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HomeMy WebLinkAboutItem 10 - SU00-06 NextelC C, ITEM it _ /° W ri, 2 # // TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM MEETING DATE: SUBJECT r-- -------------� --f Grapevine Lake I 0v, ROGER NELSON, CITY MANAGER/�� H.T. HARDY, DIRECTOR OF DEVE OPMENT SERVICES JULY 18, 2000 DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION S000-06 APPLICANT: Robert Baldwin of McDonald Associates on behalf of Nextel PROPERTY LOCATION AND SIZE: The subject property is located at 3213 William D. Tate Avenue and is platted as Lot 1, HCB Addition. The property contains 43.75 acres and has approximately 1547 feet of frontage along State Highway 360. REQUESTED SPECIAL USE AND COMMENTS: The applicant is requesting a Special Use Permit to collocate telecommunication antennas on an existing TXU structure with an accompanying 20 -foot by 10 -foot equipment shelter located at the structure's base. PRESENT ZONING AND USE: The property is currently zoned "PID" Planned Industrial Development District and is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "1-2" Heavy Industrial District prior to the 1984 City 0:2CU1S000-06.4 1 July 13, 2000 (8:56AM) SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "PID" Planned Industrial Development District--Pavestone SOUTH: "PID" Planned Industrial Development District—State Highway 360 EAST: "LI" Light Industrial District—Wesport Business Park WEST: "PID" Planned Industrial Development District—State Highway 360, Bear Creek Park AIRPORT IMPACT: The subject tract is located partially within "Zone A" Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's request is in compliance with the Master Plan. /rs 0:\ZCU\S000-06.4 2 July 10, 2000 (9:30AM) R-20 PID Z95-15 CU95-30 VEST SAL ,a A �� • CU97-57 IN .010 . � : '�+!�'-. :- ::: ce PID 313 5.053. B .................................:. .. 29 5334 . AR - 2 s 1.12. SU94-01 "SBO •:.:ta2-�a: m . CC GU R-TH F 286-17 286-17 Z94-02 42A300 AC 4A0 O ,2 N�� DD 'R5 2R iP RvN A ti AR t g� R A2. ,& 2„0 PO .� _ 5aR � &10 . 1" = 400' SUOO-06 Nextel CP 1, guoo-o0 I d 3 ?000 'I VINEl � CITY OF GRAPEVINE iivr SPECIAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent: Robert Baldwin - McDonald Associates Street address of applicant/ agent: 270 NII Denton Tap #100 City / State / Zip Code of applicant / agent: Coppell, TX 75019 Telephone number of applicant /agent: Fax number of applicant /agent: 972.745.4303 972.745.4222 Applicant's interest in subject property: Agent for NExtel PART 2. PROPERTY INFORMATION Street address of subject property 3213 William D. Tate Ave. Legal description of subject property (metes & bounds must be described on 8 1/2"x 11"sheet) Lot 1, H.C.B. Addition e of subject property Total property = 17.43 ac Acres size of request = approx 1 , 200SfSquarefootage Present zoning classification: Proposed use of the property. - PCD Wireless communication antennas on existing TXU tower Minimum /maximum district size for special use request.- equest:Zoning Zoningordinance provision requiring a special use: Chapter 7, Article XII, Division 1 PART 3. PROPERTY OWNER INFORMATION Name of current property owner.- TXU Electric Street address of property owner.' 300 South St. Paul St City /State /Zip Code of property owner. Dallas, TX 75201 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 0 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) 0 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. I PART 4. SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE PLAN Print Annlicant's Name: Robert Baldwin The State Of Texas WE County Of Dallas / // Before Me J&j, z. on this day personally appeared (notary) -T inn.. Robert Baldwin (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 under m hand and seat of office this 2 Ad day of A. D. 2W D SHEILA L SHUPP M', COMMISSION EXPIRES I AUGUST 10 2002 -- - _ Not4 In And For State Of Texas Print Property Owners Name: TXU The State Of County Of Before Me (notary) Property Owner's Signature: Please see attached on this day 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 APR. 27. 