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Home My WebLink AboutItem 04 - SU05-02 Verizon Wirelessc G ITEM # 1 Al TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGERA/ H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: MARCH 15, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION SU05-02 APPLICANT: J. Christopher Fuller PROPERTY LOCATION AND SIZE: The subject property is located at 1502 Thatcher Trail and is platted as Lot 9A, Block 1, Thatcher Woods Addition. The addition contains 45,977 square feet and has approximately 38 feet of frontage along Thatcher Trail. REQUESTED SPECIAL USE AND COMMENTS: The applicant is requesting a special use permit to allow a cellular antenna array to collocate on an existing TXU tower. The subject property, zoned "R-7.5" Single Family District, has a 60 -foot TXU utility easement that runs nearly through the center of the property from east to west. A transmission tower 90 -feet in height is located at the approximate midpoint of the property and it is the applicant's intent to collocate an antenna array for Verizon Wireless at the 87 - foot point on the tower. A 15 -foot by 20 -foot equipment/lease area is proposed near the northeast corner of the lot approximately 15 -feet east of a future garage. PRESENT ZONING AND USE: The property is currently zoned "R-7.5" Single Family District and is vacant. The owner of the property intends at some point in the future to have constructed on the site a single OAZWSU05-02.4 4 March 7, 2005 (2:56PM) family home. The subject property and surrounding areas to the north, east and west were zoned "R-1" Single Family District prior to the 1984 City Rezoning. The property to the south was zoned "SP" Specific Use Permit District prior to the 1984 City Rezoning. I SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District—single family residential property, Tiffany Forest SOUTH: "R-7.5" Single Family District—integrated Health Services nursing home EAST: "R-7.5" Single Family District—unplatted single family residential property WEST: "R-7.5" Single Family District—single family residential property, Thatcher Woods Addition "TIM0101HAVAJI'alm 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, Low Density land use. The applicant's request is in compliance with the Master Plan. irs 0:\ZCLASU05-02.4 2 March 7, 2005 (2:56PM) Ui I inch equals 200 feet FEB 0 7 2005 Per ............. r � CITY OF GRAPEVINE SPECIAL USE APPLICATION ir Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent: J. Christopher Fuller on behalf of Dallas MTA L.P. d/b/a Verizon Wireless Street address of applicant / agent 500 N. Akard Street, Suite 4000 City/State/Zip Code of applicant/agent. Dallas, Texas 75201 Telephone number of applicant /agent: Fax number of applicant/ agent 214-758-1081 214-758-8381 Applicant's interest in subject property: Leasehold Interest PART 2. PROPERTY INFORMATION Street address of subject property 1502 Thatcher Trail Legal description of subject property (metes & bounds must be described on 8 112'x 11, sheet) See Exhibit "A" attached hereto Size of subject property 1.055 Ams 45,956 Square footage Present zoning classification: Proposed use of the property: R-7.5 I Wireless Telecommunications Antenna and related Equipment Minimum /maximum district size for special use request: Zoning ordinance provision requiring a special use: Section 49.B.1 PART 3. PROPERTY OWNER INFORMATION Name of current property owner. William W. Thatcher Street address of property owner. 1502 Thatcher Trail P.O. Box 3098 City/ State /Zip Code of property owner. Grapevine, TX 76099 Grapevine, TX 76051 Telephone number of property owner. Fax number of property owner: 817-481-6965 N/A ❑ Submit a letter describing the proposed special use and note the request on the site plan document the and special requirements or conditions imposed upon the particular specie! use by applicable ❑ In the same letter, describe or show on site plan, 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 Bl. ❑ The site plan submission shaft meet the requirements of Section 47 Site Plan atguirements, and Section 45.E. FEB 0 7 2005 Per............. 0 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. 0 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. 