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Item 9 - ZA17-031 SUP Verizon Wireless MonopoleCase No. ZA17-031 S T A F F R E P O R T April 13, 2017 CASE NO: ZA17-031 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 Lot 1, Block 1, Carroll ISD No. 3 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2400 N. Carroll Avenue, Southlake, Texas. Current Zoning: “CS” Community Service District. SPIN Neighborhood #2. DETAILS: This application was previously approved September 6, 2016 under city case ZA15-148, however, since no building permits were issued and construction commenced prior to the six month deadline, the specific use permit expired (Ord. 480, Section 45.4.b). The details of this request are exactly the same as what was previously requested and approved by City Council last September. The project is located next to the west-side bleachers of the sport’s field (old Dragon’s stadium) on the Carroll ISD property at the northwest corner of N. Carroll Ave. and E. Dove Rd. 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 application includes an approximately 1,080 sq ft equipment compound. Site Data Summary Existing Zoning CS Land Use Designation Public / Semi-Public Height of Existing Light Pole 95 ft Height of Proposed Monopole 115 ft Equipment Compound 1,080 sq ft VARIANCES REQUESTED: The following variances are requested in relation to the proposed specific use permit:  Variance to landscaping requirement under Zoning Ordinance No. 480, Section 45.7.d.8: The proposed tower facility is located on property that abuts residential property to the west and north. A landscape buffer of plant materials around the facility is required. Since the facility is approximately 400 feet from the nearest residential property line, the applicant is requesting relief from this requirement. Department of Planning & Development Services Case No. ZA17-031  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. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of Specific Use Permit ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Specific Use Permit Review Summary No. #1, dated April 11, 2017 (D) Surrounding Property Owners Map and Responses (E) 11 x 17 site plan Link to PowerPoint Presentation Link to Narrative Link to Plans STAFF CONTACT: Ken Baker (817) 748-8067 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA17-031 Page 1 BACKGROUND INFORMATION OWNER: Carroll ISD APPLICANT: Zone Systems, Inc. / Verizon Wireless PROPERTY SITUATION: The subject property is located at 2400 N. Carroll Avenue, Southlake, Texas. LEGAL DESCRIPTION: Lot 1, Carroll ISD Addition 3, City of Southlake, Tarrant County, Texas. LAND USE CATEGORY: Public / Semi-Public CURRENT ZONING: “CS” – Community Service District HISTORY: - A single-lot Plat Showing was processed by staff in 1999 under Planning Case ZA99-048. - A Site Plan was approved by City Council on April 17, 1999 under Planning Case ZA99-059. - An Amended Plat was processed by staff in 2001 under Planning Case ZA01-003. - A Specific Use Permit was approved by City Council on September 6, 2016; approving the requested variances regarding landscaping and co-location requirements under Planning Case ZA15-148. * 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) SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The Southlake 2030 Consolidated Future Land Use Plan designates the subject property as Public Parks/Open Space. The Future Land Use Plan defines Public Parks/Open Spaces as public areas designated for active and passive recreation, such as parks and athletic complexes, and public open space for the preservation of the scenic vistas and natural vegetation of the City. This Land Use Plan depicts only existing Public Parks/ Open Space facilities; potential Public Parks/ Open Space sites are illustrated in the Parks, Recreation, and Open Space Master Plan. Case No. Attachment A ZA17-031 Page 2 Mobility Master Plan The subject property can be accessed by North Carroll Avenue which is described as a 70 foot 2-lane undivided collector roadway; and East Dove Road which is described as an 88 foot 2-lane undivided arterial roadway. The proposed compound will be accessed from North Carroll and an internal lessee access and utility 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 December 8, 2015. STAFF COMMENTS: Attached is Review Summary No. #1, dated April 11, 2017. Zoning Ordinance No. 480, Section 45.7.d.8: 8) Landscaping and Screening The following requirements shall govern the landscaping surrounding towers; however, in locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced. a) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. Mitigation of any tree removal shall be in accordance to the Tree Preservation Ordinance, as amended. b) Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Any fence constructed in accordance with this section shall provide a knox box or other entry device for public safety access per the requirements of the Fire Marshal. c) Where abutting residentially used land, residentially zoned property, public