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HomeMy WebLinkAboutItem 07 - SU02-03 Cingular WirelessCC., ITEM # 7 , 31 Azt 9 TO: HONORABLE MF OR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGEf H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: NOVEMBER 19, 2002 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION SU02-03 I 1 F-7 I -'--------------I- �— Grapevine ooye Lake 5 APPLICANT: Peter Cavanaugh I I I � s ��a I.H.I635 _ � Alnrlhweef �Ig , I S DFW ; I Hall -Johnson ?"S Airport � a I Glade Rd. a I O PROPERTY LOCATION AND SIZE: The subject property is located at 1501 Gaylord Trail and is platted as Lot 1, Block 1, Opryland Addition. The property contains approximately 52.254 acres. REQUESTED SPECIAL USE AND COMMENTS: The applicant is requesting a special use permit to allow the establishment of a temporary 80 -foot cellular antenna pole with attached array and associated equipment at the antenna base. Cingular Wireless proposes to locate a temporary 80 -foot wooden antenna pole and associated trailer -mounted equipment in the far northwest corner of the Opryland Hotel site to service Cingular Wireless customers in the immediate vicinity. Upon completion of the hotel, it is the intent of Cingular Wireless to remove the temporary antenna and associated trailer -mounted equipment and submit another special use request to permanently mount an antenna array and equipment on the roof of the hotel. 0:\ZCL1\SLl02-03.4 1 November 9, 2002 (8:28PM) PRESENT ZONING AND USE: 0111; The subject property is currently zoned "PCD" Planned Commerce Development District and is under development. The subject property was zoned "R-1" Single -Family Dwelling District prior to the 1984 City Rezoning. A Specific Use Permit (Ord. 77-12) was approved by Council on March 1, 1977 for a health care center but was never developed. The property has remained undeveloped. A conditional use permit (CU99-69) was approved by Council on this site at the December 21, 1999 meeting which allowed for a planned commercial center with the possession, storage, retail -sale and on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in conjunction with a 1,600 room hotel and 301,303 square foot convention center. The site was reconsidered at the February 20, 2001 meeting (CUO I - 05) and allowed for a revision to the parking layout and established a room count of 1,503 rooms in the Opryland Hotel. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: -"GU"Govemmental Use District—Grapevine Lake SOUTH: "GU" Governmental Use District and "R-7.5" Single Family District— Grapevine Lake, The Woods single family subdivision EAST: "GU" Governmental Use District—Grapevine Lake WEST: "GU" Governmental Use District, "R-7.5" Single Family District, and "CN" Neighborhood Commercial District—Grapevine Lake, Lakewood Acres single family subdivision, and the former Grapevine Steakhouse now occupied by the Grapevine Elks Lodge. The subject tract is located within both "Zone A" Zone of Minimal Effect and "Zone B" Zone of middle effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In "Zone A," few activities will be affected by aircraft sounds except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. In "Zone B" the following uses may be considered only if sound treatment is included in building design: multifamily 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 both of these noise zones. 01ZCLASU02-03.4 2 November 9, 2002 (8:28PM) 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. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Ruth Wall as a Type E Collector with a minimum 75 - foot right-of-way developed as four lanes. /rs 0AZCLNSL)02-03-4 3 November 9, 2002 (8:28PM) fit Jv� 1 0 ?o P/ A A. �2 v RECEIVE '%...� the sne pan suoRHSSfuri blimr uravr ura ra uu ou,vnw �• .+��••�•• -•. —••- • --•• • •- -- ------ --- LANNINs,, VIDE. 2 x A 6 CITY OF GRAPEVINE SPECIAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant / agent. Zone S stems, Inc. Street address of applicant /agent: 1620 Handley -f Suite A 0/State I Zip Code of applicant l agent: Dallas, TX 75208 Telephone number of applicant / agent: vex number of applicant/ agent: 214-941-4440 2,t4 4yv4 (Qg v ad a jv 214-941-5259 Applicants Interest In subject property: Representing Cingular Wireless' plan to locate cellular facilities here. PART 2. PROPERTY INFORMATION Street address of subjed property 1507 Gaylord Trail Legal description ofsubject property (metes 8 bounds must be described on 8 1/2" x 11'sheeQ see attached n a of subject property .0092 Acres 400 S uare rootage Present zoning classification: Proposed use of the property: cellular antenna monopole with mobile equipment bldg. Minimum /maximum district size forspeclal use request: zoning ordinance -- WsWon requiting a special use: Section 49 B. PART 3. PROPERTY OWNER INFORMATION Name of current property owner. Opryland Hotel - Texas Limited Partnership Suver address of property owner. 1507 Gaylord Trail City/State I ZJp Cade of property owner. Grapevine, TX 76051 Telephone number of property owner. Fax number of property owner.- wner:615-316-6846 615-316-6846 615-316-6898 ❑ 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 dls(dd 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 orenjoyment of other property in the neighborhood. ❑ Appricatlon of site plan approval (Section 47, see attached Form 'B7. _.. .- . _ r __ _ _. •� _ ....I -_.......J. wI C�w/1nw /i ofle clan aAnJJrroMAnk '%...