Item 7ICity of Southlake
Department of Planning
STAFF REPORT
November 9, 2005
CASE NO: ZA05 -100
PROJECT: Specific Use Permit for a Telecommunications Antenna — 500 N. Kimball
Ave
REQUEST: Zone Systems, Inc. is requesting approval of a specific use permit for a
telecommunications tower and antenna. The purpose of the request is to extend the
height of an existing tower by 29 feet. No other changes are being proposed on the
site.
The ground equipment must be landscaped with a minimum 8' solid screening fence,
masonry wall or wrought iron fence with evergreen hedge that fully screens view
from public R.O.W. and residential properties. A variance was previously approved
by City Council on January 20, 1998. The applicant is requesting a similar waiver of
the screening requirements.
ACTION NEEDED: 1. Conduct public hearing
2. Consider specific use permit approval
ATTACHMENTS: (A)
Background Information
(B)
Vicinity Map
(C)
Plans and Support Information
(D)
Site Plan Review Summary No. 1, dated October 28, 2005
(E)
Surrounding Property Owners Map
(F)
Surrounding Property Owners Responses
(G)
Resolution No. 05 -069
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA05 -100
BACKGROUND INFORMATION
OWNER: TXU Delivery Company
APPLICANT: Zone Systems, Inc.
PROPERTY SITUATION: 500 N. Kimball Avenue. The site is approximately 1,300 feet north of the
intersection of State Highway 114 and North Kimball Avenue, and
approximately 240 feet west of North Kimball Avenue.
LEGAL DESCRIPTION: A portion of Tract 3AIA, situated in the T. Mahan Survey, Abstract No.
1049
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: "I -1 PUD" Light Industrial Planned Unit Development District
HISTORY: The City Council approved the "I -1 PUD" zoning with the approval of
Comprehensive Zoning Ordinance No. 480 on September 19, 1989.
P &Z ACTION: November 3, 2005; Approved (7 -0) subject to Site Plan Review Summary
No. 1, dated October 28, 2005; and granting the requested variance.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 1, dated October 28, 2005.
N:',Conununitv Development ` ,MEMO `,2005cases`,05- 100SUP.doc
Case No. Attachment A
ZA05 -100 Page 1
Vicinity Map
Verizon Wireless Antenna
T U Transmission Tower (Monopole-type) 10108
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Case No.
ZA05 -100
Attachment B
Page 1
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Case No.
ZA05 -100
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Attachment C
Page 2
ZONE SYSTEMS, INC.
September 28, 2005
Mr. Ben Bryner
City of Southlake
Department of Planning
1400 Main Street, Suite 310
Southlake, Texas 75092
Re: Verizon Wireless
Specific Use Permit
500 Kimball Avenue
Dear Mr. Bryner:
Verizon Wireless locates its antennas throughout the area in a pattern that provides for
efficient mobile telephone service. Existing structures are used whenever possible. This
site is a TXU transmission tower, It is a monopole type tower. Verizon Wireless located
its antennas on the monopole in 1998. Since that time use of the system has increased
and more antenna sites have been added to the system to accommodate the growth. In
order for the system to continue to operate efficiently an increase in the height of the
antennas on this site is needed. Verizon has modified its lease for this site to provide for
an extension of the monopole. A structural analysis was done by a Registered
Professional Engineer that determined that the monopole can be extended and will meet
TXU requirements and ASCE Manual No. 74, NESC Code and TIAJEIA -222 -F
structural standards.
The increase in height of the antennas will provide for better service in the general area
around this site. The site in an industrial area and is surrounded by existing buildings.
Future development adjacent to the site will increase the number of buildings between the
site and roads and properties near the site.
This site now contains a TXU transmission tower. No change in equipment on the
ground is anticipated. Given the remote location from roads and residential development
there is no need for any screening. Other industrial uses are located adjacent to the site.
A variance to the screening requirement for mobile telephone equipment was granted in
1998. This request for the Specific Use Permit includes a request for a variance to the
screening requirement.
