Item 6C - Staff ReportCase No.
ZA24-0006
S T A F F R E P O R T
March 26, 2024
CASE NO: ZA24-0006
PROJECT: Specific Use Permit for NuStar Antenna Tower Height Addition
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: “I-2” Heavy Industrial District. SPIN
Neighborhood # 8.
DETAILS: The property is situated at the northeast intersection of Brumlow Avenue and SH
26. The purpose of this request is to secure approval for an increase in the height
of the existing antenna tower, which was initially approved by City Council in
November 2017. The applicant is currently seeking approval for a total height of
fifty feet (50 ft.), adding twenty feet to the previously approved thirty feet (30 ft.).
The antenna tower is presently constructed as a triangular steel structure, with
dimensions of 30 ft. in height and 1.4 ft. in width. This structure is designed to
fulfill communication requirements between NuStar's identified Southlake and
Grapevine terminals, both located within the City of Southlake. A wireless
antenna weighing approximately 2 lbs. will be mounted at the top of the tower.
The purpose of this tower, stated by the applicant, is to overcome the construction
of the Mustang Business Park which is between NuStar’s two operating sites.
ACTION: 1) Conduct a public hearing
2) Consider approval of a Specific Use Permit
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Specific Use Permit Review Summary No. 1, dated March 5, 2024
(D) Surrounding Property Owners Map and Responses
(E) Resolution No. 24-013
Narrative Letter and Exhibits
Staff Presentation
Applicant Presentation
STAFF CONTACT: Dennis Killough (817) 748-8072
Peyton Sherman (817) 748-8269
Case No.
ZA24-0006
Attachment A
Page 1
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: “I-2” Heavy Industrial District
HISTORY: May 1, 1979; City Council approved a zoning change from “AG”
Agricultural District to “F” Light Industrial District. (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’ 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)
November 7, 2017; City Council approved a Specific Use Permit for a 30’
Antenna Tower. (ZA17-078)
SOUTHLAKE
COMPREHENSIVE PLAN:
Consolidated Future Land Use Plan
The Future Land Use Plan designates portions of this property as
“Mixed Use” and “Industrial”. A portion of the property is also
designated as “100-Year Flood Plain”. The portion of the property in
which this addition is proposed is designated by the Southlake Future
Land Use Plan as Industrial.
Industrial land uses are defined as 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.
Typically, the Mixed-Use designation is intended for medium- to higher-
Case No.
ZA24-0006
Attachment A
Page 2
intensity office buildings, hotels, 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.
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.
TRANSPORTATION
ASSESSMENT: Mobility & Master Thoroughfare Plan
Access to the site is through Mustang Court, which currently has a
single access point to SH 26.
Area Road and Network Conditions
Mustang Court is a local commercial road with two drive lanes and a
central turn lane. The road currently serves a mix of heavy and light
industrial uses. 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: Due to the limited scope of this request, this item was not presented at a
SPIN or Corridor Planning Committee meeting.
PLANNING AND
ZONING COMMISSION: March 21, 2024: APPROVED (5-0), subject to the staff report dated March
15, 2024, and subject to the Specific Use Permit Review Summary dated
March 5, 2024.
Case No.
ZA24-0006
Attachment A
Page 3
STAFF COMMENTS: Attached is Review Summary No. 1 dated March 5, 2024.
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 B
ZA24-0006 Page 1
Case No. Attachment C
ZA24-0006 Page 1
SPECIFIC USE PERMIT REVIEW SUMMARY
Case No.: ZA24-0006 Review No.: One Date of Review: 03/05/24
Project Name: Specific Use Permit – Telecommunication Antenna Height Addition
APPLICANT: Property Owner:
NuStar Energy L.P.
19003 IH-10 West
San Antonio, TX 78257
Phone: (210)-668-0430
Email: Thomas.eitzen@nustarenergy.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
03/05/24 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF
YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT PEYTON
SHERMAN AT (817) 748-8269.
