Item 6FCity of Southlake
Department of Planning
S T A F F R E P O R T
October 10, 2007
ZA07-093
CASE NO:
Specific Use Permit for a Telecommunications Antenna and Equipment Building
PROJECT:
at 3700 N. White Chapel Boulevard
REQUEST: On behalf of AirCell, Bauman Consultants is requesting approval of a specific use
permit for telecommunications antennae and an equipment shelter. The purpose of the
request is to add:
Four (4) 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 5 equipment buildings and 3 cabinets at
the facility.
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.
All required material has been installed and the applicant is working to keep the site in
compliance with the conditions of approval at this time.
Case No.
ZA 07-093
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 August 31, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Resolution No. 07-059
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA 07-093
BACKGROUND INFORMATION
OWNERS: American Tower Corp. & MCI Telecommunications
APPLICANT: Bauman Consultants
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.
TREE PRESERVATION: The applicant has complied with the previous City Council motions for Case
ZA06-152, but during the installation of the electrical equipment within the cell
tower compound, the contractors destroyed some of the plant material, broke
irrigation heads and rutted the turf areas. In an attempt to establish sod within
the area in front of the compound and on either side of the access drive it has
caused the Chinese Pistachio and Eastern Red Cedars to go into shock from too
much water. Four (4) of the Chinese Pistachio have turned brown and have
shed their leaves. Instead of waiting for the trees to bud and leaf out again the
applicant has chosen to replace the trees and sod the front lawn area of the
property. They are diligently working to bring the site back up to expectations
and previous requirements.
P&Z ACTION: September 6, 2007; Approved to table on consent until September 20, 2007.
Case No. Attachment A
ZA 07-093 Page 1
September 20, 2007; Approved to table on consent (7-0) until October 4, 2007.
October 4, 2007; Approved (7-0) subject to Concept Plan Review Summary
No. 2, dated August 31, 2007; granting the requested variance.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated August 31, 2007.
N:\Community Development\MEMO\2007cases\07-093SUP.doc
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Case No. Attachment B
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Narrative Letter
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Site Plan
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Tower Elevation
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Equipment Building Elevations
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Site Survey
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Site Photos
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SITE PLAN REVIEW SUMMARY
ZA07-093Two08/31/07
Case No.: Review No.: Date of Review:
Site Plan- Telecomm Antenna & Equipment @ 3700 N. White Chapel Blvd (AirCell )
Project Name:
APPLICANT: Bauman Consultants APPLICANT: AirCell, LLC
Bill Bauman
Phone: (817) 271-0022 Phone:
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/23/07 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 changes are needed with regard to labeling:
a.Correctly label the R.O.W. width adjacent to the site. Label the street name as N. White
Chapel Boulevard. Dimension the adjacent traveled roadway width and label the pavement
type.
b.Show and label the existing bufferyard and clearly distinguish on the graphic.
(A variance has
2.No more than three (3) separate equipment structures shall be located on a single lot.
been requested.)
* 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
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ZA 07-093 Page 1
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.
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.
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ZA 07-093 Page 2
* Providers shall anticipate the maintenance needs of landscaping, sprinkler systems, and access roads.
* 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
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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.
* 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.
* No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
65
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* 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
ZA 07-093 Page 4
Tree Preservation Comments
LANDSCAPING:
1. The applicant has complied with the previous City Council motions for Case ZA06-152 but during the
installation of the electrical equipment within the cell tower compound, the contractors destroyed some
of the plant material, broke irrigation heads and rutted the turf areas. In an attempt to establish sod
within the area in front of the compound and on either side of the access drive it has caused the Chinese
Pistachio and Eastern Red Cedars to go into shock from too much water. Four (4) of the Chinese
Pistachio have turned brown and have shed their leaves. Instead of waiting for the trees to bud and leaf
out again the applicant has chosen to replace the trees and sod the front lawn area of the property.
They are diligently working to bring the site back up to expectations and previous requirements.
Case No. Attachment D
ZA 07-093 Page 5
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 E
ZA 07-093 Page 1
Surrounding Property Owner Responses
3700 N. White Chapel Blvd.
Notices Sent: Three (3).
Responses Receive: Zero (0).
Case No. Attachment F
ZA07-093 Page 1
RESOLUTION NO. 07-059
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 1,
BLOCK A, OIEN 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 “CS”
Community Service 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 1, Block A, Oien Addition, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-218, Page 14, 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
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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
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EXHIBIT “A”
Being legally described as Lot 1, Block A, Oien Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-218, Page 14, Plat Records, Tarrant County,
Texas.
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EXHIBIT “B”
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Site Plan
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Tower Elevation
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Equipment Building Elevations
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Site Survey
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Site Photos
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