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Item 5 - ZA15-149 SUP Zone SystemsCase No. ZA15-149 S T A F F R E P O R T February 17, 2017 CASE NO: ZA15-149 PROJECT: Specific Use Permit for Zone Systems, Inc. – Verizon Wireless EXECUTIVE SUMMARY: Zone Systems, Inc., on behalf of Verizon Wireless is requesting approval of a Specific Use Permit for Telecommunications Towers, Antennas, or Ancillary Structures on property described as Tracts 1F and 1G, Richard Eads Survey, Abstract No. 481 and Lots 11A and 11B, Oaks Addition, Southlake, Tarrant County, Texas; located at 1335 & 1361 E. Highland Street and 1009 N. Carroll Avenue, Southlake, Texas. Current Zoning: "CS" Community Service District and "AG" Agricultural District. SPIN Neighborhood # 3. DETAILS: The project is located on the southeast corner of the sport’s field on the Carroll ISD property at the southeast corner of N. Carroll Ave. and E. Highland St. The purpose of the proposed specific use permit is to allow the erection of a telecommunications monopole that is designed to replace an existing sport’s field lighting pole. The existing light pole is located approximately 10 feet from the property line to the south. The plan proposes an underground PVC conduit that will route the coax cables to an equipment compound which is proposed to be located approximately 175 feet east and 24 feet north of the proposed monopole location. The equipment compound is approximately 630 square feet; the compound will be enclosed by a solid masonry wall that will match the color and brick of the existing buildings. The applicant is proposing a shade canopy structure over the equipment compound that is approximately 9 feet 2 inches in height. The applicant has stated that the screening wall can be built at 10 feet in height in order to screen the view of the shade structure. The requirement for screening around the equipment compound is 8 feet. Site Data Summary Existing Zoning CS and AG Land Use Designation Office Commercial, Mixed Use and Retail Commercial Height of Existing Light Pole 72 ft Height of Proposed Monopole 95 ½ ft Equipment Compound 630 sq ft Total Lease Area 805 sq ft Department of Planning & Development Services Case No. ZA15-149 VARIANCES REQUESTED: The following variances have been requested in relation to the proposed specific use permit:  Variance to landscaping requirement under Zoning Ordinance No. 480, Section 45.7.d.8: The monopole tower is proposed to replace an existing light standard that is located approximately 10 feet from the southern property line which currently abuts residential property. The proposed equipment compound is located on the adjacent lot to the east that abuts a commercial lot to the south that has a significant existing tree buffer along the common property line. A landscape buffer of plant materials is required around tower facilities and any equipment buildings. Due to the proposed configuration, the existing conditions of the site and surrounding properties, the applicant is requesting relief from landscaping requirements.  Variance to parking requirement under Zoning Ordinance No. 480, Section 45.7.d.10.d: One (1) all weather surface parking space shall be provided on each site. The applicant is proposing an access easement that utilizes an existing driveway off E. Highland St. and continues down through the sports field area to the lease area. The applicant is requesting to keep the current condition of the site as much as possible and states the occasional access to the site will not require a separate parking space from the existing parking.  Variance to co-location requirement under Zoning Ordinance No. 480, Section 45.7.d.2.b: The proposed tower facility does not allow for additional providers due to the limited space available on the pole which also serves as a sports field light standard.  Variance to setback requirement under Zoning Ordinance No. 480, Section 45.7.d.7.a, c: o Towers shall be a minimum of 200 feet or 2:1 distance to height ratio, whichever is greater, from the property line of properties used for residential purposes.  The proposed location of the monopole is approximately 10 feet from the property line directly to the south and approximately 100 feet from the property line south of the first line. o Towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers.  The monopole is approximately 95 ½ feet in height. If the monopole should fall, it would not remain within the subject property boundary, however, the nearest habitable structure is approximately 108 feet away. