Item 6FCase No.
ZA19-0039
S T A F F R E P O R T
August 13, 2019
CASE NO: ZA19-0039
PROJECT: Specific Use Permit for Verizon Wireless Small Cell
EXECUTIVE
SUMMARY: On behalf of Verizon Wireless, Vincent Gerard & Associates are requesting
approval of a Specific Use Permit for Telecommunication Towers, Antennas,
and/or Ancillary Structures on property described as Lot 4R, Block 2R1,
Southlake Town Square Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 1240 Main Street (aka 260 State Street),
Southlake, Texas. Current Zoning: “DT” Downtown District. SPIN Neighborhood
#8.
DETAILS: The proposed installation is on the existing Z Gallerie building which is located
on the northeast corner of Prospect Street and State Street in Southlake Town
Square.
The purpose of this request is to gain approval of a specific use permit allowing
the installation of two (2) 25 inch small cell antennas on the roof-top of the existing
building at the proposed location. The proposed small cell antennas will be
installed and maintained by Verizon Wireless. A detailed spec sheet and photo
renderings have been provided by the applicant.
In June 2018, Verizon Wireless gained approval of specific use permits allowing
the installation of eight (8) small cell antennas at six (6) different locations
throughout Southlake Town Square (ZA18-022-027). The two (2) proposed
antennas are identical in nature.
Site Data Summary
Existing Zoning DT
Land Use Designation Town Center
Height of Proposed Small Cells ±25 inches
Quantity 2 antennas / 1 location
On August 8, 2019, the Planning & Zoning Commission unanimously
recommended approval as presented, subject to the staff report and review
summary.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider Approval of a Specific Use Permit
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
Case No.
ZA19-0039
(C) Specific Use Permit Staff Review No. 2 dated July 31, 2019
(D) Surrounding Property Owners Map & Responses
(E) Resolution No. 19-030
Presentation
Application Proposal
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No. Attachment A
ZA19-0039 Page 1
BACKGROUND INFORMATION
APPLICANT: Vincent Gerard & Associates
OWNER: Verizon Wireless
PROPERTY SITUATION: 1240 Main Street (aka 260 State Street)
LEGAL DESCRIPTION: Lot 4R, Block 2R1, Southlake Town Square Addition
LAND USE CATEGORY: Town Center
CURRENT ZONING: “DT” Downtown District
HISTORY: June 5, 2018; City Council approved six (6) specific use permits for
small cell installation in Southlake Town Square. (ZA18-022-027)
TRANSPORTATION
ASSESSMENT: This request does not affect traffic on or around the property.
TREE PRESERVATION: The proposed specific use permit does not affect any existing trees.
PLANNING & ZONING
COMMISSION: August 8, 2019; Approved (7-0) subject to the Staff Report dated
August 2, 2019 and Specific Use Permit Review Summary No. 2, dated
July 31, 2019.
STAFF COMMENTS: Attached is Specific Use Permit Review Summary No. 2, dated July 31,
2019.
The following regulations specifically apply to roof-mounted, non-whip
type, telecommunications antennas in the proposed locations:
Zoning Ordinance No. 480, Section 45.7:
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
Case No. Attachment A
ZA19-0039 Page 2
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
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.
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.
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
Case No. Attachment A
ZA19-0039 Page 3
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.
7) Setbacks
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.
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.
10) Maintenance and Parking
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.
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.
Case No. Attachment A
ZA19-0039 Page 4
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
ZA19-0039 Page 1
Case No. Attachment C
ZA19-0039 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA19-0039 Review No.: Two Date of Review: 07/31/19
Project Name: Specific Use Permit – Small Cell Antennas at Z Gallerie in Southlake Town Square
APPLICANT: Vincent Gerard & Assoc., Inc. OWNER: Town Square Ventures, L.P.
Kayla Bryson
1715 Capital of Texas Hwy S., Austin 2021 Spring Road, Ste 200
Phone: 512-328-2693 Oak Brook, IL 60523
Email: KaylaB@vincentgerard.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/22/2019 AND WE OFFER THE
FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN 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
General Informational Comments:
* A specific use permit shall automatically expire if a building permit is not issued and
construction begun within six (6) months of the granting of the specific use permit or if the use
shall cease for a period of six (6) months.
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:
6) encourage the location of towers in non-residential areas and minimize the total number,
height, and obtrusiveness of towers and antennas throughout the community;
7) encourage strongly the joint use of new and existing tower sites through co-location;
8) 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;
9) encourage users of towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas; and
10) enhance the ability of the providers of telecommunications services to provide such services
to the community quickly, effectively, and efficiently.
Case No. Attachment C
ZA19-0039 Page 2
b. Information Required on Concept Plan
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.
2) 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
ZA19-0039 Page 3
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 (“EA”) 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
Case No. Attachment C
ZA19-0039 Page 4
constitutes a danger to persons or property, then upon notice being provided to the
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.
Case No. Attachment C
ZA19-0039 Page 5
e) No tower shall be located in front of the building facade facing any street, or be located
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 “F2” 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
Case No. Attachment C
ZA19-0039 Page 6
may be one of the spaces provided for the principal use on the property. No off-street
loading space shall be required.
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
ZA19-0039 Page 7
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.
