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HomeMy WebLinkAboutORD 2004-062 u�,,� ORDINANCE NO. 2004-62 `�� 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 SU04-02 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-23 FOR CELLULAR COMMUNICATION USES FOR A 20-FOOT EXTENSION ON AN 80-FOOT LIGHT STANDARD FOR THE COLLOCATION OF AN ADDITIONAL CELLULAR ANTENNA ARRAY IN A DISTRICT ZONED "GU" GOVERNMENTAL USE DISTRICT 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 CONDITIONAL 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 conditional 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 conditional 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 conditional 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 48 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 and 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 conditional 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 conditional 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 conditional 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 conditional use permit for the particular piece of property is needed, is called for, an is in the best interest of the public ;�.,� ORD. NO. 2004-62 2 r 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 No. SU04-02 to amend the site plan approved by Ordinance No. 2001-23 to allow an extension of 20-feet to the existing 80-foot light standard for the collocation of an additional cellular antenna array in a district zoned "GU" Governmental Use District within the following described property: Lot 1, Block 1, Grapevine High School, Phase II (2301 Pool Road) all in accordance with a site plan approved pursuant to Section 47 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 conditional 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 safely 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 which are in direct conflict with the provisions of this ordinance. ORD. NO. 2004-62 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of September, 2004. APPROVED: �� � � • ,�� Ted R. Ware Mayor Pro Tem ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: , . , �_A _ . . �. John F. Boyle, Jr. City Attorney ORD. NO. 2oo4-s2 4 ABBREVIATIONS � WHERE APPLICABLE ._ : i.� � � � ADJ ADJUSTABLE MIN MINI�-1UM O � APPROX. APPROXIMATE MTL METAL � /�`e4!� (� C�i, L�{�� �� WQ o N GAB GABINET NIG NOT IN GONTRAGT . G1.6 GEI�ING NTS NOT TO SGALE f �^ � GONG. GONGRETE � M OG ON GENTER �W W GONT GONTIFUq15 ppp ppppS�TE Per. � >? F ,........... LL1 i- GJ CANSTRUGTION JOINT 5� 5(�JARE FOOT � �— ��C7 DIA DIAMETER 5HT SHEET i.�j Z DW6 DRAb'1�N6 51M SIMILAR �'� — � � E66 EG7UIPMENT 6ROUND BAR 55 STAINLE55 STEEL Al1G 0 5 2004 EA EAGH STL STEEL ELEG ELEGTRIGAL TOG TOP OF GpNGRETE EL ELEVATION TOM TOP OF MASONRY CASC�D E # DA23XC724 EQ EQUAL TYP TYPIGAL Pe r.........,�r r E��P E�,�NT ��F VERIFYINFIELO GRAPEVINE HS/CROSS TIMBERS MS EXT EXTERIOR UpN UNLE55 OTHERWISE NOTED FF FINISHED FLOOR Wt^!F WELDED WIRE FABRIG ��,� Q��� 6A 6A4K�E f� GENTERLINE E XNt�81 T_.�... 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SYMBOLS AND MATERIALS � � � � ' -� � `� �`�'�"'�.�"'°'S'�5' � � �� �� � � �� W-T COMMUNICATION WHERE APPLICABLE ' � �` r� , �� ��RTY OY�IER:6RAPEV�I�/GOLLEYVILLE 1.5.D. �I�N GROUP LLC � h h . �, �,#�,,., .,a.« r IRA E.WOODS AVE. w�r 9 FREE .9UlE 12 36051 D/�LLAS,T[XA5 7523/ �` 6RAPEVINE.TEXAS 16051 �-�x,> �.�E L � � � , '��. '. ,'�r` �.� �`' � �-� - PFIONE, b1�-251-5560 w�.(9n)�w-a�m �-,. �.�� � `�'��� `� y„ rq �:.��� •': . ���' �&�� �'�� a Y �, � �o�<a�z1 ns-o�cx � ����` �� ,AIRISDIGTION: GITf OF 6RAPEVINE g NEW ANTENNA 0 6RQUT OR PLASTER ` �� �``JZ'� ° g ' g EXISTIN6 0 BRIGK ,.!� � � { . . ANTENNA `� ZONIN6 ���������� . +�,,.... - �P,�E O F T���'i, \\\ �� ��� GLA551FIGATION: 6.U. ASPFIALT � MASONRY � .