Item 6C
Department of Planning & Development Services
S T A F F R E P O R T
August 13, 2008
ZA08-036
CASE NO:
Specific Use Permit for a Telecommunications Antenna – Verizon Wireless
PROJECT:
REQUEST: Zone Systems, Inc. is requesting approval of a specific use permit for a
telecommunications antenna at 2180 & 2190 E. Dove Road. The Verizon Wireless
antenna will be relocated from a TXU tower one mile south of the proposed location to
a TXU tower at the northwest corner of Kimball Avenue and Dove Road. The purpose
of the relocation is to provide better service to customers to the north and to alleviate
interference from antennas on the water tower on Miron Drive. Equipment cabinets at
the base of the tower will be located in a twelve (12) foot by fifteen (15) foot leased
space and will be surrounded by an eight foot (8’) wrought iron fence with solid metal
gates.
The following variances are being requested:
F2 bufferyard plantings – The placement of plantings as required in an F2
bufferyard is required (as a minimum), (Zoning Ord. No. 480, Section 45.7.d.8.c).
The applicant is requesting a waiver from this requirement in an effort to save as
many tree roots as possible.
Screening – The applicant is requesting a waiver of the eight foot (8’) evergreen
hedge that is required if a wrought iron fence is used as an enclosure (Zoning Ord.
No. 480, Section 45.7.d.8.b)
1. Conduct public hearing
ACTION NEEDED:
2. Consider specific use permit approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Waiver Request
Review Summary No. 5 dated August 13, 2008
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
Resolution No. 08-042
(H)
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA08-036
BACKGROUND INFORMATION
OWNERS: Rickey & Margie McPherson
APPLICANT: Verizon Wireless
PROPERTY SITUATION: 2180 & 2190 E. Dove Road
LEGAL DESCRIPTION: Tract 1E1, Francis Throop Survey, Abstract No. 1511 and Lot 1, Block
1, Yates Corner Addition
LAND USE CATEGORY: Retail Commercial
CURRENT ZONING: C-1 Neighborhood Commercial District and S-P-2 Generalized Site
Plan District
HISTORY: -A zoning change and concept plan for Yates Corner Storage was
approved by City Council on May 17, 1994.
-A site plan for Yates Corner Storage was approved by City Council
March 21, 1995.
-A Specific Use Permit (ZA05-100) for the Verizon wireless antenna at
500 N. Kimball Ave. that is to be relocated was approved by City
Council December 6, 2005.
TREE PRESERVATION: The applicant is proposing to relocate the concrete pad for the
electrical equipment approximately eighty feet (80’) north of the
previously proposed location. The new location is centered directly
between two existing Post Oak trees and no trees are proposed to be
removed. Although the pad is within the critical root zone area of the
existing trees it does not look like it would cover more than 25% of the
trees critical root zone area.
P&Z ACTION: June 17, 2008; Approved to table until August 7, 2008 to give the
applicant and the property owner an opportunity to move the proposed
location for the equipment cabinets away from E. Dove Road.
August 7, 2008; Approved (5-0) subject to Site Plan Review Summary
No. 4, dated August 1, 2008; granting the requested variances;
stipulating that if any trees are lost due to improvements or
disturbance, they must be mitigated 1 to 1 per caliper inch and provide
evergreen plant screening.
STAFF COMMENTS: Equipment cabinets at the base of the tower will be located in a twelve
(12) foot by fifteen (15) foot leased space and will be surrounded by an
eight foot (8’) wrought iron fence. At the request of the Planning and
Zoning Commission, the applicant has relocated the proposed site for
the equipment cabinets one hundred thirty feet (130’) away from E.
Dove Road. Since the equipment cabinets will be less visible from E.
Dove Rd. and from adjacent properties at the newly proposed site, the
applicant is proposing a wrought iron fence with solid metal gates on
the southern boundary of the site, which will be the side facing E. Dove
Road. The northern boundary of the leased property for the equipment
cabinets will abut the chain link fence that surrounds the Yates Storage
Case No. Attachment B
ZA08-036 Page 1
Buildings and that fence will serve as the enclosure on the north side.
