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
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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
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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”).
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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.
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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.
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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.
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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
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Surrounding Property Owner Responses
3700 N. White Chapel Blvd
Notices Sent: Two (2)
Responses: None (0)
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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
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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
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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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