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Item 6JCity of Southlake Department of Planning & Development Services S T A F F R E P O R T April 11, 2007 ZA07-039 CASE NO: Specific Use Permit for Telecommunications Tower – 340 Miron Drive PROJECT: REQUEST: American Tower is requesting approval of a specific use permit for telecommunications antennae and equipment shelters. The purpose of the request is to modify the previously approved conditions of approval to allow the carriers to install their equipment prior to completion of all conditions. The 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 an 8-foot stone or brick masonry wall on all four 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 maintenance of the landscaping at least once a week in summer, during the growing season, as approved for the White Chapel Boulevard site;  Requiring replacement of dead vegetation on an on-going basis;  Requiring a concrete driveway with curb and gutter for access to the compound from Miron Drive;  . Requiring that no permits be approved until all conditions are met Case No. ZA07-039 The applicant is requesting to modify the previously approved conditions in the following ways:  Allowing permits for the carriers to be approved prior to the entirety of the ; improvements are complete to avoid damage to those improvements  Allowing the applicant to supply performance bonds to the City for the facility upgrades to insure completion of the required improvements. The applicant has provided a letter of justification which has been included as part of Attachment 'C' of this report. The Planning & Zoning Commission made a motion that the applicant will supply in lieu of a performance bond a cash deposit or letter of credit in form and from a financial institution satisfactory to the City of Southlake. Further, the budgeted amounts that will be secured by the letter of credit or cash deposit will be in the amount of 125% of those budgeted line items which are asked to be deferred. If the City Council adheres to the P&Z Commission motion, the estimated value for the letter of credit will be $130,203.75. The applicant has provided an invoice with the estimated cost which has been included in this report as part of Attachment C, page 4. 1. Conduct public hearing ACTION NEEDED: 2. Consider specific use permit approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses STAFF CONTACT: Ken Baker (748-8067) Ben Bryner (748-8602) Case No. ZA07-039 BACKGROUND INFORMATION OWNER: Tower Holdings L.P. APPLICANT: American Tower PROPERTY SITUATION: 340 Miron Drive, Southlake, TX 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. -City Council approved another Specific Use Permit for cellular antennas and equipment cabinet on February 20, 2007. P&Z ACTION: April 5, 2007; Approved (6-1) subject to the staff report as presented and subject to the following conditions: the applicant will supply in lieu of a performance bond a cash deposit or letter of credit in form and from a financial institution satisfactory to the City of Southlake. Further, the budgeted amounts that will be secured by the letter of credit or cash deposit will be in the amount of 125% of those budgeted line items which are asked to be deferred. City staff will be supplied copies of contracts and related work documents as to the budget to their satisfaction. The deferred work must be completed within 90 days of approval and/or the letters of credit or cash deposit can be liquidated to complete the deferred work. STAFF COMMENTS: Due to the limited scope of this request, no site plan review summary was generated. All conditions of the previously approved site plans, unless modified with this request, remain in effect. N:\Community Development\MEMO\2007cases\07-039SUP.doc Case No. Attachment A ZA07-039 Page 1 Case No. Attachment B ZA07-039 Page 1 Case No. Attachment C ZA07-039 Page 1 Most Recently Approved Site plan Case No. Attachment C ZA07-039 Page 2 Case No. Attachment C ZA07-039 Page 3 Case No. Attachment C ZA07-039 Page 4 Surrounding Property Owners 340 Miron Drive SPO MAP SPO # Owner Zoning Land Use Acreage Office Commercial 1. Miron, Gary A& Janice L C2 0.539 Office Commercial 2. Art Of Long Driving Inc B1 0.633 Office Commercial 3. Ewan, David B1 0.52 Office Commercial 4. Mullins & White Properties Inc B1 0.77 Office Commercial 5. Wetrich Realty Lp B1 0.701 Office Commercial 6. Rocky Mountain Holdings Llc SP1 1 Office Commercial 7. March Investments Lp B1 0.743 Office Commercial 8. Dallas Smsa Tower Holdings Lp B1 0.982 Public/ Semi-Public Office 9. Southlake, City Of CS Commercial1.574 Office Commercial 10. Schelling, Martin W Tr SP2 4.763 Office Commercial 11. Z & E Land Llc SP1 1.104 Office Commercial 12. Bruton, Paul R & Doreen SP2 1.022 Medium Density Residential 13. Hollingsworth, Gerald L Etux B SF20B 0.458 Medium Density Residential 14. Inglis, Ronald C Etux Lona A SF20B 0.462 Medium Density Residential 15. Eddy, Kyle W Etux Daye H SF20B 0.46 Medium Density Residential 16. Sudberry, Douglas A Etux Lisa SF20B 0.463 Medium Density Residential 17. Stalets, Scott W Etux Valerie SF20B 0.481 Case No. Attachment D ZA07-039 Page 1 Surrounding Property Owner Responses 340 Miron Drive Notices Sent: Seventeen (17). Responses Receive: One (1).  David Ewan, Opposition 2305 Hillside Ct, submitted a Notification Response Form in on April 2, 2007 (see attached). Case No. Attachment E ZA07-039 Page 1 Case No. Attachment E ZA07-039 Page 1