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