From
Chris Hartmann
Title
SU120801 - Specific Use Permit - 3549 S. State Highway 360 (City Council District 4). Approval of a Specific Use Permit for a fifteen foot (15') extension to an existing telecommunications tower. The subject property is currently zoned Planned Development District 37 (PD-37) and is located within the State Highway 360 (SH-360) Overlay District. The subject property is generally located east of S. State Highway 360 and north of Interstate Highway 20 West. The owner is American Tower, the applicant is Metro PCS, and the agent is Chris Mayo with Site Property Co. (On August 6, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0.)
Presenter
Bill Crolley, Director of Planning and Development
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Specific Use Permit for a fifteen foot (15') extension to an existing telecommunications tower. The subject property is currently zoned Planned Development District 37 (PD-37) and is located within the State Highway 360 (SH-360) Overlay District. The subject property is generally located east of S. State Highway 360 and north of Interstate Highway 20 West.
ADJACENT LAND USES AND ACCESS:
North - To the immediate north is vacant property zoned Planned Development District 224 (PD-224) for general retail and industrial park uses. All surrounding properties fall within the State Highway 360 (SH-360) Overlay District. Atrium Drive is about 1,200 feet to the north.
South - Immediately to the south is vacant land zoned Planned Development District 37 (PD-37) permitting retail, apartment, office and service uses. The closest street, Sara Jane Parkway, is about 800 feet to the south.
East - To the immediate east is vacant property that is zoned Planned Development District 37 (PD-37) and Single Family-Five (SF-5) District. Farther east is a residential subdivision that is part of the Forum Estates Public Improvement District #5 (PID #5). The closest single family residence is about 585 feet to the east of the site. North Fish Creek and FEMA floodplain intersect the property to the immediate east of the subject property.
West - Immediately west is the northbound frontage road for State Highway 360 (SH-360). The Grand Prairie city limit line runs concurrently with the western boundary line of the subject property.
PURPOSE OF REQUEST:
The subject property is within the State Highway 360 (SH-360) Corridor Overlay District, boundaries defined in Appendix L of the Unified Development Code (UDC). Development located within a corridor overlay district must meet the minimum requirements prescribed in the UDC for the property's underlying zoning district classification.
The zoning for the property is Planned Development District 37 (PD-37) for retail, apartment, office and service uses. According to UDC, Article 4 "Permissible Uses," telecommunication towers (cell towers) greater than 85 feet in height require a Specific Use Permit in commercial zoning districts. Telecommunication towers are also subject to the requirements of UDC, Article 24 "Wireless Telecommunications Facilities."
PROPOSED USE CHARACTERISTICS AND FUNCTION:
This request is for approval of a specific use permit on 0.4765 acres for a 15-foot extension to an existing 83-foot telecommunications tower. The existing monopole tower includes antennas for AT&T, Clearwire and T-Mobile. The 15-foot monopole tower extension will serve MetroPCS with six antennas mounted on 24-inch standoff T-arm mounts. The operational plan states that there are no regular hours of operation or employees located at this site. Maintenance will be performed from time to time, and there is no regular maintenance schedule.
An existing 40-foot by 50-foot lease area is located at the base of the tower. The lease area includes ground mounted equipment and is enclosed by an existing six-foot chain link fence. The lease area is located about 325 feet from the east right-of-way line for State Highway 360.
The site survey shows a 15-foot fence expansion for a 15-foot by 20-foot MetroPCS lease area. The expanded lease area will include an elevated steel equipment platform and will also be enclosed by chain link fence. The new cabinets will blend with the existing cabinets. According to UDC, Article 24, Section 24.4.4:
Ø Security fencing, if installed, shall be a wrought iron or steel chain link fence
not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping or other surroundings.
Access to the site will be from an existing gravel drive that is located on a 20-foot access easement. Since the gravel driveway has been in place since 1996, and the telecommunications ordinance was approved March 5, 2002, the existing condition is a legally nonconforming condition. The SUP ordinance includes additional provisions as follows:
Ø No signage, lettering, symbols, images or trademarks in excess of 200 square inches (1290 square cm) shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulation or other applicable law [UDC, Article 24, Section 24.4.6].
Ø No signals, lights or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA or other appropriate public authority [UDC, Article 24, Section 24.4.7].
Ø If no building permit is issued for an 85-foot tall monopole telecommunications tower within six months, or the use is discontinued for a period of six months or more, the Specific Use Permit shall automatically terminate.
Ø In the event the use of any wireless communication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned [UDC, Article 24, Section 24.4.8].
Ø A Knox lock shall be installed on any gates that restrict emergency access.
According to Article 24, "Wireless Telecommunications Facilities," of the Unified Development Code, telecommunication towers are not permitted in any residential zoning district and must be a minimum of a 3 to 1 distance to height ratio from a single-family residential district and 1 to 1 distance to height ratio from a multifamily district [UDC, Article 24, Subsection 24.5.2].
An appeal is required for the distance to height ratio due to adjacent property that is zoned Single Family-Five (SF-5) District, located to the northeast of the site. Staff can support the appeal since the property to the northeast is located within floodplain, and the nearest single family residence is located 585 feet to the east. This appeal would not be needed if the floodplain had an Agriculture (A) District or commercial zoning designation.
ZONING HISTORY:
The subject property is zoned Planned Development District 37 (PD-37) permitting retail, apartment, office and service uses. Historic zoning maps indicate that the subject property has retained this zoning classification since at least 1972. The site was annexed into the city on August 20, 1963 [Ordinance 1455].
