. The applicant agrees to comply with the landscape requirements. 2. All fences must have a Knox Box or other entry approved by the City's Fire Marshall. 3. The following change are needed regarding the proposed antenna and equipment building: a. Correct the size and height of the equipment building. The equipment building cannot exceed 10' in height nor be more than 180 square feet in total area. The applicant is proposing a pre fabricated equipment building with dimensions of 10'x 20' and a height of 10'6". (a variance has been requested) b. The site is residentially adjacent requiring that the equipment building be constructed of masonry materials as approved in the Ordinance No. 480, Section 43.13a. The applicant is proposing a concrete aggregate prefabricated building, similar to a "tilt -wall" construction. a variance has been requested) Case No. Attachment D ZA01-110 Page 1 INFORMATIONAL COMMENTS The applicant should be aware that no more than 3 equipment buildings associated with the telecommunications tower shall be permitted on a single lot. Approval of this request would place two equipment buildings on the site. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. (A one -lot plat showing has been submitted to and approved by the Planning Department) This review is based on the "I-1" Zoning District Regulations. SUMMARY CHART — REQUIRED PLANTINGS Location Length Bufferyard Canopy Accent Shrubs Fence / Screening Width - Type Trees Trees Height & Material North Required 54' 2 4 7 None Provided 54' 2 0 12 None South Required 54' 2 4 7 None Provided 54' 2 3 0 None East Required 82' 3 7 10 None Provided 82' 0 0 8 None West Required N/A — Provided N/A — Case No. Attachment D ZA01-110 Page 2