From
Chris Hartmann
Title
SU180605/S180604 - Specific Use Permit/Site Plan - Verizon Wireless Cell Tower (City Council District 5). Specific Use Permit to erect an 82 foot monopole tower at 202 W Tarrant Road. Tract 3, Michael Farrans Survey, Abstract No. 469, City of Grand Prairie, Dallas County, Texas, 4.89 acres zoned PD-217 within the Belt Line Overlay District, approximately 450 north of the intersection of Stadium Drive and W Tarrant Road and addressed as 202 W Tarrant Road. The applicant is Peter Kavanagh, Zone Systems, Inc. and the owner is Madie Vernon, First Christian Church. (On June 4, 2018, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0).
Presenter
David Jones, AICP, Chief City Planner
Recommended Action
Approve with modifications
Analysis
SUMMARY:
Specific Use Permit to erect an 82 foot monopole tower. Tract 3, Michael Farrans Survey, Abstract No. 469, City of Grand Prairie, Dallas County, Texas, 4.89 acres zoned PD-217 within the Belt Line Overlay District, approximately 450 north of the intersection of Stadium Drive and W Tarrant Road and addressed as 202 W Tarrant Road.
ADJACENT LAND USES AND ACCESS:
North - PD-217, undeveloped; Interstate 30 is approximately 561 feet from the proposed site
East - PD-217, developed as GP High School
South - PD-217, developed as First Christian Church (across Tarrant, zoned GR, MF-2)
West - PD-217, developed as trade organization facility
PURPOSE OF REQUEST:
The applicant proposes to erect and operated an 82 foot monopole tower for wireless communications facilities. Within the Belt Line Overlay Corridor/PD-217, cellular communications towers may only be approved by Specific Use Permit.
The proposed tower and associated equipment enclosure would occupy a lease area measuring approximately 20 feet by 35 feet in size (approximately 875 square feet) in the northeast quadrant of the site. The tower would be set back approximately 53 feet from the current right of way. The future construction of Stadium Drive to the I-30 frontage road could require right of way dedication which could ultimately reduce the setback.
A 14 foot access drive is shown running from the existing church driveway to the south side of the equipment enclosure. The proposed enclosure is an 8 foot masonry wall.
Staff has requested that the applicant relocate the cell tower to the west side of the site to preserve frontage along future Stadium Drive for future development.
VARIANCE:
Section 24.3.2 of the Unified Development Code requires that Planning Commission grant an exception to construct a wireless telecommunications facility, including towers and related equipment buildings, on an unplatted lot.
RECOMMENDATION:
At its June 4, 2018 meeting, the Planning and Zoning Commission voted 8-0 to recommend approval as presented by the applicant.
DRC recommends approval of this Specific Use Permit subject to the following conditions:
1. That the applicant submit analysis showing other possible locations to the west and south on the site which would fulfill Verizon’s service requirements and also allow the tower and access road to sit behind projected future development on Stadium Drive;
2. That the applicant plat the property or establish an access easement from Stadium Drive to the lease space prior to operation.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY TO ALLOW A SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS TOWER ON 4.89 ACRES OUT OF THE MICHAEL FARRANS SURVEY, ABSTRACT NO. 469, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to amend the zoning designation of said site for a Specific Use Permit for a Cellular Communications Tower in the Belt Line Overlay District; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on June 4, 2018, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of Specific Use Permit for a Cellular Communications Tower in the Belt Line Overlay District; is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and
WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend approval to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Cellular Communications Tower in the Belt Line Overlay District; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on June 19, 2018 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1.
That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled:
"THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..."
and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 1050 for the property location described in Exhibit A - Location Map, which are incorporated herein by reference.
SECTION 2: Specific Use Permit
FOR CONSTRUCTION AND OPERATION OF A CELLULAR COMMUNICATIONS TOWER IN THE BELT LINE OVERLAY DISTRICT.
That, the development shall conform to the City Council approved Letter of Intent (Exhibit B) and the City Council approved Site Plan (Exhibit C - Tower Location), with the following provisions:
1. Equipment screening wall shall be a minimum of 6 feet tall and constructed of masonry material equivalent to the brick used on the sanctuary façade of the church located at 202 W. Tarrant Road;
2. Any new driveway on the property that is built to serve the Cellular Communications tower shall be constructed of concrete;
3. In lieu of platting of the property prior to construction of the Cellular Communications Tower, the operator shall furnish evidence in the form of a county recording instrument showing the establishment of an access easement through the property connecting to a public street
SECTION 3: Compliance
That, all development must conform to the approved conditions of the Specific Use Permit:
1. By this SUP Ordinance, this Specific Use Permit shall automatically terminate if a Building Permit is not issued for a Cellular Communications Tower; within twelve (12) months after City Council adoption of this Ordinance.
2. This Specific Use Permit shall run with the land and therefore may be transferred from owner to owner.
3. The Certificate of Occupancy shall note the existence of this Specific Use Permit by its SUP number and title.
SECTION 4: Abandonment
That, in the event the use of the Cellular Communications Tower as described in Exhibit C (hereinafter referred to as the “Tower”) has been discontinued for a period of 360 days or longer, the Tower shall be deemed to be abandoned. Determination of the date of abandonment shall be the responsibility of the Building Official. The Building Official shall have the right to request documentation from the owner/operator regarding the issue of Tower usage within the applicable 360 day period.
That, if the Building Official determines the Tower has been abandoned for at least 360 days, the Building Official shall provide notice to the owner/operator the abandonment clause has been applied. Upon receipt of notice from the Building Official, the owner/operator of the Tower shall remove the Tower within 90 days. If the Tower is not removed within 90 days, the Building Official may cause the Tower to be removed at the owner’s expense.
SECTION 5.
That, it is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance.
SECTION 6.
That, all ordinances or parts of ordinances in conflict herewith are specifically repealed.
SECTION 7.
That this Ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS the 19th of june, 2018.
ORDINANCE NO. 10489-2018
SPECIFIC USE PERMIT NO. 1050
ZONING CASE NO. SU180605/S180604