HomeMy WebLinkAbout14-30CITY OF COLLEGE STATION
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FOR OFFICf~ O~
CASE NO.: /• ..j,.. l.,..+-
DATE SU~=~ ~~-r
TIME: _1L_
STAFF: ~----~~~~~~
CONDITIONAL USE PERMIT APPLICATION
MAJOR WIRELESS TELECOMMUNICATIONS FACILITIES
MINIMUM SUBMITTAL REQUIREMENTS
~1.165 Conditional Use Permit Application Fee.
0'" $932 Site Plan Application Fee.
~ $600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee. Fee is
1 % of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance
is due prior to the issuance of any plans or development permit).
(2r' Application completed in full. This application form provided by the City of College Station must be used and
may not be adjusted or altered. Please attach pages if additional information is provided.
W'Fourteen (14) copies of site plan. This site plan will go to City Staff for review, after which ten (10) copies of the
revised site plan will be required.
ff One (1) folded copy of the landscape plan. ~~ ,. -
O Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report.
O Two (2) copies of the Public infrastructure plans and supporting documents (if applicable). >-lo-.-A,r;.'i" \-" (._-.k,
erT°he attached Site Plan checklist with all items checked off or a brief explanation as to why they are not.
The following items In accordance with the procedures and requirements for WTFs In the UDO Section
6.3 Specific Use Standards:
if An Inventory of the applicant's existing and future towers. The owner must have on file with the City a master
list of all existing tower structures owned or controlled by the owner. The existing towers must be overlaid and
shown on the City of College Stations Geographical Information System .
• k}::.i The linear separation distance from other transmission towers, residentially-zoned properties, residential
-structures, and applicable thoroughfares.
~ .e::r-A visual impact analysis, presented as color photo simulations, showing the proposed site of the INTF.
O Plans for the antenna and the antenna tower prepared and signed by a licensed professional engineer and
I ; designed to withstand sustained winds of at least 90 miles per hour. "\ 0 ~ -Q...""' a-.;~~
Q-'" Affidavit confirming compliance with FAA regulations, FCC regulations and regulations of any other agency
of the Federal Government with the authority to regulate telecommunication facilities .
.c:;v' A letter addressed to the City declaring an intent and willingness to construct a proposed tower that would
allow additional service providers to locate on the tower.
~ ~rid Plan (propagation map) of the service area for existing and future structures for a period of not less than
-___..2 years. The submission should include the "search ring" overlaid onto the City of College Station
Geographic Information Systems showing aerial photograph, parcel lines, and streets. The "search ring" must
be the area required for siting the proposed facility.
•..Er Documentation of. need and alternatives.
10/10 Page 1of10
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Date of Optional Preapplication Conference -----------------------
NAME OF PROJECT A-T £.. 1 Lf+-v..r_, ~~ \::>
ADDRESS l Z.~l F 17,;,!s fr«--urJ~ l>rkt. ·~:A--~'OV\ lt ~~~
LEGAL DESCRIPTION (lot, Block, Subdivision) --rL-.c.:,. ~~ ~'-'--.4--~ c A-\\:t:O(\ ~-Z-4 5 ~.,,..._~
TOTAL ACREAGE ;l t., . .;)..~._;-lb ~ l., '""'-' A-e..L. Lxv<lt..o.~4, LL (!.
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): I
Name l::>w-~ YL -\-r-o.. ~' 1-t.... E-mail d"'~· ~hk~v· +~ ~ ~~ · u""
StreetAddress ~~o?, SuY\h~\...\. ~\~
City $?...-=\ "'~ State __ T_'J. _____ Zip Code _,, °?» r,b
Phone Number ~( "iot · otDt:N Fax Number _B___.;.~_'Z-_· _l_l.P-f __ · _o_s_-_S--=-'j_,__ __
PROPERTY OWNER'S INFORMATION: .J /
Name 'F/7;~ AeL ~ ~± E-mail __________ _
Street Address 124 t Fl1 i ~ fi:e:: (,.; n:.k 'fut·ke.-<.i $kl'~ 17 01.f 'S
City Col~-< ~\....:l~..-State t-b Zip Code l-Z t<-l"{
Phone Number --------------Fax Number ------------
ARCHITECT OR ENGINEER'S INFORMATION:
Name ~<l S
Street Address I'\ ~ l 5 r""" ;l). S-.l.
City ~cl.__ ~. a'O'
Phone Number .;>to "!SLIZ S°i II
E-mail ------------
~ 3ct
State 1)£' ZipCode /~~
Fax Number ------------
OTHER CONTACTS (Please specify type of contact, i.e. project manager, potential buyer, local contact, etc.):
Name ------------------E-mail------------
Street Address -------------------------------
City ---------------State _______ Zip Code ------
Phone Number Fax Number -----------~
PRESENT USE OF PROPERTY tk~ { ~~kc.k_
1
QupltXC0
cuRRENT zoN1NG oF PROPERTY A.. j _ 0 f ~ (tna.med 'R Kura I
Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? r Yes f1. No
Page 2of10
APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT THE FOLLOWING INFORMATION ADDRESSED:
1. Provide a detailed explanation of the proposed use including the height of the tower, tower design, maintenance
schedules, etc. (as applicable):
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2. Explain how the proposed conditional use will meet the purpose and intent of the Unified Development Ordinance
and how the use will meet all of the minimum standards established in the UDO for this type of use:
3. Explain how the proposed use is consistent with Comprehensive Plan:
4. Explain how the proposed use is compatible with the surrounding areas:
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5. Explain how the proposed site plan and circulation plan will be harmonious with the character of the
surrounding are~:
Page 3of10
6. Explain how infrastructure impacts will be minimized, including traffic impacts:
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7. Explain the effects of the use will have on the environment:
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The applicant has prepared this application and certifies that the facts staled herein and exhibits attached
hereto are true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE
OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from
the owner. If there is more than one owner, all owners must sign the application or the power of attorney_ If
the owner is a company, the application must be accompanied by proof of authority for the company's
representative to sign the application on its behalf.
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Signature and title \.._,, IS Date
Page 4 of 10
CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT
Owner Certification:
1. No work of any kind may start until a permit Is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate of Occupancy is issued.
5. The permit will expire if no significant work is progressing within 24 months of issuance.
6. Other permits may be required to fulfill local, state, and federal requirements. Owner will obtain or show
compliance with all necessary State and· Federal Permits prior to construction including NOi and SWPPP.
7. If required, Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
I tJ'o'Wt J DI'"' t"""'" """"'IOU~· •. I u. Cwner hereby gives consent to City representatives to make reasonable inspections required to verify
I wrnpliance.
A ·~ ""+"""""Amr m~nn is reouired. includin'=" detention oonds orooosed as oart of this oroiect. it shall be
I designed and constructed first in the construction sequence of the project.
10. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken
to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city streets, or
existing drainage faci ities. AH development shall be in accoroance with the plans and spec::ifications submitted to
and approved by the City Engineer for the above named project All of the applicable codes and ordinances of the
City of College Station shall apply.
11. The lnfonnation and conclusions contained in the attached plans and supporting documents will comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines Technical Specifications, and Standard Details. All development has been designed in
accordance with aJI applicable codes and ordinances of the City of College Station and State and Federal
Regu1auons.
12. Release of plans to A '"t \!:\-/~ ..,..e .... ('t:::> · R.~"' btname or finn) is authorized for bidding purposes
only. I understand that final approval and release of plans a~ development for construction is contingent on
contractor signature on approved Development Pennit.
13. I, THE OVVNER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, ANO IN ATTACHMENTS FOR
THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOV\ll.EDGE, TRUE, ANO
t ~· -~~~-+-( __ _ P~ Date
Engineer Certification:
1. The project has been designed to ensure that stonnwater mitigation, including detention ponds, proposed as part
of the project will be constructed first in the construction sequence.
2. I will obtain or can show compliance with all necessary Local, State and Federal Permits prior to construction
including NOi and SWPPP. Design will not preclude compliance with TPDES: I.e., projects over 10 acres may
require a sedimentation basin.
3. The information and conclusions contained In the attached plans and supporting documents comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines. All development has been designed in ac:cordance with all applicable codes and ordinances
of the City of College Station and State and Federal Regulations .
..;. I, THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS
FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOVVLEOGE, TRUE, ANO
~~ @J0t A~CCURATE. ~
Engi r / Date '
Page5of10
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The following CERTIFICATIONS apply to development in S
Required for Site Plans, Final Plats, Construction Plans, Fill /Grading Permits, and Clearing Only
Permits:*
certify, as demonstrated in the attached drainage study, that the
alterations or development covered by this permit, shall not:
(i) increase the Base Flood elevation;
(ii) create additional areas of Special Flood Hazard Area;
(iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway
and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can
also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or
areas where the depth of from the BFE to natural ground is 18 inches or greater;
(iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond
the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than
one foot per second without acceptable compensation as set forth in the City of College Station Code of
Ordinances, Chapter 13 concerning encroachment into the Special Flood Hazard Area; nor
(v) increase Base Flood velocities.
beyond those areas exempted by ordinance in Section 5 .11 .3a of Chapter 13 Code of Ordinances.
Engineer Date
Initial
D * If a platting-status exemption to this requirement is asserted, provide written justification under separate
letter in lieu of certification.
Required for Site Plans, Final Plats, Construction Plans, and Fill / Grading Permits:
B. I, , certify to the following:
(i) that any nonresidential or multi-family structure on or proposed to be on this site as part of this application is
designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm.
Engineer Date
Additional certification for Floodway Encroachments:
C. I, , certify that the construction, improvement, or fill covered by this
permit shall not increase the base flood elevation. I will apply for a variance to the Zoning Board of Adjustments.
Engineer Date
Page 6of10
Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate
required).
Residential Structures:
D. I, , certify that all new construction or any substantial improvement
of any residential structure shall have the lowest floor, including all utilities, ductwork and any basement, at an
elevation at least one foot above the Base Flood Elevation. Required Elevation Certificates will be provided with
elevations certified during construction (forms at slab pre-pour) and post construction.
Engineer I Surveyor Date
Commercial Structures:
E. I, , certify that all new construction or any substantial improvement ~~~~~~~~~~~~~~~
of any commercial, industrial, or other non-residential structure are designed to have the lowest floor, including all
utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation
Engineer I Surveyor Date
OR
I, , certify that the structure with its attendant utility, ductwork,
basement and sanitary facilities is designed to be flood-proofed so that the structure and utilities, ductwork,
basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all
areas below the Base Flood Elevation, and shall resist the structural loads and buoyancy effects from the
hydrostatic and hydrodynamic conditions.
Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
Engineer I Surveyor Date
Conditions or comments as part of approval:
Page 7of10
CITY OF Coll.EGE STATION
Home of Texas A&M University"
SITE PLAN MINIMUM REQUIREMENTS
(ALL CITY ORDINANCES MUST BE MET)
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
~ O Sheet size -24" x 36" (minimum).
v D A key map (not necessarily to scale).
v-EJ Title block to include:
v-O Name, address, location, and legal description
v O Name, address, and telephone number of applicant
O Name, address, and telephone number of developer/owner (if differs from applicant)
\, O Name, address, and telephone number of architecUengineer (if differs from applicant)
v O Date of submittal
v 0 Total site area
vCJ North arrow.
c{F1 O Scale should be largest standard engineering scale possible on sheet.
D O Ownership and current zoning of parcel and all abutting parcels.
N/-A O The total number of multi-family buildings and units to be constructed on the proposed project site.
WAD The density of dwelling units per acre of the proposed project.
~ /A-0 The gross square footage of all buildings and structures and the proposed use of each. If different uses are to be
located in a single building, show the location and size of the uses within the building. Building separation is a
minimum of 15 feet w/o additional fire protection.
Locations of the following on or adjacent to the subject site:
Designate between existing and proposed
N/A n The density of dwellinq units per acre of the proposed project.