Verizon Wireless in its change of location on the monopole will make way for another
carrier to locate on this monopole. Verizon Wireless will not object to another carrier
locating its antennas and ancillary equipment on the pole and adjacent to it.
REED � �� 1 « 2005
ZA05 -- 1
1680 HANDL.EY DRIVE, SUITE A ` DALLAS, TEXAS 75208 s (21 4) 941-4440 • FAX (214) 941-5259
Case No. Attachment C
ZA05 -100 Page 3
Please call me if you need any more information that I can provide.
Sincerely,
Peter Kavanagh
Enc. 1. Propagation map for existing facility
2. Propagation map for new facility
3. Photo of existing facility
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Case No. Attachment C
ZA05 -100 Page 4
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ZA05 -100 Page 7
Case No. Attachment C
SITE PLAN REVIEW SUMMARY
Case No.: ZA05 -100 Review No.: One Date of Review: 10/28/05
Project Name: Site Plan for Telecommunications Tower SUP 500 N. Kimball Ave
APPLICANT: Zone Systems
Peter Kavanagh
1602 Handley Drive, Suite A
Dallas, TX 75208
Phone: (214) 941 -4440
OWNER: TXU Delivery Company
Phone:
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/29/05 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.
Provide a minimum 8' solid screening fence, masonry wall or wrought iron fence with evergreen
hedge. Compound equipment must be landscaped with a buffer that fully screens view from public
R.O.W. and residential properties. (A variance was approved by City Council on January 20,
1998. The applicant is requesting a similar waiver of the screening requirements.)
Informational Comments:
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 controlling federal agency. Failure to bring towers and antennas 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
Case No. Attachment D
ZA05 -100 Page 1
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
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.
Case No. Attachment D
ZA05 -100 Page 2
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.
1) 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.
Case No. Attachment D
ZA05 -100 Page 3
Surrounding Property Owners
TXU Monopole 12/08, 400 N. Kimball Ave
8 21
15
17
7
6
10
5
16
4
19
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NOR WEST P WY EAST
Owner
Zoning
Land Use
Acreage
1. Mendez, Ltd
0-1
Mixed Use
1.009
2. Mendez, Ltd
0-1
Mixed Use
1.020
3. Mendez, Ltd
O -1
Mixed Use
0.986
4. Re nal, John & Beverly S
MF -1
Mixed Use
1.135
5. Van Til, John J
MF -1
Mixed Use
1.009
6. Howell, Dan & Marguerite
MF -1
Mixed Use
0.976
7. Halim, Emil A
MF -1
Mixed Use
0.959
8. Leonard, Kendall & Amy
Smith, Kenneth
SF-IA
Mixed Use
0.951
9. Fusselman, Bruce & Michelle
C -3
Office Commercial
1.802
10. Kimball Road Partnership
I -1
Mixed Use
1.610
11. 1996 Spc/Kimball Ltd
Sandoco Holdings LP
S -P -2
Retail Commercial
0.713
12. Texas Petro Corp III
S -P -2
Retail Commercial
1.283
13. 1996 Spc/Kimball Ltd
Sandoco Holdings LP
S -P -2
Retail Commercial
0.784
Case No. Attachment E
ZA05 -100 Page 1
14. 1996 Spc /Kimball Ltd
Sandoco Holdings LP
S -P -2
Retail Commercial
0.491
15. Oncor Electric Delivery Co
CS
Public / Semi - Public
2.547
16. St Laurence Episcopal Church
CS
Public / Semi - Public
5.354
17. Starkey, Gertrud
AG
Mixed Use
1.026
18. Hagar, Stephen T
AG
Retail Commercial
4.083
19. Ivester, Emory O & Marlene
AG
Office Commercial
3.623
20. Re Investments, Ltd Etal
I -1
Mixed Use
1.108
21. Rodgers, Lela T
AG
Mixed Use
14.820
22. Nci Building Systems
I -1
Mixed Use
15.777
Case No.
