04-090SUPCity of Southlake
Department of Planning
Case No.
ZA04-090
S T A F F R E P O R T
January 14, 2005
CASE NO: ZA04-090
PROJECT: Specific Use Permit for a Telecommunications Antenna located on Lot 1R,
Block 1, Carroll High School Addition
REQUEST: Zone Systems, Inc. is requesting approval of a specific use permit for a
telecommunications antenna.
ACTION NEEDED: 1. Conduct public hearing
2. Consider specific use permit approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Site Plan Review Summary No. 2, dated January 14, 2005
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (481-2036)
Dennis Killough (481-2073)
BACKGROUND INFORMATION
OWNER/APPLICANT: Zone Systems, Inc.
PROPERTY SITUATION: 1501 W. Southlake Boulevard
LEGAL DESCRIPTION: Lot 1R, Block 1, Carroll High School Addition
LAND USE CATEGORY: Public / Semi Public
CURRENT ZONING: “S-P-1” Detailed Site Plan District
STAFF COMMENTS: Attached is Site Plan Review No. 2, dated January 14, 2005
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SITE PLAN REVIEW SUMMARY
Case No.: ZA04-90 Review No.: Two Date of Review: 1/14/05
Project Name: Site Plan for Telecommunications Tower SUP Carroll High School
APPLICANT/CONSULTANT:
Zone Systems (for Verizon Wireless)
OWNER:
Carroll ISD
John Brumley Harry Ingalls
1602 Handley Drive, Suite A 3051 Dove Rd.
Dallas, TX 75208 Grapevine, TX 76051
Phone: (214) 941-4440 Phone: (817) 949-8260
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/04/05 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 DENNIS KILLOUGH AT (817) 481-2073.
1. No indication of the number of users this site shall accommodate has been indicated. 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.
2. Label the type of construction material and finish to be used on the tower and equipment
cabinets/structures. 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. Highly reflective surfaces shall not be permitted. No glare shall be emitted to
adjacent properties.
3. Label the distance to the nearest buildings. Insure that adequate clearance exists between the
tower and buildings.
4. Provide a tree survey meeting the requirements of the Tree Preservation ordinance of the area to
be affected by construction. 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.
Informational Comments:
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* 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.
* The applicant should be aware that the following issues must be addressed either prior to
issuance of a building permit and/or during the operational period of the tower:
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 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.
d) 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.”
e) 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.
f) 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 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.
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g) 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.
h) 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.
i) 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.
j) All construction shall comply with all ordinances of the city not in conflict with this
section.
k) 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.
l) 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.
m) Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
n) 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
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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.
o) Tower owner(s) shall bear all demolition costs.
* Denotes Informational Comment
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Case No. Attachment E
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Surrounding Property Owners