:J. O Phasing. Each phase must be able to stand alone to meet ordinance requirements.
Q 0 Buildings (Existing and Proposed).
v-U Setbacks according to UDO, Article 5.
Geography
0 Water courses.
O 100 yr. floodplain and floodway (if applicable) on or adjacent to the proposed project site. Please note if there is none
on the site with confirming FEMA/FIRM map number. 0 Existing topography (2' max or spot elevations) and other pertinent drainage information. (If plan has too much
information, show drainage on separate sheet.) D Proposed grading (1 ' max for proposed or spot elevations) and other pertinent drainage information. (If plan has too
much information, show drainage on separate sheet.)
Page 8of10
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Streets, Parking, and Sidewalks
O Existing streets and sidewalks (R.O.W.).
D Existing Driveways, both opposite and adjacent to the site according to UDO, Article 7.
O Proposed drives. Minimum drive aisle width according to UDO, Article 7
O Indicate proposed driveway throat length according to UDO, Article 7
O Proposed curb cuts.
D For each proposed curb cut (including driveways, streets, alleys, etc.) locate existing curb cuts on the same and
opposite side of the street to determine separation distances between existing and proposed curb cuts.
D Proposed curb and pavement detail.
D A 6" raised curb is required around all edges of all parts of all paved areas without exception. (To include island,
planting areas, access ways, dumpster locations, utility pads, etc.) No exception will be made for areas
designated as "reserved for future parking".
O Proposed medians.
O Proposed sidewalks (both public and private).
O Proposed pedestrian/bike circulation and facilities for non-residential buildings (UDO, Article 7).
O Off-Street parking areas with parking spaces drawn, tabulated, and dimensioned.
O Designate number of parking spaces required by ordinance and provided by proposal.
O Handicap parking spaces.
O Parking Islands drawn and dimensioned with square footage calculated according to UDO, Section 7.2 or 7.9 fornon-
residential buildings.
O Parking setback from R.O.W. to curb of parking lot as required.
0 Wheelstops may be required when cars overhang onto property not owned by the applicant or where there may be
conflict with pedestrian or bike facilities, handicap accessible routes or above ground utilities, signs or other conflicts.
O Security gates, showing swing path and design specs with colors.
O Guardrails. Include design and colors.
O Traffic Impact Analysis for non-residential development (UDO, Article 7).
D Please note if none is required.
O Will there be access from a TxDOT R.O.W.? O Yes 0 No
If yes, then TxDOT permit must be submitted with this application.
Easements and Utilities
O Easements -clearly designate as existing or proposed and type (utility, access, etc.)
O Utilities (noting size and designate as existing or proposed) within or adjacent to the proposed site, including building
transformer locations, above ground and underground service connections to buildings, and drainage inlets.
O Sewer Design Report (if applicable).
O Water Design Report and/or Fire Flow Report (if applicable).
O Drainage Report with a Technical Design Summary.
D Meter locations, existing and proposed (must be located in public R.O.W. or public utility easement).
O Provide a water and sanitary sewer legend to include
O Minimum water demands
O Maximum water demands
D Average water demands in gallons per minute, and
D Maximum sewer loadings in gallons per day
O Will there be access from a TxDOT R.O.W.? D Yes O No
If yes, then TxDOT permit must be submitted with this application.
Page 9of10
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Fire Protection
O Show fire lanes. Fire lanes with a minimum of 20 feet in width with a minimum height clearance of 14 feet must be
established if any portion of the proposed structure is more than 150 feet from the curb line or pavement edge of a
public street or highway.
O Show proposed and existing fire hydrants. Fire hydrants must be located on the same side of a major street as a
project, and shall be in a location approved by the City Engineer. Any structure in any zoning district other than R-1 ,
R-1A, or R-2 must be within 300 feet of a fire hydrant as measured along a public street, highway or designated fire
lane.
NOTE: Fire hydrants must be operable and accepted by the City, and drives must have an all weather surface before a
building permit can be issued.
D Will building be sprinkled? O Yes O No
If the decision to sprinkle is made after the site plan has been approved, then the plan must be resubmitted. If Yes,
O Show fire department connections. FDC's should be within 150' of the fire hydrant. In no case shall they be any
further than 300' apart, and they shall be accessible from the parking lot without being blocked by parked cars or
a structure.
Landscaping
0 Landscape plans as required in Article 7 of the Unified Development Ordinance. The landscaping plan can be shown
on a separate sheet if too much information is on the original site plan. If requesting protected tree points, then those
trees need to be shown appropriately barricaded on the landscape plan. Attempt to reduce or eliminate plantings in
easements.
Include information on the plans such as:
O required point calculations
O additional streetscape points required. Streetscape compliance is required on all streets.
O calculations for # of street trees required and proposed (proposed street tree points will accrue toward total
landscaping points.)
D proposed new plantings with points earned
D proposed locations of new plantings
O screening of parking lots, 50% of all shrubs used for screening shall be evergreen.
O screening of dumpsters, concrete retaining wans, off street loading areas, utility connection points, or other
areas potentially visually offensive.
D existing landscaping to remain
O show existing trees to be barricaded and barricade plan. Protected points will only be awarded if barricades are
up before the first development permit is issued.
n BuffP.r ~s rP.0t1irP.rl in ArtidP. 7 of thP. I lnifiP.rl OP.vP.lnnmP.nt Orrlin::mr:A
D Show irrigation system plan. (or provide note on how irrigation system requirement will be met prior to issuance of C.
0 .) All plans must include irrigation systems for landscaping. Irrigation meters are separate from the regular water
svstems for buildinos and will be sized bv citv accordino to irrioation demand submitted bv aoolicant and must
include backflow prevention protection.
D Is there any landscaping in TxDOT R.O.W.? O Yes O No
!f ._:~-!:! ~~~~ T'.:~!:T :"':~=-":"':"'::~ ~! !-:~ ~:"'" -:.! ~!-:!"':"'::~.-~ :-:,~ ~~--~~~--&. ---1=--.a.; __ . .
Other
D Common open spaces sites . . . ---·-·--_._ -··-LJ L..VQUll I~ UV\J"<>
D Detention ponds
n RetaininQ walls
O Sites for solid waste containers with screening. Locations of dumpsters are accessible but not visible from streets or
residential areas. Gates are discouraged and visual screening is required . (Minimum 12 x 12 pad required.) n Are there impact fees associated with this development? n Yes D No
NOTE: Signs are to be permitted separately.
Print Form
----""' .tr ,.,.. I G~G IV VI IV
at&t
December 26, 2013
LETTER OF AUTHORIZATION
SITE NUMBER: HX2260
SITE NAME: Lake Placid East
SITE ADDRESS: 1241 Flying Ace Circle
College Station, Texas 77845
AT&T Mobility
6500 W. Loop South
Mail Center 1.W10
Bellaire, TX 77401
I, Terri J Sharp , Sr. Real Estate & Construction Manager, of New Cingular Wireless ("AT&T"), owner of the tower facility
and/or AT&T telecommunications equipment located at the address identified above (the "Tower Facility") do hereby
authorize Crafton Communications, and/or its agents to act as AT& T's non-exclusive agent for the purpose of filing and
consummating any land-use or building permit application(s) necessary to obtain approval of the applicable jurisdiction(s) for
the AT&T installation of its antennas and related telecommunications equipment on the existing tower and Tower Facility. This
installation shall not affect adjoining lands and will occur within the area leased by AT&T.
We understand that this application may be denied, modified, or approved with conditions. The above authorization is limited
to t~e acceptance by AT&T only of conditions related to AT& T's installation, provided that any such conditions of approval or
modifications will be the sole responsibility of AT&T.
b"q.~~/
Terri J Sharp
Sr. Real Estate & Constr. Mgr.
AT&T Mobility
AT&T Owned Towers
Inside City Limits
Site Name: 517 Southland
Site ID: 70059
Site Address: 112 Holleman Drive, College Station, Texas 77840
Tower Height: 100'
Site Name: Fixed Wireless -Bee Creek
Site ID: 43980
Site Address: 2106 Southwood Drive, College Station, Texas 77840
Tower Height: 160'
Site Name: South Bryan
Site ID: 64206
Site Address: 1400 Arrington Drive, College Station, Texas 77845
Tower Height: 232'
Site Name: Bentwood
Site ID: HX3573
Site Address: 2504 Texas Avenue South, College Station, Texas 77840
Tower Height: 35'
Proposed Towers
Site Name: Mickthea
Site ID: HX2259
Site Address: 11136 Hope Creek Rd, College Station, Texas 77845
Tower Height (Proposed): 100' (Inside ETJ)
Site Name: Lake Placid
Site ID: HX2260
Site Address: 1241 Flying Ace Circle, College Station, Texas 77845
Tower Height (Proposed): 110' (Inside City Limits)
Inside City ETJ
Site Name: Mortier
Side ID: 70063
Site Address: 3360 Capstone Rd, College Station, TX 77845
Tower Height: 150'
Site Name: Easterwood
Side ID: 70070
Site Address: 4799 Jordan Place, College Station, TX 77845
Tower Height: 251'
2014
AFFIDAVIT
STATE OF TEXAS §
COUNTY OF MONTGOMERY §
BEFORE ME, the undersigned authority, on this the 6 day of February, 2014, personally
appeared David Petrakovitz who by me being first duly sworn, on this oath deposed and
said as follows:
"My name is David Petrakovitz. I am the Site Acquisition and Permit Agent for Crafton
Communications as agent for AT&T Mobility, (reference LEITER OF
AUTHORIZATION dated December 26, 2013) I am duly authorized to make this
affidavit.
As regards the Wireless Telecommunication Facility to be installed at 1241 Flying Ace
Circle, College Station, Texas 77845, AT&T Mobility affirms that this site is in full
compliance with all FAA, FCC and other required Federal Government regulations as
pertains to their license(s) to operate said facility.
This affidavit shall serve as competent evidence of such agreement and obligatio '
(Insert Name)
SW~ SUBSCRIBED TO before me on this the ~r</.y of
~Q.f' f , 2014, to which witness my hand and seal of office.
_,,-;,~~~.~·~~:~~ DENISE HARPER n~t~ Notary Public, ~tate of .Texas ~~ .. ~·:.;:-.> My Comm1ss1on Expires "'-,;:,f.r,:,1~t,~ March 07, 2014
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December 30, 2013
Molly Hitchcock, AICP
Assistant Director, Planning & Development Services
City of College Station
1101 Texas Avenue
College Station, TX 77842
Dear Ms. Hitchcock,
In response to Site Plan Application, AT&T Mobility -HX2260 Lake Placid East, requesting (1)
"A letter addressed to the City declaring an intent and willingness to construct a proposed tower
that would allow additional service providers to locate on the tower" and (2) as also the
requirement to design any approved WTF to meet or exceed 90 MPH wind loading:
(1) It is the policy of AT&T Mobility to build new towers to accommodate multiple antenna
arrays. AT&T also maintains Master Lease Agreements with other carriers and
communication providers. AT&T is willing to allow additional service providers to
locate on the tower based upon the structural capacity of the tower and the additional
service provider's execution of required lease arrangements.
(2) AT&T has not ordered the manufacture of the proposed tower at this time. Such an order
is placed upon the successful approval and receipt of all require zoning and building
permits as may be required by the City of College Station. The tower when ordered will
meet or exceed all code requirements including but not limited to the wind loading
requirements called out by the City of College Station. According, we request that this
zoning application requirement be waived until such time as AT&T Mobility makes
application for a building permit.
Respectfully,
Dave Petrakovitz
Crafton Communications
Agents for AT&T Mobility
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COMPANY AGREEMENT
OF
FLYING ACE DEVELOPMENT, llC
(A Texas Limited Liability Company)
Article I.
1.01.
1.02.
1.03.
1.04.
1.05.
1.06.
1.07.
Article II.
2.01.
2.02.
2.03.
2.04.
2.05.
2.06.
2.07.
