2007-008RESOLUTION N0.07-008
OFFICIAL RECORD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
TELECOMMUNICATIONS TOWERS, ANTENNAS, AND
ANCILLARY BUILDINGS ON PROPERTY WITHIN THE CITY OF
SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 3R5,
BLOCK 1, MIRON ADDITION, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE
APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for telecommunications towers, antennas, and ancillary buildings
has been requested by a person or corporation having a proprietary interest in the property zoned as `B-1"
Business Service Park District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (3 1) and Section 45.8 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, and ancillary
buildings on the property being legally described as Lot 3R5, Block 1, Miron Addition, an addition to the City
of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3 90 1, Plat Records,
Tarrant County, Texas, more fully and completely described in Exhibit "A", and as depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit `B" and providing an effective date, subject
Page 1
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:
1. Granting the requested variance to the number of buildings allowing the total to be 2 equipment
building and 5 cabinets at the facility;
2. Granting the requested variance to the size of the building allowing the equipment building to
measure 10 1/2 feet tall and have an area of approximately 230 square feet;
3. Subject to the following conditions placed on the MetroPCS antenna approval:
a. Requiring immediate irrigation of the property that lies south of a line that is 25 feet north
of the northerly fence;
b. Requiring that the irrigation not be battery -powered and will be typical irrigation;
c. Requiring replacement of the three dead trees at the back of the facility with a similar
caliper tree;
d. Requiring that the gates to be installed will be a metal gate painted to blend with the brick
or stone similar to those at the trash dumpsters at Southlake Town Square;
e. Stating that if the applicant has not applied for a re -plat of the property within 60 days, the
applicant agrees to irrigate the entire lot;
4. Subject to the Planning and Zoning Commission motion specifically requiring an 8' wall on all
four sides of the property;
5. Requiring maintenance of the landscaping at least once a week in summer, during the growing
season, as approved for the White Chapel Boulevard site;
6. Requiring replacement of dead vegetation on an on-going basis;
7. Requiring a concrete driveway with curb and gutter for access to the compound from Miron Drive;
8. Requiring that no permits be approved until all conditions are met;
9. Subject to the following comments in Concept Plan Review Summary dated February 2, 2007:
a. The following comments are needed with regard to general concept plan requirements:
i. Label all adjacent properties and properties across adjoining R.O.W.'s with the
owner's name, existing zoning, and land use map designation ("L.U.D.= ").
Page 2
Several lots exist along the south border ofthe lot. Information is missing for lots
within the Miron Addition.
ii. Label the height of the proposed wall.
iii. Show and label easements on the subject property and on all lots adjacent to the
site.
b. Correct the land use designation in the Site Data Summary to be 'office commercial'.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 20TH DAY OF FEBRUARY, 2007.
ATTEST:
Atx-- 24,1r
Lori Payne, TRMC 41
City Secretary
CITY OF SOUTHLAKE
By:
Andy Wambs anss, Mayor
Page 3
EXHIBIT "A"
Being legally described as Lot 3R5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 3 90 1, Plat Records, Tarrant County, Texas.
Page 4
EXHIBIT "B"
B A R A N telecom
A SUBSIDIARY OF THE BARAN GROUP
January 22, 2007
Baran Telecom Inc.
1240 Texan Trail. Suite 105
Grapevine, TX 76051
Office: (817) 488-5703
Fax: (817) 488-5706
Mr. Ben Bryner
City of Southlake
City Hall
Southlake, Texas
Re: Request for Variance from restrictions of 45.7.d(9)(d) and 45.7.d(9)(e)
Dear Mr. Bryner:
Please accept this letter as a request for a variance from those sections of the Southlake Code
pertaining to:
1. size of a wireless equipment buildings(Section 45.7.d(9)(d)), and
2, total number of equipment buildings permitted (Section 45.7-d(9)(e)).
Variance #1. Nextel wishes to request that the City Council consider a variance, permitting
Nextel to install a 230 square foot building at 340 Miron Drive, This is not a self imposed
hardship. No utility company builds equipment buildings any larger that absolutely necessary to
house the equipment they use., Requiring a smaller building, means that this site cannot be
used, which puts the decision in direct conflict with the objectives of 45.7 which states that the
ordinance is meant to "encourage strrongly the joint use of new and existing tower sites through co -
location "and "mininrke the total nrunber•...of lowers... "
Therefore, Nextel believes the requested variance will reduce the impact of the project on
surrounding residential properties, by reducing the total number of wireless sites in the
community.
Variance #2. Nextel respectfully disagrees with staff that the proposed Equipment Building
places the site out of compliance with Section 45.7.d(9)(e). The ordinance states: "No mo, -e tharr
three (3) separate equipment buildings shall be located on a single lot "
The proposed building represents only the second building on site. The ordinance does not call
an equipment cabinet a building. However, if Council interprets this building to be the 7t'
building, then the site cannot be built, and Nextel declares that this is not a self imposed
hardship. No utility company builds equipment buildings they don't need. To deny this building
would be a decision in direct conflict with the objectives of 45.7 which states that the ordinance
is meant to "encoru-age strongly the joint use of new and existing tower sites through co -location. " and
minimize the total nun:ber...of towers... "
Therefore, Nextel believes the requested variance will reduce the impact of the project on
surrounding residential properties, by reducing the total number of wireless sites in the
community.
Respectfully Submitte
Doug Henderson, AICP
Site Acquisition Manager
Mobile: (817) 729-7006
Email: dhenderson@baronlelecom com
01-22-07 15:50 RCVD
Page 5
i TX045fiCityofSouthlakeCoverageAreaWithoutProposedSite
The below coverage plot Is an estimate only and may not reflect actual coverage due to terrain, new construction, foliage, etc. There is much now residential and commercial
construction being done in this area causing coverage degradation as well as capacity issues along Southlake Blvd and Hwy 114. The proposed site is needed to meat the
demands of ourcuatomers-and to improve in building coverage as well as highway throughout this busy area. The signal legend to the right shows the,signai level values
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RECD DEC 11 2006 7,', 0 6-- 1 8 4
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City of Southlake Coverage Area With Proposed Site TX0456
The below coverage plot is an astimate only and may not reflect actual coverage due to terrain, now construction, follage,,ete. There Is much now residential and commercial
construction being done In this area causing coverage degradation as well as capacity issues along Southlake Blvd and Hwy 114. The proposed site Is needed to meet the
demands of our customers and to Improve Ih building coverage as wall as highway throughout this busy area. The signal legend to the right shows the signal level values
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