HomeMy WebLinkAboutItem 06 - SU12-04 Metro PCS0,0,- STEM # 4 01, a8
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW CITY MANAGER �K
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: DECEMBER 18, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL
USE APPLICATION SU12 -04 METRO PCS
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APPLICANT: Kira Bauman /Metro PCS
PROPERTY LOCATION AND SIZE:
The subject property is located at 655 Park Boulevard
and is platted as The Woodlake Apartments. The
addition contains 12.7089 acres and has approximately
282 feet of frontage along Park Boulevard Drive.
REQUESTED SPECIAL USE AND COMMENTS:
The applicant is requesting a special use permit to amend the previously approved site
plan of SU06 -08 (Ord. 2006 -90) to allow for cellular antennas and an equipment cabinet in
conjunction with an existing Oncor transmission tower, specifically to expand the lease
area and allow the addition of a microwave dish.
With this request the applicant intends to expand an existing lease area (from 88- square
feet to 133 - square feet), and add equipment to the ground and on the existing electrical
transmission tower. The subject property, is zoned "R -MF -2" Multifamily District, and is
home to the Woodlake Apartments. A 95 foot Oncor electric transmission tower is located
approximately 390 feet west of Park Boulevard within the parking lot of the apartments.
The applicant intends to add a microwave dish to an existing antenna array for Metro PCS
at the 91 foot point on the tower. The expanded equipment/lease area is north of the.
existing ground equipment and tower. The original special use request was approved with
the condition that the applicant work with staff to provide a screening fence that met the
requirements of security, maintainability and aesthetics. The result of that condition is the
OAS U12 -04.4
existing seven foot wrought iron fence. Available parking is not decreasing as a result of
the proposed expansion.
PRESENT ZONING AND USE:
The property is currently zoned "R -MF -2" Multifamily District and developed as an
apartment complex.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property has been zoned "R -MF -2" Multifamily District since 1984. Prior to that
designation, the Woodlake Apartments were zoned Specific Use for apartments since 1972.
The property to the north has been zoned "R -7.5" Single Family District since 1984 and has
been developed as the Winding Creek Estates. The property to the east was rezoned from
"R -TH" Townhouse District to "R -5.0" Zero -Lot -Line District in 1987 and is developed as the
Park Central Garden Homes. The property to the west was rezoned in the 1984 City
Rezoning from "R -2" Two Family to "R -3.5" Two - Family District. The property was rezoned in
1989 to "R -7.5" Single - Family District and has been developed as the Austin Oaks Addition.
A special use request (SU06 -08) was approved at the December 19, 2006 meeting to allow
for collocation of cellular antennas and an equipment cabinet in conjunction with an
existing Oncor transmission tower on the subject site.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH
SOUTH:
EAST:
WEST:
AIRPORT IMPACT:
"R -7.5" Single - Family District — single family residential, Winding
Creek Estates
"R -3.5" Two - Family District — Grapevine Church of Christ,
Grapevine Church of Christ Addition
"R -5.0" Zero- Lot -Line District - single family residential, Park
Central Garden Homes Addition
"R -7.5" Single - Family District — single family residential, Austin
Oaks Addition
The subject tract is not located within any of the noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Environs" map.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Residential, High Density land use.
The applicant's request is in compliance with the Master Plan.
OASU12 -04.4
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Park Boulevard as a Type A Major Arterial thoroughfare
with a minimum 100' right -of -way developed as six lanes with a median.
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0:1SU 12 -04.4
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Applicant Name: I Kira Bauman, agent for MetroPCS
Applicant Address. 2300 Springmere Drive
City /State /Zip Arlington, TX 76012
Phone No. 817- 792 -3344 Fax No.
Email Address Mobile Phone 817-821 -5545
Applicant's interest in subject property I Represent MetroPCS on equipment site modernization request
PART 2. PROPERTY INFORMATION
Street Address of subject property 655 Park
Legal Description: Lot FPTR Block rZT11% Addition Wooi l ake P Ppcar mP r% +S
Legal description of subject property (metes & bounds must be described on 8 112" x 11" sheet
Size of subject property: acres 12.709 square footage 553,604.00 (whole site) Cell site 2500 s.f. +1-
Present zoning classification R -MF -2 Multifamily District
Proposed use of property No changes to proposed use. Addition of some telecommunications equipment at existing cell site.
Zoning ordinance provision requiring a special use
PART 3. PROPERTY OWNER INFORMATION
Property Owner Woodlake Associates Ltd, ,day Barlow Manager
Prop Owner Address 8333 Douglas Av ..
City /State /Zip Dallas, TX 75225
Phone No. 469 -241 -3647 Fax No.
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.
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• Attach a final plat, or replat, of the approved subdivision by city council showing property boundary lines, dimensions, easements, roadways, rail
lines, and public rights -of way crossing and adjacent to the tract (1 blueline copy)
• if a master development plan is required, attach a statement showing the proposed use substantially conforms to the master development plan.
• Submit a site plan showing all information required by Section 47. E., Site Plan review requirements (see attached requirements).
• Provide all required information demonstrating compliance with all conditions imposed on any special use, site plan zoning, or special use
zoning.
• All site plans must conform to the approved concept plan. Any changes to a site plan, approved with a special use or a special use, can
only be approved by city council through the public hearing process.
PART 4. SIGNATURE TO AUTHORIZE FILING OF A SITE PLAN
I'Clfa' ?�aumcltl
Print Applicants Name
The State of -`Za45
County of (mope
Applicant's Signature
Before me (notary) I WA^ • � Jh— on this day personally appeared (applicant) f r�
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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.
(Seat) Given under my hand and seal of office thisr7'IS• day of ['��b� , A.D. - r
mamus—
NotarylP Public, staeA MAN
a
MY Commission E Aires
July 07, 201
Notary In and For of
pie nor ow
Print Property Owner's Name rope i
The State of � t C..l" �S ��
County of
Before me (notary) on this day personally appeared (applicant) �W �CD
known to me (or proved to me on he oath of or other document) to be the person whose name is su cribed to the
foregoing instrument and acknowl dged to me that he executed the s oses a for the purp and consideration therein expressed.
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(Seal) Given under y hand and seal of office this C j -bay of D.
I(An Y K. SOINTY
` Notary Public. wo of Texof
a y CWrnl&SW m Expires
AoDult 31. 201 Notary In and State of T r
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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 #scheduled I a later • is
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or special use permit and acknowledge that an requirements of this application have been met at
time of submittal.
Date
Signature of Property Owner
Date
/1J,j
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 SU12 -04 TO AMEND
THE SITE PLAN APPROVED BY ORDINANCE NO. 2006 -90
TO EXPAND THE LEASE AREA AND ADD A NEW
EQUIPMENT CABINET AND MICROWARE DISH IN
CONJUNCTION WITH AN EXISTING ONCOR
TRANSMISSION TOWER IN A DISTRICT ZONED "R -MF -2"
MULTIFAMILY DISTRICT REGULATIONS 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 otherthings the characterof
the existing zoning district and its peculiar suitability for particular uses and with the viewto
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 particular
ORD. NO. 2
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 SU12 -04 to amend the site plan approved by Ordinance No. 2006 -90
to allow the installation of cellular antennas and an equipment cabinet in conjunction with
an existing Oncor transmission tower in a district zoned "R -MF -2" Multifamily District
Regulations, specifically to expand the lease area, and add a new equipment cabinet and
microwave dish under City of Grapevine Ordinance No. 82 -73 within the following
described property: The Woodlake Apartments (655 Park Boulevard), 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. That 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. That 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. That 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. That 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 December, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4