2.08.
2.09.
2.10.
2.11.
2.12.
Article Ill.
3.01.
3.02.
3.03.
3.04.
3.05.
Artide IV.
4.01.
4.02.
4.03.
Article V.
5.01.
5.02.
5.03.
5.04.
5.05.
5.06.
5.07.
5.08.
Organization
Formation
Name
TABLE OF CONTENTS
Registered Office; Registered Agent; Offices
Purposes
Foreign Qualifications
Term
No State-Law Partnership
Membership; Disposition of Interests
Members; Sharing Ratios
Dispositions of Membership Interests
Encumbrances of Membership Interests
Majority Interest
Voting Ratios
Membership Rights
Creation of Additional Membership Interests
Withdrawal
Information
Liability to Third Parties
Expulsion
Spouses of Members
Capital Contributions
Initial Contributions
Subsequent Contributions
Failure to Contribute
Return of Contributions
Advances by Members
Distributions and Allocations
Distributions
Allocations
Guaranteed Payments
Management
Management by Managers
Decisions Requiring Member Consent
Selection of Managers
Meetings of Managers
Committees of Managers; Delegation of Authority to Individual Managers
Compensation
Meetings of Members
Provisions Applicable to All Meetings
(a) Place of Meeting
(b) Waiver of Notice through Attendance
(c) Proxies
(d) Action by Written Consent
(e) Meetings by Telephone
5.09.
5.10.
5.11.
Article VI.
6.01.
6.02.
6.03.
Article VII.
7.01.
7.02.
7.03.
Artide VIII.
8.01.
8.02.
8.03.
8.04.
8.05.
8.06.
Article IX.
9.01.
9.02.
9.03.
9.04.
9.05.
9.06.
Article X.
10.01.
10.02.
10.03.
Limitations on Liability of Managers
Conflicts of Interest
Indemnification; Reimbursement of Expenses; Insurance
Taxes
Tax Returns
Tax Elections
Tax Matters Member
Books, Records, and Bank Accounts
Maintenance of Books
Reports
Accounts
Buyout Obligations and Options
Buyout Events
Procedure for Member-Related Buyout Events
Procedure for Spouse-Related Buyout Events
Purchase Price
Closing Date
Relationship of Buyout, Winding Up, and Disposition Provisions
(a) Death or Winding Up
(b) Bankruptcy
(c) Default
(d) Divorce or Spouse's Death
Put and Call Options In the Event of an Impasse
Definitions
Put and Call Options
Impasse
Exercise of Option
Purchase Price
Nonimpasse Disagreement
Winding Up and Termination
Winding Up
Liquidation and Termination
No Restoration of Deficit Capital Accounts
Article XI. General Provisions
11.01. Offset
11.02. Notices
11.03. Entire Agreement; Supersedure
11.04. Effect of Waiver or Consent
11.05. Amendment of Certificate and Company Agreement
11.06. Binding Effect
11.07. Governing Law; Severability
11.08. Construction
11.09. Further Assurances
11.10. Counterparts
COMPANY AGREEMENT
OF
FLYING ACE DEVELOPMENT, LLC
(A Texas Limited Uablllty Company)
This Company Agreement (the "Company Agreement") of FLYING ACE DEVELOPMENT, LLC
(hereinafter the "Company"), dated effective as of JULY 25, 2013, are (a) adopted by the Manager JEFFREY
LEATHERWOOD (as defined in Section 5.01) and (b) executed and agreed to, for good and valuable
consideration, by the Members JEFFREY LEATHERWOOD, JOHN W. SPIARS, TIMOTHY C. SPIARS, AND MARK
W. ROENIGK (as defined in Section 2.01).
ARTICLE I.
ORGANIZATION
1.01. Formation. The Company has been organized as a Texas Limited Liability Company by the filing of
Certificate of Formation (the "Certificate") under and pursuant to Title 3 of the Texas BUSINESS ORGANIZATIONS
CODE (the "TBOC") and the issuance of a certificate of filing by the Secretary of State of Texas.
1.02. Name. The name of the Company is FLYING ACE DEVELOPMENT, LLC and all Company business must be
conducted in that name or such other names that may be selected by the Managers and that comply with
applicable law.
1.03. Registered Office; Registered Agent. The registered office and regi~tered agent of the Company in the
State of Texas shall be as specified in the Certificate or as designated by the Managers in the manner
provided by applicable law. The offices of the Company shall be at such places as the Managers may
designate, which need not be in the State of Texas.
1.04. Purposes. The purposes of the Company are those set forth in the Certificate.
1.05. Foreign Qualifications. Prior to the Company's conducting business in any jurisdiction other than Texas,
the Managers shall cause the Company to comply with all requirements necessary to qualify the Company as
a foreign limited liability company in that jurisdiction.
1.06. Term. The Company commenced on the date the Company filed its Certificate of Formation with
Secretary of State of Texas and shall continue In existence for the period fixed in the Certificate for the
duration of the Company, or such earlier time as this Company Agreement may specify.
1.07. No State-Law Partnership. The Members intend that the Company not be a partnership (including a
limited partnership) or joint venture, and that no Member or Manager be a partner or joint venturer of any
other Member or Manager, for any purposes other than· applicable tax laws, and this Company Agreement
may not be construed to suggest otherwise.
ARTICLE II.
MEMBERSHIP; DISPOSITION OF INTERESTS
2.01. Members; Sharing Ratio. The members of the Company ("Members"} are the persons or entities
("Persons"} executing this Company Agreement as of the date hereof as members and each Person that is
hereafter admitted to the Company as a member in accordance with this Company Agreement. If a Member
shall have made a Disposition (as defined in Section 2.02) of all or any portion of its Membership Interest but
shall have retained any rights therein, then solely with respect to the Membership Interest (or portion
thereof) so disposed, all references to "Member" that appear in Article IV and Section 9.02(b} shall be
deemed to refer to the assignee of such Membership Interest. The Sharing Ratio and Commitment (herein so
called) of each initial Member is set forth on Exhibit A.
2.02. Dispositions of Membership Interests. A Member may not make a sale, assignment, transfer,
conveyance, gift, exchange, or other disposition (voluntarily, involuntarily, or by operation of law}
("Disposition"} of all or any portion of its rights or interest in the Company ("Membership Interest"), other
than a Disposition resulting from a Buyout Event described herein, except with the consent of a majority (by
number) of the Managers who are Members, calculated without reference to the Member desiring to make
such Disposition. Any attempted Disposition of all or any portion of a Membership Interest, other than in
strict accordance with this Section 2.02, shall be null and void ab initio. A Person to whom a Membership
Interest is Disposed (including as a result of the death of a Member) may be admitted to the Company as a
member only with the consent of a majority (by number) of the Managers who are Members; and (without
limiting the generality of Section 5.02} each Manager's consent may be given or withheld in the Manager's
sole and absolute discretion, with or without cause, and subject to such conditions as it shall deem
appropriate ("Sole Discretion"). In connection with any Disposition of a Membership Interest or any portion
thereof, and any admission of an assignee as a Member, the Member making such Disposition and the
assignee shall furnish the Managers with such documents regarding the Disposition as the Managers may
request (in form and substance satisfactory to the Managers), Including a copy of the Disposition instrument,
a ratification by the assignee of this Company Agreement (if the assignee is to be admitted as a Member), a
legal opinion that the Disposition complies with the applicable federal and state securities laws, and a legal
opinion that the Disposition will not result in the Company's termination under Section 708 of the INTERNAL
REVENUE CODE OF 1986 (as amended from time to time, the "Code"). Notwithstanding the foregoing a
members transfer of Membership interest into a Trust (of which he is the Trustee) or a Family Limited
Partnership of which he is the General Partner or a 100% owner of the General Partner Entity shall not be
deemed a disposition of a members interest and shall not require majority consent.
2.03. Encumbrances of Membership Interests. A member may not pledge, mortgage, subject to a security
interest or lien, or otherwise encumber (voluntarily, involuntarily, or by operation of law) all or any portion of
its Membership Interest without the consent of the Managers and a Majority Interest (as defined in Section
2.04), calculated without reference to the Member desiring to make such encumbrance.
2.04. Majority Interest. "Majority Interest" refers to those Members holding among them at least a majority
of all Voting Ratios; provided however, if a provision of this Company Agreement provides that a Majority
Interest, for the purposes of that provision, is to be calculated without reference to one or more excluded
Members, then, solely for the purposes of that provision, "Majority Interest" shall mean Members, other
than the excluded Members, holding among them at least a majority of all Voting Ratios, other than the
Voting Ratios held by such excluded Members.
2.05. Voting Ratio. "Voting Ratio" shall mean, with respect to any member, such Member's Sharing Ratio;
provided however, that if a Member shall have Disposed of all or any portion of its Interests, which refers to a
Person's share of the income, gain, loss deduction, and credits of, and the right to receive distributions from,
the Company ("Interest"), .but shall have retained its other Membership Rights (as defined in Section 2.06),
such Member shall be deemed, solely for purposes of determining such Member's Voting Ratio, to continue
to hold the Sharing Ratio attributable to the Interest that was the subject of such Disposition.
2.06. Membership Rights. "Membership Rights" shall mean, with respect to any member, (a) that Member's
status as a Member; (b) that Member's Interest; (c) all other rights, benefits, and privileges enjoyed by that
Member (under the TBOC, the Certificate, this Company Agreement, or otherwise) in its capacity as a
Member, including that Member's right to vote, consent and approve, and otherwise to participate in the
management of the Company; and (d) all obligations, duties, and liabilities imposed on that Member (under
the TBOC, the Certificate, this Company Agreement or otherwise) in its capacity as a Member, including any
obligations to make Capital Contributions; provided however, that such term shall not include any
management rights held by a Member solely in its capacity as a Manager.
2.07. Creation of Additional Membership Interests. Additional Membership Interests may be created and
issued to existing Members or to other Persons, and such other Persons may be admitted to the Company as
Members, at the direction of the Managers and a Majority Interest, on such terms and conditions, and with
such Sharing Ratios and Commitments, as the Managers and such Majority Interest may determine at the
time of admission. The Managers may reflect the admission of any new Members or the creation of any new
class or group of Member in an amendment to this Company Agreement that need be executed only by the
Managers.
2.08. Withdrawal. A Member may not withdraw from the Company.
2.09. Information. In addition to the other rights specifically set forth in this Company Agreement, each
Member and each Assignee is entitled to all information to which that Member or Assignee is entitled to
have access pursuant to the TBOC under the circumstances and subject to the conditions therein stated.
2.10. liability to Third Parties. No Member or Manager shall be liable for the debts, obligations, or liabilities
of the Company, including under a judgment decree or order of a court.
2.11. Expulsion. A Member may not be expelled from the Company.
2.12. Spouses of Members. Spouses of the Members do not become Members as a result of such marital
relationship. Each spouse of a Member has executed a Spouse's Agreement in the form of Exhibit B.
ARTICLE Ill.
CAPITAL CONTRIBUTIONS
3.01. Initial Contribution. Contemporaneously with the execution by such Member of this Company
Agreement, each Member shall make the contributions to the capital of the Company ("Capital
Contributions") described for that Member in Exhibit A.
3.02. Subsequent Contributions.
(a) Without creating any rights in favor of any third party, each Member shall contribute to the
Company, ln cash, on or before the date specified as hereinafter described, that Member's Sharing Ratio of
all monies that in the judgment of the Managers and a Majority Interest are necessary to enable the
Company to cause the assets of the Company to be properly operated and maintained and to discharge its
costs, expenses, obligations, and liabilities; provided, however, that a Member is not obligated to contribute
a total amount that, when added to all Capital Contributions that Member previously has made pursuant to
Section 3.01 or this Section 3.02, exceeds that Member's Commitment.
