The purpose of a specific use permit is to provide the council
the opportunity to deny or to conditionally approve those uses for
which specific use permits are required. These uses may have unusual
physical or operational characteristics or may be of a public or semi-public
character often essential or desirable for the general convenience
and welfare of the community. Because, however, of the nature of the
use, the importance of the uses’ relationship to public planning
policies, or possible adverse impact on neighboring property of the
use, heightened review, evaluation, and exercise of planning judgment
relative to the location and site plan of the proposed uses are required.
(1) Permit
required.
No land or building shall be used or occupied
by any use requiring a specific use permit, as specified in Table
4-A herein, unless a specific use permit has first been issued in
accordance with the provisions of this section.
(Ordinance 1133, § 1(4-900), 3-22-94)
(a) An
application for a specific use permit shall be filed with the city
planning department on a form prepared by the city. The application
shall be accompanied by the following:
(1) A completed application form signed by the property owner;
(2) An application fee as established by the city’s latest adopted
“schedule of fees”;
(3) A certificate stating that all city and school taxes have been paid
current-to-date;
(4) A property description of the area where the specific use permit
is proposed to apply;
(5) A site plan complying with the requirements stated herein which will
become a part of the specific use permit, if approved, and;
(6) Any other material and/or information as may be required by the planning
and zoning commission, the city council or the city manager to fulfill
the purpose of this subsection and to ensure that the application
is in compliance with the ordinances of the City of Euless.
(b) A site
plan shall contain, at a minimum, the following information:
(1) Boundary of the area covered by the site plan;
(2) A description of all processes and activities involved in the proposed
use;
(3) Existing and proposed buildings and structures, including their height,
roof line, gross floor area, location of entrances and exits, areas
for storage, and areas where work is performed;
(4) Existing drainage ways and significant natural features, such as
large trees, tree clusters, steep slopes, etc.;
(5) Proposed landscaping and screening buffers;
(6) Location and dimensions of all curb lines, public and private streets,
easements, parking and loading areas, pedestrian walkways, lighting
facilities, and outside trash storage facilities;
(7) The location, height, and type of wall, fence and/or other type of
screening; and
(8) The location, height and size of all proposed signs.
(c) The following additional information shall be provided prior to approval subject to the provisions of section
84-152.
(1) Any final environmental assessment and/or final environmental impact
statement that may be required pursuant to state or federal statutes;
(2) Copies of studies or analyses upon which have been based projections
for need or demand for the proposed facility;
(3) Copies of studies or analyses upon which alternatives have been considered
and evaluated;
(4) Description of the present use, assessed value and actual value of
the land affected by the proposed facility;
(5) Description of the proposed use, anticipated assessed value and supporting
documentation;
(6) A description of any long term plans or master plan for the future
use or development of the property;
(7) A description of the applicant’s ability to obtain needed easements
to serve the proposed use;
(8) A description of the type, feasibility and cost of any proposed mitigation
necessary to make the proposed use compatible with current and future
land use patterns;
(9) A description of any special construction requirements that may be
necessary for any construction or development on the subject property;
(10) If the proposed use will result in a significant increase in traffic,
a traffic impact analysis prepared by a certified professional engineer
qualified in the field of traffic engineering and forecasting;
(11) If the proposed use will result in the production of noise of 50
DBa at the property line from 10:00 p.m. through 7:00 a.m., or 55
DBa at the property line from 7:00 a.m. through 10:00 p.m., a map
showing projected noise at 55, 60, 65, 70 and 75 ldn noise contours,
data showing projected distribution of single event noise events for
each half hour throughout the day, including expectant decibel levels
and duration of noise events, and projected cumulative noise totals
from all facility-related noise.
(Ordinance 1133, § 1(4-901), 3-22-94)
Upon petition by the applicant showing that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the city council, upon recommendation by the planning and zoning commission, may waive any part, or all, of the application requirements imposed by section
84-151.
The city council may grant such a waiver only upon finding that
the information submitted is sufficient to determine that the proposed
building, use, structure, development or activity will have an insubstantial
impact on the surrounding area and that providing the information
required by the submittal requirements is unreasonably burdensome
on the applicant.
