Item 6G13 CITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
October 31, 2017
CASE NO: ZA17-078
PROJECT: Specific Use Permit for a NuStar Antenna Tower
EXECUTIVE
SUMMARY: NuStar Energy, L.P. is requesting approval of a Specific Use Permit for
Telecommunications Towers, Antennas, or Ancillary Structures on property
described as Tract 1, Brumlow Industrial District, an addition to the City of
Southlake, Tarrant County, Texas and located at 1700 Mustang Court,
Southlake, Texas. Current Zoning: "1-2" Heavy Industrial District. SPIN
Neighborhood # 8.
DETAILS: The property is located at the northeast intersection of Brumlow Avenue and
SH 26. The purpose of the proposed specific use permit is to allow the erection
of a thirty foot (30 ft.) antenna tower, a 30 ft. ht. by 1.4 ft. width triangular steel
structure, to support communications between what NuStar identifies as their
Southlake and Grapevine terminals, both located in the City of Southlake. A
wireless antenna weighing approximately 2 lbs. will be mounted on top of the
antenna tower. No ground equipment or a compound will not be needed to
support the antenna.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider a Specific Use Permit Request
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Specific Use Permit Review Summary No. #2, dated October 13, 2017
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Resolution 17-041
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link Narrative
Link Plans
Link to SPIN Report
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
Case No.
ZA17-078
BACKGROUND INFORMATION
OWNER/APPLICANT: NuStar, L.P.
PROPERTY SITUATION: 1700 Mustang Court, Southlake
LEGAL DESCRIPTION: Tract 1, Brumlow Industrial District City of Southlake, Tarrant County,
Texas.
LAND USE CATEGORY: Mixed Use, Industrial, and Flood Plan
CURRENT ZONING: "1-2" Heavy Industrial District
HISTORY: May 1, 1979; City Council approved a zoning change from "AG" to "F"
(ZA79-013)
May 11, 1979, City Council approved a final plat for Tract 1, Tract 2 and
Tract 3 of the Brumlow Industrial District. The final plat was filed on May
18, 1979.
December 5, 1989; City Council approved zoning change from `I-1' to `I-
2' was approved for Tract 1, Brumlow Industrial District, Phase I. (ZA89-
053)
January 8, 1990; Board of Adjustment approved a special exception use
permit for petroleum operations. (ZBA #79)
June 11, 1990; Board of Adjustment approved a site plan. (ZBA #97)
April 16, 1996; City Council approved a site plan for the Southlake
Terminal. (ZA96-032)
SOUTH LAKE 2030 PLAN: Consolidated Future Land Use Plan
The Southlake 2030 Consolidated Future Land Use Plan designates the
subject property as mixed Use, Industrial, and Flood Plain.
In the Mixed Use Category, 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 ti
and transition between
different uses. '
Typically, the Mixed
Use designation is
intended for medium- to
higher -intensity office
buildings, hotels,
Case No.
ZA17-078
Page 1
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 Future Land Use Plan defines Industrial and business service
development that is relatively free of unwanted side effects, such as
unsightliness, noise, odor, glare, vibrations, etc., is permitted in the
Industrial category. If meeting the qualification of relatively free of
unwanted side effects, suitable types of development in the Industrial
category can be characterized by the manufacturing, processing,
packaging, assembly, storage, warehousing and/or distribution of
products. Ancillary commercial and retail activities associated with these
uses are permitted. Public Parks / Open Space and Public / Semi -Public
activities as described above may be permitted if surrounding industrial
uses do not pose hazards and are sufficiently buffered.
The Floodplain category illustrates areas designated by the August
1995 Federal Emergency Management Agency (FEMA) maps as being
in the 100 -year floodplain. The "floodplain" is an expanse of natural
vegetation and wildlife, and should be preserved as natural open area.
Within the floodplain is "floodway" that must be kept free of
encroachment in order that the 100 -year flood may be carried without
harmful increases in the height of flood waters. Although it is not to be
encouraged, the portion of the floodplain not in the floodway may be
reclaimed for development under certain circumstances if in accordance
with FEMA regulations. The designated land use for areas of reclaimed
floodplain is that of the immediately adjacent land use category. This
designation may also include environmentally sensitive areas, habitats,
or wetlands that may not be in FEMA identified floodplains.
