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HomeMy WebLinkAboutItem 05 - SU00-15 Voicestream Wireless ITEM S i.Qq fk :w 10 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: OCTOBER 17, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION S000-15 I r---I I I —_ ---- Grapevine \\ �t y^ry, o Lake 11 I APPLICANT: John Hubbard of Voicestream Wireless I.H.:635 a Northwest i PROPERTY LOCATION AND SIZE: Cn The subject property is located at 1800 State I S DFW ; I Highway 26 East and is platted as Lot 1, D/FW Hilton S' Airport I Addition. The addition contains 21.86 acres and has Hall-Johnson ds a.m l t--- o approximately 2,411 feet of frontage along State m Glade Rd. — m —i Highway 26 East. o - REQUESTED SPECIAL USE AND COMMENTS: The applicant is requesting a Special Use Permit to allow the location of telecommunications equipment on an existing building (D/FW Hilton). The applicant proposes to place telecommunications equipment on the rooftop of the existing D/FW Hilton. The proposed equipment will be housed in the existing rooftop penthouse and the proposed antennae will be sled-mounted on top of the existing penthouse. PRESENT ZONING AND USE: The property is currently zoned "HCO" Hotel Corporate Office District and is developed as the D/FW Hilton. \ZC0\S000-15.4 1 October 12,2000(4:51 PM) HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were rezoned in the 1984 City Rezoning from 1-1 Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial Development. The property to the north was rezoned (Z95-13) to "CC", Community Commercial on October 17, 1995. The property to the north was granted a Conditional Use Permit CU95-36 for development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and conditional use pole signs. Subsequent conditional use requests have been approved for the property to the north and it is developed as Grapevine Mills Mail. The property to the south and east were rezoned from "PID" Planned Industrial Development District to "CC" Community Commercial District through Zone Change Request Z99-13. This property remains undeveloped. The property to the east was developed as Phase 11 of the Grapevine Mills Mall through Conditional Use Request CU97-61. This property is developed as Bass Pro Shops and the Embassy Suites Hotel. Development adjacent to this property has resulted in the construction of a Whataburger Restaurant and a Fuddrucker's Restaurant. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC," Community Commercial District - Grapevine Mills Mall SOUTH: "CC," Community Commercial District - Undeveloped EAST: "CC," Community Commercial District- Bass Pro Shops, Whataburger, and Fuddruckers WEST: "CC," Community Commercial District - Undeveloped AIRPORT IMPACT: 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 applicant's proposal is an appropriate use in this noise zone. 1ZCU1S000-15.4 2 October 12,2000(5:04PM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. /sdk \ZCU\S000-15.4 3 October 12,2000(4:51 PM) - ,.alTA TIAIAC 4M. PID HCO I"I AC a, HCO f ,.a,AQ S >�,: cg cc li e &Di An + Z95-13 ,nw. CU95-36 �p 7R!Ct HCO ""'An Z82-16 CC �1...... .......................... ............................ .......:.. 1 :r........................... ............................................. ....... 1 5 28 -44 LA s N :_H. .......................................... .. 5 1 5 ..............................LA .................. ... ................................................... . ........................... ........... . .... k. .................. ....... .. ....... .... ............. .................... ........ ................................ ............. IR In a PID s:::::::..:.: .................................................................................. o5pN CS A URA Y 5 A'25in 2A as x AtUM An CC CC PCD HCO Z77-18 , Z89-02 CU99-01 Z85-I1 ,am,n HCO um , SM AG SU00 - 15 1 " = 400 ' Voicestream- -- Wireless Jul-25-00 10: 27A Development Services 817 410 3018 P_03 l s �� . VM T 8 X A S P�^�t� I F PEVI SPECIAL USE APPLICATION WT Form "A" PART 1.APPLICANT INFORMATION Name oVoleegream pficant/agent w vvje ss Street address of applicant/agent: I I Sac) Wz66 Q'k C' Rock City/ Code of applicant/agent: Slc'.s --/� -7SX Telephone number of applicant/agent TI bar of applicant/agent: � l -S2`3-4100 -SZ3-g101 Applicant's inte rest in subject p pert J 7DjL�k � 0-42,( (,c,l- PART 2.PROPERTY INFORMATION Street address of subject property I�op 2� �c Legal description of subje roperty(metes&bounds must be described on 8 1/2'x 1I"sheet) Sizel of subject property Acres ©� Square footage Present zoning Gassificafion: Proposed use of he property.' Minimum/maximum district size for special use request: Zoning ordinance provision requiring a special use: l9 v(kq., PART 3. PROPERTY OWNER INFORMATION Name of current property owner 4AL-rO4 go-rL. CO P—P, Street address of property owner: Rio [L Z 6 City/State/Zip Code of property owner. `76os I Telephone numbe of property owner, ,Fe number of prcperfy owner. 54& Submit a fetter descrtbing 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 8' . The site plan submission shall meet the requirements of Section 47, Site Plan Requirements,and Section 45.E. 2 Jul -25-00 10: 27A Development Services 817 410 3018 P .04 401At/conditional use and special use applications are assumed to be complete when fried and w'1 discretion of the staff. Based on the size of the agenda,your application may be scheduled tora la date aced 03 t �a a trlic hearing at the Ail public hearings will be opened and testimon y given by applicants and interested citizenry. public hearings may be co t the next public hearing. Public hearings will not be tabled. ` ,` ,v,�y� Q,� 1Any changes to a site plan(no matter how minor or major)approved with a conditional use or special use can only be approved by city council through the public hearing process. 1 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 Ptin pplicanf's Na e: Appl nes S nature• a o t(pj A� The Of 1 _X County Of �Y�l LDS Before Me l�Q VOID k � (notary) on this day personally appeared_`�� ����tttlxnutrrngryri {applic32 known to me (or proved to me on the oath m of card or other document) to be the person whose name is subscribed to the regain �nst e arf� acknowledged to me that he executed the same for the'pCurposes and consideration therein expressed. (Seat)Given under my hand and seat of office this I day of °A Cr- �ry�4ii 1A' N n And For t Of exas nt Property t3wners Name: Properly Owner's SFgnature: The State Of J t �~--�.•`.x T County Of 9 A L j-A S Before Me r"%r F fl�6v-P A( ( (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 acknowledged tome that he executed the same for the purposes and consideration the In expressed, instrument and th (Seal)Given under my hand and seat of office this 25 day of �V C A.D_ C,t 00 r Notary In And r State Of Texas 3 Jul-25-00 10: 27A Development Services 817 410 3018 P -05 RFro,P1® ' JUL 2 6 2000 M 'VIIVEE A,NVv1ivu T 6 X A F GRAPEVINE iT WIr SITE PLAN APPLICATION Form "B" PART 1.APPLICANT INFORMATION Name f a(p^plicall a ant i V ( !L Street a`dress ofrapplicant l a(g�e�ntt: Q- - City IQate/Zip Code of applicant/agent: � 2.-3 Tele ne number of ap ficant/agent: Fax number of applicant/agent: ` Applicant's interest i subject p petty: PART 2. PROPERTY INFORMATION Street address of suObject property Legal description of subject pro (metes&bounds must be described on 8 112"x 11"sheet) A � k COT [ DFc.