* Denotes Informational Comment
Case No. Attachment D
ZA19-0039 Page 1
Surrounding Property Owners
Owner Zoning Physical Address Acreage Response
1. SLTS GRAND AVENUE LP DT 371 STATE ST 1.86 NR
2. TOWN SQUARE
VENTURES LP SP1 331 N CARROLL AVE 2.66 NR
3. UNITED STATES POSTAL
SERVICE SP1 300 STATE ST 2.97 NR
4. SOUTHLAKE, CITY OF DT 351 STATE ST 1.97 NR
5. SLTS GRAND AVENUE II
LP DT 310 GRAND AVE W 0.40 NR
6. SLTS GRAND AVENUE II
LP DT 327 GRAND AVE E 0.43 NR
7. SLTS GRAND AVENUE II
LP DT 286 GRAND AVE 0.55 NR
8. SLTS GRAND AVENUE II
LP DT 1401 FEDERAL WAY 2.44 NR
9. SOUTHLAKE, CITY OF DT 1451 FEDERAL WAY 1.37 NR
10. SLTS GRAND AVENUE II
LP DT 251 GRAND AVE 0.60 NR
11. 2016 PARKVIEW
CONDOMINIUMS DEV DT 350 CENTRAL AVE 0.58 NR
12. TOWN SQUARE
VENTURES LP DT 1240 MAIN ST 4.08 NR
13. TOWN SQUARE
VENTURES LP DT 1422 MAIN ST 0.67 NR
14. TOWN SQUARE
VENTURES LP DT 1256 MAIN ST 0.67 NR
15. TOWN SQUARE DT 1200 MAIN ST 0.58 NR
Case No. Attachment D
ZA19-0039 Page 2
VENTURES LP
16. SOUTHLAKE, CITY OF DT 1400 MAIN ST 0.69 NR
17. TOWN SQUARE
VENTURES LP DT 1460 MAIN ST 0.48 NR
18. TOWN SQUARE
VENTURES LP DT 1230 MAIN ST 0.28 NR
19. TOWN SQUARE
VENTURES LP DT 1429 MAIN ST 0.33 NR
20. TOWN SQUARE
VENTURES LP DT 141 GRAND AVE 3.62 NR
21. TOWN SQUARE
VENTURES LP DT 181 GRAND AVE 0.39 NR
22. SOUTHLAKE, CITY OF DT 1400 FOUNTAIN PL 0.81 NR
23. TOWN SQUARE
VENTURES LP DT 180 STATE ST 0.42 NR
24. TOWN SQUARE
VENTURES LP DT 1235 MAIN ST 0.34 NR
25. TOWN SQUARE
VENTURES LP DT 115 GRAND AVE 0.38 NR
26. TOWN SQUARE
VENTURES LP DT 112 STATE ST 0.38 NR
27. SOUTHLAKE, CITY OF DT 1400 E SOUTHLAKE BLVD 0.94 NR
28. TOWN SQUARE
VENTURES LP DT 1430 E SOUTHLAKE BLVD 0.27 NR
29. COPELAND, STEPHEN N SF20A 375 BINKLEY CT 0.47 NR
30. ARNOLD, AUSTIN SF20A 325 BINKLEY CT 0.57 NR
31. STRUNCK, JUERGEN F DT 220 N CARROLL AVE 0.31 NR
32. MENDEZ LTD AG 240 N CARROLL AVE 2.91 NR
33. STRUNCK, JUERGEN F AG 200 N CARROLL AVE 3.27 NR
34. TOWN SQUARE
VENTURES LP DT 140 STATE ST 3.28 NR
35. TOWN SQUARE
VENTURES LP DT 1200 E SOUTHLAKE BLVD 1.01 NR
36. GREENWAY-SOUTHLAKE
OFFICE PRTN SP1 1110 E SOUTHLAKE BLVD 1.99 NR
37. TOWN SQUARE
VENTURES LP DT 1400 CIVIC PL 0.75 NR
38. SLTS GRAND AVENUE II
LP DT 1361 FEDERAL WAY 1.41 NR
39. SLTS GRAND AVENUE II
LP DT 301 STATE ST 0.49 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-nine (39)
Responses Received: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 39
Case No. Attachment E
ZA19-0039 Page 1
RESOLUTION NO. 19-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A
TELECOMMUNICATIONS TOWER, ANTENNAS AND ANCILLARY
BUILDINGS ON PROPERTY WITHIN THE CITY OF SOUTHLAKE,
TEXAS, LOCATED AT 1240 MAIN STREET, BEING DESCRIBED AS
LOT 4r, BLOCK 2R1, SOUTHLAKE TOWN SQUARE, SOUTHLAKE,
TARRANT COUNTY, TEXAS, AS DEPICTED ON THE APPROVED SITE
EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT “A” AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for Telecommunications Towers, Antennas, or Ancillary
Structures has been requested by a person or corporation having a proprietary interest in the property
zoned as “DT" Downtown District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (30) and 45.7 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 for Telecommunications Towers, Antennas, or Ancillary
Structures, on property located at 1240 Main Street, being described as Lot 4R, Block 2R1, Southlake
Town Square as depicted on the approved Site Exhibit 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 Permit:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
Case No. Attachment E
ZA19-0039 Page 2
PASSED AND APPROVED THIS ______, 2019.
CITY OF SOUTHLAKE
By: ___________________________________
Laura Hill, Mayor
ATTEST:
_________________________________
Amy Shelly, TRMC
City Secretary
Case No. Attachment E
ZA19-0039 Page 1
EXHIBIT A