0 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. 0 l 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 Print Applicant's Name: Applicants Signature: J. Christopher Fuller me state of Texas County Of Dallas Before Me on this day personalty appeared (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 tome that he executed the same for the purposes and conside 'on therein expressed. is y�` day of___ dr , A.D. rQt�s SUSAN J. LENDERMAN f/ = Notary Public, State of Texas 3� «= My Commission Expires March 18, 200]ry to And Pbr Stff Of Texas Print Property Owners Name: Properly Owner's Signature: o /j p William W. Thatchers^�LL�� The state Of Texas County Of Tarrant J-- / Before Me /Irk k on this day personalty appea (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 m hand and seat of office this N day of / �te�c rA. D..2 -Q0 57 va �•. Kris K, SChedier * *1 Notary Public, State of Texas "d: ` Expires 05/07M ��TE'. My Comm. Notary n And For State Of Texas 3 FER 1 7 2005 Per ACKNOWLEDGEMENT 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 a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. w l 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. Signature of Applicant Date: Signature of Owner Date: 0'1-,.1 06r C. Houston FEB i 7 201 RACEWELL ATTE MONLIT ATTORNEYS AT LAW 500 N. Akard Street, Suite 4000 Dallas, Texas 75201-3387 Phone: 214.758.1000 Fax: 214.758.1010 February 7, 2005 By Messenger Mr. Ron Stombaugh Development Manager, Planning Department City of Grapevine 200 South Main Street Grapevine, Texas 76051 Re: Zoning Application for approval of antenna site for Verizon Wireless Dear Mr. Stombaugh: Please allow the attached to serve as the Zoning Application filed by Dallas MTA, L.P., d/b/a Verizon Wireless ("Verizon Wireless") for the following site: 1502 Thatcher Trail (Oak Grove Park Site) In accordance with Section 49B.1(a) of the Code of Ordinances for the City of Grapevine, Verizon Wireless hereby applies for administrative review and approval and, in the alternative, a special use permit for the construction of the tower improvements herein described. We have enclosed a check for $525.00 representing the filing fee for the application. Section 49.B.1(e) provides that commercial antenna may be attached to an existing utility structure, provided that the antenna does not extend more than ten (10) feet above the height of the utility structure. Please consider the site plan contained herein, which was prepared in strict compliance with Section 47 of the Code of Ordinances for the City of Grapevine, as evidence that Verizon Wireless' antenna structure will be attached to an existing utility structure that is approximately ninety (90) feet in height. Verizon Wireless' antenna structure will be located approximately three (3) feet below that point, and therefore, will not extend more than ten (10) feet above the height of such tower. The photo simulations and site plan contained in this application indicate that there will only be one accessory equipment building as required under Section 49.B.1(c) of the DALLAS\238565. I Austin Corpus Christi Dallas Fort Worth San Antonio Washington, D.C. Northern Virginia London Almaty RACEWELL FEB 2005 ATTE MONLIT Per. ATTORNEYS AT LAW Mr. Stombaugh February 3, 2005 Page 2 Code of Ordinances for the City of Grapevine. Please further note that the photo simulations indicate that Verizon Wireless plans to construct the exterior of its equipment building with the same type of materials as the property owner's proposed home so that the aesthetic quality of the community is not compromised. Section 49.B.1(f) indicates, in pertinent part, that towers must comply with all FAA/FCC regulations. The full review of this site is still in process, but we do not anticipate any problems with compliance with FAA or FCC regulations. Further, as indicated on the photo simulations attached to the application, Verizon Wireless will not attach any signs, flags, lights or any other attachments other than those required for communications operations or structural stability. Lastly, the enclosed RF Affidavit provides that this site will provide coverage to a major portion of the City and will fill existing gaps in coverage. Please note that this