land or public streets, or land designated as low or medium density residential on the city’s Land Use Plan, the applicant shall provide a screening plan showing the existing tree coverage of the impacted area and the placement of plantings as required in a “F2” bufferyard (as a minimum) as described in Section 42 of this ordinance. Case No. Attachment A ZA17-031 Page 3 Zoning Ordinance No. 480, Section 45.7.d.2.b: A telecommunication tower must be 1) used by two or more wireless telecommunications providers; or 2) designed and built so as to be capable of use by two or more wireless telecommunications providers and the owner of the antenna must certify to the City that the tower is available for use by another wireless telecommunications provider on a reasonable and non-discriminatory basis. Variance Criteria for Telecommunications Towers -At the time of review of any required Concept Plan, the City Council may grant variances to the development standards set forth in this Section. 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. 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 Case No. Attachment A ZA17-031 Page 4 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 45- 10 (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 ZA17-031 Page 1 VICINITY MAP Case No. Attachment C ZA17-031 Page 1 SPECIFIC USE PERMIT REVIEW SUMMARY Case No.: ZA17-031 Review No.: One Date of Review: 04/11/17 Project Name: Specific Use Permit – 2400 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 3/21/17 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 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. The proposed monopole does not allow for additional providers which is a requirement under Ord. 480, Section 45.7.d.2.b. The applicant has requested a variance to the co-location requirement. 3. Provide a detailed landscape plan. The applicant has requested a variance to the landscaping requirement. Informational Comments: * 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. Case No. Attachment C ZA17-031 Page 2 * 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. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * 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. 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 Case No. Attachment C ZA17-031 Page 3 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 ZA17-031 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Address Acreage Response 1. Ogden, Ryan J SF1-A 2603 S Quail Run Ct 1.02 NR 2. Halbrooks, Christopher T SF1-A 2604 S Quail Run Ct 1.02 NR 3. Logan, Mark SF1-A 2602 N Carroll Ave 1.05 NR 4. Tacker, Paul W RPUD 2603 N Carroll Ave 0.61 NR 5. Sewell, Deryl R SF1-A 2601 S Quail Run Ct 1.20 NR 6. Gonser, Christopher SF1-A 955 E Dove Rd 1.97 NR 7. Southlake, City Of CS 2300 N Carroll Ave 0.10 NR 8. Moore, Wynne P RPUD 2601 N Carroll Ave 0.60 NR 9. Nandha, Taranb S SF1-A 1100 Taylor St 0.90 NR 10. Zipfel, Thomas J SF1-A 1120 Taylor St 1.26 NR 11. Walton, Daron SF1-A 2409 N Carroll Ave 1.11 NR 12. Herrera, Antonio SF1-A 2407 N Carroll Ave 1.11 NR 13. Rumpler, Stephen SF1-A 2405 N Carroll Ave 1.12 NR 14. Dragon Rent Llc SF1-A 2403 N Carroll Ave 1.11 NR 15. Cotton, Billy SF1-A 2401 N Carroll Ave 1.12 NR 16. Trinh, Bryan SF1-A 1150 E Dove Rd 1.33 NR 17. Gist, Greg L SP1 2379 N Carroll Ave 0.93 NR 18. Miller, Michael SF1-A 1055 E Dove Rd 2.35 NR 19. Shah, Sanjiv RPUD 1004 Winfield Ct 0.44 NR 20. Williamson, James T RPUD 1001 Winfield Ct 0.50 NR 21. Lowenstein, Greg AG 925 E Dove Rd 1.57 NR 22. Anderson, Steven SF1-A 975 E Dove Rd 1.99 NR 23. Martinez, Alexander SF1-A 2600 N Carroll Ave 1.00 NR Case No. Attachment D ZA17-031 Page 2 24. Thane, John SF1-A 2600 S Quail Run Ct 1.05 NR 25. Hutchinson, Mark A SF1-A 2602 S Quail Run Ct 1.23 NR 26. Harris, Todd J SF1-A 1005 Quail Run Rd 2.00 NR 27. Gonzalez, Rachel RPUD 2404 Oak Bend Ct 0.51 NR 28. Kolb, Michael RPUD 2412 Oak Bend Ct 0.53 NR 29. Hargrove, Matthew RPUD 2408 Oak Bend Ct 0.47 NR 30. Oak Bend Of Southlake Hoa RPUD 2350 Oak Bend Ct 1.14 NR 31. Oak Bend Of Southlake Hoa RPUD 2351 Oak Bend Ct 0.41 NR 32. Faulkner, Marty RPUD 2420 Oak Bend Ct 0.48 NR 33. Carroll, Isd CS 2400 N Carroll Ave 28.22 NR 34. Wilson, Lawrence RPUD 2517 Oak Bend Ct 0.50 NR 35. Williams, Hebert S RPUD 2513 Oak Bend Ct 0.50 NR 36. Cooper Family Trust Agreement RPUD 2509 Oak Bend Ct 0.49 NR 37. Hussain, Syed RPUD 2501 Oak Bend Ct 0.52 NR 38. Oak Bend Of Southlake Hoa RPUD 2421 Oak Bend Ct 0.72 NR 39. Elborai, Amr A RPUD 2505 Oak Bend Ct 0.47 NR 40. Km Properties Inc RPUD 2400 Oak Bend Ct 0.54 NR 41. Young Carla L 2016 Revocable T RPUD 2417 Oak Bend Ct 0.48 NR 42. Oak Bend Of Southlake Hoa RPUD 2512 Oak Bend Ct 0.22 NR 43. Syed, Waqar RPUD 2521 Oak Bend Ct 0.49 NR 44. Winfield Residential Community RPUD 1028 Winfield Ct 1.36 NR 45. Madhani, Saleem RPUD 1000 Winfield Ct 0.51 NR 46. Superintendent Of Carroll ISD 47. Superintendent Of Grapevine Colleyville ISD 48. Superintendent Of Northwest ISD 49. Superintendent Of Keller ISD Notices Sent: Forty-five (45) Responses Received within 200’: None