ZA05 -100
Attachment E
Page 2
Surrounding Property Owner Responses
TXU Monopole 12/08, 400 N. Kimball Ave
Notices Sent: Twenty (20)
Responses: None (0)
Case No.
ZA05 -100
Attachment F
Page 1
RESOLUTION NO. 05 -069
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 A
PORTION OF TRACT 3AIA, SITUATED IN THE T. MAHAN
SURVEY, ABSTRACT NO. 1049, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A ", AND AS DEPICTED ON THE
APPROVED SITE 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 "I -1
PUD" Light Industrial Planned Unit Development District; and,
WHEREAS, in accordance with the requirements of Section 45.1 (3 1) 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 a portion of Tract 3AIA, situated in the T. Mahan
Survey, Abstract No. 1049, more fully and completely described in Exhibit "A ", and as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit "B" and providing an effective date,
Case No. Attachment G
ZA05 -100 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.
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 .2005.
CITY OF SOUTHLAKE
ATTEST:
Lori Farwell, TRMC
City Secretary
IM
Andy Wambsganss, Mayor
Case No. Attachment G
ZA05 -100 Page 2
EXHIBIT "A"
Being a portion of Tract 3AIA, situated in the T. Mahan Survey, Abstract No. 1049.
'DESCRIPTION OF EASEMENT TRACT RECOROEO IN VOUJME 7699 PAGE 1749
A Vsat earl aLri :al, 406 or parcel of land in the T Mohan Survey, Aimirecl
NO :049, Tarrant County, TCK05, oenlalMng 0 737 acres of and. 9eing a port
of o 21.9070 ocre tract of land, cl"crtbcd in deea from Aaaersnn lnduslr:es.
lac. o Mesce petal EluildingS, Corp, as now al record to Vo[ume fWA& Page
72$, Pend Records ai Tdrronl County, TefYgs; the Irar( hcrch m—zyed being
more morticuicirly described by rnrlr:E and hounds as follows;
SC01414HO of a point In the Norih boundary 1i7e of the above referred 1,o
21.41'78 ocre Iracl al 1nnd, sold pornl being Sauih 88' qt 775` Wes!. 30 Feet
Ircm the Northeast corner of the above referred Ia propatty.
TIIENCE. $ouirl 13 07 29" Eoai. 130.20 feet to pofrl for comer- said point
0150 neirg 12e legit 1 -ova the Northgnsl corner of tMa above referred to 21,9078
ocre beet of tar.d, and in Inc centerline of Kimbol! Road
THEN%X. continuing .rth the censer ring of Kirnboll Raao Smith 254 23 fee' lu
point for turner;
THENCE Noftte t_ °' 07 29" West, 321.79 felt to paint for corner;
THENCE. Nv Ih 89 30' 09" Ydesil 245 legit to point for corner
THENCE, Ycfth 00'22' 51" Eest. 61.22 feel to painl far earner; said paint o1sa
uelnn, In❑ nor Lh boundary line of in,, above refrrr ed Io ?1 9C'8 acre tracf of
rand:
THENCE along the norlh noundery line of ll =t 91)0vc refer•ed lc 2!.90:8 or.re
IraCl of lard. Ncrlh 86'4:' CS - EaSI, 2159 13 feet to the PUCE G EEC.INWNU.
luculld as above drscr - Ded and ccntdir:mc: 0.737 rises of land
HOTS HE ABOV[ PROPEAFY D[$CRiPr1PN * SMC *N SuBSTArnvt.Er As a n PEARS
N Ty4t uA5EMCNT To TEXAS POWER 6 L'C;fr CU RF ORDE2 iH VOL 7899 Pte, 1749
DAT.Cl AND IS ?40T INMNOEB 10 REPRESENT ANY ►= NdINP$ OF THIS Si19VEY As
SROWYm HCpECN
DESCiIFTION ❑F LEASER SITE SITE No. C0067H
t,yir.9 and situated in the City of Southiake, lne T. MonCri Survey, Abstr No.
1049, Tarrant COinty, Tcvas, and being v part of that :art r ?r, Ecsemcnl
co- yed to Teas Puwer and light Ca recorded in Volur -+e 7599. Pvge 1749.
