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Item 6KCity of Southlake Department of Planning & Development Services S T A F F R E P O R T April 11, 2007 ZA07-040 CASE NO: Specific Use Permit for Telecommunications Tower – 3700 N. White Chapel 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:  Require an 8-foot masonry wall comparable to the City Miron Water tower site;  Maintain existing landscaping around the masonry wall;  Add 8-foot to 10-foot red cedars (6-8 in number) on both sides of the access driveway into the site;  Irrigate the turf along the access driveway;  Establish a maintenance schedule of once a week in summer;  Replace any dead vegetation on an on-going basis. 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 $128,855. The applicant has provided an invoice with the estimated cost which has been included in this report as part of Attachment C, page 8. Case No. ZA07-040 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. ZA07-040 BACKGROUND INFORMATION OWNER: MCI Telecommunications APPLICANT: American Tower PROPERTY SITUATION: 3700 N. White Chapel Boulevard LEGAL DESCRIPTION: Lot 1, Block A, Oien Subdivision LAND USE CATEGORY: Public Parks / Open Space CURRENT ZONING: “CS” Community Service District HISTORY: -A preliminary plat for the Oien Addition was approved by City Council on September 6, 1988. -A final plat for Lot 1, Block A, Oien Addition was approved by City Council on October 4, 1988. -City Council approved a change of zoning to “CS” for Lot 1, Block A, Oien addition on May 16, 1989. -A site plan for a telecommunications tower was approved by City Council on February 20, 1996. -City Council approved a specific use permit for the co-location of a telecommunications antenna on an existing tower on May 4, 2004. -A Specific Use Permit for an XM microwave antenna and equipment cabinet was approved by City Council on January 17, 2006. -City Council approved a specific use permit for antennas and equipment for Metro PCS on January 2, 2007. -Another Specific Use Permit for antennas and equipment for MediaFlo was approved by City Council on January 16, 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. Case No. Attachment A ZA07-040 Page 1 Case No. Attachment B ZA07-040 Page 1 Case No. Attachment C ZA07-040 Page 1 Most Recently Approved Site Plan Case No. Attachment C ZA07-040 Page 2 Case No. Attachment C ZA07-040 Page 3 Case No. Attachment C ZA07-040 Page 4 Case No. Attachment C ZA07-040 Page 5 Case No. Attachment C ZA07-040 Page 6 Case No. Attachment C ZA07-040 Page 7 Case No. Attachment C ZA07-040 Page 8 Surrounding Property Owners 3700 N. White Chapel Blvd. 7 2 1 3 5 6 4 8 SPO MAP SPO # Owner Zoning Land Use Acreage 1. Terra/Clariden IV LP RPUD 0.589 2. Terra/Clariden IV LP RPUD 1.002 3. McI Tele-Communications CS 1.177 4. U S A AG 52.971 5. Southlake, City Of AG 42.557 6. U S A AG 19.676 7. U S A AG 15.377 8. U S A AG 16.962 Case No. Attachment D ZA07-040 Page 1 Surrounding Property Owner Responses 3700 N. White Chapel Blvd. Notices Sent: Two (2). Responses Receive: Zero (0). Case No. Attachment E ZA07-040 Page 1