Title
Consider/Discuss/Act on a Resolution Making Written and Evidentiary Findings Relative to the Denial of a Request from Hemphill, LLC, to Change the Zoning on Approximately 10.7 Acres of Land occupied by Furr Elementary School from PD - Planned Development District, Ordinance No. 2001-02-024, for an elementary school and a park to PD - Planned Development District with a Base Zoning of “GC”-Government Complex District and to Allow a Telecommunications Tower, at the Southeast Corner of Bluestem Drive and Hidden Haven Drive having a Street Address of 551 South Bluestem Drive, McKinney, Texas; and Providing for an Effective Date
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a strong city economy by facilitating a balance between industrial, commercial, residential, and open space)
MEETING DATE: August 17, 2021
DEPARTMENT: Development Services - Planning Department
City Attorney’s Office
CONTACT: Jennifer Arnold, AICP, Director of Planning
Kaitlin Sheffield, Planner II
Mark S. Houser, City Attorney
Alan D. Lathrom, Assistant City Attorney
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed Resolution making written and evidentiary findings relative to the City Council’s denial of a request from Hemphill, LLC, to change the zoning on approximately 10.7 acres of land from PD - Planned Development District , Ordinance No. 2001-02-024, for an elementary school and a park to PD - Planned Development District Uses with a base zoning of “GC”-Government Complex District uses and to Allow a Telecommunications Tower.
ITEM SUMMARY: The City Council, after a public hearing and consideration of all of the evidence provided, denied a zoning change request regarding a change in zoning that would have permitted the construction and operation of a cell tower during its meeting on July 6, 2021. The Telecommunications Act of 1996, requires a local government, when dealing with cell towers and telecommunications carriers to provide any such provider with a written decision by the local government in writing and supported by substantial evidence [47 U.S.C. § 332(c)(7)(B)(iii)] regarding the body’s decision. The attached Resolution provides compliance with that particular requirement of the Telecommunications Act of 1996.
BACKGROUND INFORMATION: At the July 6, 2021, City Council meeting, the City Council held a public hearing to consider a zoning change request from Hemphill, LLC, for an amendment to the zoning on approximately 10.7 acres of land occupied by Furr Elementary School (the “Furr Elementary Property”) from PD - Planned Development, Ordinance No. 2001-02-024, for an elementary school and a park to PD - Planned Development District Uses with a base zoning of “GC”-Government Complex District uses and to Allow a Telecommunications Tower, with a Stealth Monopole Design, at the southeast corner of Bluestem Drive and Hidden Haven Drive that is more commonly referred to as 551 South Bluestem Drive, Collin CAD ID # 2780828, in the City of McKinney (“City”). After the presentation of substantial evidence and testimony during the public hearing on the requested application to rezone the Furr Elementary Property, the City Council closed the public hearing and voted to deny the requested change in zoning that would have allowed the construction and operation of an eighty-foot (80’) tall cell tower on the Furr Elementary Property.
The Telecommunications Act of 1996, requires a local government, when dealing with cell towers and telecommunications carriers to provide any such provider with a written decision by the local government in writing and supported by substantial evidence [47 U.S.C. § 332(c)(7)(B)(iii)] regarding the body’s decision. The attached Resolution provides compliance with that particular requirement of the Telecommunications Act of 1996.
FINANCIAL SUMMARY:
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BOARD OR COMMISSION RECOMMENDATION:
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