3.03. Failure to Contribute.
(a) If a Member does not contribute, within ten days of the date required, all or any portion of a
Capital Contribution that Member is required to make as provided in this Company Agreement, the Managers
may cause the Company to exercise, on notice to that Member (the "Delinquent Member"), one or more of
the following remedies:
(i) taking such action (including court proceedings), at the cost and expense of the
Delinquent Member, as the Managers may deem appropriate to obtain payment by
the Delinquent Member of the portion of the Delinquent Member's Capital
Contribution that is in default, together with interest thereon from the date that the
Capital Contribution was due until the date that it is made, at a rate per annum
equal to the maximum rate permitted by applicable law;
(ii) exercising the rights of a secured party under the UNIFORM COMMERCIAL CODE of the
State of Texas, as more fully set forth in Section 3.03(b}; or
(iii) exercising any other rights and remedies available at law or in equity.
In addition, the failure to make such contributions shall constitute a Default (as that term is defined in
Section 8.0l(b)) by the Delinquent member, and the other Members shall have the rights set forth in Article
VIII with respect to such Default.
(b) Each Member grants to the Company, as security for the payment of all Capital
Contributions that Member has agreed to make, a security interest in and a general lien on its Membership
Interest and the proceeds thereof, all under the Uniform Commercial Code of the State of Texas. On any
default in the payment of a Capital Contribution, the Company is entitled to all the rights and remedies of a
secured party under the UNIFORM COMMERCIAL CODE of the State of Texas with respect to the security interest
granted in this Section 3.03(b). Each Member shall execute and deliver to the Company all financing
statements and other instruments that the Managers may request to effectuate and carry out the preceding
provisions of this Section 3.03(b). At the option of the Managers, this Company Agreement or a carbon,
photographic, or other copy hereof, may serve as a financing statement.
3.04. Return of Contributions. A Member is not entitled to the return of any part of its Capital Contributions
or to be paid interest in respect of either its capital account or its Capital Contributions. An unrepaid Capital
Contribution is not a liability of the Company or of any Member. A Member ls not required to contribute or to
lend any cash or property to the Company to enable the Company to return any Member's Capital
Contributions.
3.05. Advances by Members. If the Company does not have sufficient cash to pay its obligations, any
Member(s) that may agree to do so with the consent of the Managers and .a Majority Interest may advance
all or part of the needed funds to or on behalf of the Company, at such interest rate and on such other terms
as such Member and Managers may agree. An advance described in this Section 3.03 constitutes a loan from
. the Member to the Company and is not a Capital Contribution.
ARTICLE IV.
DISTRIBUTIONS AND ALLOCATIONS
4.01. Distributions. At such time as determined by the Managers, but in no event not less often than annually
on or before the thirtieth day after the end of the fiscal year, Net Cash Flow (as defined in this Section 4.01)
for each fiscal year (or such shorter period for which the distribution is made) shall be distributed to the
Members in proportion to their Sharing Ratios. The Term "Net Cash Flow" shall mean all cash funds derived
by the Company (including interest received on reserves, borrowings, and capital transactions), without
reduction for any noncash charges, but less cash funds used to pay current operating expenses, debt
payments, capital improvements, replacements, and establish reasonable reserves for future expenses and
costs as determined by the Managers.
4.02. Allocations. Except as may be required by INTERNAL REVENUE CODE § 704(c) and Treasury Regulation §
1.704-3, all items of income, gain, loss, deduction, and credit of the Company shall be allocated to the
Members in their Sharing Ratios or as determined by the Managers.
4.03. Guaranteed Payments. The Company may make guaranteed payments to Members for services or the
use of capital in accordance with INTERNAL REVENUE CODE§ 707(c). Such guaranteed payments shall be made in
such amounts and at such intervals as determined by agreement of all Members.
ARTICLE V.
MANAGEMENT
5.01. Management by Managers.
(a) Subject to the provisions of Section 5.02, the power of the Company shall be exercised by or
under the authority of, and the business and affairs of the Company shall be managed under the direction of,
the managers of the Company ("Managers"). No Member in Its capacity as a Member has the right, power, or
authority to act for or on behalf of the Company, to do any act that would be binding on the Company, or to
incur any expenditures on behalf of the Company.
(b} In managing the business and affairs of the Company and exerc1s1ng its powers, the
Managers shall act (i) collectively through resolutions adopted at meetings and in written consents pursuant
to Sections 5.04 and 5.08; and (ii) through committees and individual Managers to which authority and duties
have been delegated pursuant to Section 5.05. No Manager has the right, power, or authority to act for or on
behalf of the Company, to do any act that would be binding on the Company, or to incur any expenditure on
behalf of the Company, except in accordance with the immediately preceding sentence. Decisions or actions
taken by the Managers in accordance with this Company Agreement (including this Section 5.01 and Section
5.02) shall constitute decisions or actions by the Company and shall be bi_nding on each Manager, Member,
Officer (as defined in Section 5.09), and employee of the Company. Notwithstanding the foregoing the
Manager shall incur any expenditure greater than $3,000.00 without the written approval of the Secretary.
5.02. Decisions Requiring Member Consent. Notwithstanding any power and authority granted the
Managers under the TBOC, the Certificate or this Company Agreement, the Managers may not make any
decision or take any action for which the consent of a Majority Interest or other consent of the Members is
expressly required by the Certificate or this Company Agreement, without first obtaining such consent.
Each Member may, with respect to any vote, consent, or approval that it is entitled to grant pursuant to this
Company Agreement, grant or withhold such vote, consent, or approval in its Sole Discretion. This Section
5.02 shall supersede the TBOC.
5.03. Selection of Managers. The number of Managers of the Company shall be the number set forth in the
Certificate as the number of the initial Managers, unless such number is changed by a Majority Interest. The
initial Managers of the Company shall be the Persons named in the Certificate as the initial Managers.
Managers need not be Members or residents of the State of Texas; provided however, that at all times at
least one Manager must be a Member. The Initial Manager is JEFFREY LEATHERWOOD.
The Initial Managers shall continue as Managers unless agreed otherwise or except as provided herein. Each
Manager (whether an initial or a successor Manager) shall cease to be a Manager upon the earliest to occur
of the following events: (a) such Manager shall engage in gross negligence or willful misconduct in the
performance of its duties as a Manager and, as a result thereof, shall be removed by a Majority Interest at a
meeting of the Members called for that purpose; (b) such Manager shall resign as a Manager, by giving notice
of such resignation to the Members; or (c} such Manager shall die, be wound up (unless its business ls
continued without the commencement of liquidation or winding up), or become Bankrupt (as defined In
Section 9.0l(c)). Any vacancy in any Manager position may be filled by a Majority Interest at a meeting of the
Members called for that purpose, or by a majority of the remaining Managers, though less than a quorum of
the Managers.
5.04. Meetings of Managers. Regular meetings of the Managers may be held on such dates and at such times
as shall be determined by the Managers, with notice of the establishment of such regular meeting schedule
being given to each Manager not present at the meeting at which it was adopted. Special meetings of the
Managers may be called by any Manager by notice thereof (specifying the place and time of such meeting)
that is delivered to each other Manager at least twenty-four hours prior to such meeting. Neither the
business to be transacted at, nor the purpose of, such special meeting need be specified in the notice (or
waiver of notice) thereof. Unless otherwise expressly provided in this Company Agreement, at any meeting of
the Managers, a majority (by number} of the Managers shall constitute a quorum for the transaction of
business, and an act of a majority (by number) of the Managers who are present at such a meeting at which a
quorum is present shall be the act of the Managers. The provisions of this Section 5.04 shall be inapplicable
at any time that there is only one Manager.
5.05. Committees of Managers; Delegation of Authority to Individual Managers. The Managers may
designate one or more committees, each of which shall be comprised of one or more of the Managers, and
may designate one or more of the Managers as alternate members of any committee. Except for matters that
cannot be delegated to such a committee pursuant to the TBOC, any such committee, to the extent provided
in the resolution establishing it, shall have and may exercise all of the authority that may be exercised by the
Managers. Regular and special meetings of such committee shall be held in the manner designated by the
Managers or, if not so designated, by such committee. The Managers may dissolve any committee at any
time. In addition, the Managers may delegate to one or more Managers such authority and duties, and assign
to them such titles, as the Managers may deem advisable. Any such delegation may be revoked at any time
by the Managers .
. 5.06. Compensation. The Managers shall receive such compensation, if any, for their services as may be
designated by a Majority Interest. In addition, the Managers shall be entitled to be reimbursed for out-of-
pocket costs and expenses Incurred in the course of their service hereunder.
5.07. Meetings of Members. An annual meeting of the Members for the transaction of such business as may
properly come before the meeting shall be held on such date and at such time as the Managers shall specify
in the notice of the meeting, which shall be delivered to each Member at least twenty days prior to such
meeting. Specia l meetings of the Members may be called by the Managers or by Members having among
them at least 10% of the Sharing Ratios of all Members. Any such meeting shall be held on such date and at
such time as the Person calling such meeting shall specify in the notice of the meeting, which shall be
delivered to each Member at least ten days prior to such meeting. Only business within the purpose or
purposes described in the notice (or waiver thereof} for such meeting may be conducted at such meeting.
Unless otherwise expressly provided in this Company Agreement, at any meeting of the Members, Members
holding among them Majority Interest, represented either in person or by proxy, shall constitute a quorum
for the transaction of business, and an act of a Majority Interest shall be the act of the Members.
5.08. Provisions Applicable to All Meetings. In connection with any meeting of the Managers, Members, or
any committee of the Managers, the following provisions shall apply:
(a) Place of Meeting. Any such meeting shall be held at the principal place of business of the
company, unless the notice of such meeting (or resolution of the Managers or committee, as applicable)
specifies a different place, which need not be in the State of Texas.
(b) Waiver of Notice through Attendance. Attendance of a Person at such meeting (including
pursuant to Section 5.08(e)) shall constitute a waiver of notice of such meeting, except where such Person
attends the meeting for the express purpose of objecting to the transaction of any business on the grounds
that the meeting is not lawfully called or convened.
(c) Proxies. A Person may vote at such meeting by a written proxy executed by that Person and
delivered to another Manager, Member, or member of the committee, as applicable. A proxy shall be
revocable unless stated to be irrevocable.
(d) Action by Written Consent. Any action required or permitted to be taken at such meeting
may be taken without a meeting, without prior notice, and without a vote if consents are in writing, setting
forth the action so taken, is signed by the Managers, Members, or members of the committee, as applicable,
having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the
action at a meeting at which all Members, Managers, or members of the committee, as applicable, entitled to
vote on the action were present and voted.
(e) Meetings by Telephone. Managers, Members, or members of the committee, as applicable,
may participate in and hold such meeting by means of conference telephone, videoconference, or similar
communications equipment by means of which all Persons participating in the meeting can hear each other.
5.09. Limitations on Liability of Managers. The liability of the Managers and the Members to the Company
shall be limited to the extent, if any, set forth in the Certificate.
5.10. Conflicts of Interests. Subject to the other express provisions of this Company Agreement, each
Member, Manager, Officer, or affiliate thereof may engage in and possess interests in other business
ventures of any and every type and description, independently or with others, including ones in competition
with the Company, with no obligation to offer to the Company or any other Member, Manager, or Officer the
right to participate therein. The Company may transact business with any Member, Ma.nager, Officer, or
affiliate thereof, provided the terms of those transactions are no less favorable than those the Company
could obtain from unrelated third parties.