3:24P5- NEXTELL z—NO. 1087iot P. 2;%2 1 Vd U,, xu tee" Swvmes VU 300 South 5t. Paul Street r. O&%as,TX 75201 P R 0. Bo■ 139083 Dallas, 7X 75313.9083 April 27, 2000 City of Grapevine Planning Department Re: Proposed Nextel Wireless Antenna location TX0444B (Bluegrass Lane) SH 360 & SH 121 Dear Sirs: Nextel has requested to erect an antenna on our Tower (3/6) located at the address shown above, in the City of Grapevine. This letter is to authorize Nextel to file for the necessary permits to construct a wireless antenna at this location. If I can be of any assistance in this matter, please feel free to contact me at anytime. Sincerely, David Reese T)CU Right of Way (214)875-3072 McDonald Associates, PLLC Development Services Planning Division City of Grapevine 200 S. Main St. Grapevine, Texas 76051 Re: Special Use Request Dear Sir or Madam: Writer's Direct Dial: (972) 745-4303 Writer's E -Mail: baldwin@landusetx.com May 2, 2000 &4YO Pi ��Op This firm has been retained to assist Nextel Communications in their efforts to construct a wireless telecommunications network in the Dallas -Fort Worth area. Pursuant to this representation, I would like to submit the attached application for a Special Use. Nextel would like to obtain permission to erectwireless antennas on an existing TXU transmission tower located at approximately 3213 William D. Tate Avenue. Nextel would also like to obtain permission to erect a 10' x 20' pre -fabricated shelter at the base of this tower. The exact layout of this request is shown on the attached site plan. This proposal is in keeping with the spirit and intent of the City's telecommunications regulations and will not cause harm to the value, use or enjoyment of other property in the neighborhood as the antennas will be placed on an existing structure and the equipment shelter will be screened. Thank you very much for your assistance with this matter. Please call me at (972) 745-4303 if you have any questions or need any additional information. Very ly yours, Robert B. Baldwin, AICP Land Planner 270 N. Denton Tap, Suite 100 • • Coppell, Texas 75019 11 Phone 972-745-4300 • - Fax 972-745-4222 " .McDonald Associates, PLLC July 12, 2000 City of Grapevine City Council Planning and Zoning Commission 200 S. Main St. Grapevine, Texas 76051 Re: S U P00-06 Dear Sir or Madam: Writer's Direct Dial: (972) 745-4303 Writer's E -Mail: baldwin@landusetx.com This firm has been retained to assist Nextel Communications in their efforts to construct a wireless telecommunications network in the Dallas -Fort Worth area. Pursuant to this representation, we have filed a Special Use Request to allow Nextel to construct a set of antennas on an existing TXU transmission tower. Nextel seeks your permission to erect wireless antennas on an existing TXU transmission tower located at approximately 3213 William D. Tate Avenue. This tower is located just south of the Pavestone facility. Nextel would also like to obtain permission to erect a 10' x 20' prefabricated equipment shelter at the base of this tower. This proposal is in keeping with the spirit and intent of the City's telecommunications regulations and will not cause harm to the value, use or enjoyment of other property in the area as the antennas will be placed on an existing structure and the equipment shelter will be screened. Thank you very much for your assistance with this matter. If you have any questions orwould like to discuss this matter, either in person or on the phone, please do not hesitate to call at (972) 745-4303. Very truly yours, Robert B. Baldwin, AICP Land Planner 270 N. Denton Tap, Suite100 • ' Coppell, Texas 75019 11 Phone 972-745-4300 • • Fax 972-745-4222 21617 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 S000-06 TO ALLOW THE COLLOCATION OF TELECOMMUNICATION ANTENNAS AND AN EQUIPMENT SHELTER IN A DISTRICT ZONED "PID" PLANNED INDUSTRIAL DEVELOPMENT 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 SU00-06 to allow the collocation of telecommunication antennas and a 20 -foot by 10 -foot equipment shelter (Nextel) in a district zoned "PID" Planned Industrial Development District within the following described property: Lot 1, HCB Addition (3213 William D. Tate Avenue), 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 18th day of July, 2000. APPROVED: ATTEST: APPROVED AS TO FORM.- ORD. ORM: ORD. 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