Item 6ACity of Southlake
Department of Planning
S T A F F R E P O R T
February 14, 2007
ZA06-184
CASE NO:
Specific Use Permit for a Telecommunications Antenna and Equipment Building
PROJECT:
at 340 Miron Drive
REQUEST: Nextel of Texas is requesting approval of a specific use permit for a
telecommunications antenna and equipment shelter. The purpose of the request is to
add:
Three (3) cellular antennas
An equipment building within the tower compound.
The following variances are 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 an additional
equipment building making the total to be 2 equipment building and 5 cabinets at
the facility.
Size of Building - The necessary equipment building shall not exceed 10 feet in
height (measured from grade) nor 180 square feet in total area. The applicant is
proposing an equipment building measuring 10 1/2 feet tall and having an area of
approximately 230 square feet.
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 a wall and
plantings as specified by City Council’s most recent approval for MetroPCS at this
location and more particularly described as follows:
Case No.
ZA 06-184
Previous specific use permits for new ground and tower equipment were approved
subject to following conditions:
seven Nellie R. Stevens Hollies being planted along Miron Drive street frontage
along with five live oak trees and irrigation to them along the south property
line.
Construct a stone or brick masonry wall on the front and sides of the facility;
Requiring immediate irrigation of the property that lies south of a line that is 25
feet north of the northerly fence;
Requiring that the irrigation not be battery-powered and will be typical
irrigation;
Requiring replacement of the three dead trees at the back of the facility with a
similar caliper tree;
Requiring that the gates to be installed will be a metal gate painted to blend
with the brick or stone similar to those at the trash dumpsters at Southlake
Town Square;
Stating that if the applicant has not applied for a re-plat of the property within
60 days, the applicant agrees to irrigate the entire lot.
The applicant has also shown the wall to be extended along the south boundary of the
compound.
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. 2, dated February 2, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Resolution No. 07-008
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA 06-184
BACKGROUND INFORMATION
OWNERS: American Tower Corp. & Southwestern Bell Wireless, Inc.
APPLICANT: Nextel of Texas
PROPERTY SITUATION: The property is located at 340 Miron Drive.
LEGAL DESCRIPTION: Lot 3R5, Block 1, Miron Subdivision
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: “B-1” Business Service Park District
HISTORY: -The “B-1” zoning district was placed on the property with approval of
Comprehensive Zoning Ordinance No. 480 on September 19, 1989.
-City Council approved a plat revision for Miron Addition on June 3, 1997.
-A Specific Use Permit for an XM microwave antenna and equipment cabinet
was approved by City Council on January 17, 2006.
-A Specific Use Permit for microwave antennas and equipment cabinet was
approved by City Council on May 16, 2006.
-City Council approved a Specific Use Permit for cellular antennas and
equipment cabinet on December 5, 2006.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
P&Z ACTION: February 8, 2007; Approved (5-0) subject to Concept Plan Review Summary
No. 2, dated February 2, 2007; granting the requested variances and requiring
the 8’ wall to be provided on all four sides of the property.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated February 2, 2007.
N:\Community Development\MEMO\2006cases\06-184SUP.doc
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Case No. Attachment B
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CONCEPT PLAN REVIEW SUMMARY
ZA06-184Two02/02/07
Case No.: Review No.: Date of Review:
Concept Plan
Project Name: - Telecomm Antenna & Equipment Building (340 Miron Dr)
APPLICANT: Nextel of Texas, Inc. OWNER: Spectrasite/American Tower Corp.
Doug Henderson
730 Oak View Dr
Oak Point, TX 75068
Phone: (214) 732-8666 and (817) 729-7006
Fax: (972) 380-3846 Email: dhenderson@barantelecom.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/22/07 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 BEN BRYNER AT (817) 748-8602.
1.The following comments are needed with regard to general concept plan requirements:
a.Label all adjacent properties and properties across adjoining R.O.W.’s with the owner’s name,
existing zoning, and land use map designation ("L.U.D.=_____"). Several lots exist along the
south border of the lot. Information is missing for lots within the Miron Addition.
b.Label the height of the proposed wall.
c.Show and label easements on the subject property and on all lots adjacent to the site.
