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HomeMy WebLinkAboutItem 11 - SU00-08 AT & T WirelessTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ``i FROM: ROGER NELSON, CITY MANAGER ///,6 H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: JULY 18, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION S000-08 I, I I — — . �- Grapevine Lake APPLICANT: Bob Steinweg of AT & T Wireless i D i Services I. H. 1635 Northwes i food%P4�?'a PROPERTY LOCATION AND SIZE: C The subject property is located at 3213 William D. Hall -Johnson syd� ADP a Tate Avenue and is platted as Lot 1, HCB Addition. The property contains 43.75 acres and has o Glade Rd. — `m 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 24 -foot by 11.5 -foot equipment shelter located at the structure's base. This request will be collocated on the same TXU tower as Special Use Request S000-06. PRESENT ZONING AND USE: The property is currently zoned "PID" Planned Industrial Development District and is vacant. OAMMSU00-08.4 1 July 13, 2000 (8:57AM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned 1-2" Heavy Industrial District prior to the 1984 City Rezoning and has remained vacant. 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:ZCO\S000-08.4 2 July 10, 2000 (10:59AM) R-20 „A2 4 • PID Z95-15 CU95-30 VEST R;R 3�$9z A ,we CU97-57 IN A ..................................... a,e e :. PID~ ............ isg:yac . `28: 6.73+0 AR 2 °.373 A s SUU9�4-i ;.A. .06 . CC GU R-TH F Z86-17 286-17 294-02 42.6106 AC 4M . 12 11 0,R i7 00 ° s 6 7A A ,qdc BRE K 6 7 oz a 3a '� 4 6R TR MIC 7R 5.10 0 PO 4R OR 1" = 400' SUOO-08 AT&T Wireless CITY OF GRAPEVINE SPECIAL USE PERMIT APPLICATION FORM "A" 1. Applicant/Agent Name: Bob Steinweg Company Name: AT&T WS Address: 5501 LBJ — 2E City: Dallas Phone # 214-668-0475 State: TX Zip: 75240 Fax # 972-778-5660 2. Applicant's interest in subject property: Place wireless communications antennas on existing TXU transmission tower and install equipment shelter at base of TXU tower. 3. Property owner(s) name: TXU Address: 300 S. St. Paul Street City: Dallas State: TX Zip: 75201 Phone # 214-875-3072 Fax # 214-875-3113 4. Address of subject property: approximately 3213 William D. Tate (to be assigned) Legal Description: Lot: 1 Block Addition: H.C.B. Addition Size of subject property: 5.255 acres (actual use size) 1,200 square foot Metes & Bounds must be described on 8 1/2 "x 11" sheet 5. Present Zoning Classification: PCD 6. Present Use of Property: Agriculture 7. Minimum/Maximum District size for special use request 8. Zoning ordinance provision requiring a special use: Chapter 7, Article XII, Division 1 2 :zcu\forms\appsu-sp www.ci.grapevine.tx.us 5/99 MAY 112000 9. Submit a letter describing the proposed special use and note the request on the site plan document. 10. 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). 11. 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. 12. Application of site plan approval (Section 47, see attached Form "B"). 13. The site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E. Effect of Special Use 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 m-,, 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 a special use permit can only be approved by city council through the public hearing process. I have read and understand all of 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. 14. Signature to authorize a special use request and placing a special use request sign on the subject property. Applicant (print): Bob Steinweg Applicant signature: / Owner (print): TXU Owner signature: See attached letter of approval from TXU 3 o:zcu\forms\appsu-sp www.ci.grapevine.tx.us 5/99 -he State of Texas County of Dallas MAY 1 1 2000 Before me Mike McCormick on this day personally appeared Bob Steinweg known to me 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. Given under my hand and seal of office this 10th day of May, A.D. 2000. SEAL G Notary Signature �s�4TP� iNCHAEL E MCCORMICK * NOTARY PUBLIC State of Texasmm of Co. Exp. 01-22-2003 (See attached letter from TXU) The State of County of 3efore me on this day personally appeared known to me (or proved to me on the oath of or through (description of identity 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. Given under my hand and seal of office this day of , A.D. SEAL Notary Signature zcu\forms\appsu-sp . Nww.ci.grapevine. tx.us 5/99 0 May 9, 2000 City of Grapevine Planning Department Re: Proposed AT&T Wireless Antenna location 410-2(360&121) SH 360 & SH 121 Dear Sirs: AT&T 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 AT&T 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 TXU Right of Way (214)87-3072 TXU TXU Business Services 300 South St. Paul Street Dallas,TX 75201 MAY 1 1 2000 P.O. Box 139083 Dallas, TX 75313-9083 May 9, 2000 City of Grapevine Planning Department Re: Proposed AT&T Wireless Antenna location 410-2(360&121) SH 360 & SH 121 Dear Sirs: AT&T 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 AT&T 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 TXU Right of Way (214)87-3072 AT&T MAY 112000 May 11, 2000 Development Services Planning Division City of Grapevine 200 S. Main Street Grapevine, TX 76051 RE: SUP application To Whom It May Concern: We seek approval to install wireless communications antennas on an existing TXU transmission tower and seek approval to place an equipment shelter at the base of the tower. -�- We believe this request merits the City's approval based upon use of an existing structure and a location in an obscure area. In addition, the location we have chosen represents a co -location with another provider, will be screened from public view and represents a use which will not interfere with the property's present use or value. Thank you for your consideration and we look forward to answering questions and providing additional information as required. Sincerely, Bob Steinweg SAC �� Recycled Paper 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 S000-08 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 S000-08 to allow the collocation of telecommunication antennas and a 24 -foot by 11.5 -foot equipment shelter (AT&T Wireless Services) 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. NO. 4 W OZ �0<rCC)NZ m IZ AZ m5z z rEzz Om OmZZOmm x mm Om o?m m m mm A Z2 m- 0 SOA ��'":00<`4 0� pT.� Nx -x-i Nygg O c-p-+{0<pA QW Z �W DN = m11 OO Co C tTiD xzA0pC I rm n �yy 1`'n I ..0 b_O S G3 m�AC�00 m n m� x� 0 AD .Zl Ir Or�b�Cf~*t m Am mo A�tr`i o6 F) Z c r'' zooc?G-Im vm ?