Specific Use Permit – Telecommunications Antenna
Owner Zoning Land Use Acreage
1. Myers Meadow - HOA “R-PUD” Medium Density Resid. 4.898
2. 7- Eleven Inc. “C-3” Retail Commercial 0.994
3. Southlake Safeco Ltd “C-3” Retail Commercial 1.312
4. Southlake 114 Investors “C-3” Retail Commercial 0.809
5. Southlake Blvd Presbyterian “CS” Retail Commercial 5.024
6. Realty Income Texas Prop
Lp
“C-3” Retail Commercial 0.970
7. Southridge Lakes - HOA “R-PUD” Medium Density Resid. 3.443
8. Bologna, Anthony & Susan “R-PUD” Medium Density Resid. 0.582
9. Nuese, David & Sandra “R-PUD” Medium Density Resid. 0.350
10. Rabbani, Mahmood &
Mahnaz
“R-PUD” Medium Density Resid. 0.435
11. Harless, William & Mary “R-PUD” Medium Density Resid. 0.391
12. Rodgers, Craig & Kathy “R-PUD” Medium Density Resid. 0.390
13. Whitacre, Charles &
Vaunda
“R-PUD” Medium Density Resid. 0.383
14. Jain, Anuj & Bhanu “R-PUD” Medium Density Resid. 0.382
15. Kapich, Jack & Kellly “R-PUD” Medium Density Resid. 0.345
16. Wendell, Berry & Jamie “R-PUD” Medium Density Resid. 0.361
17. Geroge, Daniel & Susan “R-PUD” Medium Density Resid. 0.532
18. Lambeth, Jeffrey & Felicia “R-PUD” Medium Density Resid. 0.569
19. Stelling, Richard & Jennifer “R-PUD” Medium Density Resid. 0.401
20. Saeec, Quaiser & Samrin “R-PUD” Medium Density Resid. 0.333
21. Griffeth, Suzanne Marie “R-PUD” Medium Density Resid. 0.444
22. Bruce Family Trust “R-PUD” Medium Density Resid. 0.535
23. Williams, Richard & P. “R-PUD” Medium Density Resid. 0.430
24. Pahner, Wilfred M III “R-PUD” Medium Density Resid. 0.379
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25. Candler, Michael “R-PUD” Medium Density Resid. 0.314
26. Dominici, James & Maria “R-PUD” Medium Density Resid. 0.518
27. Sivula, Antii & Kirst “R-PUD” Medium Density Resid. 0.553
28. Roberts Sean & Deena “R-PUD” Medium Density Resid. 0.563
29. Schafer, Thomas “R-PUD” Medium Density Resid. 0.359
30. Armstrong, Edward &
Lagel
“R-PUD” Medium Density Resid. 0.732
31. Finn, Robert & Tammy “R-PUD” Medium Density Resid. 0.432
32. McGovern, Richard &
Brenda
“R-PUD” Medium Density Resid. 0.331
33. Gilmore, Edward & Lagel “R-PUD” Medium Density Resid. 0.301
34. Seitz, Kerry & Suzanne “SF-20A” Medium Density Resid. 0.560
35. Swieter, Kenneth &
Danielle
“SF-20A” Medium Density Resid. 0.463
36. Mamerow, Bernard & H “SF-20A” Medium Density Resid. 0.461
37. Hammond, Robert &
Pamela
“SF-20A” Medium Density Resid. 0.461
38. Howell, Glenna Jinx “SF-20A” Medium Density Resid. 0.462
39. Vassios, Michael & Lisa “SF-20A” Medium Density Resid. 0.464
40. Little, Steven & Leigh “SF-20A” Medium Density Resid. 0.457
41. Vanyo, Arole & Gordon “SF-20A” Medium Density Resid. 0.459
42. Robinson, Kenneth “SF-20A” Medium Density Resid. 0.459
43. Simcho, David “SF-20A” Medium Density Resid. 0.459
44. Rogers, Dennis & Sheila “SF-20A” Medium Density Resid. 0.480
45. Castro, Wilfredo & Terri “SF-20A” Medium Density Resid. 0.526
46. Siegler, Steve & Andrea “SF-20A” Medium Density Resid. 0.469
47. Tan, Simon & Jennie “SF-20A” Medium Density Resid. 0.478
48. Park, Louis & Tina “SF-20A” Medium Density Resid. 0.476
49. Lewandowski, Mark &
Audra
“SF-20A” Medium Density Resid. 0.733
50. May, Clentis & Wanda “S-P-2” Medium Density Resid. 1.020
51. Akard, Larry “S-P-2” Medium Density Resid. 1.009
52. May, Wanda Jean “S-P-2” Medium Density Resid. 1.954
53. Greenwood, Robert Curtis “S-P-2” Medium Density Resid. 0.980
54. Davis Donald “S-P-2” Medium Density Resid. 1.000
55. Ott Real Estate Inv Ltd “O-1” Retail Commercial 1.349
56. Bradner Central Co. “C-2” Retail Commercial 2.260
57. Carroll Isd “S-P-1” Public / Semi- Pubic 55.030
Case No. Attachment F
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Surrounding Property Owner Responses
Specific Use Permit – Telecommunications Antenna
Notices Sent: Fifty-nine (59)
Responses: None (0)