An ordinance amending the zoning ordinances of the City of Dallas by permitting the following

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ORDINANCE No. 2757 7 An ordinance amending the zoning ordinances of the City of Dallas by permitting the following property, which is presently zoned as an IR Industrial Research District: BEING all of Lot 7 in City Block A16489 on the east line of Wire Way, north of Lombardy Lane, and containing approximately 1.22 acres, to be used under Specific Use Permit No. 1758 for a recycling collection center for the collection of household metals, industrial metals, and recyclable materials; 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: Z089-143113795(RB) (SUP No. 1758)- Page 1

SECTION 1. That the zoning ordinances of the City of Dallas are amended to allow the following property ("the Property"), which is presently zoned an IR Industrial Research District, to be used under Specific Use Permit No. 1758 for a recycling collection center for the collection of household metals, industrial metals, and recyclable materials: BEING all of Lot 7 in City Block A/6489 on the east line of Wire Way, north of Lombardy Lane, and containing approximately 1.22 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 recycling collection center for the collection of household metals, industrial metals, and recyclable materials. No other materials may be collected or recycled. 2. SITE PLAN: Use and development of the Property must comply with the attached site plan. 3. TIME LIMIT: This specific use permit automatically terminates on June 24, 2011. 4. LANDSCAPING: Landscaping must be provided and maintained in accordance with Article X of the Dallas Development Code, as amended. 5. FENCING: An eight-foot-high solid fence must be provided along the perimeter of the Property as shown on the attached site plan. 6. GATE: The driveway gate shown on the site plan must remain open during the recycling collection center hours of operation. 7. HOURS OF OPERATION: The recycling collection center may only operate between 8:00 a.m. and 7:00 p.m., Monday through Sunday. 8. INGRESS-EGRESS: Ingress and egress must be provided in the location shown on the attached site plan. No other ingress or egress is permitted. 9. LICENSE: The operator of the recycling collection center must comply with the secondary metals recycler regulations in Dallas City Code Chapter 40B, as amended, including the licensing requirements. 10. PARKING: A minimum of 13 off-street parking spaces are required. Off-street parking must be provided in the locations shown on the attached site plan. Z089-143113795(RB) (SUP No. 1758)- Page 2

1 1. MAINTENANCE: The Property must be properly maintained in a state of good repair and neat appearance. 12. 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 director of public works and transportation. 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 the director of development services shall correct Zoning District Map No. F-4 in the offices of the city secretary, the building official, and the department of development services to reflect the changes in zoning made by this ordinance. SECTION 6. That a person who violates a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 7. 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 8. 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. Z089-143113795(RB) (SUP No. 1758)- Page 3

SECTION 9. 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 FORM: THOMAS P. PERKINS, JR., City Attorney Passed JUN 2 4 2009 Z089-143113795(RB) (SUP No. 1758)- Page 4

Site Plan! North Specific Use Permit No. 1758 Approved City Plan Commission April 16, 2009