HomeMy WebLinkAboutItem 01 - SU00-14 Voicestream WirelessCC ITEM # 1, 4
N,z -A t z
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEV OPM ENT SERVICES
MEETING DATE: SEPTEMBER 19, 2000
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL
USE APPLICATION S000-14
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Grapevine y?
Lake APPLICANT:
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John Hubbard of VoiceStream Wireless
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I.H. X635
NorthwestAdilk ' PROPERTY LOCATION AND SIZE:
The subject property is located at 1065 East
Northwest Highway and is proposed to be platted as
H.114.1 -.n Sy ADP a Lot 1, Block A, J.A. Green Air Cargo Distribution
0 Center Addition. The site contains 22.171 acres. The
m Glade Rd. — m —i property has approximately 737 feet of frontage
along East Northwest Highway.
3
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a Special Use Permit to allow the collocation of
telecommunications equipment on an existing TXU Utility power transmission pole.
This case was tabled by City Council and the Planning and Zoning Commission at the
September 5, 2000 Public Hearing pending a ruling by the City Attorney regarding the
applicant's rights within the TXU easement. The City Attorney has ruled that the applicant
does have the right to submit an application for a Special Use Permit without the consent
of the underlying property owner, so long as the request does not fall outside the existing
easement. This case was originally tabled at the applicant's request during the August 15,
2000 joint public hearing. The applicant requested the tabling so that they would have time
to work with the owner of the subject property regarding the case. The applicant is now
proposing to vault all new equipment underground and to collocate telecommunications
equipment on existing TXU Utilities power transmission pole within an existing utility
easement on the western side of the JA Green Lot.
\ZC0\S000-14.42 1 September 14, 2000 (8:53AM)
PRESENT ZONING AND USE:
The property is currently zoned "Ll" Light Industrial District and is developed for freight
forwarding uses.
The subject and surrounding area was zoned 1-1" Light Industrial District prior to the 1984
Citywide Rezoning. Council approved conditional Use Permit CU97-70, allowing freight
forwarding on the subject property. Several sites to the west across East Northwest
Highway were zoned "SP" Specific Use Permit District and "C-2" Community Business
District before the 1984 Citywide Rezoning. Z79-40 (Ordinance 79-64) granted a zone
change from "C-2" Community Business District to "SP" Specific Use Permit District for a
headquarters and vehicle maintenance facility for SMB Stage Line to the west of the
subject site. Z76-15 (Ordinance 76-23) approved a zone change from "C-2" Community
Business District to "S P" Specific Use District for development of VFW Post #10454 to the
west of the subject site across East Northwest Highway. Immediately to the south of the
site Z72-18 approved a zone change from 1-1" Light Industrial District to "SP" Specific Use
Permit District for the development of a concrete batch plant. Z73-19 (Ordinance 73-41)
approved a zone change from "C-2" Community Business District to "SP" Specific Use
Permit District for alcohol beverage sales in conjunction with a small grocery store (Mac's
Corner) at the northwest corner of East Northwest Highway and Dallas Road. Several
conditional use permits have been approved for Mac's Corner (CU94-01 and CU95-26)
which revised the original site plan and included the expansion of the store and of the
gasoline sales area.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "PID" Planned Industrial Development District -vacant
SOUTH: "Ll" Light Industrial District — Trans Trade, vacant
EAST: "GU" Governmental Use District - DFW Airport, vacant
WEST: "Ll" Light Industrial District — Mac's Comer, MDM Scaffolding Services,
ITS International Turbine Services
\ZCU\S000-14.42 2 September 11, 2000 (3:02PM)
F-11NW�
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B,
the following uses may be considered only if sound treatment is included in building design:
multi family apartments, motels, office buildings, movie theaters, restaurants, personal and
business services. Single family residential and sound sensitive uses such as schools and
churches should avoid this zone. The proposed use is an appropriate use in this noise
zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as an Industrial land use. The proposed
use complies with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates East Northwest Highway as a Type C Minor Arterial,
with a minimum 80 foot right-of-way developed as four lanes with a center left -turn lane.
\ZCU\SU00-14.42 3 September 12, 2000 (10:37AM)
A - S
PART 1.
"ne number of
it's interest in
2. PROPEI
11
ent:
INFORMATIO
«.. d y75
LL
ITY OF GRAPEVINE
SPECIAL USE APPLICATION
Form "A"
Pt� —
scntlea n 8 1/2" x )1' she
�� eta-'
Acres
ming classification: Proposed use of the
�property.-
roroperty.
maximum disfnct size for special use request
a
a
use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
-q0
Street address of property owner.
City/State/tip Code of ropertyowner
Telephone number ofro
p perty owner.
j Fax number of propertyr owner.
'31-7 c�l�k�
0 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)
O 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
�Aneighbodmd.
°Application of site plan approval (Section 47, see attached Form 'B �.
Cf The site pian submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E.
2
VISE '"
LL �'
a
TEXAS CITY OF GRAPEVINE
V'r SPECIAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
NafnP q applicant/
�5 G W kV -A S
Streets d(ressofapplrcarlt/pag/re'--nt*
City/ Zip Code ofagplicantIagent:
Telephone number of applicant /agent: --J
//\-yi]\f\
Fax numbbr of applicant/ agent.