2.Correct the land use designation in the Site Data Summary to be 'office commercial'.
3.The following changes are regarding specific requirements for telecommunications towers, antennas,
and ancillary buildings:
a.No more than three (3) separate equipment structures shall be located on a single lot. The
(A
proposed building will be the 7th structure at the site (1 building & 5 cabinets existing).
variance has been requested.)
b.The necessary equipment building shall not exceed 10 feet in height (measured from grade) nor
(A variance has been requested.)
180 square feet in total area.
c.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.
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1.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 Fire Marshal.
(A variance has been requested.)
2.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 Section 42 of this ordinance.
(A variance has been requested.)
City Council recently acted (December 5, 2006) on a similar request and required the following improvements
to be made on the site:
subject to the applicant constructing a stone or brick masonry wall on the front and sides of the facility;
requiring immediate irrigation of the property that lies south of a line that is 25 feet north of the
northerly fence;
requiring that the irrigation not be battery-powered and will be typical irrigation;
requiring replacement of the three dead trees at the back of the facility with a similar caliper tree;
requiring that the gates to be installed will be a metal gate painted to blend with the brick or stone
similar to those at the trash dumpsters at Southlake Town Square;
stating that if the applicant has not applied for a re-plat of the property within 60 days, the applicant
agrees to irrigate the entire lot;
requiring all conditions to be tied to this particular Specific Use Permit.
* 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.
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.
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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.
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.
Any variance requests have to be documented in writing and fully justified.
*
* 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.
* 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.
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.
* 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:
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a) 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.”
b) 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.
c) 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.
d) 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.
e) 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
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f) 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.
g) All construction shall comply with all ordinances of the city not in conflict with this section.
h) 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.
i) 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.
j) Any signal interference complaints associated with telecommunications towers or related
equipment shall be addressed in accordance with FCC rules and procedures.
k) 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.
l) 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
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Surrounding Property Owners
Lot 3R5, Block 1, Miron Addition – 340 Miron Dr
Owner Zoning Land Use Acreage
1.Lannom, Billy C B1 Office Commercial 0.749
2.Wetrich Realty Lp B1 Office Commercial 0.689
3.Rocky Mountain Holdings B1 Office Commercial 0.961
4.March Investments B1 Office Commercial 0.73
Matarangi Ltd
5.Dallas Smsa Tower Holdings B1 Office Commercial 0.924
Southwestern Bell Wireless
6.City of Southlake CS Public / Semi-Public 1.5
7.Schelling, Martin W Tr S-P-2 Office Commercial 4.823
8.Hollingsworth, Gerald L & B SF20-B Medium Density Residential 0.46
9.Inglis, Ronald C & Lona A SF20-B Medium Density Residential 0.46
10.Eddy, Kule W & Daye H SF20-B Medium Density Residential 0.46
11.Sudberry, Douglas A & Lisa SF20-B Medium Density Residential 0.46
12.Stalets, Scott & Valerie SF20-B Medium Density Residential 0.478
13.Miron, Gary A & Janice L C2 Office Commercial 0.51
14.Art of Long Driving, Inc B1 Office Commercial 0.603
15.Ewan, David B1 Office Commercial 0.499
16.Z & E Land Llc S-P-1 Office Commercial 1.03
17.Bruton, Paul R & Doreen S-P-2 Office Commercial 1.00
Case No. Attachment E
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Surrounding Property Owner Responses
340 Miron Dr
Notices Sent: Eighteen (18)
Responses: Two (2)
Name Address Date Position
Eddy, Kyle & Daye 1312 Westmont Court 2/12/2007 Support
Stalets, Scott & Valerie 1316 Westmont Court 1/29/2007 Undecided
Case No. Attachment F
ZA06-184 Page 1
RESOLUTION NO. 07-008
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 3R5,
BLOCK 1, MIRON 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 “B-1”
Business Service Park 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 3R5, Block 1, Miron Addition, an addition to the City
of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901, 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
ZA06-184 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
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EXHIBIT “A”
Being legally described as Lot 3R5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 3901, Plat Records, Tarrant County, Texas.
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EXHIBIT “B”
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