Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
November 12, 2009
CASE NO: ZA09-044
PROJECT: Specific Use Permit for Clear Wireless Co-Location
REQUEST:
On behalf of Clear Wireless, Lisa Schmidt of American Tower Corporation is
requesting approval of a specific use permit for the co-location of antennas and
ancillary structures on an existing telecommunications tower. The proposal
consists of adding three (3) antennas to the existing telecommunications tower and
the addition of one (1) equipment cabinet.
Variances
: Number of Buildings – No more than three (3) separate
buildings/cabinets is permitted on a single lot. The applicant is proposing to add
one (1) additional cabinet making a total of five (5) equipment buildings and four (4)
cabinets at this facility.
The previous specific use permits for new ground and tower equipment were
approved subject to the following conditions:
An 8-foot masonry wall comparable to the City Miron Water Tower site;
Maintain existing landscaping around the masonry wall;
Add 8-foot to 10-foot red cedars (6-8 in quantity) on both sides of the
access driveway into the site;
Irrigate the turf along the access driveway;
Establish a maintenance schedule of once a week in summer;
Replace any dead vegetation on an on-going basis;
And, to double the number of evergreen trees by adding four more trees
on each side of the driveway.
The installation is in compliance with these conditions.
ACTION NEEDED: 1) Conduct Public Hearing
2) Consider Specific Use Permit approval request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) Review Summary No. 2 dated October 19, 2009
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Resolution No. 09-072
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Dennis Killough (817) 748-8072
Daniel Cortez (817) 748-8070
Case No.
ZA09-044
BACKGROUND INFORMATION
OWNER:
McI Telecommunications (American Tower Corporation)
APPLICANT:
Clear Wireless, LLC
PROPERTY SITUATION:
3700 N. White Chapel Boulevard
LEGAL DESCRIPTION:
Lot 1, Block A, Oien Subdivision
LAND USE CATEGORY:
Public / Semi-Public
CURRENT ZONING:
“CS” Community Service Zoning District
HISTORY:
-A preliminary plat for the Oien Addition was approved by City Council on
September 6, 1988.
- A final plat for Lot 1, Block A, Oien Addition was approved by City Council
on October 4, 1988.
- City Council approved a change of zoning to “CS” for Lot 1, Block A, Oien
addition on May 16, 1989.
- A site plan for a telecommunications tower was approved by City Council
on February 20, 1996.
- City Council approved a specific use permit for the co-location of a
telecommunications antenna on an existing tower on May 4, 2004.
- A Specific Use Permit for an XM microwave antenna and equipment
cabinet was approved by City Council on January 17, 2006.
- City Council approved a specific use permit for antennas and equipment
for Metro PCS on January 2, 2007.
- Lastly, two more Specific Use Permits for antennas and equipment were
approved by City Council, the first on January 16, 2007 and the next on
October 16, 2007.
PLANNING &
ZONING COMMISSION:
November 5, 2009; Approved (7-0) granting the requested variance and
subject to Review Summary No. 2 dated October 19, 2009.
STAFF COMMENTS:
Attached is Wireless Facility Plan Review Summary No. 2 dated October
19, 2009.
N:\Community Development\MEMO\2009cases\044 - SUP - Clear Wireless Co-Location\Staff Report
Case No. Attachment A
ZA09-044 Page 1
Case No. Attachment B
ZA09-044 Page 1
Plans and Support Information
LINK TO POWERPOINT PRESENTATION
Case No. Attachment C
ZA09-044 Page 1
Case No. Attachment C
ZA09-044 Page 2
Case No. Attachment C
ZA09-044 Page 3
Case No. Attachment C
ZA09-044 Page 4
WIRELESS FACILITY PLAN REVIEW SUMMARY
Case No.: ZA09-044 Review No.: Two Date of Review: 10/19/2009
Project Name: Clear Wireless Communications Facility
APPLICANT: OWNER:
Clearwire Communications, LLC American Tower, LP
4400 Carillon Point 116 Huntington Avenue
Kirkland, WA 98033 Boston, MA
Phone: (972) 735-0225 (Lisa Schmidt) Phone: (940) 498-9701
Email: lisa.schmidt@americantower.com Fax: (940) 498-9701
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/09 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 DANIEL CORTEZ AT (817) 748-8070
1.No more than three (3) separate equipment structures shall be located on a single lot.
