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Item 7GCity of Southlake Department of Planning S T A F F R E P O R T January 11, 2006 ZA05-137 CASE NO: Specific Use Permit for Telecommunications Antenna and Equipment for PROJECT: XM Radio at 340 Miron Drive REQUEST:On behalf of American Tower Corp., XM SatelliteRadio,Inc. is requesting approval of a specific use permit for a telecommunicationsantenna and equipment cabinet. The purpose of the request is to add: 1) an XM parabolic antenna, a KU-Band dish,andapanelantennaonthe monopole tower; and 2) an equipment cabinet on the ground within the tower compound. The following variances are being requested: Number of Buildings – No more than 3 separate equipment buildings is permittedona single lot. The applicant is proposing toaddanadditionalequipmentcabinetmakingthe total to be 1 equipment building and 4 cabinets at the facility. Dish Mounted on Monopole – No microwave dish or similar device shallbemountedon the pole portion of a monopole telecommunications tower. The applicant is proposingthat two (2) parabolic dishes be mounted to the pole portion of the monopole tower. Screening & Bufferyards – Tower facilities shall be enclosed by an eight (8) foot, solid screeningfenceor 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 effectivelyscreensthe view of the tower compound fromanypublic 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 theexisting plantings and screening be permitted along withanadditional evergreen plant screen along the street frontage of the equipment compound as shown in the attached landscape plan. 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 December 2, 2005 (D) (E)Surrounding Property Owners Map (F)Surrounding Property Owners Responses (G)Resolution No. 06-005 STAFF CONTACT: Ken Baker (748-8067) Dennis Killough(748-8072) Case No. ZA 05-137 BACKGROUND INFORMATION OWNER:American Tower Corporation & Southwestern Bell Wireless APPLICANT:XM Satellite Radio, Inc. PROPERTY SITUATION:The property is located at 340 Miron Drive LEGAL DESCRIPTION: Lot 3R5, Block 1, Miron Addition LAND USE CATEGORY: Office Commercial CURRENT ZONING: “B-1” Business Service Park District HISTORY:-No development history exists on this property. A monopole tower with antennas currently exists on the lot. -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. TREE PRESERVATION: The Landscape Administrator has no comments for this item. P&ZACTION:December 8, 2005; Approved (7-0) subject to Concept Plan Review Summary No. 2, dated December 2, 2005; requiring a landscape plan presented to the City Council; granting variances listed as 2.a. and 2.b., excluding 2.c. – screening; and, requiring screening facing Miron Drive with evergreen plant material. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated December 2, 2005. The applicant has submitted a landscape plan proposing a minimum of seven (7) Nellie R. Stevens or Foster Holly along the north side (street frontage of the equipment compound) with a beginning height of six (6) to eight (8) feet. N:\Community Development\MEMO\2005cases\05-137SUP.doc Case No. Attachment A ZA 05-137 Page 1 Case No. Attachment B ZA 05-137 Page 1 Case No. Attachment C ZA 05-137 Page 1 Case No. Attachment C ZA 05-137 Page 2 Provide minimum of 7 holly shrubs Case No. Attachment C ZA 05-137 Page 3 Case No. Attachment C ZA 05-137 Page 4 Case No. Attachment C ZA 05-137 Page 5 Case No. Case No. Attachment C Attachment C ZZAA 05-137 05-137 Page 6 Page 6 Case No. Attachment C ZA 05-137 Page 7 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA05-137Two12/02/05 Review No.: Date of Review: Concept Plan Project Name: – Telecomm Antenna & Equipment Box (340 Miron Dr) APPLICANT: XM Satellite Radio, Inc. OWNER: American Tower Corp. Attn: Lisa Schmidt 1500 Eckington Place NE 116 Huntington Avenue Washington, D.C. 20002 Boston, MA 02116 Phone: (940) 498-9701 Phone: Fax: (919) 468-8522 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECTRECEIVEDBY THE CITY ON 11/23/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESESTIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLANAPPROVALUNLESS 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 comments are needed with regard to general concept plan requirements: a.Provide a written scale in close proximity to the north arrow and graphic scales. b.Label the type and height of all fences and screening devices. 2.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. (A b.No more than three (3) separate equipment structures shall be located on a single lot. variance has been requested.) c.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. 2.Where abutting residentially used land, residentially zoned property, public land or public streets, or land designated as low or medium density residential on the city’s Land Use Plan, the applicant shall provide a screening plan showing the existing tree Case No. Attachment D ZA 05-137 Page 1 coverage of the impacted area and the placement of plantings as required in a “F2” bufferyard (as a minimum) as described in Section 42 of this ordinance. INFORMATIONAL COMMENTS * The applicant should be aware that any plan revisions or supplemental information required for the next scheduled meeting following a Planning and Zoning Commission or City Council hearing must be submitted to the City Planning Department no later than 5:00PM the following Monday. A minimum of twelve (12) full size copies and one (1) 11” x 17” reduction is required for any plans. If not received by the deadline, the application may be tabled to later meeting agenda. 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. * 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 Case No. Attachment D ZA 05-137 Page 2 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 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. Case No. Attachment D ZA 05-137 Page 3 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 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 05-137 Page 4 Surrounding Property Owners Lot 3R5, Block 1, Miron Addition – 340 Miron Dr OwnerZoningLandUseAcreage 1.Lannom, Billy C B1Office Commercial0.749 2.Wetrich Realty Lp B1Office Commercial0.689 3.Rocky Mountain Holdings B1Office Commercial0.961 4.March InvestmentsB1OfficeCommercial0.73 Matarangi Ltd 5.Dallas Smsa Tower Holdings B1OfficeCommercial0.924 Southwestern Bell Wireless 6.City of Southlake CSPublic / Semi-Public1.5 7.Schelling, Martin W Tr S-P-2Office Commercial4.823 8.Hollingsworth, Gerald L & B SF20-BMedium Density Residential 0.46 9.Inglis, Ronald C & Lona A SF20-BMedium Density Residential 0.46 10.Eddy, Kule W & Daye H SF20-BMedium Density Residential 0.46 11.Sudberry, Douglas A & Lisa SF20-BMedium Density Residential 0.46 12.Stalets, Scott & Valerie SF20-BMedium Density Residential 0.478 13.Miron, Gary A & Janice L C2Office Commercial0.51 14.Art of Long Driving, Inc B1Office Commercial0.603 15.Ewan, David B1Office Commercial0.499 16.Z & E Land Llc S-P-1Office Commercial1.03 17.Bruton, Paul R & Doreen S-P-2Office Commercial1.00 Case No. Attachment E ZA 05-137 Page 1 Surrounding Property Owner Responses 340 Miron Dr Notices Sent: Eighteen (18) Responses: None (0) Case No. Attachment F ZA 05-137 Page 1 RESOLUTION NO. 06-005 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 3R5, BLOCK 1, MIRON 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 “B-1” Business Service Park 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 Lot 3R5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901, 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 Case No. Attachment G ZA 05-137 Page 1 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. 2. 3. 4. 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 ZA 05-137 Page 2 EXHIBIT “A” Being legally described as Lot 3R5, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3901, Plat Records, Tarrant County, Texas. Case No. Attachment G ZA 05-137 Page 3 EXHIBIT “B” Case No. Attachment G ZA 05-137 Page 4 Case No. Attachment G ZA 05-137 Page 5 Provide minimum of 7 holly shrubs Case No. Attachment G ZA 05-137 Page 6 Case No. Attachment G ZA 05-137 Page 7 Case No. Attachment G ZA 05-137 Page 8 Case No. Attachment G ZA 05-137 Page 9 Case No. Attachment G ZA 05-137 Page 10