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Item 6ICity of Southlake Department of Planning & Development Services S T A F F R E P O R T February 28, 2007 ZA06-133 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. 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. 4, dated February 16, 2007 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) SPIN Meeting Report (H) Resolution No. 07-011 (I) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA06-133 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. TREE PRESERVATION: The Landscape Administrator has no comments for this item. P&Z ACTION: 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. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated February 16, 2007. N:\Community Development\MEMO\2006cases\06-133SUP.doc Case No. Attachment A ZA06-133 Page 1 Case No. Attachment B ZA06-133 Page 1 Case No. Attachment C ZA06-133 Page 1 Case No. Attachment C ZA06-133 Page 2 Case No. Attachment C ZA06-133 Page 3 Site Plan Case No. Attachment C ZA06-133 Page 4 SITE PLAN REVIEW SUMMARY ZA06-133Four02/16/07 Case No.: Review No.: Date of Review: Site Plan Project Name: – Telecommunications Tower & Antenna @ 1205 S. White Chapel Blvd 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 02/16/07 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.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 (A variance has been requested.) reasonable and non-discriminatory basis. 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. Case No. Attachment D ZA06-133 Page 1 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 D ZA06-133 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 Case No. Attachment D ZA06-133 Page 3 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. * 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 D ZA06-133 Page 4 Surrounding Property Owners 1205 S. White Chapel SPO # Owner Zoning Land Use Acreage Office Commercial 1. North Park Terrace Apt V Etal SP1 0.747 Office Commercial 2. Westerra Timarron Lp RPUD 0.161 Office Commercial 3. Inprov Real Estate Lp SP1 0.841 Office Commercial 4. International Warranty Gp Inc SP1 0.864 Office Commercial 5. North Park Terrace Apt V Etal SP1 1.116 Office Commercial 6. North Park Terrace Apt V Etal SP1 1.278 Office Commercial 7. Rutherford, Robert Etux Teresa C1 0.838 Medium Density Residential 8. Timarron Owners Assn Inc RPUD 10.604 Medium Density Residential 9. Anderson, Ernest Jr RPUD 0.425 Medium Density Residential 10. Kendall, E J & V J RPUD 0.411 Medium Density Residential 11. Bradshaw, Richard J & Jeanette RPUD 0.424 Medium Density Residential 12. Lester, Todd K Etux Darcie L RPUD 0.429 Medium Density Residential 13. Greenstein, S B Etux Christina SF20A 0.436 Medium Density Residential 14. Lucas, Jeffrey T Etux Anya S SF20A 0.479 Low Density Residential 15. McCall, Donald R Etux Sandra R SF1-A 1.267 Low Density Residential 16. Westerra Timarron Lp AG 0.078 Low Density Residential 17. Southlake, City Of SF1-A 0.216 Case No. Attachment E ZA06-133 Page 1 Surrounding Property Owner Responses 1205 S. White Chapel Notices Sent: Seventeen (17) Responses Receive: One (1)  Ernest & Kathleen Anderson , 150 Bent Trail Dr, submitted a Notification Response Form in Opposition on February 15, 2007 (attached). Case No. Attachment F ZA06-133 Page 1 Case No. Attachment F ZA06-133 Page 2 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. Case No. Attachment G ZA06-133 Page 1 RESOLUTION NO. 07-011 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 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 “S-P-1” Detailed Site Plan 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 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 Concept Plan attached hereto and incorporated herein as Exhibit “B” and providing an effective Case No. Attachment H ZA06-133 Page 1 date, subject to 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 H ZA06-133 Page 2 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. Case No. Attachment H ZA06-133 Page 3 EXHIBIT “B” Case No. Attachment H ZA06-133 Page 4 Case No. Attachment H ZA06-133 Page 5 Case No. Attachment H ZA06-133 Page 6 Site Plan Case No. Attachment H ZA06-133 Page 7