� '� „;� APf�I_IGANT: 5PRINT �y . . S / � � C.OPIGRETE ���`� �` ���s y`�,�'�.��" 5030 RINERSIDE DR. �' �� •'� . 9 ° � ELEGTRIG BOX ' `� �� ,� . � � SUITE 900 �• •' '• • EARTH � ..;'�� ���� �� �.'�� ��. "`� x IRVIN6.TEXAS'15039 �* :' '. *�� . ¢ LI6HT POLE ���� � �'���°< , °'� � � TTE HYDER �........... ....... .� „_ � . IP .. , , ovo°ovo°o°oo0 6RAVEL � . GONTAGT PER� • PAULE O FN�.M10MJMENT '� -�- " .. 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' UTILITIES SPRINT R.F. � • : �.. "' — o GRAPEVINE HS x � � GONTRAGTOR SFW_L REFER TO�ftINT PGS DETAILED �r;, � �` i :` . ' FROM SPINT OFFIGE: GATGH HWY 114(JOHN Z�'� Q CROSS TIMBERS MS �UFIGATIONS FOR GELL SITES FOR ANY ITEMS OR WORK �• ,�h� _ � � " GpN5TR11GTION _ NOT LISTED OR DETAILED HEREOPI.STANOARD :�-� GARPENTER FRWY).60 NEST PA55 THE DFW AIRPOR z SPEGF�GATIONS SHALL SUPERSEDE WHERE GONFLIGTS OGGUR. �. � # EXIT.YOU WILL THEN GOME ENTER 6RAPEVINE AND ��R�, � 2301 POOL RD. ,� % �, , PROGEEED 114(AL50 HWY 12iJ.YOU MULI REMAIN ON � GRAPEVINE,TEXAS 76051 : �� ,., 114 PASSIN6 EXIT FOR 121,YOU WI�L PA55 EXIT FOR µE7Y�p� ° TARRANT COUNTY - ' { � �� MAIN 5T.(AKA IRA E WO'OD5 AVFJ.60 LEFT PN HWY � ` a ~ � 's .�' �� �b FOR ABOUT 2 MILES AND THEN 60 LEFT AT THE qP(�ROVALS 3 TRAFFIG LI6HT ON POOL RD.GRD`.fi TIMBERS � � r� i: F�"' �� ` :r �ro , �'' �' SHEET T1TLE $ : ` , , "' t . MIDDLE SGF�OOL WILL BE ON YOUR�EFT WITHIN THE m J , GONTRAGTOR$HALL VERIFY ALL PLAN�.a AND EXISTING �` � : � `, �` fi; �` ' FIRST BLOGK.TAlGE A LEFT INTO THE SGFIOOL < TITLE SHEET � . DIMEN510N� ANp GONpITION� ON THE J08 51TE.AND �� . ,� � `' tsw�m� t E6ROU�DS•TR�SITE 15 ADJAGENT TO NORTH/WEST g SHALL IMMEDIATELY NOTIFY THE EN6INEER IN MSLITIN6 OF ` �r '� N ANY DISGREPANGIES BEFORE PROGEEDIN6 WTH THE .�.? y,� .-, , � ,' >✓ ++�" �` "� Gfiilda:', � WORK OR BE RESPON5IBLE FOR SAME. ;: '� .", . . :'+` _ <�'_ .,,�, � SHEET NUMBER s __ _� SITE MAP DRIVING DIRECTIONS � - �-� ���_. _ �i�► �_. V - - - / . �� NOTE: � � M � , EXISTING MONOPOLE TO BE BASEBALL FIELD I � EXTENDED 20'AND � �� � � � RELOGATE SPRINT ANTENNAS _— I � N M Q AT TOP OF MONOPOLE j � x W F- �,W,, NOTE: � � �C� EXISTIN6 SPRINT EGiUIPMENT i�� � � �� o > NOT TO BE GHANGE� EXISTING GHAIN LINK FENGE NEW LOGATION FOR SPRINT ��' oo�-�� ��'er � � � .�. — — ANTENNAS(IOO'AG�) EXH181T.1�..— TO - pa9e ,,,�_ pf ��� EXISTING TRAGK .. •. FIELD . � . - . . . . . _ � . � I NEW 20'EXTENSION / �EXISTIN6 AGGE55 J I � ��3�� ����� EXISTING SPRINT ANTENNAS AT A ��ro, ���Y 80'AGL.TO BE RELOGATED TO � n I 100'AC-�t. II II �i��+� . 4�� i� Vp � I . II II % � x � � � � � I � I \ W-T COMMUNICATION EX15YIN6 6ATE c� °��• � % I DESIGN GROUP LLC � ENTRANGE I ���� I 700�L8J FNEEr+AY,SutE 129 \ / �NEW SPRINT oK��s'hx�5 75Z'K EXISTIN6 LI6HT5 O I - CQ bY I /WTENNAS AT IOCl'I p��(9n)��9-0�61 �� TO REMAIN AT � "� ��� RAD GENTER ro�(972J 7J9-0762 THE SAME HEI6HT g _ I � � � . � EXISTIN6�.�t'RINT EXISTIN6 GAB�E < EQUIPMENT 7RqY ����������t � EXISTIN6$PRINT ��,�E O F jF�l� � UTIIITYRAGK I I ( ��P •• . �I',p���, I � � sf :• •. *�i � �• : �•. •� s — - � ;............... .......... ... .; � ' � � . o � ; . �P ; � — -- ,... :. . . . : ..; � , . .. .-r i iiI Z • �� : � I _� � � � I ��� EN �0 NG� . N I `.� � ��.I I �1 �'S� NALE . V � �� \\����`� � � I = = o I I OATE:08/03/04EXPIRES:03/Jt/OS 0 9 EXISTIN6 SPRINT � � I PROJECT NO: T04213 UTILITI'RAGK �s—x—a—:—:—z—x—z-�x—R—c----• EXISTIN6 SPRINT � } I EQUIPMENT � I J DRAWN BY: AG EXISTIN6 GHAIN X � � LINK FENGE � I o CHECKED BY: KWM ( EXISTIN6 BLEAGHERS � I � CASCADE#DA23XC724 I � GRAPEVINE HS I I � CROSS TIMBERS MS . 1 I I � 2301 POOL RD. � GRAPEVINE,TEXAS 76051 I I °v TARRANT COUNTY � � 3 " m SHEET T1TLE ;� � g COND TAILS�ON ELEVATION PLAN SITE PLAN " V 1-- : — SGALE:I/I b'_� '-a" � SGALE: I" = I O'-O" � NORTH � SHEET NUMBER ' '`,r.�`� � a O