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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 Case No. Attachment A ZA 06-184 Page 1 Case No. Attachment B ZA 06-184 Page 1 Case No. Attachment C ZA 06-184 Page 1 Case No. Attachment C ZA 06-184 Page 2 Case No. Attachment C ZA 06-184 Page 3 Case No. Attachment C ZA 06-184 Page 4 Case No. Attachment C ZA 06-184 Page 5 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. Case No. Attachment D ZA 06-184 Page 1 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. Case No. Attachment D ZA 06-184 Page 2 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: Case No. Attachment D ZA 06-184 Page 3 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 ZA 06-184 Page 4 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 ZA 06-184 Page 5 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 ZA 06-184 Page 1 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 ZA06-184 Page 2 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. Case No. Attachment G ZA06-184 Page 3 EXHIBIT “B” Case No. Attachment G ZA06-184 Page 4 Case No. Attachment G ZA06-184 Page 5 Case No. Attachment G ZA06-184 Page 6 Case No. Attachment G ZA06-184 Page 7 Case No. Attachment G ZA06-184 Page 8