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HomeMy WebLinkAboutItem 06 - SU01-06 NextelTO: FROM: MEETING DATE: SUBJECT: r ---I I 1 —' F_ ----------- Grapevine I D Lake I Rq I I � —�� A—th-0 �a GG ITEM it G . :29- - HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELf MENT SERVICES SEPTEMBER 18, 2001 DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION SU01-06 rI I I I I I t.H. —1 I j S DFW : i Y s Hall -Johnson �6 Airport p a L, I T----1 o L —I m I m Glade Rd. `m I c APPLICANT: Mike Cunningham of Nextel of Texas, Inc. PROPERTY LOCATION AND SIZE: The subject property is located at 1800 State Highway 26 East and is platted as Lot 1, DFW Hilton Addition. The addition contains 21.86 acres and has approximately 2,411 feet of frontage along State Highway 26 East. REQUESTED SPECIAL USE AND COMMENTS: The applicant is requesting a special use permit to allow for the attachment of a cellular antenna array on the south wing penthouse area of the DFW Hilton and the construction of a 10' by 20' equipment shelter on the rooftop. The cellular antenna array will be sled -mounted on the rooftop and project above the roofline. The 10' by 20' by 10.5' equipment shelter will be made a part of the existing hotel structure and will contain all associated present and future equipment needs. PRESENT ZONING AND USE: The property is currently zoned "HCO" Hotel Corporate Office District and is developed as the D/FW Hilton. \ZCU\SU01-06.4 1 September 13, 2001 (3:09PM) 11 HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were rezoned in the 1984 City Rezoning from "I-1 ", Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial Development. The property to the north was rezoned (Z95-13) to "CC", Community Commercial on October 17, 1995. The property to the north was granted a Conditional Use Permit CU95-36 for development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and conditional use pole signs. Subsequent conditional use requests have been approved for the property to the north and it is developed as Grapevine Mills Mall. The property to the south and east were rezoned from "PID" Planned Industrial Development District to "CC" Community Commercial District through Zone Change Request Z99-13. This property remains undeveloped. The property to the east was developed as Phase II of the Grapevine Mills Mall through Conditional Use Request CU97-61. This property is developed as Bass Pro Shops and the Embassy Suites Hotel. Development adjacent to this property has resulted in the n construction of a Whataburger Restaurant and a Fuddrucker's Restaurant. Special Use Request S000-15 (Ord. 00-107) was approved a the October 17, 2000 meeting and allowed for a sled -mounted cellular array and associated equipment to be mounted on the north wing penthouse area at the DFW Hilton for Voicestream Wireless. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC," Community Commercial District - Grapevine Mills Mall SOUTH: "CC," Community Commercial District -Undeveloped EAST: "CC," Community Commercial District- Bass Pro Shops, Whataburger, and Fuddrucker's WEST: "CC," Community Commercial District - Undeveloped 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 applicant's proposal is an appropriate use in this \ZCU\SU01-06.4 2 September 11, 2001 (7:37AM) noise zone. The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. /rs \ZWSM-06.4 3 September 11, 2001 (7:37AM) SKO, __rte VINE T E X A S CI F GRAPEVINE V, SPECIAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant /agent N6XT7eL p Street address of applicant /agent: �.Ocj C.T City / State / Zip code or applicant / agent. J—Xee�phone number of applicant / agent rl — 1) —S['� Fax number ofapplicant/ agentent C) ' ®1 Applicants interest in subject property:: L PART 2. PROPERTY INFORMATION Street address of subject property l 60 - Legal description of suDitot property (metes & bounds must be described on 6 112'x J " sheet) � b!r"A.L( Size or suoJect propeny ��%.,AL (AIu use Minimum ruaximum diz .rict size Acres 2.l.1-Z— Zoning ordinance provision requiring a specrai use: Sec rt,-7eve c tca PART 3. PROPERTY OWNER INFORMATION Name of current property owner t t-'lbrJ l t Street address of property owner. 4 t -63(P n\c(C' �NVQ 'be City/ State /Zip Code of property owner. _ 0 Telephone number of1property own r. Fax number of property owner. �1-7-I—Sqx-T kill 8c q1D.—ag — ❑ 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. 2 All conditional use and special use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a tater 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. 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. I 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 1 PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST SIGN ON THE SUBJECT PROPERTY ,Q,w'N The State Of County Of r C' k� Before Me M q y -t on this day personally appeared l ``�kle G- K k VL KC -C V'n (notary) (applica t) 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 P0VwjvX$Ruted the same for the purposes and consideration therein expressed. (Seal) Given u\� h;anF�f office this ` day of `1 �• k . A.D. z l y a � �• _ � /'fit r 9JE OF Notary In And For State Of Texas y% •'•.EXPIRES.