Mobility Master Plan
The subject property can be accessed by State Highway 26 which is
described as a 6 -lane divided roadway. The facility is accessed from
Mustang Court.
The Master Thoroughfare Plan shows Brumlow Avenue to be a four -
lane divided arterial with 94 -foot of right of way.
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 October 10, 2017. The SPIN
report is found in the link to the SPIN Report.
Case No. Attachment A
ZA17-078 Page 2
PLANNING AND
ZONING COMMISSION: October 19, 2017; Approved (6-0) subject to the Staff Report dated
October 13, 2017 and the Specific Use Permit Review Summary No. 2
dated October 13, 2017.
STAFF COMMENTS: Attached is Review Summary No. #2, dated October 13, 2017.
Section 45.4 of Zoning Ordinance No. 480, as amended, states that a
specific use permit shall automatically expire if a building permit is not
issued and construction begun within six months of granting the specific
use permit.
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
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 A
ZA17-078 Page 3
�a
J�
}
Vicinity Map
1700 Mustang Court
,3,i:
1.19
1778
Specific Use Permit
Telecommunication Antenna
0 200 400 800 1,200
Feet
Case No. Attachment B
ZA17-078 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA17-078 Review No.: Two Date of Review: 10/13/17
Project Name: Specific Use Permit— Telecommunication Antenna at the NuStar Southlake
Terminal
APPLICANT: Kris Jensen
19003 IH -10 West
San Antonio, TX 78257
Phone: 210-918-2267
Email: Kris.Jensen(a)nustarenergv.com
OWNER: NuStar Energy L.P.
19003 IH -10 West
San Antonio, TX 78257
Phone: 210-918-2267
City staff has reviewed the above referenced project received by the city on 10/10/17 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 mernuer.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos(�ci.south lake.tx.us
Section 45 Specific Use Permits for Telecommunications Towers, Antennas, and Ancillary
Buildings:
45.7 SPECIFIC REQUIREMENTS FOR TELECOMMUNICATIONS TOWERS, ANTENNAS, AND
ANCILLARY BUILDINGS (This entire section was added by Ordinance No. 480-W.)
a. Objectives
The purpose of this section is to establish general guidelines for the location of
telecommunications towers and antennas. The City of Southlake recognizes today's rapidly
changing technological environment and realizes the public's increasing acceptance of and
demand for superior personal wireless communication services and with the adoption of this
ordinance, the city's objectives are to:
1) encourage the location of towers in non-residential areas and minimize the total number,
height, and obtrusiveness of towers and antennas throughout the community;
2) encourage strongly the joint use of new and existing tower sites through co -location;
3) encourage users of towers and antennas to locate them, to the extent possible, in areas
where the adverse impact on the community is minimal (e.g., pre-existing buildings or
structures such as water towers, church steeples, bell towers, clock towers, and lighting
stanchions or on municipal -owned properties and facilities) to camouflage or conceal the
presence of antennas or towers;
4) encourage users of towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas; and
5) enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently.
b. Information Required on Concept Plan
Case No. Attachment C
ZA17-078 Page 1
Each applicant shall submit a scaled concept plan meeting the requirements of Section 41 of
this ordinance, a scaled elevation view, a propagation map, and other supporting drawings,
calculations, and other documentation, signed and sealed by appropriate licensed
professionals, showing the location and dimensions of all proposed improvements, including
information concerning topography, proposed tower height, setbacks, drives, parking, fencing,
landscaping, screening, adjacent uses, and other information deemed by the city to be
necessary to assess compliance with this ordinance.
c. Ordinance Exemption
Antennas mounted on existing city water towers shall be exempt from the requirements of this
ordinance, provided a license or lease authorizing such antenna has been approved by the
City Council. All other antennas or towers, located on property owned, leased, or otherwise
controlled by the City Council of the City of Southlake shall be subject to the requirements
herein.
d. Development Standards
Certain regulations may be set aside if the requirement effectively denies competition.
