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Item 6BCity of Southlake Department of Planning S T A F F R E P O R T December 20, 2006 ZA06-059 CASE NO: Specific Use Permit for Telecommunications Antenna and Equipment at 3700 PROJECT: N. White Chapel Blvd. REQUEST: On behalf of MetroPCS, Bauman Consultants is requesting approval of a specific use permit for a telecommunications antenna and equipment cabinet. The purpose of the request is to add: 1) three (3) cellular antennas; and 2) an equipment cabinet, battery and utility rack on the ground within the tower compound. The following variance is being requested:  Number of Buildings – No more than 3 separate equipment buildings/cabinets is permitted on a single lot. The applicant is proposing to add a 7th equipment shelter at the facility.  Screening & Bufferyards – Tower facilities 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. Where abutting public land, public streets, or land designated as low or medium density residential shall provide screening as required in an “F2” bufferyard. The applicant is proposing that the existing plantings and screening be permitted. However, the property owner has submitted a letter stating that they are willing to upgrade the existing chain-link fence to an eight (8) foot wooden/stockade type fence on a steel frame (see letter on page 2 of Attachment C). The previous approval for equipment on this facility allowed screening of the compound as follows:  Elaeagnus shrubs plants along the south and west property lines and Nellie R. Stevens Hollies on the north and east property lines with four additional hollies wrapping around the southeast corner and requiring the replacement of the dead plants along the White Chapel Boulevard frontage. This plant material has been installed. Case No. ZA 06-059 1. Conduct public hearing ACTION NEEDED: 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Concept Plan Review Summary No. 3, dated November 3, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Resolution No. 07-xxx STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA 06-059 BACKGROUND INFORMATION OWNER: American Tower Corporation & MCI Telecommunications APPLICANT: Bauman Consultants on behalf of MetroPCS PROPERTY SITUATION: The property is located at 3700 N. White Chapel Blvd. LEGAL DESCRIPTION: Lot 1, Block A, Oien Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “CS” Community Service 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. TREE PRESERVATION: All of the dead and/or dying plant material has been replaced within the past month and the site is currently being maintained. Code Enforcement Staff is monitoring the site for maintenance requirements. P&Z ACTION: November 9, 2006; Approved to table until December 7, 2006. December 7, 2006; Approved (6-0) subject review; granting the requested variances; noting the applicant’s willingness to erect an 8 foot masonry fence around the exterior of the compound; and, installing a metal door to match the color of the brick. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated November 3, 2006. N:\Community Development\MEMO\2006cases\06-059SUP.doc Case No. Attachment A ZA 06-059 Page 1 Case No. Attachment B ZA 06-059 Page 1 Case No. Attachment C ZA 06-059 Page 1 Case No. Attachment C ZA 06-059 Page 2 Case No. Attachment C ZA 06-059 Page 3 Case No. Attachment C ZA 06-059 Page 4 Case No. Attachment C ZA 06-059 Page 5 Case No. Attachment C ZA 06-059 Page 6 Case No. Attachment C ZA 06-059 Page 7 Case No. Attachment C ZA 06-059 Page 8 Case No. Attachment C ZA 06-059 Page 9 CONCEPT PLAN REVIEW SUMMARY ZA06-059Three11/03/06 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Telecomm Antenna & Equipment Box (3700 N. White Chapel) APPLICANT: Metro PCS OWNER: Spectrasite/American Tower Corp. Dave Green 416 Fountain Park Euless, TX 76039 Phone: (817) 692-1989 Phone: Fax: (817) 860-0077 dave@baumanconsultants.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/23/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER (817) 748-8602. 1.Show and label the entire existing R.O.W. Correctly dimension the traveled roadway widths. (A variance has 2.No more than three (3) separate equipment structures shall be located on a single lot. been requested.) 3.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. a.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 (A variance has been requested.) Fire Marshal. b.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 (A variance has been requested.) Section 42 of this ordinance. 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 Case No. Attachment D ZA 06-059 Page 1 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. Any variance requests have to be documented in writing and fully justified. * 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; 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. * 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 should be aware that the following issues must be addressed either prior to issuance of a building permit and/or during the operational period of the tower: 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. b) Applicants shall provide the city with certification of compliance with ANSI and IEEE Standards regarding human exposure to non-ionizing electromagnetic radiation (“NIER”). Case No. Attachment D ZA 06-059 Page 2 c) 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.” d) 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. e) 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. f) 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 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. g) 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. Case No. Attachment D ZA 06-059 Page 3 h) 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. i) All construction shall comply with all ordinances of the city not in conflict with this section. j) 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. k) 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. l) Any signal interference complaints associated with telecommunications towers or related equipment shall be addressed in accordance with FCC rules and procedures. m) 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. n) Tower owner(s) shall bear all demolition costs. * The applicant should be aware that prior to issuance of a building permit a 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 D ZA 06-059 Page 4 Case No Review No.Dated: Number of Pages: . 06-059 _Three_ October 30, 2006 2 ___ Project Name: 3700 North White Chapel Dr. Telecommunications Antenna (SUP) Comments due to the Planning Department: November 3, 2006_____ ContactPhone:Fax: : Keith Martin (817) 748-8229__________ (817) 481-5713___________ =========================================================================== The following comments are based on the review of plans received on October 23, 2006 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department . representative shown above and make modifications as required by the comment =========================================================================== LANDSCAPE COMMENTS: * All of the dead and or dying plant material has been replaced within the past month and the site is currently being maintained. Code Enforcement Staff is monitoring the site for maintenance requirements. Case No. Attachment D ZA 06-059 Page 5 Surrounding Property Owners Lot 1, Block A, Oien Addition 3700 N. White Chapel Blvd Owner Zoning Land Use Acreage 1.MCI Telecommunications CS Public / Semi-Public 1.079 2.USA AG Army Corps of Engineers 20.89 3.Oien, Alvin F Jr AG Low Density Residential 38.555 4.USA AG Army Corps of Engineers 16.6 5.City of Southlake AG Public Park / Open Space 77.7 6.USA AG Army Corps of Engineers 20.875 7.Oien, A F AG Low Density Residential 0.516 8.USA AG Army Corps of Engineers 16.857 Case No. Attachment E ZA 06-059 Page 1 Surrounding Property Owner Responses 3700 N. White Chapel Blvd Notices Sent: Two (2) Responses: None (0) Case No. Attachment F ZA06-059 Page 1 RESOLUTION NO. 07-xxx 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 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 Case No. Attachment G ZA06-059 Page 1 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 __________, 2007. CITY OF SOUTHLAKE By: _________________________________ Andy Wambsganss, Mayor ATTEST: _________________________________ Lori Farwell, TRMC City Secretary Case No. Attachment G ZA06-059 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. Case No. Attachment G ZA06-059 Page 3 EXHIBIT “B” Case No. Attachment G ZA06-059 Page 4 Case No. Attachment G ZA06-059 Page 5 Case No. Attachment G ZA06-059 Page 6 Case No. Attachment G ZA06-059 Page 7 Case No. Attachment G ZA06-059 Page 8 Case No. Attachment G ZA06-059 Page 9 Case No. Attachment G ZA06-059 Page 10 Case No. Attachment G ZA06-059 Page 11