Item 6E
Department of Planning & Development Services
S T A F F R E P O R T
May 28, 2008
ZA08-027
CASE NO:
Specific Use Permit for a Telecommunications Antenna at 1205 S. White Chapel
PROJECT:
Boulevard
REQUEST: Zone Systems, Inc. is requesting approval of a specific use permit. The purpose of the
request is to add:
Three (3) cellular antennas within an ornamental cupola on an existing building.
All associated equipment to be located within the existing building.
Due to the antennas and associated equipment all being located within the existing
building, no changes to the approved site plan are being proposed.
The following variance is being requested:
Co-location of providers - 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. The
applicant is requesting relief from this requirement.
A Specific Use Permit was approved (6-0) by the Planning and Zoning Commission on
February 16, 2007 and (6-0) by City Council on March 6, 2007 granting the requested
permit and variance as currently proposed (Case # ZA06-133). No building permit was
issued and construction did not begin within six (6) months of granting the SUP and it
expired. The purpose of this case is to obtain re-approval of the Specific Use Permit.
There are no changes from the original approval.
Conduct a Public Hearing
ACTION NEEDED: 1)
Consider approval of a Specific Use Permit
2)
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Case No.
ZA08-027
(D) Variance Request Letter
Site Plan Review Summary No. 1, dated April 23, 2008
(E)
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) SPIN Meeting Report dated 2/12/2007 from previously approved case
Resolution No. 08-022
(I)
(J) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA08-027
BACKGROUND INFORMATION
OWNER: Robert Dean & Judith Thomas
APPLICANT: Zone Systems, Inc.
PROPERTY SITUATION: 1205 S. White Chapel Boulevard
LEGAL DESCRIPTION: Lot 2R2, H. Medlin No. 1038 Addition
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: “S-P-1” Detailed Site Plan District
HISTORY: -The City Council approved a 2-lot plat showing on June 20, 1995.
-A site plan was approved by the City Council on October 21, 1997.
-City Council approved a zoning change to "S-P-1" and associated site plan on
December 16, 1997.
-A plat revision to subdivide Lot 2 into 5 separate lots was approved by City
Council on November 26, 2001.
-February 22, 2007; Approved (6-0) subject to Concept Plan Review Summary
No. 4, dated February 16, 2007; granting the requested variance for co-location
of providers; and specifying that there will only be one lightning rod on the
building as presented.
-March 6, 2007; Approved (6-0) subject to the recommendations of the
Planning and Zoning Commission; and subject to Site Plan Review Summary
No. 4, dated February 16, 2007, granting requested variances noting the
applicant’s statement that he only needs one lightening rod.
-No building permit was issued and construction did not begin within six (6)
months of the granting of the SUP and it expired.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
P&Z ACTION: May 22, 2008; Approved (5-1) (Peebles) granting a variance to the co-location
of providers and subject to the staff report as presented.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated April 23, 2008.
N:\Community Development\MEMO\2006cases\06-133SUP.doc
Case No.Attachment A
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Case No. Attachment B
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Link to Slide Show Presentation
Case No. Attachment C
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Case No. Attachment D
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SITE PLAN REVIEW SUMMARY
ZA08-027One04/23/08
Case No.: Review No.: Date of Review:
Site Plan
Project Name: – Telecommunications Tower & Antenna @ 1205 S. White Chapel Blvd #100
APPLICANT:Zone Systems, Inc OWNER:
Peter Kavenaugh Robert Dean and Judith Thomas
1620 Handley, Suite A 1205 S. White Chapel Blvd, Suite 100
Dallas, TX 75208 Southlake, TX 76092
Phone: (214) 941-4440 Phone: (817) 442-9311
Fax: (214) 941-5259 peterk@zonesystems.com Fax: (817) 442-9972
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/31/08 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.
Verify that the tower will comply with the regulation that 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
(A variance has been requested.)
non-discriminatory basis.
1.Please change legal description to Hall Medlin No. 1038 Addition, Lot 2R2.
2.Identify the parking space to be used by the site. Staff recommends using one of the existing spaces
within the site.
* 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.
* 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 andantennas into compliance with such
revised standards and regulations shall constitute grounds for the removal of the tower or
antenna at the owner’s expense.
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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.
Variances -At the time of review of any required Concept Plan, the City Council may grant variances to the
development standards set forth in Ord, 480, Section 45.8, as amended. To receive a variance, the applicant
must demonstrate the following:
1)A variance will reduce the impact of the project on surrounding residential properties;
2)Compliance with this ordinance would impair the architectural design or creativity of the project; or
3)A variance is necessary to assure compatibility with surrounding developed properties.
