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HomeMy WebLinkAboutOrdinance No. 18-022 creating PD 42 - cellular telephone antennae on NW Pkwy water towerORDINANCE NO. 18-022 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY CREATING PLANNED DEVELOPMENT DISTRICT NO. 42, TO ALLOW AN ELEVATED WATER STORAGE FACILITY, WIRELESS COMMUNICATIONS ANTENNAE, GROUND MOUNTED EQUIPMENT AND RELATED APPURTENANCES ON PROPERTY DESCRIBED AS LOT 21R, BLOCK 68, UNIVERSITY HEIGHTS NO. 7, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS 3531 E. NORTHWEST HIGHWAY; APPROVING A DETAILED SITE PLAN ATTACHED HERETO AS EXHIBIT "A"; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City ofUniversity Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. The Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, are hereby amended by creating Planned Development District No. 42 ("PD-42") on the property described as Lot 21R, Block 68 , University Heights No. 7, an Addition to the City of University Park, Dallas County, Texas, and commonly known as 3531 E. Northwest Highway, University Park, Texas, by adopting a detailed site plan ("site plan") authorizing primary and accessory land uses for PD-42. The site plan is attached hereto in multiple sheets as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. That the site plan contains the data required by Section 17-101(2) of the Comprehensive Zoning Ordinance, and is hereby approved in all respects. SECTION 2. Approval of the site plan for Planned Development District No. 42 is subject to the following special conditions: A. Development of the property shall be in accordance with the site plan approved hereby as provided in the Comprehensive Zoning Ordinance of the City of University Park. Unless otherwise defined herein, all terms used herein shall have the respective definitions assigned to them in the Comprehensive Zoning Ordinance; B. The uses on the property shall be those allowed herein and shown on the site plan for PD-42 as adopted hereby; C. Site Plan: The components, configuration, development standards and special conditions required for the improvements in PD-42 are summarized as follows: 1. Permitted Uses. The uses/activities to be accommodated in the PD are shown on the site plan and summarized as follows: (a) Municipal elevated water storage facility ofthe City of University Park; and (b) Wireless communication antennae, stealth screening to conceal antennae, ground mounted equipment and related appurtenances. 2. Height: The existing water tower is a maximum height of 175'; wireless communications antennae and stealth screening will be mounted on the side of the water storage column below the bowl, at an elevation of approximately 89'; mounting shall be as required and approved by the Public Works Department of the City of University Park. 3. Setbacks (existing): (a) Front yard: 51 '; (b) Side yards: 6'; (c) Rear yard: 12.5 '. 4. Miscellaneous Special Conditions: (a) Signage: All new signs on the site must comply with the City of University Park sign regulations in effect at the time of the sign permit application; (b) Utilities and Easements: Electrical power shall be provided and regulated through ground mounted equipment at the base of the tower within a space of 8' x 14' (112 square feet); additional conditions may be imposed on provider in accordance with City Codes and lease agreements. Details of size and location of all private utilities to serve the proposed development will be reviewed in accordance with city policies and approved by the Public Works Department before the issue of a building permit; (c) Fence: The site will be fenced as shown on the site plan; and (d) Construction traffic will access the site by Northwest Parkway only. SECTION 3. All ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or any part or provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the Comprehensive Zoning Ordinance. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such a violation is continued shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council ofthe City of University Park, Texas, on the 51h day of June 2018. APPROVED~ ~. OLIN LANE, JR., MAYOR ~ ATTEST: CHRISTINE GREEN, CITY SECRETARY EXHIBIT A ORDINANCE NO. 18-022 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY CREATING PLANNED DEVELOPMENT DISTRICT NO. 42, TO ALLOW AN ELEVATED WATER STORAGE FACILITY, WIRELESS COMMUNICATIONS ANTENNAE, GROUND MOUNTED EQUIPMENT AND RELATED APPURTENANCES ON PROPERTY DESCRIBED AS LOT 21R, BLOCK 68, UNIVERSITY HEIGHTS NO. 7, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS 3531 E. NORTHWEST HIGHWAY; APPROVING A DETAILED SITE PLAN ATTACHED HERETO AS EXHIBIT "A"; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Duly passed by the City Council of the City of University Park, Texas, on the 5th _day of June 2018. APPROVED: // at:.·~.~ ATTEST: CHRISTINE GREEN, CITY SECRETARY