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HomeMy WebLinkAboutItem 05 - SU00-14 Voicestream WirelessC c, ITEM # r ;4 `1 ~ 2 '1 (10 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER, , C� H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: AUGUST 15, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION S000-14 .I I I I I Grapevine 5 f� APPLICANT: Lake i �ot'e \Rd --- I John Hubbard of VoiceStream Wireless r' I. H. 435 Northwest i • t PROPERTY LOCATION AND SIZE: aE v°gds'' co The subject property is located at 1065 East Sy Northwest Highway and is proposed to be platted as 1)FW ; HalWohnson iso Airport a Lot 1, Block A, J.A. Green Air Cargo Distribution t--- o i Center Addition. The site contains 22.171 acres. The L -1 Glade Rd. 1 — m —i property has approximately 737 feet of frontage o = along East Northwest Highway. 3 REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a Special Use Permit to allow the collocation of telecommunications equipment on an existing TXU Utility power transmission pole. The applicant is proposing to collocate telecommunications equipment within on an existing TXU Utilities power transmission pole within an existing utility easement on the western side of the JA Green Lot. The applicant is also proposing the addition of an nine -foot by twenty -five-foot concrete equipment pad to be enclosed by a masonry screening wall. All telecommunications equipment will be located within this screened enclosure. PRESENT ZONING AND USE: The property is currently zoned "LI" Light Industrial District and is being developed for freight forwarding uses. \ZCU\SU00-14.4 1 August 10, 2000 (9:53AM) M HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding area was zoned 1-1 " Light Industrial District prior to the 1984 Citywide Rezoning. Council approved conditional Use Permit CU97-70, allowing freight forwarding on the subject property. Several sites to the west across East Northwest Highway were zoned "SP" Specific Use Permit District and "C-2" Community Business District before the 1984 Citywide Rezoning. Z79-40 (Ordinance 79-64) granted a zone change from "C-2" Community Business District to "SP" Specific Use Permit District for a headquarters and vehicle maintenance facility for SMB Stage Line to the west of the subject site. Z76-15 (Ordinance 76-23) approved a zone change from "C-2" Community Business District to "SP" Specific Use District for development of VFW Post #10454 to the west of the subject site across East Northwest Highway. Immediately to the south of the site Z72-18 approved a zone change from 1-I " Light Industrial District to "SP" Specific Use Permit District for the development of a concrete batch plant. Z73-19 (Ordinance 73-41) approved a zone change from "C-2" Community Business District to "SP" Specific Use Permit District for alcohol beverage sales in conjunction with a small grocery store (Mac's Corner) at the northwest corner of East Northwest Highway and Dallas Road. Several conditional use permits have been approved for Mac's Corner (CU94-01 and CU95-26) which revised the original site plan and included the expansion of the store and of the gasoline sales area. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "PID" Planned Industrial Development District - vacant SOUTH: "Ll" Light Industrial District — Trans Trade, vacant EAST: "GU" Governmental Use District - DFW Airport, vacant WEST: "Ll" Light Industrial District — Mac's Comer, MDM Scaffolding Services, ITS International Turbine Services The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The proposed freight forwarding warehouse development is an appropriate use in this noise zone. \ZCU\S000-14-4 2 August 7, 2000 (7:22AM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as an Industrial land use. The proposed freight forwarding warehouse development is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates East Northwest Highway as a Type C Minor Arterial, with a minimum 80 foot right-of-way developed as 4 lanes with a center left -turn lane. TH/sk 1ZCUXSU00-14.4 3 August 7, 2000 (7:22AM) 1..-:i U' Q p� � x A s CITY OF GRAPEVINE SPECIAL USE APPLICATION PART 1, APPLICANT INFORMATION Form "A" Name q applicant /? t*— atm GJw..,e,�'- Street a dress of applicant / agent Z City �7rp�•aRplicant /agent: Telephone number of applicant / agent: Fax num r of applicant/ agent: Applicants interest in subject property. c-ux-1 PART 2. PROPERTY INFORMATION Street address of si,hiectorV prty Legal description of subject property (metes & bounds must be descriked n 8 112"x 11 " sheet) -wig--of subject property Acres Square footage Present zoning classification: Proposed use of the property: C elk Minimum /maximum d�is/tri size for special use request. J� l� Zoning ordinance provisio�requiring a special use: R PART 3. PROPE �1ggTTY O��W""_ NER INFORMATION Name of current property owner Street address of property owner. City / State /Zip Code of property owner. 