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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