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.
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Provide minimum of 7 holly shrubs
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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
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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
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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.
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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.
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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
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Surrounding Property Owner Responses
340 Miron Dr
Notices Sent: Eighteen (18)
Responses: None (0)
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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
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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
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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.
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EXHIBIT “B”
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Provide minimum of 7 holly shrubs
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