4)In order to grant a variance, the City Council must determine that:
a.A literal enforcement of the regulations will create an unnecessary hardship or a practical difficulty
for the applicant;
b.The situation causing the unnecessary hardship or practical difficulty is unique to the affected
property and is not self imposed;
c.The variance will not injure and will be wholly compatible with the use and permitted development
of adjacent properties;
d.The granting of the variance will be in harmony with the spirit and purpose of this ordinance.
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.
INFORMATIONAL COMMENTS
* 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.
* 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.
Case No. Attachment E
ZA08-027 Page 2
* 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 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
Case No. Attachment E
ZA08-027 Page 3
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.
shall not
* The proposed site exceed the maximum permitted impervious coverage area percentage of
65% for the “O-1” Zoning District.
* 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
ZA08-027 Page 4
Surrounding Property Owners Map
1205 S. White Chapel Blvd.
Verizon Wireless (Telecommunications Antenna)
SPO # Owner Zoning Land Use Acreage
1.
North Park Terrace Apt V Etal SP1 Med. Density Residential/Office Commercial 0.75
2.
Westerra Timarron Lp RPUD Office Commercial 0.16
3.
Inprov Real Estate Lp SP1 Office Commercial 0.84
4.
International Warranty Gp Inc SP1 Office Commercial 0.86
5. Med. Density Residential/Office Commercial
North Park Terrace Apt V Etal SP1 1.12
6. Med. Density Residential/Office Commercial
North Park Terrace Apt V Etal SP1 1.28
7. Med. Density Residential/Office Commercial
Rutherford, Robert Etux Teresa C1 0.84
8. Med. Density Residential/Office Commercial
Timarron Owners Assn Inc RPUD 10.60
9. Med. Density Residential/Office Commercial
Anderson, Ernest Jr RPUD 0.43
10. Med. Density Residential/Office Commercial
Kendall, E J & V J RPUD 0.41
11. Med. Density Residential/Office Commercial
Bradshaw, Richard J & Jeanette RPUD 0.42
12.
Lester, Todd K Etux Darcie L RPUD Medium Density Residential 0.43
13.
Saunders, Reginald Etux Paulet SF20A Medium Density Residential 0.44
14.
Lucas, Jeffrey T Etux Anya S SF20A Medium Density Residential 0.48
15.
McCall, Donald R Etux Sandra R SF1-A Low Density Residential 1.01
16.
Westerra Timarron Lp AG Low Density Residential 0.10
17.
Southlake, City Of SF1-A Low Density Residential 0.19
Case No. Attachment F
ZA08-027 Page 1
Surrounding Property Owner Responses
Notices Sent: Seventeen (17)
Responses Received: None (0)
Case No. Attachment G
ZA08-027 Page 1
SPIN MEETING REPORT
CASE NO.
ZA06-133
PROJECT NAME:
Verizon Telecommunications Antenna
1205 S. White Chapel Blvd
SPIN DISTRICT:
9W
MEETING DATE:
7:30PM, February 12, 2007
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Approximately Seven (7)
SPIN REPRESENTATIVE(S) PRESENT:
Jim Jeppe (9w)
APPLICANT(S) PRESENT:
Peter Cavanaugh of Zone Systems, Inc.
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
APPLICANT PRESENTATION SUMMARY
Verizon is requesting to place a cellular antenna inside one of two cupolas (architectural feature on a roof) on a
building located at 1205 S. White Chapel Boulevard. All equipment will be placed within the office building or cupola.
Their previous submittals to the City showed an enclosed area outside the building to house all the operating equipment, but
discussions with property owners led them to install the equipment inside.
QUESTIONS & DISCUSSION
What will be different than the current cupola?
QUESTION:
RESPONSE: The new cupola will look identical to the old one but will be made of RF-friendly material to allow the
signals through. Colors will match, but any openings (window-like features) will have to be closed off.
A relatively small lightning rod will be added to protect the equipment and the building from lightning
strikes.
How big is the space that will be rented out in the building?
QUESTIONS:
RESPONSE: The space Verizon will be renting is between 10x10 or 10x15.
When is this going to the Planning and Zoning Commission?
QUESTION:
RESPONSE:February 22, 2007
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor
official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised
by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant.
Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.
RESOLUTION NO. 08-022
Case No. Attachment H
ZA08-027 Page 1
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 2R2,
H. MEDLIN NO. 1038 ADDITION, 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 “S-P-1”
Detailed 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 Lot 2R2, H. Medlin No. 1038 Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 7276 & 7277,
Plat Records, Tarrant County, Texas, 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,
subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein.
Case No. Attachment I
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The following specific requirements and special conditions shall be applicable to the granting of this Specific
Use Permit:
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 I
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EXHIBIT “A”
Being legally described as Lot 2R2, H. Medlin No. 1038 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 7276 & 7277, Plat Records, Tarrant
County, Texas.
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EXHIBIT “B”
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Site Plan
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