1) Inventory of Existing Sites
Each applicant for an antenna and/or tower shall provide an inventory of its existing towers
that are either within the jurisdiction of the city or within one-quarter mile of the border,
including specific information about the location, height, and design of each tower. The
city may share such information with other applicants applying for approvals under this
ordinance or with other organizations seeking to locate antennas within the city jurisdiction,
provided; however, that the city is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
2) Co -location and Availability of Suitable Existing Towers and Other Structures
a) No new tower shall be permitted unless the applicant demonstrates to the city that no
existing tower or structure can accommodate the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure can
accommodate the applicant's proposed antenna may consist of any of the following:
i) No existing towers or structures are located within the geographic area required to
meet applicant's engineering requirements.
ii) Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
iii) Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
iv) The applicant's proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant's proposed
antenna.
v) The fees, costs, or contractual provisions required by the owner in order to share
an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
vi) The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
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.
Case No. Attachment C
ZA17-078 Page 2
3) Aesthetics and Lighting:
a) All towers shall be of monopole construction, unless another tower can be shown to
cause less visual impact on surrounding property than a similar monopole structure.
b) Towers shall be maintained with either a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
c) Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent
properties.
d) All exterior wires and/or cables necessary for operation of the antenna shall be placed
underground, whenever practicable, except for wires or cables attached flush with the
surface of a building or the structure of the antenna.
e) No permanent lighting is allowed on towers except as required by the FCC or the FAA
(i.e., red lights by night/white strobe lighting during the day).
f) Any temporary lighting shall be oriented inward so as not to project onto surrounding
residential property.
4) Federal Requirements (FAA, FCC, ANSI)
a) All towers shall meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal or state government with the authority to regulate
towers and antennas. If such standards and regulations are changed, then the owners
of the towers and antennas governed by this ordinance shall bring such towers and
antennas into compliance with such revised standards and regulations within six (6)
months of the effective date of such standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling federal agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations shall
constitute grounds for the removal of the tower or antenna at the owner's expense.
b) Applicants shall provide the city with certification of compliance with ANSI and IEEE
Standards regarding human exposure to non -ionizing electromagnetic radiation
("NIER").
c) For a site being proposed in a floodplain, the applicant shall provide the city with
certification from the FCC of Environmental Assessment ("EX) approval.
d) For antennas, towers and/or supporting structures which are to be located in residential
neighborhoods and that are to be equipped with high intensity white lights, the
applicant shall provide the city with certification from the FCC of EA approval.
5) Building Codes; Safety Standards
a) After receiving the appropriate zoning approval, no tower, antenna, or other
appurtenance shall be installed without first obtaining a building permit issued by the
Building Official.
b) To ensure the structural integrity of towers, the owner of a tower shall ensure that the
tower is constructed and maintained in compliance with standards contained in
applicable local building codes ("Uniform Building Codes, UBC") and applicable
standards for towers, published by the Electronics Industries Association Standard
222, ("EIA -222") "Structural Standards for Steel Antenna towers and Antenna Support
Structures."
c) A tower inspection report (based upon applicable UBC and EIA -222 standards) shall
be prepared by an engineer licensed in the state of Texas and filed with the Building
Official in accordance to the following schedule: a) monopoles --at least once every ten
(10) years; b) lattice towers --at least once every (5) years; and c) guyed towers --at
least once every three (3) years. However, the Building Official may require an
immediate inspection should an issue of safety be raised.
d) If, upon inspection, the tower fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being provided to the
Case No. Attachment C
ZA17-078 Page 3
owner of the tower, the owner shall have thirty (30) days to bring such tower into
compliance with such standards, unless the applicant can demonstrate a hardship and
thus establish the need for additional time. If the owner fails to bring such tower into
compliance within said thirty (30) days, the city shall remove such tower at the owner's
expense.
6) Height
The requirements set forth below shall govern the location of towers that exceed, and
antennas that are installed at a height in excess of, the height limitations specified for the
underlying zoning district in which the tower and/or antenna is proposed.
a) Mounted Antennas
i) Roof -mounted, non -whip type, telecommunications antennas shall not exceed the
height of the building by more than twelve (12) feet and may be required to be
screened from view from any adjacent public roadway.
ii) Roof -mounted, whip -type, telecommunications antennas shall not exceed the
height of the building by more than fifteen (15) feet and shall be located no closer
than 15 feet to the perimeter of the building.