5.11. Indemnification; Reimbursement of Expenses; Insurance. To the fullest extent permitted by the TBOC:
(a) the Company shall indemnify each Manager who was, is, or is threatened to be made a party to any
threatened, pending, or completed action, suit, or proceeding ("Proceeding"), any appeal therein, or any
injury or investigation preliminary thereto, by reason of the fact that he or she is or was a Manager; (b) the
Company shall pay or reimburse a Manager for expenses incurred by him or her (i) in advance of the final
disposition of a Proceeding to which such Manager was, is, or is threatened to be made a party, and (II) in
connection with his or her appearance as a witness or other participation in any Proceeding. The Company
shall indemnify and advance expenses to an Officer of the Company to the extent required to do so by the
TBOC or other applicable law. The Company, by adoption of a resolution of the Managers, may indemnify and
advance expenses to an Officer, employee, or agent of the Company to the same extent and subject to the
same conditions under which it may indemnify and advance expenses to Managers under the proceeding
sentence. The provisions of this Section 5.11 shall not be exclusive of any other right under any law, provision
of the Certificate or this Company Agreement, agreement, or otherwise. The Company may purchase and
maintain insurance to protect itself and any Manager, Officer, employee, or agent of the Company,
regardless of whether the Company would have the power to indemnify such Person under this Section 5.11.
ARTICLE VI.
TAXES
6.01. Tax Returns. The Company shall prepare and timely file all federal, state, and local tax returns required
to be filed by the Company. Each Member shall furnish to the Company all pertinent information in its
possession relating to the Company's operations that is necessary to enable the Company's tax returns to be
timely prepared and filed. The Company shall deliver a copy of each such return to the Members on or before
ten days prior to the due date of any such return, together with such additional information as may be
required by the Members in order for the Members to file their individual returns reflecting the Company's
operations. The Company shall bear the costs of the preparation and filing of its returns.
6.02. Tax Elections. The Company shall make the following elections on the appropriate tax returns:
(a) to adopt the calendar year as the Company's fiscal year;
{b) to adopt the accounting method that best matches revenues and expenses, or any method
approved or required by the INTERNAL REVENUE CODE;
{c) if a distribution of the Company's property as described in INTERNAL REVENU E CODE § 734
occurs or upon a transfer of Membership Interests as described in INTERNAL REVENUE CODE § 743 occurs, on
request by notice from any Member, to elect, pursuant to INTERNAL REVENUE CODE§ 754, to adjust the basis of
Company's properties;
(d) to elect to amortize the organizational expenses of the Company ratably over a period of
sixty months as permitted by INTERNAL REVENUE CODE § 709{b); and
(e) any other election the Managers, with the consent of a Majority Interest, may deem
appropriate and in the best interests of the Members.
Neither the Company nor any Manager or Member may make an election for the Company t o be excluded
from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or any similar
provisions of applicable state law and no provision of this Company Agreement {including Section 1.07) shall
be construed to sanction or approve such an election.
6.03. Tax Matters Partner. The Managers who are Members shall designate one Manager that is a Member
to be the "tax matters partner" of the Company pursuant to Code Section 6231(a)(7) (the ''Tax Matters
Partner"), or, if there is no Manager that is a Member, the Tax Matters Member shall be a Member that is
designated as such by a Majority Interest. The Tax Matters Member shall take such action as may be
necessary to cause to the extent possible each other Member to become a "notice partner" within the
meaning of Code Section 6223. The Tax Matters Member shall inform each other Member of all significant
matters that may come to its attention in its capacity as Tax Matters Member by giving notice thereof on or
before the fifth business day after becoming aware thereof and, within that time, shall forward to each other
Member copies of all significant written communications it may receive in that capacity. The Tax Matters
Member shall take no action without the authorization of a Majority Interest, other than such action as may
be required by applicable law. Any cost or expense incurred by the Tax Matters Member in connection with
its duties, including the preparation for or pursuance of administrative or judicial proceedings, shall be paid
by the Company.
6.04. Changes In Tax Law and Associated Estate Planning. In the event of changes to law and/or accounting
methodologies, members shall have the ability to implement changes to their earned distributions in
accordance with those changes in law or accounting methodologies. Members shall inform other members
in writing if changes are made with regard to their estate planning with regard to their portion of ownership.
ARTICLE VII.
BOOKS, RECORDS, AND BANK ACCOUNTS
7.01. Maintenance of Books. The Managers shall keep or cause to be kept at the principal office of the
Company complete and accurate books and records of the Company, supporting documentation of the
transactions with respect to the conduct of the Company's business, and minutes of the proceedings of its
Managers, Members, and each committee of the Managers. The books and records shall be maintained with
respect to accounting matters in accordance with sound accounting practices, and all books and records shall
be available at the Company's principal office for examination by any Member or the Member's duly
authorized representative at any and all reasonable times during normal business hours.
7.02. Reports. Within 105 days after the end of each taxable year, the Managers shall cause to be sent to
each Member at the end of the taxable year a complete accounting for the financial affairs of the Company
for the taxable year then ended.
7.03. Accounts. The Managers shall establish one or more separate bank and investment accounts and
arrangements for the Company, which shall be maintained in the Company's name with financial institutions
and firms that the Managers determine. The Managers may not commingle the Company's funds with the
funds of any Manager or Member.
ARTICLE VIII.
BUYOUT OPTIONS
8.01. Buyout Events. This Article VIII shall apply to any of the following events (each a "Buyout Event"):
(a) a Member shall. die, become disabled, be wound up, or become bankrupt;
(b) a Member shall commit one of the following acts of default ("Default"), (i) the failure of such
Member to contribute, within ten days of the date required, all or any portion of a Capital Contribution that
such Member is required to make as provided in this Company Agreement; or (ii) the failure of a Member to
comply in any material respect with any of its other agreements, covenants, or obligations under this
Company Agreement, or the failure of any representation or warranty made by a Member in this Company
Agreement to have been true and correct in all material respects at the time it was made, in each case if such
default is not cured by the applicable Member within thirty days of its receiving notice of such default from
the Managers or any other Member (or, if such default is not capable of being cured within such thirty-day
period, if such Member fails to promptly commence efforts to cure such default or to prosecute such curative
efforts to completion with continuity and diligence); or
(c) a divorce ("Divorce") or a spouse's death ("Spouse's Death") shall occur, and in connection
with such divorce or death, it is determined by a court of competent jurisdiction or, in the absence of judicial
determination, by a written agreement between the Member and the Member's spouse, spouse's estate,
former spouse, or former spouse's estate, that a portion of such Member's Membership Rights (hereinafter
referred to as "Spouse's Fraction") are owned by such Member's spouse, former spouse, spouse's estate, or
former spouse's estate.
In each case, the Member with respect to whom a Buyout Event has occurred is referred to herein as the
"Affected Member."
8.02. Procedure for Member-Related Buyout Events.
(a) If a Member shall die, become disabled, wind up, become bankrupt, commit a Default, the
Affected Member (or its representative) shall promptly give notice thereof to the Company and the other
Members. The Company shall have the option to acquire the Membership Rights of the Affected Member, by
notifying the Affected Member (or its representative) of such exercise within 110 days following the receipt
of the Affected Member's notice. If the Company does not exercise its right, then each of the other Members ·
shall have the option to acquire the Membership Rights of the Affected Member, by notifying the Affected
Member (or its representative) of such exercise within 120 days following such Member's receipt of the
notice described in the first sentence to this Section 8.02. Any Member that does not respond during the
applicable period shall be deemed to have waived the right. If more than one Member exercises the right,
each exercising Member shall participate In the purchase in the same proportion that the Member's Sharing
Ratio bears to the aggregate Sharing Ratios of all exercising Members (or on such other basis as the
exercising Members may mutually agree).
(b) Disability. For purposes of this Agreement, "Disability" of a particular person means the
inability, due to a physical or mental condition, of such person to maintain his or her employment or other
relationship with the Company (including without limitation, fulfilling duties in any position as an Manager of
the Company) or to conduct his or her normal daily activities on behalf of the Company for any six (6)
consecutive month period.
8.03. Procedure for Spouse Related Buyout Events. If a Divorce or Spouse's Death shall occur (as described in
Section 8.0l(c)), the Affected Member shall promptly give notice thereof to the Company and the other
Members. The Affected Member shall have the option to acquire such Spouse's Fraction, by notifying the
Affected Member's spouse or former spouse (or his or her representative) of such exercise within ninety days
following the occurrence of the Buyout Event. If the Affected Member does not exercise his or her right, then
the Company shall have the option to acquire the Spouse's Fraction of the Affected Member's spouse or
former spouse, by notifying the Affected Member's spouse or former spouse (or his or her representative) of
such exercise within 110 days following the receipt of the Affected Member's notice. If the Company does
not exercise its right, each of the other Members shall have the option to acquire such Spouse's Fraction, by
notifying the Affected Member's spouse or former spouse (or his or her representative) of such exercise
within 120 days following such Member's receipt of the notice described in the first sentence of this Section
8.03. The last two sentences of Section 8.02 shall also apply to this Section 8.03.
8.04. Purchase Price. The Person who is required to sell his or her Membership Rights or Spouse's Fraction
pursuant to this Article VIII is referred to herein as the "Seller,'' and the Company or the Persons that exercise
a right to purchase Membership Rights or a Spouse's Fraction pursuant to this Article VIII are referred to
herein as the "Buyers." The purchase price for Membership Rights or a Spouse's Fraction being purchased
pursuant to this Article VIII (the "Purchase Price") shall be determined in the following manner. The Seller and
the Buyers shall attempt to agree upon the fair market value of the applicable Membership Rights or
Spouse's Fraction. If those Persons do not reach such agreement on or before the thirtieth day following the
exercise of the option, the following determinations will control: For all Buyout Events, the Seller and the
Buyers shall each select one qualified appraiser. The two appraisers so selected shall proceed to determine
the fair market value of the Membership Rights or Spouse's Fraction, taking into consideration all liabilities,
indebtedness, liens, and obligations related thereto. An agreed determination by the appraisers so selected
shall be final and binding on the Seller and Buyers. However, if the two appraisers are unable to agree upon a
determination, then the two appraisers shall select a third appraiser to determine a value, and the average of
the value determined by the three appraisers shall be conclusive, final, and binding on the Seller and Buyers.
Each appraiser shall deliver a written appraisal to each Member. Each Member (or group of Members) will
pay the fees of the appraiser selected by it, and if applicable, one-half of the fees of the third appraiser.
Following the determination of fair market value by agreement or appraisal (the "Fair Market Value"), the
Purchase Price shall be determined and paid in accordance with the following procedures:
With respect to any Buyout Event:
(a) The Purchase Price shall be as stated above; provided, however, that if the Buyout Event is
the al or Default of the Affected Member, then the Purchase Price shall be (i) the Fair Market Value less (ii)
the amount of all monetary damages suffered by the Buyers as a result of such al or Default (including
indirect, incidental, and consequential damages);
(b) At the closing, the Buyers shall have the option to pay the full amount of the Purchase Price
or pay the Seller a portion of the Purchase Price equal to 10% of the Purchase Price ("Closing Percent"), and .
the remainder of the Purchase Price (the "Deferred Amount") shall accrue interest from the date of closing at
the rate per annum equal to the lesser of (a) a varying rate per annum that is equal to two-and one-half
points above the discount interest rate published by the Federal Reserve, with adjustments in that varying
rate to be made on the same date as any change in that rate, or (b) the maximum rate permitted by
applicable law, payable to the Affected Member in regular monthly installments over no more than three
years from the Closing Date.
(c) The payment to be made to the Seller pursuant to this Article VJll shall be in complete
liquidation and satisfaction of all the rights and interest of the Seller (and of all Persons claiming by, through,
or under the Seller) in and with respect to the Company, including any Membership Rights, Spouse's· Fraction,
any rights in specific Company property, and any rights against the Company and (insofar as the affairs of the
Company are concerned) against the other Members, and constitutes a compromise to which all Members
have agreed pursuant of the TBOC.