Planner: Peyton Sherman
Title: Planner
Email: psherman@ci.southlake.tx.us
Phone: (817) 718-8269
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
ZA24-0006 Page 2
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.
3) Aesthetics and Lighting:
Case No. Attachment C
ZA24-0006 Page 3
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
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
Case No. Attachment C
ZA24-0006 Page 4
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
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
Case No. Attachment C
ZA24-0006 Page 5
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 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
Case No. Attachment C
ZA24-0006 Page 6
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
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;
Case No. Attachment C
ZA24-0006 Page 7
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.
__________________________________________________________________________
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
1. No Comments
__________________________________________________________________________
Public Works/Engineering Review
Review No. 1 Date: 03/05/2024
Case No. ZA24-0006
Project Name: Specific Use Permit – Telecommunication Antenna Height Addition
Contact: Sandy Endy, P.E.
Email: sendy@ci.southlake.tx.us
Phone: (817) 748-8033
The following comments are based on the review of plans received on: 03/05/2024
It is the applicant’s responsibility to contact the department representative shown above and make
modifications as required by the comment.
1. No comments
Sandy Endy, P.E.
Development Engineer
E-mail: sendy@ci.southlake.tx.us
Case No. Attachment C
ZA24-0006 Page 8
____________________________________________________________________________
Fire Department Review
1. No comments
Lorenzo Chavez
Fire Inspector
____________________________________________________________________________
Informational Comments:
* Building permit(s) are required prior to commencement of any work.
* 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 Lighting Ordinance No. 693, as amended.
* Denotes Informational Comment
Case No. Attachment D
ZA24-0006 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO #Owner Zoning Physical Address Acreage Response
1 WRIGHT MUSTANG BUSINESS PARK L I1 1800 SH 26 2.66085922 NR
2 SOUTHLAKE, CITY OF AG 1719 E CONTINENTAL BLVD 2.379838268 NR
3 BRUMLOW PROPERTIES LLC I1 1635 BRUMLOW AVE 1.110763841 NR
4 VIBRA-WHIRL & CO INC I1 1675 BRUMLOW AVE 1.275514843 NR
5 WRIGHT BRUMLOW WEST RE LLC AG 1700 BRUMLOW AVE 0.006847564 NR
6 WRIGHT BRUMLOW WEST RE LLC AG 0.516166641 NR
7 PS LPT PROPERTIES INVESTORS I1 1750 MUSTANG CT 1.0291332 NR
8 BRUMLOW PROPERTIES LLC I1 1900 BRUMLOW AVE 2.028172129 NR
9 STELVIO LLC I1 1928 BRUMLOW AVE 0.766185243 NR
10 HOLLINGSHEAD MATERIALS LLC I1 1968 BRUMLOW AVE 0.495040818 NR
11 HOLLINGSHEAD MATERIALS LLC I1 1972 BRUMLOW AVE 0.469339427 NR
12 HOLLINGSHEAD MATERIALS LLC I1 1982 BRUMLOW AVE 1.452589339 NR
1000 NUSTAR LOGISTICS LP I2 1700 MUSTANG DR 27.09393723 U
Case No. Attachment E
ZA24-0006 Page 1
RESOLUTION NO. 24-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR
TELECOMMUNICATIONS TOWERS, ANTENNAS, AND ANCILLARY
STRUCTURES 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 Telecommunications Towers, Antennas, and Ancillary Structures
has been requested by a person or corporation having a proprietary interest in the property zoned as ““I-2”
Heavy Industrial District; and,
WHEREAS, in accordance with the requirements of Sections 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 to allow an antenna tower 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 Permit:
Case No. Attachment E
ZA24-0006 Page 2
City Council Motion:
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 2nd DAY OF APRIL, 2024.
CITY OF SOUTHLAKE
By: _________________________________
John Huffman
Mayor
ATTEST:
_________________________________
Amy Shelley, TRMC
City Secretary
Case No. Attachment E
ZA24-0006 Page 3
EXHIBIT ‘A”
Plans and Support Information