iii) Building -mounted, non -whip type, telecommunications antennas shall be mounted
flush with the exterior of the building so that the antennas project no more than
twenty-four (24) inches from the surface of the building to which it is attached, that
a minimum clearance distance of fifteen (15) feet is maintained from the ground to
the lowest element of the antenna and that the antenna shall be of a texture and
color so as to blend with the surrounding surface of the building.
iv) Utility structure -mounted antennas shall not exceed more than twelve (12) feet the
maximum height of the utility structure. These utility structures shall include:
electric power transmission structures, light stanchions, and other like structures.
b) Freestanding Towers
i) For freestanding towers, structurally designed to accommodate shared users, the
following height and usage criteria shall apply:
for two users, up to one -hundred -twenty (120) feet in height;
for three users, up to one -hundred -fifty (150) feet in height.
Monopole Installation
The maximum diameter of a monopole tower at the base shall not exceed forty-
eight (48") inches. No microwave dish or similar device shall be mounted on
the pole portion of a monopole telecommunications tower. The platform portion
of a monopole telecommunications tower shall not have a horizontal cross
section area greater than 196 square feet. The depth of the platform shall not
exceed 4 feet, excluding any whip antenna. Only antennas that are part of a
telecommunications system authorized by the FCC shall be permitted on a
platform.
7) Setbacks
a) Towers shall be a minimum of 200' or 2:1 distance to height ratio, whichever is greater,
from the property line of properties used for residential purposes.
b) Mounted antennas attached to existing structures (e.g., bell towers, church steeples,
stadium lighting, electrical transmission towers, clock towers, and similar structures)
are exempt from the minimum residential setback and distance/height ratio regulations.
c) 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.
d) All guys and guy anchors shall be set back a minimum of 20 feet from any property
line.
e) No tower shall be located in front of the building facade facing any street, or be located
Case No. Attachment C
ZA17-078 Page 4
within any required setback.
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 "72"
bufferyard (as a minimum) as described in Section 42 of this ordinance.
9) Principal or Accessory Use
a) Antennas and towers may be considered either principal or accessory uses. A
different existing user or an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot. Towers that are constructed and
antennas that are installed in accordance with the provisions of this ordinance shall not
be deemed to constitute the expansion of a nonconforming use or structure.
b) Equipment structures shall be of minimum size to house transmitting/receiving
equipment and shall not be utilized for offices, vehicle storage, or for any other use
other than for transmitting and receiving transmissions. No outside storage shall be
permitted on the site.
c) At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, and textures that will comply with the materials
permitted by the underlying zoning district and shall blend with the natural setting and
any existing structures on the site, or the equipment building shall be contained entirely
within a main building on the property, or the equipment building shall be housed in an
underground vault.
d) The necessary equipment building shall not exceed 10 feet in height (measured from
grade) nor 180 square feet in total area.
e) No more than three (3) separate equipment buildings shall be located on a single lot.
10) Maintenance and Parking
a) Equipment shall be automated to the greatest extent possible to reduce traffic and
congestion.
b) Providers shall anticipate the maintenance needs of landscaping, sprinkler systems,
and access roads.
c) All structures shall be maintained free from graffiti.
d) One (1) all weather surface parking space shall be provided on each site. The required
parking space need not be reserved exclusively for use by the antenna installation and
may be one of the spaces provided for the principal use on the property. No off-street
loading space shall be required.
Case No. Attachment C
ZA17-078 Page 5
11) Other Conditions of Approval
a) Documentation of FAA approval shall be provided when towers are near public airports
or flight paths.
b) The applicant shall 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
effect 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.
c) 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.
d) 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.
e) All construction shall comply with all ordinances of the city not in conflict with this
section.
f) 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.
g) 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.
12) Abandonment
a) The owner of a tower and/or related telecommunications facilities shall notify the
Building Official when the tower or other structures have ceased operating as part of a
telecommunications system authorized by the FCC. Within six (6) months of the date
the tower ceases to operate as part of an authorized telecommunications system, the
tower must either be removed from the site, or a certificate of occupancy must be
obtained to allow another permitted use of the tower. If within six (6) months, the
owner fails to remove the tower or obtain proper authorization for the use of the tower,
the Building Official shall revoke the certificate of occupancy for the tower and notify
the city attorney to pursue enforcement remedies.
b) Tower owner(s) shall bear all demolition costs.
13) Interference
Case No. Attachment C
ZA17-078 Page 6
Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
Variances -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.