4 Wow`` Telephone number of property owner. Fax number of property owner. ❑ Submit a letter describing the proposed special use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan, and special requirements or conditions imposed upon the particular special use by applicable district regulations (example: buffer yards, distance between users) ❑ In the same letter, describe whether the proposed special use will, or will not cause substantial harm to the value, use, or enjoyment of other property in the neighborhood. Also, describe how the proposed special use will add to the value, use or enjoyment of other property in the neighborhood. Application of site plan approval (Section 47, see attached Form 'B). The site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E. JUL p 3 ❑ All conditional use and special use applications are assumed to be complete when filed and will be plac d &rthd bg`ehda'tor`pi)bWc hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Cl Any changes to a site plan (no matter how minor or major) approved with a conditional use or special use permit can only be approved by city council through the public hearing process. ❑ 1 have read and understand all the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST SIGN ON THE SUBJECT PROPERTY PrintAp r ant's Na e: Ap Gc Ys Sia ature: The �Of� County Of Before Me on this day personally appeared (notary) (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given underm c(dseaLpfgife��, _ day of _, A.D. TERESA L. ANDERSON s o' F• • i Notary Public, State of Texas Ti q� -,�rFOFtti �• 44y Commission Expires 05-11-01 n �ForStateTexas Print Property Owners Name: Property Owner's Signature: The State Of County Of Before Me on this day y personally appeared (property owner) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day of A.D. Notary In And For State Of Texas May 10, 2000 City of Grapevine, TX 200 South Main Street Grapevine, Texas 76099 RE: SPECIFIC USE PERMIT -- Dear Sirs and Madams: V JUL Q 3 2000 PLANNING We appreciate your consideration for VoiceStream Wireless request for a Specific Use Permit (SUP) to co -locate a communications antenna on William Tate Avenue in Grapevine, TX. The antenna is proposed to be located on an existing TXU utility pole. The proposed site meets all required setbacks. No negative impact on the adjoining properties is expected to result from the approval of this request. General information concerning the project area area is as follows: • The size of the project area is 625 sq. ft. • The area is currently zoned commercial. • The proposed use for the project area is to construct a wireless antenna. Again, thank you for your attention and cooperation on this matter. If you have any questions, please feel free contact me 214-523-4148. Sincerely, bard emW ireless c: File (DA 1058A) N 8777 North Stemmons Freeway, Suite 200 Dallas,TX 75247 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE BY GRANTING SPECIAL USE PERMIT S000-14 TO ALLOW THE COLLOCATION OF TELECOMMUNICATION EQUIPMENT ON AN EXISTING TXU POWER TRANSMISSION POLE IN A DISTRICT ZONED "LI" IGHT INDUSTRIAL DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS SPECIAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a special use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinance of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested special use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property-, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested special use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities, and WHEREAS, all of the requirements of Section 49 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the granting of this special use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas does find that the special use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this special use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that the issuance of this special use permit for the ORD. NO. 2 particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a special use permit in accordance with Section 49 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code by granting Special Use Permit SU00-14 to allow the collocation of telecommunication equipment on an existing TXU power transmission pole (VoiceStream Wireless) in a district zoned "Ll" Light Industrial District under City of Grapevine Ordinance No. 82 -73 within the following described property: Lot 1, Block A, JA Green Air Cargo Distribution Center Addition (1065 East Northwest Highway), all in accordance with a site plan approved pursuant to Section 49 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including, but not limited to, the following: None. Section 2. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas to reflect the herein special use permit. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. ORD. NO. 3 Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on this the 15th day of August, 2000, ATTEST: ORD. NO. 4 IN NOTES: T. THE PROPERTY IS CURRENTLY ZONED 'LI' LIGHT INDUSTRIAL DISTRICT. 2. THE CURRENT LAND USE DESIGNATION AS CONTAINED IN THE COMPREHENSIVE MASTER PLAN IS INDUSTRIAL. 3. ALL CONSTRUCTION SHALL BE COORDINATED WITH THE PUBLIC WORKS DEPARTMENT. a, DURING THE PERIOD OF CONSTRUCTION ALL THE REQUIREMENTS OF THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE SHALL BE MET. 5. CITY STAFF HAS RECIEVED DIRECTION THAT ALL NEW ELECTRICAL AND MECHANICAL EQUIPMENT SHOULD BE PLACED UNDERGROUND. N S z., v ® z Z • W O C a Z C /AY Z O L.i A b Q a O cr_ N U w 9RK M ��- -� N N z o Q CL � Qa i o; x ENLARGED -SITE PLAN CAE: '- t0 "nAS000-14 VOICESTREAM 1065 EAST NORTHWEST HWY Lot 1, Block A, JA GREEN AIR CARGO DISTRIBUTION CENTER Sheet 1 of 1