HomeMy WebLinkAboutItem 06 - SU01-06 NextelTO:
FROM:
MEETING DATE:
SUBJECT:
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HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELf
MENT SERVICES
SEPTEMBER 18, 2001
DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL
USE APPLICATION SU01-06
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APPLICANT:
Mike Cunningham of Nextel of Texas, Inc.
PROPERTY LOCATION AND SIZE:
The subject property is located at 1800 State
Highway 26 East and is platted as Lot 1, DFW Hilton
Addition. The addition contains 21.86 acres and has
approximately 2,411 feet of frontage along State
Highway 26 East.
REQUESTED SPECIAL USE AND COMMENTS:
The applicant is requesting a special use permit to allow for the attachment of a cellular
antenna array on the south wing penthouse area of the DFW Hilton and the construction
of a 10' by 20' equipment shelter on the rooftop.
The cellular antenna array will be sled -mounted on the rooftop and project above the
roofline. The 10' by 20' by 10.5' equipment shelter will be made a part of the existing hotel
structure and will contain all associated present and future equipment needs.
PRESENT ZONING AND USE:
The property is currently zoned "HCO" Hotel Corporate Office District and is developed as
the D/FW Hilton.
\ZCU\SU01-06.4 1 September 13, 2001 (3:09PM)
11
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding property were rezoned in the 1984 City Rezoning from "I-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 Mall.
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 II 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
n construction of a Whataburger Restaurant and a Fuddrucker's Restaurant. Special Use
Request S000-15 (Ord. 00-107) was approved a the October 17, 2000 meeting and
allowed for a sled -mounted cellular array and associated equipment to be mounted on the
north wing penthouse area at the DFW Hilton for Voicestream Wireless.
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 Fuddrucker's
WEST: "CC," Community Commercial District - Undeveloped
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
\ZCU\SU01-06.4 2 September 11, 2001 (7:37AM)
noise zone.
The Master Plan designates the subject property as a Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
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\ZWSM-06.4 3 September 11, 2001 (7:37AM)
SKO,
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VINE
T E X A S
CI F GRAPEVINE
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SPECIAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant /agent
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Street address of applicant /agent:
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City / State / Zip code or applicant / agent.
J—Xee�phone
number of applicant / agent
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Fax number ofapplicant/ agentent
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Applicants interest in subject property::
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PART 2. PROPERTY INFORMATION
Street address of subject property
l 60 -
Legal description of suDitot property (metes & bounds must be described on
6 112'x J " sheet)
� b!r"A.L(
Size or suoJect propeny
��%.,AL (AIu
use
Minimum ruaximum diz .rict size
Acres 2.l.1-Z—
Zoning ordinance provision requiring a specrai use:
Sec rt,-7eve c tca
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner
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Street address of property owner.
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City/ State /Zip Code of property owner. _
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Telephone number of1property own r. Fax number of property owner.
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❑ 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' .
❑ The site plan submission shall meet the requirements of Section 47 Site Plan Requirements.
2
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 tater 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.
I 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
1 PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
,Q,w'N
The State Of
County Of r C' k�
Before Me M q y -t on this day personally appeared l ``�kle G- K k VL KC -C V'n
(notary) (applica t)
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 P0VwjvX$Ruted the same for the purposes and consideration therein expressed.
(Seal) Given u\� h;anF�f office this ` day of `1 �• k . A.D.
z l y
a � �• _ � /'fit
r
9JE OF Notary In And For State Of Texas
y% •'•.EXPIRES.• • ;.
Print Property O ... - Property Owner's Signature:
IL 9; t4,-, 7DP w ,-k,- s
The State Of —TE X A-5
County Of
Before Me on on this day personally appeared �`b� (�'" `f 4 �•�' t
(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�°WW8N1F'Ar �iseal of office this L day of k 1 �- A.D. 2'
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Texas
Nextel Communications
1680 Prospect Drive, Richardson, TX 75081
4ME'
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August 6, 2001
City Of Grapevine
Development Services
Planning Division
200 S. Main St.
Grapevine, TX 76051
Dear Planning Division of the City of Grapevine:
Nextel of Texas, Inc. is requesting approval for locating our telecommunication equipment on the
existing Hilton DFW Lakes structure, 1800 Highway 26, Grapevine, TX.
By way of background, Nextel is a nationwide wireless communication carrier licensed by the
FCC to provide mobile telephone, two-way radio, paging and data services for the public and
private sectors of the community, including all emergency service agencies. As a
telecommunication company we have obligations to our clientele to provide uninterrupted
coverage and in along those same lines provide 911 emergency service.
Nextel of Texas, Inc. does not use equipment cabinets as some of the other carriers do. Due to our
technology requirements an (10' x 20' and 10'6" in height) equipment shelter is required for our
business operations. Due to future technology requirements and internal equipment standards this
equipment shelter size is required for our business operations.
The equipment shelter is going to be located on top of the South Wing of the Hilton DFW Lakes
structure. For all intensive purposes our un -manned equipment shelter will become part of the
existing Hilton Structure. This equipment shelter is to be located near the existing wall as to
minimize its presence while looking up from ground level. The antenna array is to be installed on
the South Wing penthouse area, similar to the existing VoiceStream's antenna array on the North
Wing penthouse location.
Nextel of Texas, Inc. believes that this use will be of value to the community, as we will be able
to provide uninterrupted coverage and in along those same lines provide 911 emergency service
to our clientele. By using this existing structure a new monopole or height variance will not be
needed, as the current structure will suffice for Nextel of Texas, Inc. needs.
Sincerely,
/.
,, &' ( � f , , '�'
Mike Cunningham
02 Wireless
Nextel of Texas, Inc.
19
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 SU01-06 TO ALLOW
FOR THE COLLOCATION OF A CELLULAR ANTENNA
ARRAY AND EQUIPMENT SHELTER ON TOP OF THE
SOUTH TOWER OF THE DFW HILTON IN A DISTRICT
ZONED "HCO" HOTEL/CORPORATE OFFICE 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
ORD. NO. 2
classified; and, therefore, feels that the issuance of this special use permit for the 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 SU01-06 to allow for the collocation of a cellular antenna array
on the south tower of the DFW Hilton and the construction of a 10' by 20' equipment
shelter on the rooftop (Nextel) in a district zoned "HCO" Hotel/Corporate Office District
under City of Grapevine Ordinance No. 82 -73 within the following described property: Lot
1, DFW Hilton Addition (1800 State Highway 26), 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.
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 18th day of September, 2001.
ATTEST:
ORD. NO. 4
0 APPROVED AS TO FORM:
m
ANDERSON GIBSON ROAD
A 1h;'T --,20' WIDE ACCESS EASEMENT
LEASE .AREA 270- -'\
25'x23.66'
19
SITE
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HILTON HOTEL
LIMITED PARTNERSHIP
VOL IJ162, PG 496
VICINITY MAP
WO -T -id-SCALE
CASE NAME:
CASE NUMBER:
LOCATION: maHwY 7
MAYOR SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
DATE:
SHEET:.. . OF
APPROVAL DOES NOT AUTHORIZE
ANY WORK I
IN CONFLICT WITH ANY CODES OR I
ORDINANCES.
DEPARTMENT OF DMOPMEW
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D. R. T, C. r.
SITE PLAN
SCALE- I"= 30'
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PROPOSED PROPOSED
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