Fire Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
Email:kclements(@ci.southlake.tx.us
No comments based on submitted information for the existing building.
Informational Comments:
No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
All lighting must comply with the Lighting Ordinance No. 693, as amended.
Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
Denotes Informational Comment
Case No. Attachment C
ZA17-078 Page 7
SURROUNDING PROPERTY OWNERS
NO
Responses: F: In Favor O: Opposed To
Notices Sent: Twelve (12)
Responses Received: In Favor: 0
U: Undecided
Opposed to: 0
NR: No Response
Undecided: 0 No Response: 0
Case No. Attachment D
ZA17-078 Page 1
Owner
Zoning
Address
Acreage
Response
1.
SOUTHERN STAR CONCRETE INC
11
1635 BRUMLOW AVE
2.63
NR
2.
WRIGHT, JOE
AG
1680 BRUMLOW AVE
0.36
NR
3.
VIBRA-WHIRL & CO INC
11
1675 BRUMLOW AVE
2.74
NR
4.
NUSTAR LOGISTICS LP
12
1700 MUSTANG DR
27.09
NR
5.
SOUTHERN STAR CONCRETE INC
11
1968 BRUMLOW AVE
1.08
NR
6.
SOUTHERN STAR CONCRETE INC
11
1972 BRUMLOW AVE
4.89
NR
7.
SOUTHERN STAR CONCRETE INC
11
1982 BRUMLOW AVE
14.40
NR
8.
WRIGHT, JOE L
11
1800 STATE 26 HWY
3.03
NR
9.
WRIGHT, JOE L
AG
1615 E CONTINENTAL BLVD
31.81
NR
10.
WRIGHT, JOE L
AG
1710 BRUMLOW AVE
2.79
NR
11.
BRUMLOW PROPERTIES LLC
11
1900 BRUMLOW AVE
8.80
NR
12.
WRIGHT, JOE L
11
1800 STATE 26 HWY
26.42
NR
13.
SOUTHLAKE FAMILY UNITY LLC
11
1928 BRUMLOW AVE
10.84
NR
14.
WRIGHT, JOE L
AG
1710 BRUMLOW AVE
7.68
NR
15.
Superintendent of Carroll ISD
NR
16.
Supt of Grapevine Colleyville ISD
NR
17.
Superintendent of Northwest ISD
NR
18.
Superintendent of Keller ISD
NR
19.
City of Grapevine
NR
Responses: F: In Favor O: Opposed To
Notices Sent: Twelve (12)
Responses Received: In Favor: 0
U: Undecided
Opposed to: 0
NR: No Response
Undecided: 0 No Response: 0
Case No. Attachment D
ZA17-078 Page 1
SURROUNDING PROPERTY OWNERS RESPONSES
No responses to date
Case No. Attachment E
ZA17-078 Page 1
RESOLUTION NO. 17-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
TEMPORARY CONSTRUCTION FACILITIES ON PROPERTY
DESCRIBED AS TRACT 1, BRUMLOW INDUSTRIAL DISTRICT, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS; AND LOCATED AT
1700 MUSTANG COURT, SOUTHLAKE, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON
THE APPROVED PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for temporary construction and/or sales facilities has been
requested by a person or corporation having a proprietary interest in the property zoned as ""1-2"
Heavy Industrial District; and,
WHEREAS, in accordance with the requirements of Sections 45.1(46) and 45.18 of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested
and situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such Specific
Use Permit is in the best interest of the public health, safety, morals and general welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE,TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted to allow two temporary construction facilities on property
within the City Of Southlake, Texas, located at 1700 Mustang Court, location being described as
Tract 1, Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas,
more fully and completely described in Exhibit "A", and as depicted on the approved plan attached
hereto and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions
contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following
specific requirements and special conditions shall be applicable to the granting of this Specific Use
Case No. Attachment F
ZA17-078 Page 1
Permit:
City Council:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS
ATTEST:
Carol Borges
City Secretary
th DAY OF , 2017.
CITY OF SOUTHLAKE
Laura Hill, Mayor
Case No. Attachment F
ZA17-078 Page 1
EXHIBIT `A"
Plans and Support Information
Reserved for Exhibits
Case No. Attachment F
ZA17-078 Page 1