CONFORMANCE WITH COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area for mixed uses. This use is in conformance with the Future Land Use Map of the Comprehensive Plan as adopted in November of 2010.
PROJECT'S VESTED STATUS:
The subject property is platted as the Hayman Addition, Block 1, Lot 1 [Volume A, Page 3074 PRTCT]. The plat was approved by the Planning and Zoning Commission in August 1996, and filed with Tarrant County in September 1996. The telecommunications tower facility was built soon after the plat filing. The site is vested to development standards in place as of August 1996.
DENSITY AND DIMENSIONAL IMPACTS:
A sampling of development requirements applicable to this site are highlighted in the attach.
REQUESTED APPEALS BY APPLICANT:
According to UDC, Article 24, "Wireless Telecommunications Facilities," telecommunication towers are not permitted in any residential zoning district and must be a minimum of a 3 to 1 distance to height ratio from a single-family residential district and 1 to 1 distance to height ratio from a multifamily district [UDC, Article 24, Section 24.5.2]. An appeal is required for the distance to height ratio due to adjacent property that is zoned Single Family-Five (SF-5) District, which is located to the northeast of the site.
RECOMMENDATION:
Since the applicant is requesting the above noted appeal, the Development Review Committee is not able to recommend full approval of this case. However, the property to the northeast is located within floodplain, and the nearest single family residence is located 585 feet to the east. This appeal would not be needed if the floodplain had an Agriculture (A) District or commercial zoning designation. Staff can support this request for specific use permit approval for a 98-foot telecommunications tower in a commercial zoning district.
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 FOR A SPECIFIC USE PERMIT FOR A FIFTEEN FOOT (15') EXTENSION TO AN EXISTING TELECOMMUNICATIONS TOWER, TO WIT: BEING LOT 1, BLOCK 1 OF THE HAYMAN ADDITION IN THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS, AND BEING ADDRESSED AS 3549 S. STATE HIGHWAY 360, SAID ZONING MAP AND ORDINANCE BEING NUMBERED AS 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 owner 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 to a Specific Use Permit for a Fifteen Foot (15') Extension to an Existing Telecommunications Tower; and
WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on August 6, 2012, 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 a Specific Use Permit for a Fifteen Foot (15') Extension to an Existing Telecommunications Tower 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 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for a Fifteen Foot (15') Extension to an Existing Telecommunications Tower; 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 August 21, 2012 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..."
being passed and approved on November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered 895 for the property location described as follows:
Being Lot 1, Block 1 of the Hayman Addition, in the City of Grand Prairie, Tarrant County, Texas, and being addressed as 3549 S. State Highway 360, and as shown on the approved site plan labeled as Exhibit 'A', which is incorporated herein by reference.
SECTION 2.
Specific Use Permit Conditions
FOR A FIFTEEN FOOT (15') EXTENSION TO AN EXISTING TELECOMMUNICATIONS TOWER. The following conditions are hereby established as part of this ordinance:
1. All operations on the subject property must conform to the City Council signed and approved ordinance and operational plan as provided in the final submittal under case number SU120801.
2. No signage, lettering, symbols, images or trademarks in excess of 200 square inches (1290 square cm) shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulation or other applicable law [UDC, Article 24, Section 24.4.6].
3. No signals, lights or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA or other appropriate public authority [UDC, Article 24, Section 24.4.7].
4. If no building permit is issued for an 85-foot tall monopole telecommunications tower within six months, or the use is discontinued for a period of six months or more, the Specific Use Permit shall automatically terminate.
5. In the event the use of any wireless communication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned [UDC, Article 24, Section 24.4.8].
6. Design engineer shall review the erosion control setback requirements and ensure that site plan and plat conform to the requirements.
7. Existing infrastructure installed with the previously abandoned project shall be inspected by the City and the contractor that installed the infrastructure, and to perform any walk-through for the City to accept the infrastructure. There is a bond in place currently for the infrastructure. If another contractor is selected, the owner or contractor shall replace the current maintenance bond with another bond that will cover the infrastructure installation prior to the Engineering Department issuing a Public Works Construction Permit.
8. A Knox lock shall be installed on any gates that restrict emergency access.
9. Since the gravel driveway, current facilities and chain link fence screening have been in place since 1996, and the telecommunications ordinance was approved March 5, 2002, the existing conditions are legally nonconforming conditions. The additional chain link fence does not significantly increase the nonconformity [UDC, Article 19 "Non-Conforming Development"].
10. Existing facilities must be maintained in good condition.
SECTION 4.
Compliance
All development must conform to the approved Site Plan labeled as Exhibit 'A', which is herein incorporated by reference.
1. The Specific Use Permit (SUP) shall automatically terminate in accordance with Section 5.4.1 of the Unified Development Code if no building permit is issued for a "Fifteen Foot (15') Extension to an Existing Telecommunications Tower" within one (1) year after City Council adoption of this Ordinance, or upon cessation of the use for a period of six (6) months or more.
2. Furthermore, by this SUP Ordinance, the Specific Use Permit shall automatically terminate if no certificate of occupancy is issued for a "Fifteen Foot (15') Extension to an Existing Telecommunications Tower" within six (6) months after the issuance of a building permit.
3. The operation of this site shall be in strict compliance with the requirements of this SUP Ordinance, the Unified Development Code, the City of Grand Prairie Code of Ordinances, city adopted building codes, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government.
SECTION 5.
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.
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 21ST day of AUGUST 2012.
SPECIFIC USE PERMIT NO. 895
CASE NO. SU120801
ORDINANCE NO. 9387-2012