Applicant's interest in subject property.
czo
PART 2. PROPERTY INFORMATION
Street address of s,,hject erty
Legal description of subject propetty (metes &��bo11unds must be described pn 8 112"x 11' sheet)
Size of subject property
Square footage
Acres
Present zoning classificaSon: Proposed use of the property:
Minimum /maximum distrisize for special use request:
�J I A
Zoning ordinance provisiorepairing a special use:
ff
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
--T U
street address of property owner.
SCS w S * W-1 FSK
City / State /Zip Code of property owner. - �j -
4�*4 W Q �,r ' ` i7^
—holo
Telephone number of property owner ( (
7-(-7
Fax number of property
Go�w`neer.(
t5-Ul+i{
❑ 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' .
10 The site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E.
I V LZ LJ
JUL 03
• r.
❑ All conditional use and special use applications are assumed to be
discomplete when fried and will be p/ac d h gen a or p is hearing at the
cretion 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.
❑ 1 have read and understand all the n:quirements 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
PrintAp r arrYs Na e: Ap li Ys Si ature:
W
:The5corr:T�� —
County Of -� �^ .5
-`` \ 1
Before Me '�Vg � L . *,^�� � on this day personally appeared J 6�'
(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 to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given underm 44g seaGc day of2n;AMnd
A.D. ��v
TERESA L. ANDERSON
i Notary Public, State of Texas
M Commission Expires 05-11-01
9 or State Of Texas
)PProperty Owners Name: Property Owner's signature:
The State Of
County Of
Before Me
(notary) 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
May 10, 2000
City of Grapevine, TX
200 South Main Street
Grapevine, Texas 76099
Dear Sirs and Madams:
C,tD
JUL 0 3 2000
PLAN.N.ING
We appreciate your consideration for VoiceStream Wireless request for a Specific Use Permit
(SUP) to co -locate a communications antenna on William Tate Avenue in Grapevine, TX. The
antenna is proposed to be located on an existing TXU utility pole. The proposed site meets all
required setbacks. No negative impact on the adjoining properties is expected to result from the
approval of this request.
General information concerning the project area area is as follows:
■ The size of the project area is 625 sq. ft.
® The area is currently zoned commercial.
■ The proposed use for the project area is to construct a wireless antenna.
Again, thank you for your attention and cooperation on this matter. If you have any questions,
please feel free contact me 214-5234148.
Sincerely,
4JOubbardam Wireless
c: File (DA1058A)
8777 North Stemmons Freeway, Suite 200 Dallas,TX 75247
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 S000-14 TO ALLOW
THE COLLOCATION OF TELECOMMUNICATION
EQUIPMENT ON AN EXISTING TXU POWER
TRANSMISSION POLE IN A DISTRICT ZONED "LI" LIGHT
INDUSTRIAL 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
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
yi 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
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 SU00-14 to allow the collocation of telecommunication
equipment on an existing TXU power transmission pole in a district zoned "Ll" Light
Industrial District under City of Grapevine Ordinance No. 82 -73 within the following
described property: Lot 1, Block A, J.A. Green Air Cargo Distribution Center Addition
(1065 East Northwest Highway), 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 "N',
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
ORD. NO. 3
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.
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 19th day of September, 2000.
ATTEST:
ORD. NO. 4
IN
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SCALE: 1'= 100'
CASE NAME: VOICESTREAM
NOTES:
1. THE PROPERTY IS CURRENTLY ZONED *LI" LIGHT INDUSTRIAL DISTRICT.
2. THE CURRENT LAND USE DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE MASTER PLAN IS INDUSTRIAL,
3. ALL CONSTRUCTION SHALL BE COORDINATED WITH THE PUBLIC WORKS
LOCATION: 1065 EAST
DEPARTMENT.
4. DURING THE PERIOD OF CONSTRUCTION ALL THE REOUIREMENi'S OF
THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE SHALL BE MET,
5. CITY STAFF HAS RECIEVED DIRECTION THAT ALL NEW ELECTRICAL
AND MECHANICAL EQUIPMENT SHOULD BE PLACED UNDERGROUND,
N.T.S.
TOP OF TWR=110'
RAD. CNTR =100'
PROPOSED
SCREENING LAND
SCAPING
ED ACESS
HATCH TO VAULT
PROPOSED
UNDERGROUND
CONCRETE VAULT RE:
1/Z-2
RETAINING PIERS AS
NEEDED PER DESIGN
ENGINEER
TP&L EASEMENT
,/^A}/�VICINITY MAP
44 SCALE: 1"=2000'
PROPOSED
VOICESTR
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IN
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of
CASE NAME: VOICESTREAM
CASE NUMBER: SUOO-14
LOCATION: 1065 EAST
NORTHWEST HIGHWAY
MAYOR SECRETARY
---------------
DATE:
PLANNING AND ZONING COMMISSION
DATE:
SHEET• OF_
/
/
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINANCES.
DEPARTMENT OF DEVELOPMENT SERVICES
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CHECKED 94;
DATE
8/22/00
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