Currently there are five (5) equipment buildings and three (3) cabinets located on site. (A
variance is being requested)
2.This proposal is subject to any previous conditions and requirements established for this site.
3.Any landscaping that needs replacement as a part of previously approved landscape plan or
condition as determined by City Staff.
----- Informational Comments -----
Aesthetics and Lighting
* Highly reflective surfaces shall not be permitted. No glare shall be emitted to adjacent
properties.
* 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.
* 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).
Case No. Attachment D
ZA09-044 Page 1
* Any temporary lighting shall be oriented inward so as not to project onto surrounding
residential property.
Federal Requirements (FAA, FCC, ANSI)
* 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.
* Applicants shall provide the city with certification of compliance with ANSI and IEEE Standards
regarding human exposure to non-ionizing electromagnetic radiation (“NIER”).
Building Codes; Safety Standards
* 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.
* 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.”
* 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.
* 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.
Case No. Attachment D
ZA09-044 Page 2
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.
* 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.
* 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.
Maintenance and Parking
* Equipment shall be automated to the greatest extent possible to reduce traffic and congestion.
* Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and access
roads.
* All structures shall be maintained free from graffiti.
* 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.
Other Conditions of Approval
* Documentation of FAA approval shall be provided when towers are near public airports or
flight paths.
* 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 there under of not less than:
Case No. Attachment D
ZA09-044 Page 3
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.
* 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.
* 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.
* All construction shall comply with all ordinances of the city not in conflict with this section.
* 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.
* 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.
Abandonment
* 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
Case No. Attachment D
ZA09-044 Page 4
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.
* Tower owner(s) shall bear all demolition costs.
Interference
* Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
* It appears that this property lies within the 75 LDN D/FW Regional Airport Overlay Zone
and will require construction standards that meet requirements of the Airport Compatible
Land Use Zoning Ordinance No. 479.
* Denotes Informational Comment
Case No. Attachment D
ZA09-044 Page 5
Surrounding Property Owners
Clear Wireless Co-Location
SPO # Owner Zoning Land Use Acreage Response
Low Density Residential, Corps of
1. NR
J Lambert Construction Inc RPUD 1.00
Engineers Property
Low Density Residential, Corps of
2. NR
Southlake, City Of RPUD 0.59
Engineers Property
Low Density Residential, Corps of
3. NR
McI Tele-Communications CS 1.18
Engineers Property, Public/Semi-
Public, Low Density Residential
Corps of Engineers Property, Public
4. NR
U S A AG 94.75
Park/Open Space, Low Density
Residential
Corps of Engineers Property, Public
5. NR
Southlake, City Of AG 42.56
Park/Open Space
Low Density Residential, Corps of
6. NR
U S A AG 19.68
Engineers Property, Public/Semi-
Public, Low Density Residential
Low Density Residential, Corps of
7. NR
U S A AG 15.38
Engineers Property
Low Density Residential, Corps of
Engineers Property, Medium Density
8. NR
U S A AG 16.96
Residential, 100-Year Flood Plain,
Medium Density Residential
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eight (8) - Attached
Responses Received:
None (0) - Attached
Case No. Attachment E
ZA09-044 Page 1
Surrounding Property Owner Responses
Case No. Attachment F
ZA09-044 Page 1
RESOLUTION NO. 09-044
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 1, BLOCK A, OIEN
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 “CS” Community Service District; and,
WHEREAS
, in accordance with the requirements of Section 45.1 (31) 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 1, Block A, Oien
Case No. Attachment G
ZA09-044 Page 1
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Volume 388-218, Page 14, 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 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.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
TH
PASSED AND APPROVED THIS 17 DAY OF NOVEMBER, 2009.
CITY OF SOUTHLAKE
By:
_________________________________
Mayor
ATTEST:
_________________________________
City Secretary
Case No. Attachment G
ZA09-044 Page 2
EXHIBIT “A”
Being legally described as Lot 1, Block A, Oien Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-218,
Page 14, Plat Records, Tarrant County, Texas.
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EXHIBIT “B”
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Site Plan
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Tower Photographic Simulation
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