The applicant is requesting a variance to the requirement for an eight
foot (8’) evergreen hedge surrounding the wrought iron fence and to
the requirement for landscape plantings in an F2-type bufferyard.
Case No. Attachment B
ZA08-036 Page 1
Case No. Attachment B
ZA08-036 Page 1
Plans and support information
Case No. Attachment C
ZA08-036 Page 1
Waiver Request Letter
Case No. Attachment D
ZA08-036 Page 1
Case No. Attachment D
ZA08-036 Page 2
SITE PLAN REVIEW SUMMARY
ZA08-036Five08/13/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Telecommunications Tower & Antenna @ 2180 and 2190 E. Dove Rd.
APPLICANT:Zone Systems, Inc OWNER:
Peter Kavenaugh (Lisa Campbell) Rickey E. and Margie McPherson
1620 Handley, Suite A 2190 Dove Rd.
Dallas, TX 75208 Southlake, TX 76092
Phone: (214) 941-4440 Cell: 214-907-5197 Phone: (817) 946-2105
Fax: (214) 941-5259 peterk@zonesystems.com Fax: (817) 442-9972
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
07/31/08 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
RICHARD SCHELL AT (817) 748-8602.
1. 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
(See also the review comments of the Landscape Administrator).
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
The
removal shall be in accordance to the Tree Preservation Ordinance, as amended.
applicant is requesting a reduction in the landscaping requirements based on the
distance of the lease area from the public right-of-way and on the presence of two
post oak trees adjacent to the site, with one tree being located to the west of the
lease area and the other to the east.
b) Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be
wrought iron
enclosed by an eight (8) foot, solid screening fence or masonry wall or a
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. The proposed wrought iron fence would
comply with the screening regulations if it is surrounded by an eight foot (8’) evergreen
The
hedge in addition to the buffer of plant materials described in the landscape review.
applicant isrequesting a waiver of the eight foot (8’) evergreen hedge that is required
with the wrought iron fence.
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
The applicant is requesting a
minimum) as described in Section 42 of this ordinance.
waiver of the plantings required in an “F2” bufferyard.
INFORMATIONAL COMMENTS
Case No. Attachment E
ZA08-036 Page 1
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* Please note the following regulations concerning equipment structures:
a) 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.
b) 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.
c) The necessary equipment building shall not exceed 10 feet in height (measured from
grade) nor 180 square feet in total area.
d) No more than three (3) separate equipment buildings shall be located on a single lot.
Please note the following regulations concerning 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.
* Documentation of FAA approval shall be provided when towers are near public airports or flight
paths.
* 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 controllingfederal 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.
Case No. Attachment E
ZA08-036 Page 2
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.
* 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.
* 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, which 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.
* 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.
* Tower owner(s) shall bear all demolition costs.
* Any signal interference complaints associated with telecommunications towers or related equipment
shall be addressed in accordance with FCC rules and procedures.
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.
* 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
Case No. Attachment E
ZA08-036 Page 3
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 affect 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.
* 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.
* The applicant should be aware that prior to issuance of a building permit a fully corrected site plan,
landscape plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter
Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
Case No. Attachment E
ZA08-036 Page 4
LANDSCAPE ADMINISTRATOR COMMENTS
Keith Martin
Landscape Administrator
(817) 748-8229
TREE CONSERVATION COMMENTS:
1. The applicant is proposing to relocate the concrete pad for the electrical equipment approximately
eighty feet (80’) north of the previously proposed location. The new location is centered directly
between two existing Post Oak trees and no trees are proposed to be removed. Although the pad is
within the critical root zone area of the existing trees it does not look like it would cover more than 25%
of the trees critical root zone area but the location and placement of the equipment pad and the
trenching for service lines must be inspected prior to permitting.
Trenching to supply a service to the structure must be done in way that least intrusive on the critical
root zone area of the existing trees on the property. This not only includes the tree adjacent to the
structure but also the trees closer to the right-of-way, from where a supply line might be coming from.