application will be supplemented with an additional affidavit from Mr. David L. Franks, a site acquisition representative for Verizon Wireless, which will explain why this particular site was chosen over other potential sites that Mr. Franks researched. For your benefit, I have attached two propagation maps as Exhibit A attached to this cover letter. The first indicates the present coverage of the City, and the second shows the coverage upon completion of the tower covered by this application. Please note that this cover letter and all attachments should be made a part of the public record with refect to the golication attached hereto. Please contact with me with any questions or concerns. Very truly yours, Bracewell & Patterson, L.L.P. J. Christopher Fuller /j cf Attachments DALLAS\238565.1 FEB 0 7 2005 Per___ ADDING er--- ADDING ANTENNAS TO OAK GROVE PARK :XISTING TXU TOWER. 1646500 (BEFORE) WDG #040385 WALLACE DES[GN GROUP OT,� ,%(972) 434-6855 -dglp- NOVE?vMER 19, 2004 FEB 0 7 2005 Per ............. PROPOSED VERIZON ANTENNAS ADDING ANTENNAS TO OAK GROVE PARK i°L 7XISTING TXU TOWER. 164650C WAff)kCE DESIGN GROUP (AFTER) Orr .!9721484-6855 WDG #040385 NOVEMBER 19,2004 {,' 7� `ta, :, ��i t e4 l � ��* 4 i �� Y y {, r y>w 'Jj� ��• � .l};.. r ` l;ad. 4 � 1, � a i•: 4" Xe e .} �4*` a z i�; � �. #.. ��i� 1 cy �}aa 33 �1"ii��4• Y �i`R�� . +S y,� t ��+� „� �.�, t �, � �at � ��,�� 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 SU05-02 FOR COLLOCATION OF A CELLULAR ANTENNA ON AN EXISTING TXU POLE IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY 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 CONDITIONAL 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 conditional 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 conditional 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 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 conditional 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 48 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 and 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 conditional 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 conditional 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 conditional 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 conditional use permit for the particular piece of property is needed, is called for, an 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. ORD. NO. 2 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 No. SU05-02 to allow a cellular antenna to collocate on an existing TXU pole in a district zoned "R-7.5" Single Family District Regulations within the following described property: Lot 9A, Block 1, Thatcher Woods Addition (1502 Thatcher Trail) 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. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional 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 safely 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 which 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. ORD. NO. 3 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of March, 2005. FWAI a a ATTEST: ORD. NO. 4 eNrae SEC UA Y ac: fIIW" AND WWW SON ptiae�►w situ: .L or IVGVMmDff or I ZONED R-7.5 .4 111--... mH JAN I WON ZONED R-7.5 OLqLDML*E PROPOSED W4r WDE ACCE88 EASEMENT ' PROPOSE W-WWNXIrM*CKr NOTES: 1. ALL TW REQtXREMENTSOFTNEGRAPEVINE SOL EROSION CONTROL ORDINANCE 811N,L BE MET DURING'{t1E PERK)D OF coNsn tt12TDN. 2 ALL ON SIM ELECTRICAL CONDUCTORS SNALL 8E LOCATED UNDFRGROLM PROPOSED 1840 jW4r VERWON LEASE AREA m+CA ffmosmoox PORVEIMONKuTELOO ounma uT6.Rv POLE. PROPOSED; tx�tE FOR �To BEPI.A,C@ DUSTING pROPHiTY LkE - , , i { i { ZONED R-7.5 { I 7RANSMISSION POLE I ZONED k-7.5 ' ANTENNAS MOUNTED AT i { SrWRADCFNTER 1 � 1 1 1 TXU EASEMENT It 1 I PROPOSED DEMARC i 944 PDR VERMON TEi CO 1 -----------------------.--__---_J G8rJ1ENT ®VtiML Sia.li PLA.Ltl Z.1,1 SCALE r -W -W aaµ-aanoaK-muu�ms seem 7.r-er 2 t� Er lma n�t"t L=. Emmons � =I- 0 �- =11 � i )EAST. ELEVATION \t:V OCKE-301OW-r PROPOSED i OW SWCAP PROPOSED METER WROUGWVMN IN ACCESS GATE enr"tAU,VWIDE LLKMWALLwmi "N 0081"ACF,W" NOVEDWLANDtJORD CO SUWAM CMZ ---aN—w lxcwmm DAW-*- KN*M"G as ?(*" ca ns" CW~ amt-_ SHM 4 of 4 ~A& OM IM AftMZE AW "ft iN CoNmia mm AW com OR ORMNOM. DU*WWW (F 0MV0PWW SEW.M