� the sne pan suoRHSSfuri blimr uravr ura ra uu ou,vnw �• .+��••�•• -•. —••- • --•• • •- -- ------ --- JUL IOi 060d UIiZ*( t -N UHTLL"I) NUi— Z) U. - •t*•• --- __ "- '---"... la—Al condkionat use and specie use eppHceHons are assumed to be complete when tged and wiG be placed on the agenda for public hearing of the drscmtion of the staff Based on the size of the agenda, your appfication may be scheduled to a later date. * AN pubic hearfngs wftf be opened and tesdmony given by appficents end interested a tenry. Public haarfngs may be continued to the next pubUc heolfng. Pubfic heafirtgs wttt not be tabled ® Any changes to a sfte plan (no matter how minor orma/ot) approved with a conttNtonat use orspeNa! use pemtit can only be approved by city councH through the pubQc hearing process - 0 t have read and understand aH Elie requftements as set" by the application tbrconcltional use orspecial use pam* and acknowledge that all uiremenfS of this apprketion have been met st the time ofsubmittal. PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL US REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name: cant' Ig furs: Peter Kavanagh The State Of Texas County of Dallas— Son" Mei�L� on this day personaly appeared (notary) (applicant) turown to me (or proved to me on the oath of card or other document) to be the person whose name is subscn'bed to the foregoing Instrument and adwowredged to me that he executed the same fortpe purposes and cansHon therein expressed. (Seal) Given under my hand and seat of office this day of , A -Q, . AItNA SAfxCNR •;' as Katuy PUNIC, State of Texas Notary In And For State Of T ik Qpptbat` Print Property owners Name: Pro WY ownlees signature: David M. Breeding, AIA The state Of --RE -�—f coumyof TAyto: onl ,) on this day personaly appeared Before Ma 17It% / t (notary) LR (property owner? latown to me (or proved to me on the oath of card or other document] to be the person whose name Is subscribed to the foragoing instrument and acknowledged to me that he executed the same for the purposes and consfdernUooZ— NT(ary n therein expressed. (Seat) Given under my hand and seal of office this day of _ 12� .,te Of Texas 3 !RE C;:I'�r7 ACKNOWLEDGEMENT ,1111 o s zooz 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 mirror 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 riling 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. 1 have read and understand all of the requirements as set forth by the application for "w 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:.- 77 - Signature of Owner Date: 19"1-07-49Z s ** TOTAL PAGE.06 ** ZONE SYSTEMS, INC. C ' Jill 0 8 7f+'"/ P L ii 1N1 N'.rl July 8, 2002 Development Services City of Grapevine 200 South Main Street Grapevine, Texas 76051 Re: Proposed cellular antenna installation 1507 Gaylord Trail Greetings: Cingular Wireless in cooperation with Gaylord Entertainment proposes to locate antenna facilities in the new Opryland complex. Initially, the proposal is to locate a temporary pole and temporary equipment shelter on the property. After the complex hotel is completed the antennas will be moved to the roof of the complex hotel. The need for the antenna facility is immediate therefore this request is being made now to accommodate the current need for the facilities. When the new building is completed then a SUP request will be made to locate the antennas on the building and provide a permanent location for the equipment shelter. The pole holding the antennas will be a wood telephone pole. The pole will be used only until the building is ready for location of antennas on the roof. When the building is near completion and the exact location for the antennas is determined then a SUP request will be made to locate the antennas on the building. The equipment that is the subject of this request will be removed. Please call me if you have any questions about our request. Sincerel , Peter Kavanagh 1620 HANDLEY DRIVE, SUITE A 0 DALLAS, TEXAS 75208 0 (214) 941-4440 ° FAX (214) 941-5259 I LmmY NJ GU M -i6 Ar. • GU Rf1 GU NA of GU M R1 RIR GU .p < 1 PCD RR PCD SU02--03 Czngular Wireless GU 1 4WOO-271 VM1-16 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 SU02-03 TO ALLOW A TEMPORARY 80 -FOOT CELLULAR ANTENNA POLE WITH ATTACHED ARRAY AND ASSOCIATED EQUIPMENT IN A DISTRICT ZONED "PCD" PLANNED COMMERCE 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 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 particular piece of property is needed, is called for, and is in the best interest of the public at large, ORD. NO. 2 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 SU02-03 to allow a temporary 80 -foot cellular antenna pole with attached array and associated equipment at the antenna base (Cingular Wireless) in a district zoned "PCD" Planned Commerce Development District under City of Grapevine Ordinance No. 82 -73 within the following described property: Lot 1, Block 1, Opryland Addition (1501 Gaylord Trail), 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. M 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 November, 2002. ATTEST: ORD. NO. 4 AREA MAP NORTH N T,6, F— "D 'c' -,'F-0FT VICINITY MAP NORTH N.T.S. tiED -4W V, LEGAL DESCRIPTION LEASE -rEl, SElf- o t,. , f -1 c,t,cL,,d , I., Sen,nd F-1,.- --Y. A� 0, d N � " Cr, f 0 p---, T C-,ty, T,,- ^ t t-N� th '�Op , ­ �d ,�Xt-, - ddt- �,- Ll, CJ, -� 41-m C;�-G, T,� ,, cc, N the ,p �, OCa ct th,-f -,,ded , b,-1 A. 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