8.05. Closing Date. If an option to purchase is exercised in accordance with the other provisions of this Article
VIII, the closing date ("Closing Date") of such purchase shall occur at the principal place of business of the
Company on the thirtieth day after the determination of the Fair Market Value pursuant to Section 8.04 (or, if
later, the fifth business day after the receipt of all applicable regulatory and governmental approvals to the
purchase), unless the parties to such closing agree upon a different place or date. At the closing, (a) the Seller
shall execute and deliver to the Buyers (i) an assignment of the Seller's Membership Rights or Spouse's
Fraction (as applicable), in form and substance reasonably acceptable to the Buyers, containing a general
warranty of title as to such Membership Rights or Spouse's Fraction (including that such Membership Rights
· or Spouse's Fraction is free and clear of any Encumbrances), and (ii) any other instruments reasonably
requested by the Buyers to give effect to the purchase; and (b) the Buyers shall deliver to the Seller (i) the
portion of the Purchase Price required to be paid at the Closing Date, in immediately available funds, and, if
applicable, (ii) an unsecured promissory note reflecting the payment terms for the Deferred Amount. The
Sharing Ratios and Commitments of the Members shall be deemed adjusted to reflect the effect of the
purchase.
8.06. Relationship of Buyout, Winding Up, and Disposition Provisions. The following set forth the
relationship among this Article VIII, Section 2.02 (regarding Dispositions of Membership Rights and Admission
of Assignees}, and Section 9.01 (regarding Winding Up}:
(a) Death, Disability, or Winding Up. If the Buyout Event is the death, disability, or winding up of
the Affected Member, then the Affected Member shall automatically cease to be a Member upon the
occurrence of such Buyout Event, and, if the Affected Member was a Manager, such Buyout Event shall
constitute a Winding Up Event under Section 9.Dl(iii). If the other Members purchase the Affected Member's
Membership Rights pursuant to this Article VIII, the Assignees of such Affected Member shall have no further
rights with respect to such Membership Rights (except the right to receive the Purchase Price in accordance
with Sections 8.04 and 8.05), regardless of whether such Buyout Event constitutes a Winding Up Event and
regardless of whether a Continuation Election is made. If, however, the other Members do not purchase the
Affected Member's Membership Rights pursuant to this Article 8, then the following procedures will apply. If
such Buyout Event constitutes a Winding Up Event and a Continuation Election (as defined in Section 9.0l(b)}
is not made, the Assignees of the Affected Member shall receive the applicable liquidating distribution
described in Section 9.02. If such Buyout Event constitutes a Winding Up Event and a Continuation Election is
made, or if such Buyout Event does not constitute a Winding Up Event, then the Assignees of the Affected
Member may request admission to the Company as Members in the circumstances described in Section 2.02.
If such Assignees do not request admission, or if they request admission and it is not granted pursuant to
Section 2.02, then such Assignees shall remain Assignees and shall only own the Affected Member's Interest.
(b} Bankruptcy. If the Buyout Event is ·the Bankruptcy of the Affected Member, then the
Affected Member shall not cease to be a Member, but, if the Affected Member was a Manager, such
Bankruptcy shall constitute a Winding Up Event under Section 10.0l(iii}. If the other Members purchase the
Affected Member's Membership Rights pursuant to this Article VIII, the Affected Member shall have no
further rights with respect to such Membership Rights (except the right to receive the Purchase Price in
accordance with Sections 8.04 and 8.05), regardless of whether such Buyout Event constitutes a Winding Up
Event and regardless of whether a Continuation Election is made. If, however, the other Members do not
purchase the Affected Member's Membership Rights pursuant to this Article VIII, then the following
procedures will apply. If such Buyout Event constitutes a Winding Up Event and a Continuation Election is not
made, the Affected Member shall receive the applicable liquidating distribution described in Section 10.02. If
such Buyout Event constitutes a Winding Up Event and a Continuation Election is made, or if such Buyout
Event does not constitute a Winding Up Event, then the Assignees of the Affected Member may request
admission to the Company as Members in the circumstances described in Section 2.02. If such Assignees do
not request admission, or if they request admission and it is not granted pursuant to Section 2.02, then such
Assignees shall remain Assignees and shall only own the Affected Member's Interest. If there are no
Assignees of the Affected Member, the Affected Member shall be deemed to be an Assignee and shall only
own its Interest.
(c) Default. If the Buyout Event is the Default of the Affected Member, then the Affected
Member shall not ·cease to be a Member and such Buyout Event, in itself, shall not constitute a Dissolution
Event. If the other Members purchase the Affected Member's Membership Rights pursuant to this Article
VIII, however, (i) such purchase shall constitute a Winding Up Event under Section 10.0l(iii) if the Affected
Member is a Manager, and (ii) the Affected Member shall have no further rights with respect to such
Membership Rights (except for the right to receive Purchase Price in accordance with Sections 8.04 and 8.05),
regardless of whether such Buyout Event constitutes a Winding Up Event and regardless of whether a
Continuation Election is made. If, however, the other Members do not purchase the Affected Member's
Membership Rights, then such Affected Member shall remain a Member, and no Dissolution Event shall have
occurred.
(d) Divorce or Spouse's Death. If the Buyout Event is a Divorce or Spouse's Death, then the
Affected Member shall not cease to be a Member and such Buyout Event shall not constitute a Winding Up
Event. If the other Members purchase the applicable Spouse's Fraction pursuant to this Article VIII, the
spouse or former spouse (or his or her representative) shall have no further rights with respect to such
Spouse's Fraction (except the rights to receive Purchase Price in accordance with Sections 8.04 and 8.05). If,
however, the other Members do not purchase such Spouse's Fraction, then such spouse or former spouse (or
his or her representative) shall be deemed to be an Assignee and shall only own the Interest attendant to
such Spouse's Fraction.
ARTICLE IX.
PUT AND CALL OPTIONS
IN THE EVENT OF AN IMPASSE
9.01. Definitions.
(a} "Offering Member" means any Member who is a Manager, or such Member's personal
representatives, heirs, administrators, and executors, as the case may be, who pursuant to this Company
Agreement must or does offer a.II or any of such Member's Membership Interest to the Company or the
Continuing Members.
(b) "Continuing Members" mean all Members other than an Offering Member.
9.02. Put and Call Options. Notwithstanding the buyout provisions in Article VIII, each Member who is a
Manager shall have the right and option upon the written declaration (a "Declaration") by such Member to
the other Members and the Company of the occurrence of an "impasse" (as defined below) to sell to the
Continuing Members all of the Offering Member's Membership Interest, and the Continuing Members shall
have the obligation to either (i} purchase all of such Membership Interest owned by the Offering Member in
such proportion as the Continuing Members may agree upon, and if they cannot so agree, pro rata in
proportion to their then Sharing Ratio in the .Company {excluding the Offering Member's Membership
Interest}, or (ii) if the Cont.inuing Members are unable or unwilling to purchase all of the Membership Interest
owned by the Offering Member, sell all of their Membership Interests to the Offering Member, and the
Offering Member shall have the obligation to buy such Membership Interest.
9.03. Impasse. An "Impasse" shall be conclusively evidenced by (I} a Member who is a Manager or such
Member's respective representatives, voting opposite the other Members who are Managers at a vote at a
Members meeting or at a vote at a meeting of the Managers of the Company (or failing to attend such
meetings upon due notice if such failure results in the lack of a quorum making such vote impossible), which
vote is on a material issue, not in the ordinary course of business, and affecting the business, assets, or
operations of the Company, including, but not limited to, a proposal to merge, exchange, convert, liquidate,
consolidate, or wind up the Company, or to sell, lease, or dispose of all or substantially all of the assets of the
Company or to amend the substantive provisions of the Company's Company Agreement or Certificate of
Formation, or to issue or redeem Membership Interests, or admit new Members, and (ii} a Member who is a
Manager notifying the other Members w_ho are Managers and the Company and any other Members within
thirty days after such meeting, proposed meeting or vote that a majority vote of the Members who are
Managers could not be obtained and that an "Impasse" has occurred. The put and call rights granted to
Members who are Managers under this Article IX are independent of the other rights granted to the
Members and the Company under the other provisions of the Company Agreement and such rights are not
mutually exclusive or inconsistent. If no party makes an offer, then the Impasse shall be resolved by
arbitration as set forth in Section 9.06 below.
9.04. Exercise of Option. The Continuing Members shall exercise any option provided for In this Article IX
within thirty days after receipt of a declaration. Any closing of the sale of Membership Interests pursuant to
such exercise shall occur within ninety days after receipt of a Declaration.
9.05. Purchase Price. Any purchase or sale of Membership Interests sold pursuant to this Article IX shall be at
the price as set forth in the Declaration delivered by the Member exercising his or her right to sell the
Membership Interest and shall be paid at the closing of the sale of the Membership Interest: provided,
however, that the purchase price shall be not less than the Fair Market Value as determined by Article 8.04
above or the value as agreed between the Members.
9.06. Non-Impasse Disagreement. If the Members who are Managers cannot agree on any business matter
or decision relating to the Company that is or does not result in an Impasse as to a material issue as described
above, the Members who are Managers agree to resolve such issue by the decision of any mutually agreeable
third party. If the Members who are Managers cannot agree on a third party, the issue shall be decided by
arbitration by an arbitrator to which the parties agree. If the parties cannot agree on an arbitrator, the
arbitrator shall be selected by the American Arbitration Association. Such arbitration shall be final and
binding.
ARTICLEX.
WINDING UP AND TERMINATION
10.01. Winding Up.
(a} Subject to Section 10.01(b), the Company shall be wound up and its affairs shall be wound
up on the first to occur of the following events (each a "Winding Up Event"):
(i) the expiration of the period fixed for the duration of the Company in the Certificate;
(ii} the unanimous consent of the Members;
(iii) the death, disability, dissolution, or Bankruptcy of any Manager that is a Member,
or the occurrence of any other event that terminates the continued membership in
the Company of any Manager that is a Member; or
(iv) entry of a decree of judicial termination of the Company under the TBOC.
(b} If an event described in subparagraphs (i}, (iii), or (iv) of Section 10.0l(a) shall occur and
there shall be at least two other Members remaining, or if an event described Article X shall occur and there
shall be one remaining Member, the Company shall not be wound up and the business of the Company shall
be continued, if remaining Member(s) holding among them both (i) a majority of the profits interests in the
Company (as defined in Rev. Proc. 94-46} held of the remaining Member(s), and (ii) a majority of the capital
interest in the Company (as defined in such Rev. Proc. 94-46} held by the remaining Member(s), so agree
within ninety days of the occurrence of such Winding Up Event. If such election ("Continuation Election") is
made following the occurrence of an event described in Section 10.0l(a), the Managers shall promptly
amend the Certificate in the manner described in the TBOC.
(c) As used herein, the term "Bankrupt" shall mean, with respect to any Person, that (i} such
Person (A) makes a general assignment for the benefit of creditors; (B) files a voluntary bankruptcy petition;
(C) becomes the subject of an order for relief or is declared insolvent in any federal or state bankruptcy or
insolvency proceedings; (D) files a petition or answer seeking for such Person a reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under any applicable law; (E) files an
answer or other pleading admitting or failing to contest the material allegations of a petition filed against
such Person in a proceeding of the type described in subclauses (A) through (D) of this clause (i}; or (F) seeks,
consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of such Person's or of all or
any substantial part of such Person's properties; or (ii) against such Person, a proceeding seeking
reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any
applicable law has been commenced and 120 days have expired without dismissal thereof or with respect to
which, without such Person's consent or acquiescence, a trustee, receiver, or liquidator of such Person or of
all or any substantial part of such Person's properties has been appointed and ninety days have expired
without the appointment's having been vacated or stayed.
10.02. liquidation and Termination.
(a) On the occurrence of an event described in Section 10.0l(a), unless an election is made to
continue the business of the Company pursuant to Section 10.0l(b), the Managers shall act as liquidator or
may appoint one or more Members as liquidator; provided, however, that (a) no member with respect to
whom an event described in subparagraph (iii) of Section 10.0l(a} has occurred shall serve as (or act with any
other Person as} a liquidator, either in its capacity as a Member or (if applicable) a Manager, and (b) if
application of the foregoing · clause (a} results in there being no liquidator, then the liquidator shall be
selected by a Majority Interest (calculated without reference to any Member referred to in such clause (a)).
