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Item 7GCity of Southlake Department of Planning S T A F F R E P O R T May 10, 2006 ZA05-135 CASE NO: Specific Use Permit for a Telecommunications Antenna at 2105 Greenwood PROJECT: Drive REQUEST: On behalf of Curtis W. Kidwill, FiberTower is requesting approval of a specific use permit for a telecommunications antenna and equipment cabinet. The purpose of the request is to add: 1) one (1) microwave dish; and 2) an equipment cabinet on the ground within the tower compound. The following variances are being requested:  Dish Mounted on Monopole – No microwave dish or similar device shall be mounted on the pole portion of a monopole telecommunications tower. The applicant is proposing that one (1) microwave dish be mounted to the pole portion of the monopole tower.  Screening & Bufferyards – Tower facilities shall be enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Where abutting public land, public streets, or land designated as low or medium density residential shall provide screening as required in an “F2” bufferyard. The applicant is proposing that the existing screening, a 7-foot tall chain-link fence with slats, be permitted. 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 April 28, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Resolution No. 06-026 STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 05-135 BACKGROUND INFORMATION OWNER: Curtis W. Kidwill APPLICANT: FiberTower PROPERTY SITUATION: The property is located at 2105 Greenwood Drive. LEGAL DESCRIPTION: Lot 1R, Block B, North Davis Business Park LAND USE CATEGORY: Industrial CURRENT ZONING: “S-P-1” Detailed Site Plan District HISTORY: -March 18,1986, City Council passed and approved Ordinance No. 324 annexing North Davis Business Park into the City of Southlake. -February 4, 1986, Final Plat for the industrial park was approved while in the City’s extraterritorial jurisdiction. -July 7, 1992, City Council approved a concept plan for an office/warehouse. -May 17, 1994, City Council approved rezoning to “S-P-1” Detailed Site Plan District (to allow “I-1” uses with outside storage and an antenna station) and the Site Plan. -A specific use permit was approved by City Council on June 5, 2001 to allow an antenna and equipment building. TREE PRESERVATION: The Landscape Administrator has no comments for this item. P&Z ACTION: May 4, 2006; Approved (6-0) subject to Concept Plan Review Summary No. 4, dated April 28, 2006; granting requested variances as presented and if the dish is installed on the portion of the pole that is red, the dish will be painted red to match. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated April 28, 2006. N:\Community Development\MEMO\2005cases\05-135SUP.doc Case No. Attachment A ZA 05-135 Page 1 Case No. Attachment B ZA 05-135 Page 1 Case No. Attachment C ZA 05-135 Page 1 Case No. Attachment C ZA 05-135 Page 2 Case No. Attachment C ZA 05-135 Page 3 Case No. Attachment C ZA 05-135 Page 4 Case No. Attachment C ZA 05-135 Page 5 Case No. Attachment C ZA 05-135 Page 6 Case No. Attachment C ZA 05-135 Page 7 Case No. Attachment C ZA 05-135 Page 8 Case No. Attachment C ZA 05-135 Page 9 Case No. Attachment C ZA 05-135 Page 10 Case No. Attachment C ZA 05-135 Page 11 CONCEPT PLAN REVIEW SUMMARY ZA05-135Four04/28/06 Case No.: Review No.: Date of Review: Concept Plan Project Name: – Telecommunications Antenna & Equipment Box (2105 Greenwood Dr) APPLICANT: FiberTower OWNER: Bill Bauman Curtis W. Kidwell 5728 LBJ Suite 460 2105 Greenwood Dr Dallas, TX 75240 Southlake, TX 76092 Phone: (817) 271-0022 Phone: Fax: (972) 385-3451 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/17/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER (817) 748-8602. 1.The following changes are regarding specific requirements for telecommunications towers, antennas, and ancillary buildings: a.No microwave dish or similar device shall be mounted on the pole portion of a monopole (A variance has been requested.) telecommunications tower. b.The following requirements shall govern the landscaping surrounding towers; however, in locations where the visual impact of the tower would be minimal, the landscaping requirement (A variance has been requested.) may be reduced. 