2. In addition to disturbing the roots for the water lines, providing irrigation to trees that have never been
irrigated would be altering the trees and that could be harmful.
Community Service/Parks Department Review Comments
Peter Kao
Construction Manager
817-748-8607
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if
requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for
further details.
Land/park dedication requirements:
Requires no park dedication fees.
Pathway Comments:
No trail or sidewalk required.
Other informational comments?
Case No. Attachment E
ZA08-036 Page 5
Surrounding Property Owners
Verizon Wireless (Telecommunications Antenna)
SPO # Owner Zoning Land Use Acreage
1. Medium Density Residential, Low Density
Collier, James D Etux Vivian S SF1-A Residential 2.41
2. Low Density Residential, Retail
Decaro, Thomas C Etux Susan E SF1-A Commercial 7.57
3. Medium Density Residential, Retail
McPherson, Rickey Etux Margie SP2 Commercial 3.23
4.
Prinz, Martin W AG Medium Density Residential 1.19
5.
McPherson, Rickey Etux Margie C1 Retail Commercial 0.64
6.
Cheatham Partners AG Medium Density Residential 0.99
7. Low Density Residential, Retail
Long, Pamela D SF1-A Commercial 2.99
8.
Cate, Mabel SF1-A Low Density Residential 2.12
9.
Ward, Donnie W Etux Leigh C1 Retail Commercial 1.12
10.
Wagner, Paul C1 Retail Commercial 0.68
11. Low Density Residential, Retail
Long, Pamela D SF1-A Commercial 1.04
12.
City of Grapevine
Case No. Attachment F
ZA08-036 Page 1
Surrounding Property Owner Responses
Verizon Wireless (Telecommunications Antenna)
Notices Sent:
Twelve (12)
Responses Received:
None (0)
Case No. Attachment G
ZA08-036 Page 1
RESOLUTION NO. 08-042
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 A
PORTION OF LOT 1, BLOCK 1, YATES CORNER ADDITION AND A
PORTION OF TRACT 1E1, FRANCIS THROOP SURVEY, ABSTRACT
NO. 1511 AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE 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 “C-1”
Neighborhood Commercial District and “S-P-2” Generalized Site Plan District; and,
WHEREAS
, in accordance with the requirements of Section 45.1(30) and Section 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, and ancillary
buildings on the property being legally described as a portion of Lot 1, Block 1, Yates Corner Addition, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
2231, Plat Records, Tarrant County, Texas and a portion of Tract 1E1, Francis Throop Survey, Abstract No.
1511, more fully and completely described in Exhibit “A”, and as depicted on the approved Site Plan attached
Case No. Attachment H
ZA08-036 Page 1
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.
PASSED AND APPROVED THIS DAY OF _____, 2008.
___
CITY OF SOUTHLAKE
By: _________________________________
Andy Wambsganss, Mayor
ATTEST:
_________________________________
Lori Payne, TRMC
City Secretary
Case No. Attachment H
ZA08-036 Page 2
EXHIBIT “A”
Being legally described as a portion of Lot 1, Block 1, Yates Corner Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2231, Plat Records,
Tarrant County, Texas and a portion of Tract 1E1, Francis Throop Survey, Abstract No. 1511, being more
completely described by metes and bounds as follows:
LEASE AREA 12’ X 15’
Case No. Attachment H
ZA08-036 Page 3
15’ INGRESS/EGRESS & UTILITY EASEMENT
Case No. Attachment H
ZA08-036 Page 4
EXHIBIT “B”
Case No. Attachment H
ZA08-036 Page 5
Case No. Attachment H
ZA08-036 Page 6
Case No. Attachment H
ZA08-036 Page 7
Site Plan
Case No. Attachment H
ZA08-036 Page 8
Case No. Attachment H
ZA08-036 Page 9
Case No. Attachment H
ZA08-036 Page 10
Case No. Attachment H
ZA08-036 Page 11
Case No. Attachment H
ZA08-036 Page 12
Case No. Attachment H
ZA08-036 Page 13
Case No. Attachment H
ZA08-036 Page 14