The liquidator shall proceed diligently to wind up the affairs of the Company as provided in the TBOC. Until
final distribution, the liquidator shall continue to operate the Company properties with all of the power and
authority of the Managers. The costs of winding up shall be borne as a Company expense.
(b) Any assets of the Company remaining at the conclusion of the winding up process shall be
distributed among the Members in accordance with their Sharing Ratios. Alf distributions in kind to the
Members shall be made subject to the liabllity of each distributee for costs, expenses, and liabilities therefore
incurred or for which the Company has committed prior to the date of termination. Th e distribution of cash
and/or property to a Member in accordance with the provisions of this Section 10.02(b) constitutes a
complete return to the Member of its Capital Contributions and a complete distribution to the Member of its
Membership Interest and all the Company's property and constitutes a compromise to which all Members
have consented within the meaning of the TBOC.
(c} On completion of the final distribution, the Managers shall file Certificate of Termination
with the Secretary of State of Texas; cancel any other filings made pursuant to Section 1.05, and take such
other actions as may be necessary to terminate the existence of the Company. Upon the filing of the
certificate of termination with the Secretary of State of Texas, the existence of the Company shall cease,
except as may be otherwise provided by the TBOC or other applicable law.
10.03. No Restoration of Deficit Capital Accounts. No Member will be required to pay to the Company, to
any other Member, or to any third party any deficit balance which may exist from time to time in any capital
or similar account maintained for such Member for any purpose.
ARTICLE IX.
GENERAL PROVISIONS
11.01. Offset. Whenever the Company is to pay any sum to any Member, any amounts that Member owes
the Company may be deducted from that sum before payment.
11.02. Notices. All notices, requests, or consents under this Company Agreement shall (a) be in writing, (b) be
delivered to the recipient in person, by courier or mail or by facsimile, telegram, telex, cablegram, e-mail with
receipt confirmation, or similar transmission, (c) if to a Member, delivered to such Member at the applicable
address on Exhibit A or such other address as that Member may specify by notice to the other Members, (d)
if to the Managers or the Company, delivered to the Managers at the address shown in Exhibit A, and (e)
effective only upon actual receipt by such Person. Whenever any notice is required to be given applicable by
law, the Certificate, or this Company Agreement, a written waiver thereof, signed by the Person entitled to
notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such
notice.
11.03. Entire Agreement; Supersedure. This Company Agreement constitutes the entire agreement of the
Members relating to the Company and supersedes all prior contracts or agreements with respect to the
Company, whether oral or written.
11.04. Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by
any Person in the performance by that Person of its obligations with respect to the Company is not a consent
or waiver to or of any other breach or default in the performance by that Person of the same or any other
obligations of that Person with respect to the Company.
11.05. Amendment of Certificate of Formation and Company Agreement. The Certificate of Formation and
this Company Agreement may be amended or restated only with the approval of the Managers and all of the
Members; provided, however, that amendments of the type described in Section 2.07 may be adopted as
therein provided.
11.06. Binding Effect. Subject to the restrictions on Dispositions set forth In this Company Agreement, this
Company Agreement is binding on and shall inure to the benefit of the Members and their respective heirs,
legal representatives, successors, and assigns.
11.07. Governing Law; Severability. THIS COMPANY AGREEMENT IS GOVERNED BY AND SHALL BE
CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS (EXCLUDING ITS
CONFLICT-OF-LAWS RULES). If any provision of this Company Agreement or the application thereof to
any Person or circumstance is held invalid or unenforceable to any extent, the remainder of this Company
Agreement and the application of that provision to other Persons or circumstances are not affected thereby
and that provision shall be enforced to the greatest extent permitted by applicable law.
11.08. Construction. Unless the context requires otherwise:
(a} the gender (or lack of gender) of all words used in this Company Agreement includes the
masculine, feminine, and neuter;
(b) the word "including" means "including, without limitation;"
(c) references to Articles and Sections refer to Articles and Sections of this Company
Agreement; and
(d) references to Exhibits are to the Exhibits attached to this Company Agreement, each of
which is made a part hereof for all purposes.
11.09. Further Assurances. In connection with this Company Agreement and the transactions contemplated
hereby, each Member shall execute and deliver any additional documents and instruments and perform any
additional acts that may be necessary or appropriate to effectuate and perform the provisions of this
Company Agreement and those transactions.
11.10. Counterparts. This Company Agreement may be executed in any number of counterparts, all of which
shall constitute the same instrument.
-·:·, ...
. ~;~-t.:-.
'""1.""";:.
,1~ . .Wri:~E:~S-~:.Wl::fEREo"F, ·following adoption of this Company Agreement by the Managers, the
Members have executed this Company Agreement as of the date. first set forth above.
-~~ T"';·'·' -·---.::E-.
. . ..
. · : -. ·-:. ·,\
.· ': :-.~· . . _._ .
20
· .. ·,
-·. _. __ .,_ -·· -··· -.. . ·--~----···'"""-·-··---------~.._~------·--. ···-..... -·---··-
JOHN W. SPIARS
4100 RYAN LANE
RICHARDSON, TEXAS 75082
(972} 672-8884
Initial Capital Contribution:
Membership Units:
Sharing Ratio:
TIMOTHY C. SPIARS
3101 ROBERT DRIVE
RICHARDSON, TEXAS 75082
(214) 527-2133
Initial Capital Contribution:
Membership Units:
Sharing Ratio:
MARK W. ROENIGK
2613 WOLF LAIR
NEW BRAUNSFELS, TEXAS 78132
{775) 527-2133
Initial Capital Contribution:
Membership Units:
Sharing Ratio:
JEFFREY LEATHERWOOD
404 H UNIVERSITY DR. EAST
COLLEGE STATION, TEXAS 77840
{979) 255-2788
Initial Capital Contribution:
EXHIBIT A
INITIAL MEMBERS
250
25%
250
25%
s /c?;Z ~.J 7. ~;o
250
25%
Membership Units:
Sharing Ratio:
250
25%
·e)(HfBIT B
. ;
. .. -.~§.epµ_sE'S AGREEMENT
:·::·{lL
· "· -.. mte_\~·ltd.~fsigned,· being the spo.use~off°tlMOtt:lv~_c.:sPIARs, agrees to be bou1,1~ .. by
the provisions of th1~~c~~_paifvf.~reement; to the ext~1}t'.~t?Jiii~.B!f;t:({t~~"unaerstgned (1nc1udlng:$.~ctiol'i_ .2.12). . _ .... ~~}Ft· . -.. ~,--· · .-. -. . ...
·. : -... ~~-.
. :··. . ... .
·: ... :._-. The unde_r_S.i~W.~-!18:.-the spouse of. MARJC~WAIIOENIG~t-:agree$ to be bound .by .. th~ ·p·~ovlslons of this Compa.ni~Jr!~~~~!~ :the extent appli~a_bL }i_~µA.~~s-~~ed .(Including Section. 2.i2-)_..
' . . . . ···~·;·:~;'.'::'7-',.: . ... .:·~~;1· :.:,~ . ·-..
. .. -..... --. .-.. · ~~~~·.;;~~'.·
_ . .-The.undersign~, be16titt~g~ui~:of,JEFFREV LEATHERW.oq:o;Ji~te:-esttc>;be:bound
by the provlsionsi of:itJ,tl~~,coillp~ny Agreement';~;:f.«fr@j~1<teJ11: applicable to the. ·u~~~~~~(l}1ctuding
:·-=·.-
Section 2.12). " --~<T~·_:"'.''-( .. · · · --_. · ...
22
·-~--------------------··----·------
MINUTES OF THE ORGANIZATIONAL
MEETING OF MEMBERS OF
FLYING ACE DEVELOPMENT, LLC
The organizational meeting of members of the above captioned Limited Liability Company was held
at the offices of the Company on the date of AUGUST c2 I , 2013.
There were present the following members:
JOHN W. SPIARS
TIMOTHY C. SPIARS
MARK W. ROENIGK
JEFFREY LEATHERWOOD
4100 RYAN LANE
RICHARDSON, TEXAS 75082
3101 ROBERT DRIVE
RICHARDSON, TEXAS 75082
2613 WOLF LAIR
NEW BRAUNSFELS, TEXAS 78132
404 H UNIVERSITY DRIVE EAST
COLLEGE STATION, TEXAS 77840
The meeting was called to order by Chairman JEFFREY LEATHERWOOD. It was moved, and
unanimously carried that JEFFREY LEATHERWOOD act as Chairman and MARK W. ROENIGK act as
Secretary.
The chairman then stated t hat all of the outstanding membership interest of the Limited Liability
Company was represented.
The Chairman noted that it was in order to consider electing the Manager for the ensuing year and
approving the Regulations. Upon nominations duly made, and unanimously carried, the following person
was elected as the Manager of the Limited Liability Company, to serve for a period of one year and until
such time as his successors are elected and qualify:
JEFFREY LEATHERWOOD
24
. The Se~retary then presented a proposed form of regulations for the regulation and management
of the ~ffalrs of the limited Liability Company prepared by J. Fred Bayliss, P.C., counsel to FLYING ACE. . . .
DEVELOPMENT, LLC. The proposed regulations were read at the meeting, considered and upon motion
· duly made, seconded and unanimously adopted, It was:
. .
. RESOLVED, that the form of Regulations submitted and reviewed at this meeting are adopted as
the Regulations of this limited Llabfllty Company.
By the signi~ of these minutes the members her,!by consent, confirm, adopt, ratify and approve of
the holding of the above meeting, the actions· taken in such meeting and waive receipt of notice of such
meeting by their signatories .
. . There being ho further business to come before the meeting, upon motion duly made, seconded
and unanimously carried It was adjourned.
DATED: AUGUST r// , 2013
TL '
MARK W. ROENIGK, Member/Secre
24
.... ··-· -···-·· ··-········----· ... --········--------·--------.... ······-····· ···------···-·---·-
ORGANIZATIONAL CONSENT OF MANAGERS
OF
FLYING ACE DEVELOPMENT, LLC
Effective Da te: AUGUST-~---• 2013
The undersigned, constituting the managers of FLYING ACE DEVELOPMENT, LLC, a Texas limited liability
company (the "Company"), do hereby consent and agree to the adoption of the following resolutions in lieu
of an organizational meeting:
WAIVER OF NOTICE
RESOLVED THAT, the Managers hereby waive notice of the time, place, and purpose of the
organizational meeting of Managers and consent to act pursuant to a Unanimous Written Consent. The
signature of this consent by each Manager shall be such Manager's acceptance of and agreement to the
actions taken hereby.
ACCEPTANCE OF CERTIFICATE OF FORMATION
RESOLVED THAT, the Certificate of Formation which has been reviewed by the Managers and filed
with the Secretary of State of the State of Texas be accepted as the Certificate of Formation of the Company
and that the Company's Secretary file it in the Company Record Book, together with the Certificate of Filing
issued by the Secretary of State on AUGUST .£!.L, 2013.
ADOPTION OF COMPANY AGREEMENT
RESOLVED THAT, the Company Agreement which has been prepared for the regulation and
management of the affairs of the Company and reviewed by the Managers is hereby adopted, approved, and
made effective from AUGUST -!? I , 2013, as the Company Agreement of the Company. The Secretary shall
file an executed copy of the Company Agreement in the Company Record Book.
COMPANY RECORD BOOK
RESOLVED THAT, the Record Book reviewed by the Managers is hereby approved and adopted as the
Record Book of the Company. The Secretary, or her duly appointed representative, shall be responsible for
the custody of the Book and for its proper maintenance and shall file in it all minutes or written resolutions of
the Company's Managers and Members, Membership Certificates, membership transfer ledgers, and other
Company documents.
