HomeMy WebLinkAboutItem 09 - SU09-09 Clear Wireless Utz S
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER. 3'\/
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SCOTT WILLIAMS, DIRECTOR OF DEVELOPMENT SERVICES r '
MEETING DATE: DECEMBER 15, 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL
USE APPLICATION SU09-09 CLEAR WIRELESS
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' APPLICANT: Kira Bauman/Clear Wireless
Grapevine • •
i Lake 5
ove
I.H.635 PROPERTY LOCATION AND SIZE:
Northwes
j, The subject property is located at 1509 Hood Lane
Vim and is platted as Lot 1, Block A,vow Dove Road Park
Addition. The addition contains 10.013 acres and
Hall-Johnson Sy�� ADP, has approximately 830 feet of frontage along Hood
Lane, 829 feet of frontage along Sagebrush Trail and
_ 531 feet of frontage along Dove Road.
it Glade Rd. `m I _
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REQUESTED SPECIAL USE AND COMMENTS:
The applicant is requesting a special use permit to amend the previously approved site
plan of SU99-07 (Ord. 99-66) for the collocation of telecommunication antennas on the
Dove Park Water Tower with underground accessory equipment specifically to establish a
new ground lease and the collocation of antennae, microwave equipment and above
ground equipment in conjunction with a water tower.
With this request the applicant proposes to establish a new 16-square foot (4-foot by 4-
foot) lease area, collocate four panel antennas and two microwave dishes on the Dove
Road Water Tower between the heights of 79-feet and 82-feet and place associated
equipment on the ground within an existing fenced area adjacent to Sagebrush Trail. On
July 21, 2009, Council approved a resolution (Resolution 2009-26) authorizing a
Tower/Ground Lease Agreement with Clear Wireless on the subject site for the collocation
of antennae and installation of communications equipment.
O:\zCU/SU09-09.4 1 December 7,2009(4:30PM)
PRESENT ZONING AND USE:
The property is currently zoned "GU" Governmental Use District with a special use permit
for the collocation of telecommunications equipment on an existing water tower and
underground and above ground accessory equipment.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and Dove Elementary School were rezoned in the 1984 City Rezoning
from "R-1" Single Family District to "GU" Governmental Use District. Special Use Permit
SU96-05 (Ord. 96-44) was approved at the June 18, 1996 meeting for the collocation of
telecommunications antennas with an underground accessory equipment building on the
subject site. The surrounding single family developments were rezoned from "R-1"Single
Family District to "R-7.5" Single Family District in the 1984 City Rezoning. At the same
time, the Dove Park Apartments and the Hunter Ridge Addition were rezoned from "R-3"
Multifamily District to "R-MF-2" Multifamily District and "R-MF-1" Multifamily District. In
1990 the Hunter Ridge Addition was rezoned from "R-TH" Townhouse District to "R-5.0"
Zero-Lot-Line District through zone change request Z90-10 (Ord. 90-69). At the April 20,
1999 meeting Special Use request SU99-07 (Ord. 99-66)was approved on the subject site
which allowed the collocation of communications antennas on the water tower and an
underground accessory equipment building. On April 26, 2000 the Site Plan Review
Committee considered and approved S000-03 which allowed the collocation of
communications antennas on the water tower and above ground accessory equipment. On
August 1, 2000 the Site Plan Review Committee considered and approved S000-12 which
allowed the collocation of communications antennas on the water tower and above ground
accessory equipment.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-7.5" Single Family District— Hood Ridge Estates
SOUTH: "R-7.5" Single Family District and "R-MF-2" Multifamily District —
Winding Creek Estates and Dove Park Apartments
EAST: "GU" Governmental Use District and "R-5.0" Zero-Lot-Line District—
Dove Elementary School and Hunter Ridge Addition
WEST: "R-7.5" Single Family District— La Paloma Estates
AIRPORT IMPACT:
The subject tract is not located within any "Zone" as defined on the "Aircraft Sound
Exposure: Dallas/Fort Worth Regional Airport Environs" map.
O:\ZCU/SU09-09.4 2 December 7,2009(4:30PM)
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as Governmental Land Use. The existing
development and the proposed co-location of telecommunications equipment complies
with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Dove Road as a Type B, Major Arterial that requires a
minimum 80-foot right-of-way developed with four lanes and a median.
O:1ZCU/SU09-09.4 3 December 7,2009(4:30PM)
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0 SU09-09
1 inch =200 feet Clear Wireless
DEC 0 3 2009
*S V INE 0224
T EWA S
C ITY O F GRAPEVINE
VINE
SPECIAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/agent/company/contact
Kira Bauman
Street address of applicant/agent:
2300 Springmere Drive
City/State/Zip Code of applicant/agent:
Arlington, TX 76012
Telephone number of applicant/agent: Fax number of applicant/agent:
817 821 5545 817 860 0077
Email address of applicant/agent Mobile phone number of applicant/agent
kira @baumanconsultants.com 817 821 5545
Applicant's interest in subject property:
adding equipment to existing cell site for Clear LLC
PART 2. PROPERTY INFORMATION
Street address of subject property
1509 Hood Street
Legal description of subject pro rty(metes&bounds must be described on 8 1/2"x 11"sheet)
Lot Block Addition DO I £ - ilC-V9--N
Size of subject properly
10 , 00l-) Acres Square footage
Present zoning classification: Proposed use of the property:
`('...k
Minimum/maximum district size for special use request:
Zoning ordinan
rf•
rovision requiring a special use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
City of Grapevine, TX
Street address of property owner:
PO Box 95104
City/State/Zip Code of property owner:
Grapevine, TX 76099
Telephone number of property owner: Fax number of property owner:
817 410 3135 - Scott Dyer, PE
r
DEC 0 3 2009
•
•
❑ 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 properly
in the neighborhood.
❑ Application of site plan approval(Section 47,see attached Form"B").
❑ The siteplan submission shall meet the requirements of Section 47,Site Plan Requirements.
❑ 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 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.
❑ 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.
LI 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.
PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY /
Kira Bauman k -' &14A-144-66-1 )
Print Applicant's Name: Applicant's Signature:
The State Of Texas
County of Tarrant
Before Me Wm Bauman on this day personally appeared Kira Bauman
(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 In.22.112aLlemesugagewulagfikitor.the purposes and consideration therein expressed.
(Seal)c i 9���;.".:-�my hand- 3` day !`°�J c.�Q,_h C, ,A.D. t
Notary u i , O da of•
�� .:„E My Commission Expires
•
;.FO<<E,; July 20,2011 '
Notary In And For State Of Texas
Bruno Rumbelow - City Manager
Print Property Owners Name: rope y Owner's Signature:
The State Of 1.."-- A--'>
County Of ia--4'1?Zl.-t'1"-
Before Me (Ave( on this day personally appeared
(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.
(S e a l)Given u n d e r , ,.,. ... •_. r .. • of „1 ,1�L r,4\, ,A.D. _.
010Z-10-90 ax3'VMOD Jed ;. ."Np
MR 1031MS mai o otary In For State Of Texas
aoom s
3
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 particular
piece of property is needed, is called for, and is in the best interest of the public at large,
ORD. NO. 2
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 SU09-09 to amend the site plan approved by Ordinance No.
2006-90 to establish a new 4'x4' lease area and for the co-location of antennae and
communications equipment on the Dove Road Water Tower in a district zoned "GU"
Government Use District under City of Grapevine Ordinance No. 82 -73 within the following
described property: Lot 1, Block A, Dove Road Park Addition (1509 Hood Lane), 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. 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 15th day of December, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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