1.Tower facilities (e.g., tower/antennas and any necessary equipment building) shall be enclosed by an eight (8) foot, solid screening fence or masonry wall or a wrought iron fence with an eight (8) foot evergreen hedge, and shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any public roadway or any property used for a residential purpose. Any fence constructed in accordance with this section shall provide a knox box or other entry device for public safety access per the requirements of the Fire Marshal. c.Show the parking stall intended for off-street parking. Label the dimensions of the parking space. One (1) all weather surface parking space shall be provided on each site. 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. Case No. Attachment D ZA 05-135 Page 1 All development must comply with the City’s Drainage Ordinance No. 605 and detain all post * development run-off. Any variance requests have to be documented in writing and fully justified. * * 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 should be aware that the following issues must be addressed either prior to issuance of a building permit and/or during the operational period of the tower: 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. 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) 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.” d) 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. e) 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. f) 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 Case No. Attachment D ZA 05-135 Page 2 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 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. g) 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. h) 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. i) All construction shall comply with all ordinances of the city not in conflict with this section. j) 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. k) 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. l) Any signal interference complaints associated with telecommunications towers or related equipment shall be addressed in accordance with FCC rules and procedures. m) 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 Case No. Attachment D ZA 05-135 Page 3 certificate of occupancy for the tower and notify the city attorney to pursue enforcement remedies. n) Tower owner(s) shall bear all demolition costs. * The applicant should be aware that prior to issuance of a building permit a 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 05-135 Page 4 Surrounding Property Owners 2105 Greenwood Dr. Owner Zoning Land Use Acreage 1.Ryan, Marshall D & Margie I-1 Industrial 1.088 2.Miller, Rodgers C II I-1 Industrial 1.202 3.Slj Hart Ltd I-1 Industrial 1.109 4.Slj Hart Ltd I-1 Industrial 1.085 5.Kidwell, Curtis W S-P-1 Industrial 0.756 6.Davis, Wayne I-1 Industrial 1.0 7.Slj Cornerstone Ltd I-1 Industrial 1.0 8.Davis Industrial Partners Inc S-P-1 Industrial 0.756 9.Pjt Properties, Lp I-1 Industrial 10.Davis Park Ventures Llc I-1 Industrial 11.Davis, Don I-1 Industrial 0.838 12.Jordan, Stanley I-1 Industrial 1.099 13.Sterling Trust Co Custodian I-1 Industrial 1.014 14.Sterling Trust Co Custodian I-1 Industrial 1.022 15.Gwwc Investments I-1 Industrial 0.615 16.D Fontana Holdings Lp I-1 Industrial 2.839 Case No. Attachment E ZA 05-135 Page 1 Surrounding Property Owner Responses 2105 Greenwood Dr. Notices Sent: Ten (10) Responses Received: None (0) Case No. Attachment F ZA 05-135 Page 1 RESOLUTION NO. 06-026 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 1R, BLOCK B, NORTH DAVIS BUSINESS PARK, 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 the telecommunications towers, antennas, and ancillary buildings on the property being legally described as 1R, Block B, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet ‘A’, Slide 253, 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, Case No. Attachment G ZA05-137 Page 1 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 , 2006. CITY OF SOUTHLAKE By: _________________________________ Andy Wambsganss, Mayor ATTEST: _________________________________ Lori Farwell, TRMC City Secretary Case No. Attachment G ZA05-137 Page 2 EXHIBIT “A” Being legally described as 1R, Block B, North Davis Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet ‘A’, Slide 253, Plat Records, Tarrant County, Texas. Case No. Attachment G ZA05-137 Page 3 EXHIBIT “B” Case No. Attachment G ZA05-137 Page 4 Case No. Attachment G ZA05-137 Page 5 Case No. Attachment G ZA05-137 Page 6 Case No. Attachment G ZA05-137 Page 7 Case No. Attachment G ZA05-137 Page 8 Case No. Attachment G ZA05-137 Page 9 Case No. Attachment G ZA05-137 Page 10