� � �-, tla 13£s�-ram Q Sizd of subject property Acres Z(.0 S ware footage Present zoning classification: Proposed use of the property: Give a general description of the proposed use or uses for the proposed development: r00"V OC b Zoning ordinance prowstort requitirIg a special use: !SeJ,& PART 3. PROPERTY OWNER INFORMATION Name of current property owner. [ -(L-To �L, COU Street address of property owner: w OLq 2.o C44 City/State/Zip Code ofJproperty owner -u vt- jl� 7 ( Telep one nu ber of roperty owner. Fa%-number of property owner. VU rep 1-(—�(M ❑ Attach a final plat,or replat,of the approved subdivision by city council showing property boundary lines,dimensions,easements,roadways,rail lines,and public rights-of way crossing and adjacent to the tract(1 biueline copy) O if a master development plan is required,attach a statement showing the proposed use substantially conforms to the master development plan. O Submit a site plan showing all information required by Section 47.E.,Site Plan review requirements(see attached requirements). Q Provide aid required information demonstrating compliance with all conditions imposed on any conditional use,site plan zoning,or special use zoning. O All site plans must confonn to the approved concept plan. Any changes to a site plan,approved with a conditional use or a special use,can only be approved by city council through the public hearing process. 4 Jul -25-00 10: 28A Development Services 817 410 3018 P .06 PART 4.SIGNATURE TO AUTHORIZE FILING OF A F L SITE PLAN tint Apptican(s Name: r t A licanr signs re: PLA1V 1 v I I The State Of_ C County Of Before Me-- to notary) on this day personalty appeared (applicant�p\t�H101 9lnpgrri known to me (or proved to me on the oath of cart!or other document to be the ; N Y q�� knownacknowledged ) person whose name is subscribed to the f �� to me that he executed the same for the purposes and consideraton therein expressed. p (Seat)Given under my hand and seal of othee this day of A.D. Ln 9l" Q Not i r ate a as �wwma �4� Print Property Owners Name: Pro Owner's Signature: /.J The state Of T?t County of PA t-1,A s fore Me AA-A 41110D D A Lf (notary) on this day personalty appeared "� (property owner) known to me (or proved to me on the oath of carat 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 puses and consideration therein expressed. (Seal)Given under my hand and seal of office this day of 1� y Q U A.D. Notary In And F State Of Texas 5 rI 1/ 3..1 JUL 2 6 2000 July 25, 2000 P LAiN 1,4 i!N City of Grapevine, TX 200 South Main Street Grapevine, Texas 76099 RE: SPECIFIC USE PERMIT Dear Sirs and Madams: We appreciate your consideration for VoiceStream Wireless request for a Specific Use Permit (SUP) to locate a communications antenna on the Retcom-DFW Lakes Hilton rooftop located at 1800 Highway 26 East Road in Grapevine, TX. 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 400 sq. ft. ■ The area is currently zoned Community Commercial (CC). ■ 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 214-523-4148. ncerely, John ubbard ceStream Wireless c: File(DA1058A) 11830 Webb Chapel Rd.,Suite 5000 Dallas,TX 75234 I ORDINANCE NO. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE u 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 SU00-15 TO ALLOW THE LOCATION OF TELECOMMUNICATIONS EQUIPMENT ON AN EXISTING BUILDING IN A DISTRICT ZONED "HCO" HOTEL CORPORATE OFFICE DISTRICT 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 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 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 ORD. NO. 2 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 conditional use permit in accordance with Section 48 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. SU00-15 to allow the location of telecommunication equipment (VoiceStream Wireless)on an existing building (DFW Lakes Hilton) in a district zoned "HCO" Hotel Corporate Office District within the following described property: Lot 1, D/FW Hilton Addition (1800 State Highway 26 East) 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. ........ 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of October, 2000. APPROVED: ATTEST: APPROVED AS TO FORM: ORD, NO. 4 i I VIC WrY MAP 1183DWBB CAP ROAD SWEBRT: I DALIAS,70M 79U OFFICE:(214)041oo MtTILE1[T N:[ TRACT TRACT a.3IM ACREM TIULT p .I...a 1 i } P.[.MITTL!{CV.i1.TRACT . t .. •,� i4.w4 ArA2 TRACT oPI`4 R{MNAr S 00.4••i 6'E e ,� ��• 67I1 TB' LOCATION! 1/' aie: I A-24.37•09" vot.a6I4,P6.aa3a / . 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