Loading...
HomeMy WebLinkAboutZ-7143-B Staff AnalysisDecember 18, 2003 ITEM NO.: 1 FILE NO.: Z -7143-B NAME: Web Communications — Tower Use Permit LOCATION: 17109 Cooper Orbit Road OWNER/APPLICANT: Edwin Ross/Dan French, Web Communications PROPOSAL: A tower use permit is requested to allow the height of this existing wireless communication facility with support structure (monopole cellular tower) to be increased from 150 feet to 199 feet. The property is zoned R-2. PUBLIC NOTIFICATION: All owners of property located within 200 feet of the 38 -acre parent tract, all residents within 300 feet who could be identified and the Spring Valley Manor Property Owner's Association were notified of this request. As of this writing, staff has received no comments. STAFF ANALYSIS: The Wireless Communication Facility (WCF) located at 17109 Cooper Orbit Road consists of a 100' X 100' lease area within an otherwise undeveloped 38t acre tract. The site is located south of the Spring Valley Manor Addition and west of the former Brodie Creek PRD, most of which is now being developed as the Woodlands Edge Subdivision. The property is located outside of the corporate city limits but within the City's extraterritorial jurisdiction. Access to the WCF is via a gravel road located within an ingress -egress easement off of Cooper Orbit Road. The WCF lease area contains a 150 -foot tall monopole tower and shelters and equipment for two wireless carriers. The WCF was first approved on January 8, 2002. It was approved at staff level because the proposed WCF complied with all regulations for tower height, setbacks, landscaping and screening. The initial approval included one wireless carrier. On April 2, 2003, staff approved the addition of the second carrier. There was no change in the site other than for the addition of the second carrier's equipment shelter and antennae. The owner of the tower and primary leaseholder of the WCF site is now requesting to increase the height of the tower to 199 feet. The stated cause for extending the tower height is due to several wireless carriers requesting collocation on the tower. The requested elevation for the new carriers' antennae is higher than the tower's current height. December 18, 2003 ITEM NO.: 1 (Cont.) FILE NO.: Z -7143-B A tower use permit through the Planning Commission is required for two reasons. The proposed height of 199 feet exceeds the maximum allowable height of 150 feet established in Section 36-593(a)(2) of the code. The tower will have a setback of 165.14 feet from the undeveloped, PRD zoned residential property to the east. Section 36-593(b)(3) requires a setback from residential properties at least the height of the tower. Staff is supportive of the requested Tower Use Permit. The WCF site is isolated and allowing the increased height should not impact any nearby properties. The tower located 283.59 feet from the property line on the north, 165.14 feet from the property line on the east, 1,073.53 feet from the south property line and 1,139.55 feet from the western property line. The PRD zoned property to the east is undeveloped and wooded. It is a remnant of the Brodie Creek PRD, most of which has been rezoned to R-2 and is being developed as Woodlands Edge Subdivision. This adjacent PRD remnant will likely be rezoned to R-2 at some point in the future. The 283.59 feet portion of the parent tract separating the WCF from the properties to the north is undeveloped and wooded. The homes in Spring Valley Manor adjacent to this tract are located on deep lots and appear to be another 150± feet away from the common property line. Allowing this isolated tower to be increased to 199 feet in height could help reduce the likelihood of a separate tower being needed for carriers serving customers in the area. The site is located outside of the city limits so no building permit will be obtained. Since access to the site is limited, staff will request that the applicant provide the opportunity for an inspection of the site in conjunction with the project to assure that all required landscaping and screening is still in place. This property is not covered by a bill of assurance. SUBDIVISION COMMITTEE COMMENT: (NOVEMBER 20, 2003) The applicant was not present. Staff informed the Committee that there were no issues and the applicant, who lives in Plano, Texas, was advised that it was not necessary to attend. Staff noted the request for a site inspection. The Committee then forwarded the item to the full Commission. STAFF RECOMMENDATION: Staff recommends approval of the requested Tower Use Permit subject to compliance with the following conditions: 1. Compliance with the landscape and screening requirements for wireless communication facilities established in Section 36-593 of the code. 2 December 18, 2003 ITEM NO.: 1(Cont.)_FILE NO.: Z -7143-B 2. The applicant must coordinate a site inspection with staff in conjunction with this project to assure that all landscape and screening requirements are in place. 3. Compliance with any applicable FAA requirements. Staff recommends approval of the requested tower height and setback variances. PLANNING COMMISSION ACTION: (DECEMBER 18, 2003) Don French, the applicant, was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined above. Mr. French initially expressed a desire to request a waiver of the landscape requirements. When told that such a request would require deferring the item to the February 12, 2004 meeting, Mr. French recanted and stated he would agree to staff conditions, with no landscape waiver. The item was then placed on the Consent Agenda and approved as recommended by staff; including the height and setback variances. The vote was 11 ayes, 0 noes and 0 absent. 3