• • ;. Print Property O ... - Property Owner's Signature: IL 9; t4,-, 7DP w ,-k,- s The State Of —TE X A-5 County Of Before Me on on this day personally appeared �`b� (�'" `f 4 �•�' t (notary) (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�°WW8N1F'Ar �iseal of office this L day of k 1 �- A.D. 2' ��...P. M'''��•, :.Z N9rF nc t�}� �� O •rkPtRE7 ' • 0 c Texas Nextel Communications 1680 Prospect Drive, Richardson, TX 75081 4ME' IMM August 6, 2001 City Of Grapevine Development Services Planning Division 200 S. Main St. Grapevine, TX 76051 Dear Planning Division of the City of Grapevine: Nextel of Texas, Inc. is requesting approval for locating our telecommunication equipment on the existing Hilton DFW Lakes structure, 1800 Highway 26, Grapevine, TX. By way of background, Nextel is a nationwide wireless communication carrier licensed by the FCC to provide mobile telephone, two-way radio, paging and data services for the public and private sectors of the community, including all emergency service agencies. As a telecommunication company we have obligations to our clientele to provide uninterrupted coverage and in along those same lines provide 911 emergency service. Nextel of Texas, Inc. does not use equipment cabinets as some of the other carriers do. Due to our technology requirements an (10' x 20' and 10'6" in height) equipment shelter is required for our business operations. Due to future technology requirements and internal equipment standards this equipment shelter size is required for our business operations. The equipment shelter is going to be located on top of the South Wing of the Hilton DFW Lakes structure. For all intensive purposes our un -manned equipment shelter will become part of the existing Hilton Structure. This equipment shelter is to be located near the existing wall as to minimize its presence while looking up from ground level. The antenna array is to be installed on the South Wing penthouse area, similar to the existing VoiceStream's antenna array on the North Wing penthouse location. Nextel of Texas, Inc. believes that this use will be of value to the community, as we will be able to provide uninterrupted coverage and in along those same lines provide 911 emergency service to our clientele. By using this existing structure a new monopole or height variance will not be needed, as the current structure will suffice for Nextel of Texas, Inc. needs. Sincerely, /. ,, &' ( � f , , '�' Mike Cunningham 02 Wireless Nextel of Texas, Inc. 19 ORDINANCE NO. 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 SU01-06 TO ALLOW FOR THE COLLOCATION OF A CELLULAR ANTENNA ARRAY AND EQUIPMENT SHELTER ON TOP OF THE SOUTH TOWER OF THE DFW HILTON IN A DISTRICT ZONED "HCO" HOTEL/CORPORATE OFFICE 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 ORD. NO. 2 classified; and, therefore, feels that the issuance of this special use permit for the 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 SU01-06 to allow for the collocation of a cellular antenna array on the south tower of the DFW Hilton and the construction of a 10' by 20' equipment shelter on the rooftop (Nextel) in a district zoned "HCO" Hotel/Corporate Office District under City of Grapevine Ordinance No. 82 -73 within the following described property: Lot 1, DFW Hilton Addition (1800 State Highway 26), 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. ORD. NO. 3 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. 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 18th day of September, 2001. ATTEST: ORD. NO. 4 0 APPROVED AS TO FORM: m ANDERSON GIBSON ROAD A 1h;'T --,20' WIDE ACCESS EASEMENT LEASE .AREA 270- -'\ 25'x23.66' 19 SITE jf HILTON HOTEL LIMITED PARTNERSHIP VOL IJ162, PG 496 VICINITY MAP WO -T -id-SCALE CASE NAME: CASE NUMBER: LOCATION: maHwY 7 MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION DATE: SHEET:.. . OF APPROVAL DOES NOT AUTHORIZE ANY WORK I IN CONFLICT WITH ANY CODES OR I ORDINANCES. DEPARTMENT OF DMOPMEW SEPMES i I D. R. T, C. r. SITE PLAN SCALE- I"= 30' 60 90 30, PROPOSED PROPOSED ANTENNASANTENNAS aN TrN.A (BEYOND) CPS ANTENNA (4 �SOUTH ELEVATION I — i SCALE: I/8"=1'-0" zl PROPOSE D NExTEL--nl -., ANTENNA TYP.(4) EXISTNG 9 STORY Uj BLDG WEST TOWER PIPES FOR ANTENNA---- MOUNTING, (HEIGHT 9 PRE PLAN) BALLAST WEIGHT V.I.F.- -_ AMOUNT NEEDED SU01-06 S e ial Use pf rm.ftto allow for the attachment -N! I NON PENETRATING 14' ROOF RALKC- f a dellular'api'nt nna arra) on the south wing penthouse ANTENNA FRAME MTS XO L I T 0 ENTRANCE )DOE 6671 area of the D Hilton ar d the construction of a 10' by 20' e4yir, rfient shel er on 't I he ooftop. A QLQQ- E �3 Luag V�r -1--r-0. NEXTE iLEAA 0� A A 4-- Q p 'o is 6� g) �1ANTENNA S�„f;�D ON ROOF .0. it �Cp /' - -'Q "P �\ J 0 DETAIL SITE PLAN SCALE: 1-- 5' OD Sc ijle 1" 5' -OTC; SCKL P" l �j C,v, x z z 0 0 Z zin 40 aar re4co ,It Z Q-0 v, Um!Z 00 Z 0 co 0 r1 CD hW 10 ilk>: W DETAIL SITE PLAN SCALE: 1-- 5' OD Sc ijle 1" 5'