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of the Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map Case No. ZA15-149 (C) Specific Use Permit Review Summary No. # 3, dated February 14, 2017 (D) Surrounding Property Owners Map and Responses Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative Link to Plans Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA15-149 Page 1 BACKGROUND INFORMATION OWNER: Carroll ISD APPLICANT: Zone Systems, Inc. / Verizon Wireless PROPERTY SITUATION: The subject property is located at 1335 & 1361 E. Highland Street and 1009 N. Carroll Avenue, Southlake, Texas. LEGAL DESCRIPTION: Tracts 1F and 1G, Richard Eads Survey, Abstract No. 481 and Lots 11A and 11B, Oaks Addition, Southlake, Tarrant County, Texas LAND USE CATEGORY: Office Commercial, Mixed Use and Retail Commercial CURRENT ZONING: “AG” – Agricultural District and “CS” – Community Service District HISTORY: Carroll Independent School District currently owns eleven (11) unplatted tracts and a platted lot divided into two (2) tracts by appraisal district records at the general subject location. City development records date back to 1984 when Carroll Intermediate School began evolving at this site. In 2002, the sports field lighting was permitted and installed for the purpose of Lacrosse. By 2007, Carroll Intermediate School had re-located and a portion of the buildings were occupied by CISD Administration as well as Southlake DPS temporarily. In 2012, Gateway Church and the King’s University occupied a portion of the buildings. And in 2013, Southlake Baptist Church moved onto the site and occupied a portion of the buildings. Currently, Southlake Baptist Church occupies most of the site, however, CISD Administration remains in one of the smaller buildings. Limited recorded activity was available on the subject properties directly related to the Specific Use Permit for this case which involved an Arts & Crafts store on Lot 11, Oaks Addition in 1987 (structure has been removed) and some Earth Disturbance and Tree permits during 2007. * A Specific Use Permit was approved by City Council on May 17, 2005 to allow a new telecommunications tower of a flag pole structure type to include equipment compound at the Carroll Senior High School property located on FM 1709 and Peytonville. In 2006, a Specific Use Permit was approved by City Council which allowed additional equipment cabinets and antennas on the existing pole. (See Planning Case ZA06-084) * A Specific Use Permit was approved by City Council on September 6, 2016 at the CISD property located on N. Carroll and E. Dove to allow a 95 foot sports field lighting pole to be replaced by a 115 foot monopole Case No. Attachment A ZA15-149 Page 2 and a 1,080 square foot equipment compound. Variances were approved regarding relief from landscaping and co-location requirements. (See Planning Case ZA15-148) SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The Southlake 2030 Consolidated Future Land Use Plan designates the subject property as Office Commercial, Mixed Use and Retail Commercial. The Future Land Use Plan defines Office Commercial as a commercial category designed and intended for the exclusive use of office and limited office-related activities. It is established for and will be allocated to those districts best suited for supporting commercial activity of an office character. It has been established to encourage and permit general professional and business offices of high quality and appearance, in attractive landscaped surroundings with the types of uses and design exterior appearance so controlled as to be generally compatible with existing and future adjacent and surrounding residential development. Properties with this designation may serve as a transition between established residential neighborhoods, major roadways, and retail development. The range of activities permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Typically, the Mixed Use designation is intended for medium- to higher-intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance-free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories. The Retail Commercial category is a lower- to medium-intensity commercial category providing for neighborhood-type retail shopping facilities and general commercial support activities. It is intended to provide limited local retail and/or office uses which serve neighborhoods in close proximity. It is intended that all uses in this category will be compatible with adjacent single family uses, thereby maintaining the character and integrity of existing neighborhoods. This category is intended to encourage comprehensively planned developments. In areas where the Retail Commercial designation is adjacent to residentially zoned properties or areas with a residential designation on the Land Use Plan, lower intensity activities such as office or office- Case No. Attachment A ZA15-149 Page 3 related uses should be planned adjacent to the residential uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, and Office Commercial categories. Mobility Master Plan The subject property can be accessed by East Highland Street which is described as an 88 foot 4-lane divided arterial roadway. The proposed compound will be accessed from an internal 15 foot access easement as shown on the submitted site plan. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed specific use permit does not affect any existing roadway conditions. TREE PRESERVATION: The proposed specific use permit does not affect any existing trees. CITIZEN INPUT: A SPIN meeting was held for this project August 23, 2016. Link to SPIN Report STAFF COMMENTS: Attached is Review Summary No. # 3, dated February 14, 2017. Variance Criteria -At the time of review of any required Concept Plan, the City Council may grant variances to the development standards set forth in Section 45. a) To receive a variance, the applicant must demonstrate the following: i) A variance will reduce the impact of the project on surrounding residential properties; ii) Compliance with this ordinance would impair the architectural design or creativity of the project; or iii) A variance is necessary to assure compatibility with surrounding developed properties. b) In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self -imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. c) If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. Approval Criteria for Specific Use Permits - In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors: a. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. b. Safety from fire hazard, and measures for fire control. Case No. Attachment A ZA15-149 Page 4 c. Protection of adjacent property from flood or water damage. d. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. e. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. f. Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. g. Adequacy of parking, as determined by requirements of this chapter for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust. h. Such other measures as will secure and protect the public health, safety, morals and general welfare. i. City Council may grant variances to specific regulations associated with a specific use set forth in Sections 45. To receive a variance, the applicant must demonstrate one of the following (As amended by Ordinance No. 480-MMMM): (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. Case No. Attachment B ZA15-149 Page 1 VICINITY MAP Case No. Attachment C ZA15-149 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA15-149 Review No.: Three Date of Review: 02/14/17 Project Name: Specific Use Permit – 1101 N. Carroll Avenue APPLICANT: Zone Systems, Inc. OWNER: Carroll ISD Peter Kavanagh Matt Miller 1620 Handley Drive 2400 N. Carroll Avenue Dallas, TX Southlake, TX 76092 Phone: 214-941-4440 Phone: 817-949-8210 Email: peterk@zonesystems.com Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/20/17 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SPECIFIC USE PERMIT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner I Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. Provide proposed monopole exhibits that have been signed and sealed by appropriate licensed professional(s). The applicant has indicated that professionally sealed plans will be provided at permit stage. 2. Provide distance labels on the site plan to the nearest residential property line (towers shall be a minimum of 200 feet or 2:1 distance to height ratio, whichever is greater) AND to the actual nearest existing home. Towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets, utility lines and other telecommunication towers. The applicant has requested a variance to the setback requirement. The existing light pole is approximately 10 feet from the residential property line to the south. The proposed monopole will be located in the same place. 3. Provide a detailed landscape plan. The applicant has requested a variance to the landscaping requirement. 4. Provide one (1) all weather surface parking space to serve the site. The applicant has requested a variance to this requirement. 5. The proposed monopole facility does not provide for co-location for other carriers. The applicant has requested a variance to this requirement. 6. Because the proposed location lies within a commercial flight path, provide documentation of FAA approval for your proposed location. A document was provided for ZA15-148 but was not included with this application. Case No. Attachment C ZA15-149 Page 2 Informational Comments: * A SPIN meeting was held August 23, 2016. * Each backhaul provider shall be identified and have all necessary franchises, permits, and certificates. The identity of other providers who co-locate to the site and their backhaul providers shall be provided as well. * No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on, or affixed to, any part of a telecommunications tower, platform, antenna or ancillary structure. * All construction shall comply with all ordinances of the city not in conflict with Section 45. * In addition to the usual application fees for rezoning or specific use permit requests, the applicant shall reimburse the city the actual cost of professional services, provided by an engineer or other professional that may be required to review the application and provide expertise. * If high voltage is necessary, signs shall be posted every 20' on any exterior fencing which state, “Danger--High Voltage.” The operator shall also post “No Trespassing” signs. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Masonry materials shall mean and include brick, stucco, plaster, cement, concrete tilt wall, stone, rock or other masonry material of equal characteristics. Stucco and plaster shall only be considered a masonry material when applied using a 3-step process over diamond metal lath mesh to a 7/8th inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability specifications. Synthetic products (e.g., EIFS –exterior insulation and finish systems, hardi plank, or other materials of similar characteristics) shall not be considered a masonry material. * Prior to permit approval and issuance, provide the city with a certificate of insurance, issued by an insurance company licensed to do business in the state of Texas indicating that the applicant carries comprehensive general liability insurance with limits of liability thereunder of not less than: bodily injury: $500,000 for injury to any one person and $1,000,000 for all injuries sustained by more than one person in any occurrence; property damage: $1,000,000 for damage as a result of any one accident. The applicant shall provide the city with a renewal certificate within then (10) business days of each renewal. Any insurance required to be provided by the applicant herein may be provided by a blanket insurance policy covering this property and other locations occupied by the applicant, provided such blanket insurance policy complies with all of the other requirements as to the type and amount of insurance required. The applicant may also fulfill the requirements under this section through a program of self- insurance, subject to approval by the city, which approval shall not be unreasonably withheld. If the applicant elects to self-insure, then the applicant shall furnish the city with a letter stating that there is a self-insurance program in effect that provides for the same, or greater, coverage than required of the applicant herein. The applicant agrees to furnish the city with certificate of insurance certifying that the applicant has in force and affect the above specified insurance. Case No. Attachment C ZA15-149 Page 3 The certificate and renewal certificates shall provide that insurance shall not be canceled or changed unless 30 days’ prior written notice is just given to the city. * Variances -At the time of review of any required Concept Plan, the City Council may grant variances to the development standards set forth in Section 45. a) To receive a variance, the applicant must demonstrate the following: iv) A variance will reduce the impact of the project on surrounding residential properties; v) Compliance with this ordinance would impair the architectural design or creativity of the project; or vi) A variance is necessary to assure compatibility with surrounding developed properties. b) In order to grant a variance, the City Council must determine that a literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty for the applicant; that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties; and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. c) If a variance application is denied by the City Council, no other variance of like kind relating to the same project or proposed project shall be considered or acted upon by the City Council for a period of six (6) months subsequent to the denial. * Denotes Informational Comment Case No. Attachment D ZA15-149 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Address Acreage Response 1. XARIS INVESTMENTS LTD C3 1050 E SH 114 2.11 NR 2. NEC CARROLL & 114 LTD PRTNSHP AG 1201 CASEY CT 0.32 NR 3. SCHULZ, EDWIN R AG 1213 CASEY CT 0.29 NR 4. NEC CARROLL & 114 LTD PRTNSHP AG 979 N CARROLL AVE 0.19 NR 5. SCHENK, JOEL SF1-A 1075 CASEY CT 0.38 NR 6. JOHNSON, DEBORAH BOHANNON ETAL AG 1033 CASEY CT 0.43 NR 7. COLLINS, TED SF1-A 997 CASEY CT 0.42 NR 8. CARROLL, ISD AG 1375 E HIGHLAND ST 0.70 NR 9. GATEWAY CHURCH NRPUD 1301 E KIRKWOOD BLVD 0.23 NR 10. GATEWAY CHURCH NRPUD 700 BLESSED WAY 82.01 NR 11. CARROLL, ISD AG 1349 E HIGHLAND ST 1.60 NR 12. CARROLL, ISD CS 1301 E HIGHLAND ST 1.80 NR 13. CARROLL, ISD CS 1.59 NR 14. CARROLL, ISD CS 1101 N CARROLL AVE 4.63 NR 15. CARROLL, ISD AG 1009 N CARROLL AVE 0.43 NR 16. SOUTHLAKE, CITY OF AG 0.13 NR 17. SOUTHLAKE, CITY OF AG 1371 E HIGHLAND ST 0.26 NR 18. SOUTHLAKE, CITY OF AG 0.26 NR 19. SOUTHLAKE, CITY OF AG 0.15 NR 20. CARROLL ROAD BAPTIST CHURCH CS 1280 E HIGHLAND ST 7.19 NR 21. D'SOUZA, ADAM SF1-A 1200 BLYTHE LN 0.92 NR 22. CARROLL ROAD BAPTIST CHURCH CS 1282 E HIGHLAND ST 1.03 NR 23. MEDICA HEALTH MANAGEMENT INC SP1 1110 N CARROLL AVE 0.70 NR 24. CARROLL, ISD CS 0.73 NR 25. CARROLL, ISD CS 1301 E HIGHLAND ST 0.32 NR 26. CARROLL, ISD AG 1379 E HIGHLAND ST 0.77 NR 27. GATEWAY CHURCH SP1 1200 E SH 114 6.78 NR 28. CARROLL, ISD CS 1335 E HIGHLAND ST 3.92 NR Case No. Attachment D ZA15-149 Page 2 29. CARROLL, ISD AG 1361 E HIGHLAND ST 1.04 NR 30. CARROLL, ISD CS 0.76 NR 31. STEELE, CRYSTAL M EST AG 1212 CASEY CT 0.32 NR 32. CARROLL, ISD AG 0.64 NR 33. MOSS, RICHARD B SP1 1011 N CARROLL AVE 0.61 NR 34. NEC CARROLL/114 ADJACENT LAND C1 985 N CARROLL AVE 0.26 NR Notices Sent: Eighteen (18) Responses Received: None