Decd Records of Tarranl Cauniy, Teaas and briny more part :c�lcriy Gr;ccri5cd
as fc!laws:
CCIMNENCING at the (Mast westerly saulhwest corner of said ?evas Fewer end bqy )!
Co. Easarnent, thence N 01" 18' 56 "E, along said easen=anl, 37 -85 f— Pierlce
5 68' al. Oa' E. leaving Enid casement I1ne- 21 51 'Pet Ira the POINT ;F" P"CGINUIFkG.
THENCE. S 89' 41' 04` E 16.47 feet;
THEN :E S 0! 1E' 56' W. 25 61 Fact:
THEN 'E. N 88" 41' QL" W. 15 97 `eel;
THENCE. N Ell' 18' 56° £ 29 61 feel t0 1he P60 or fleynni,.q rr-d r��Icin:r
5021 sgvorr. feel of lone
Case No. Attachment G
ZA05 -100 Page 3
O IN
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RECD DEC 15 9
'40XCEFF PLAN FOR SILP ZOVftfo REQUEST
WIME-Y-5 COMMUIVICAPIOMS Ab
MOUNTED CAP RXISTINC TO- 94,EcrRic rowER
PRIMECO PA COMMUNIcAPjoMS
.MITE Af.. COMIR
KIMBALL AVENUE, OnT OP SOUTHLAKF
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Case No.
ZA05 -100
ze` OF
ppnPnsFn
7A05— 1 0
L`°J�ED EAS.I ELEVATION
L= NO ScACE REGI) r, u ;3 a 1; 200
Attachment G
Page 5
ZONE SYSTEMS, INC.
September 28, 2005
Mr. Ben Bryner
City of Southlake
Department of Planning
1400 Main Street, Suite 310
Southlake, Texas 76092
Re: Verizon Wireless
Specific Use Permit
500 Kimball Avenue
Dear Mr. Bryner:
Verizon Wireless locates its antennas throughout the area in a pattern that provides for
efficient mobile telephone service. Existing structures are used whenever possible. This
site is a TXU transmission tower. It is a monopole type tower. Verizon Wireless located
its antennas on the monopole in 1998. Since that time use of the system has increased
and more antenna sites have been added to the system to accommodate the growth. In
order for the system to continue to operate efficiently an increase in the height of the
antennas on this site is needed. Verizon has modified its Iease for this site to provide for
an extension of the monopole. A structural analysis was done by a Registered
Professional Engineer that determined that the monopole can be extended and will meet
TXLI requirements and ASCE Manual No. 74, NESC Code and TIAIEIA -222 -F
structural standards.
The increase in height of the antennas will provide for better service in the general area
around this site. The site in an industrial area and is surrounded by existing buildings.
Future development adjacent to the site will increase the number of buildings between the
site and roads and properties near the site.
This site now contains a TXU transmission tower. No change in equipment on the
ground is anticipated. Given the remote location from roads and residential development
there is no need for any screening. Other industrial uses are located adjacent to the site.
A variance to the screening requirement for mobile telephone equipment was granted in
1998. This request for the Specific Use Permit includes a request for a variance to the
screening requirement.
Verizon Wireless in its change of location on the monopole will make way for another
carrier to locate on this monopole. Verizon Wireless will not object to another carrier
locating its antennas and ancillary equipment on the pole and adjacent to it.
ocin v L' u � 2095
I A05— 1 0 1 )
1620 HANOLEY DRIVE, SUITE A • DALLAS, TEXAS 75208 - (2 14) 941-4440 • FAX (214] 941 -5259
Case No.
ZA05 -100
Attachment G
Page 6
Please call me if you need any more information that I can provide.
Sincerely,
Peter Kavanagh
Enc. 1. Propagation map for existing facility
2. Propagation map for new facility
3. Photo of existing facility
v ('
2AO5- a�
Case No. Attachment G
ZA05 -100 Page 7
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ZA05 -100 Page 10