(Ordinance 1133, § 1(4-902), 3-22-94)
A specific use permit shall not be recommended for approval
by the planning and zoning commission unless the commission finds
that all of the following conditions have been found to exist:
(1) The
proposed use complies with all the requirements of the zoning district
in which the specific use permit is located;
(2) The
proposed use as located and configured will contribute to or promote
the general welfare and convenience of the city;
(3) The
benefits that the city gains from the proposed use outweigh the loss
of or damage to any homes, businesses, natural resources, agricultural
lands, historical or cultural landmarks or sites, wildlife habitats,
parks, or natural, scenic, or historical features of significance,
and outweigh the personal and economic cost of any disruption to the
lives, business and property of individuals affected by the proposed
use;
(4) Adequate
utilities, road access, drainage and other necessary supporting facilities
have been or shall be provided;
(5) The
design, location and arrangement of all public and private streets,
driveways, parking spaces, entrances and exits shall provide for a
safe and convenient movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent developments;
(6) The
issuance of the specific use permit does not impede the normal and
orderly development and improvement of neighboring vacant property;
(7) The
location, nature and height of buildings, structures, walls and fences
are not out of scale with the neighborhood;
(8) The
proposed use will be compatible with and not injurious to the use
and enjoyment of neighboring property, nor significantly diminish
or impair property values within the vicinity;
(9) Adequate
nuisance prevention measures have been or shall be taken to prevent
or control offensive odors, fumes, dust, noise, vibration and visual
blight;
(10) Sufficient
on-site lighting is provided for adequate safety of patrons, employees
and property and that such lighting is adequately shielded or directed
so as not to disturb or adversely affect neighboring properties;
(11) There
is sufficient landscaping and screening to ensure harmony and compatibility
with adjacent properties;
(12) The
proposed operation is consistent with the applicant’s submitted
plans, master plans, projections, or where inconsistencies exist,
the benefits to the community outweigh the costs;
(13) The
proposed use is in accordance with the city’s comprehensive
plan.
(Ordinance 1133, § 1(4-903), 3-22-94)
In authorizing a specific use permit, the planning and zoning
commission may recommend, and the city council may impose, additional
reasonable conditions necessary to protect the public interest and
the welfare of the community, including by way of example and without
limitation thereto conditions that the specific use permit extend
only to the applicant or for a specified term.
(Ordinance 1133, § 1(4-904), 3-22-94; Ordinance 1232, § 3, 4-8-97)
Upon petition of the applicant, the city council may officially
recognize that the applicant is immune from the requirements of complying
with the city’s zoning ordinance for a proposed building, structure,
use, development or activity, (a) if required by state or federal
statutes, or (b) in the absence of such statutes, upon consideration
and balancing of all relative factors, including:
(1) The
impact of zoning compliance upon a proposed building, structure, use,
development or activity;
(2) The
impact of a proposed building, structure, use, development or activity
on the city;
(3) Whether
the site selected is the most prudent and feasible location for the
proposed building, structure, use, development or activity;
(4) The
need of the applicant and the region for the proposed use, development
or activity.
(Ordinance 1133, § 1(4-905), 3-22-94)
A specific use permit issued under this section shall be valid
for a period of two years from the date of issuance and shall become
null and void unless construction or use is substantially under way
during the two-year period, or unless an extension of time is approved
by the city council.
(Ordinance 1133, § 1(4-906), 3-22-94)
A specific use permit may be revoked or modified, after notice
and hearing for either of the following reasons:
(1) The
permit was obtained or extended by fraud or deception;
(2) One
or more of the conditions imposed by the permit has not been met or
has been violated.
(Ordinance 1133, § 1(4-907), 3-22-94)
The procedure for amending a specific use permit shall be the
same as for a new application, provided, the administrator may approve
minor variations from the original permit which do not increase density,
change traffic patterns, or result in an increase in external impacts
on adjacent properties or neighborhoods.
(Ordinance 1133, § 1(4-908), 3-22-94)