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