BANK ACCOUNTS
26
RESOLVED THAT, the Company open a corporate bank account at such bank, savings and loan
association, or other financial institution as the undersigned Managers of the Company, in their sole
discretion, shall deem appropriate;
FURTHER RESOLVED, that Managers be, and the same hereby are, authorized, empowered and
directed to execute any form of resolution required by such bank, savings and loan association, or other
financial institution for the opening or maintenance of such account and to designate the person(s)
authorized to write checks on such account on behalf of the Company and such resolutions are deemed
adopted hereby as if set forth in full herein and incorporated by reference.
FORM OF MEMBERSHIP CERTIFICATES
RESOLVED THAT, the form of certificate presented to the undersigned Managers representing a
membership interest in the Company be, and the same hereby is, ln all respects, approved and adopted as
the form of Certificate to represent a membership Interest in the Company; and that the undersigned
Managers of the Company be, and the same hereby is, instructed to Insert a specimen copy thereof in the
minute book.
ISSUANCE OF MEMBERSHIP CERTIFICATES
RESOLVED THAT, in consideration for the initial capital contributions of the Members, as respectively
set forth in Exhibit A of the Company Agreement, the Company issue a certificate to each such Member
evidencing its respective membership interest in the Company;
FURTHER RESOLVED, that the undersigned Managers of the Company be, and the same hereby are
directed to execute and cause to be executed, and deliver and cause to be delivered to the Members listed
on Exhibit A of the Company Agreement, certificates of the Company representing the respective
membership interest of such person in the Company;
FURTHER RESOLVED, that the certificates issued pursuant to these resolutions be, and the same are
hereby offered and sold to Members in reliance upon exemptions from registration under the Securities Act
of 1933 and the TEXAS SECURITIES Acr, and, in connection therewith, certain restrictions and limitations on the
offer, sale and transfer by the holder thereof shall be imposed and enforced by the managers of the
Company as set forth in the Company Agreement;
FURTHER RESOLVED, that the undersigned Managers be, and the same hereby are authorized and
directed for and on behalf of the Company to place restrictive legends on the membership certificates issued
hereunder, and to place stop transfer instructions in the transfer records of the Company.
FISCAL YEAR
RESOLVED THAT, the fiscal year of the Company shall commence on January 1 of each calendar year
and end on the succeeding December 31, except that the first fiscal year of the Company shall begin as of the
JULY 25, 2013.
TAX MATTERS PARTNER
RESOLVED THAT, the following Manager be and is hereby designated as the "Tax Matters Partner",
as defined in the Company Agreement, and such Manager agrees to take such actions as required therein:
JEFFREY LEATHERWOOD
27
ORGANIZATIONAL EXPENSES
RESOLVED THAT, the Company pay the expenses of organizing the Company including but not
limited to legal fees, filing fees, costs of the record book, and membership certificates.
COMMENCEMENT OF OPERATIONS
RESOLVED THAT, the undersigned managers assume the management of the affairs of the Company
and negotiate, execute, accept, deliver and record any and all documents or instruments appropriate or
necessary to effect the purposes of the resolutions contained in this consent and to commence the
operations of the Company.
We direct that this consent be filed with the minutes of the proceedings of the Managers of the
Company and that it shall have the same effect as if a meeting had been held.
This consent is executed pursuant to Section 6.201 of the Texas BUSINESS ORGANIZATIONS CODE which
authorizes the Managers to act by unanimous written consent without a meeting.
MANAGER:
~~ JEFEYLiTHERwooD -
29
CITY OF COLLEGE STATl:N~----------------... Home o/Texas A&M University•
·------·-------···" MEMORANDUM
May 8, 2014
TO: David Petrakovitz, via: dave.petrakovitz@gmail.com
FROM: Jenifer Paz, Staff Planer
SUBJECT: AT&T LAKE PLACID (CUP)
Staff reviewed the above-mentioned site plan as requested. The following page is a list of staff
review comments detailing items that need to be addressed. If all comments have been
addressed and the following information submitted your project will be placed on the next
available Planning and Zoning Commission (P&Z) meeting.
__ One ( 1) copy of the revised site plan
Please note that this application will expire in 90 calendar days from the date of this memo, if
the applicant has not provided written response comments and revised documents to the
Administrator that seek to address the staff review comments contained herein. If all comments
have not been addressed on your revised site plan, your project will be pulled from the
scheduled P&Z agenda. Your project may be placed on a future agenda once all the revisions
have been made and the appropriate re-advertising fees paid.
Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be
accessed at the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
If you have any questions or need additional information, please call me at 979.764.3570.
Attachments: Staff review comments
PC: Flying Ace Development, via: US Mail
Level 5, via: US Mail
P&DS Project No. 14-00900030
Planning & Dei1eloprnent Services
P.O. BOX 9960 • llOl TEXAS AVENUE · COLLEGE STATTON · TEXAS · 77842
TEL. 979.764.:~570 ·FAX. 979.764.3496
cst><.gov/devservices
STAFF REVIEW COMMENTS NO. 1
Project: AT&T LAKE PLACID (CUP) -(14-00900030)
PLANNING
1) REPEAT -Provide Proof of Signing Authority to confirm that you have been authorized by
the property owner to ask for the CUP. Page 5 of the application was signed by an agent of
~/Flying Ace Development, LLC . Is this agent the Manager of the LLC?
J J REPEAT -Provide the linear separation distance from other transmission towers, residential
zoned properties, residential structures and applicable thoroughfares in writing or on the site
p)an . If shown on the site plan please label the linear separation .
.,a) The proposed transmission towers must be at least 3,500' from existing towers; and
j;)( Must be at least a distance equal to the height of the tower from any residential
structure.
3) It is recommended to submit electronic copies before submitting revised plans.
4) NOTE: Any changes made to the plans that have not been requested by the City of College
Station must be explained in your next transmittal letter. Any additional changes on these
plans that have not been pointed out to the City will constitute a completely new review.
Reviewed by: Jenifer Paz Date: May 5, 2014
L~DSCAPING/BUFFER y At least half of the total required landscape points must be allocated to canopy trees
(minimum 1.5" caliper size) from the approved plant list. Crape myrtles are non-canopy
trees. Please revise .
Reviewed by : Jenifer Paz Date: May 5, 2014
Page 2 of 2
MEMORANDUM
February 25, 2014
TO: David Petrakovitz, via: dave.petrakovitz@gmail.co/
FROM: Teresa Rogers, Staff Planner
SUBJECT: AT&T LAKE PLACID (CUP)
Staff reviewed the above-mentioned site plan as requested. The following page is a list
of staff review comments detailing items that need to be addressed. Once all comments
have been addressed and the following information submitted , your project will be
placed on the next available Planning & Zoning Commission (P&Z) meeting scheduled
in the City Hall Council Chambers, 1101 Texas Avenue:
__ One (1) copy of the revised site plan .
Please note that this application will expire 90 calendar days from the date of this
memo, if the applicant has not provided written response comments and revised
documents to the Administrator that seek to address the staff review comments
contained herein . If all comments have not been addressed on your revised site plan,
your project will be pulled from the scheduled P&Z agenda. Your project may be placed
on a future agenda once all the revisions have been made and the appropriate re-
advertising fee paid .
Once your item has been scheduled for the P&Z meeting, the agenda and staff report
can be accessed at the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
If you have any questions or need additional information, please call me at
979.764.3570.
Attachments: Staff Review Comments
PC: Flying Ace Development, via : USPS, 1241 Flying Ace Circle, College/
Station, Texas 77845
P&DS Project No. 14-00900030
Page 1 of 4
STAFF REVIEW COMMENTS NO. 1
Project: AT&T LAKE PLACID (CUP)-(14-00900030)
PLANNING
1. Provide Proof of Signing Authority to confirm that you have been authorized by the
property owner to ask for the CUP.
2. Provide the volume and page number for the 20-foot access easement. If this
easement has not been filed please label it as a "Proposed Private Access and
Utility Easement."
3. The landscaping requirements may not be waived through the application
submission and a Landscape Plan should be provided with the next submission.
This application must meet site planning and landscaping requirements in order to
be referred to the Planning & Zoning Commission/City Council. Please refer to
Unified Development Ordinance (UDO) Section 12-7.6, Landscaping and Tree
Protection, for specific information on the requirements.
4. Plant materials and fencing that effectively screen the WTF site from view of the
public right-of-way and adjacent properties is required . Screening may be
accomplished through a masonry wall or wood fence. In addition , screening is
required in order for the facility to be exempt from Non-Residential Architectural
Requirements. Provide a detail of the proposed screening wall or fence.
5. Chain link fencing is not an appropriate screening material. If it is necessary for
security reasons , it may be located inside a masonry wall or wood fence.
6. Provide a general note that all roof and ground-mounted mechanical equipment shall
be screened from view or isolated so as not to be visible from any public right-of-way
or residential district within 150' of the subject lot, measured from a point five feet
above grade. Such screening shall be coordinated with the building architecture and
scale to maintain a unified appearance.
7. Unfinished galvanized steel is not acceptable for transmission towers. Verify that
this material will not be used for the tower.
8. On sheet AO .O provide drawing locations of existing buildings including the duplex
residential units and barns .
9. On sheet AO .O label the ownership and current zoning for this property and all
abutting properties.
10. On sheet AO.O depict and label a project phase line to show the limits of the project
and construction disturbance. This phase line will be used to determine landscaping
site calculation requirements.
11. Provide the linear separation distance from other transmission towers, residentially-
zoned properties, residential structures, and applicable thoroughfares in writing or on
the site plan.
12. Revise the inventory of the applicant's existing and future towers that are either
within the City, the City's ET J, or within at least 1 mile of the City's boundary where
the ET J does not extend that far. The inventory shall include specific information
about the location, design, and height of each tower. The owner must have on file
with Planning and Development Services a master list of all existing tower structures
owned or controlled by the owner. Such list must specify the name, address and
telephone number of the owner of record, the tower locations by address and
Page 2 of 4
legal description , tower height, the number of antenna arrays on the tower, and
the names, addresses, and telephone numbers of all other users of the tower
structures. (Balded items are still needed for the inventory.)
13. Please state in writing why other design alternatives cannot be utilized to accomplish
the provision of the applicant's telecommunications services.
14. Please note that any changes made to the plans , that have not been requested by
the City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that the City has not
been made aware of will constitute a completely new review.
Reviewed by: Teresa Rogers, Staff Planner Date: February 25 , 2014
LANDSCAPING I STREETSCAPING I BUFFER
1. Provide a general note that 100% coverage of ground cover, decorative paving,
decorative rock , or a perennial grass is required in parking lot islands, swales and
drainage areas, the parking lot setback, rights-of-way, and adjacent property
disturbed during construction.
2. Irrigation system must be protected by a Pressure Vacuum Breaker, a Reduced
Pressure Principle Back Flow Device, or a Double-Check Back Flow Device. All
Back Flow devices must be installed and tested upon installation as per City
Ordinance No. 2394.
Reviewed by: Teresa Rogers, Staff Planner Date: February 25 , 2014
ENGINEERING COMMENTS NO. 1
1. Sh .AO .a -Please label the proposed 20-ft Access & Utility Easement is "Private."
FYI ... This should be privately owned and maintained for private access and private
utilities only.
2. Sh .AO.a -Add the volume and page number of the private access and utility
easement.
Reviewed by: Erika Bridges Date: February 20, 2014
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide
electric service to this project location.
Reviewed by: Eric Horton Date: February 20, 2014
SANITATION
1. Sanitation is ok with this project.
Page 3 of 4
Reviewed by: Wally Urrutia Date: February 19, 2014
Page 4 of 4
C ITY OF C OLLEGE STATION
Home of Texas A&M University•
MEMORANDUM
February 12, 2014 /
TO: David Petrakovitz, via: dave.petrakovitz@gmail.com
FROM: Teresa Rogers, Staff Planner
SUBJECT: AT&T LAKE PLACID (CUP)
Thank you for the submittal of your CONDITIONAL USE PERMIT -USE & SITE application.
Erika Bridges, Graduate Civil Engineer, and I have been assigned to review this project. It is
anticipated that the review will be completed and any staff comments returned to you on or
before Tuesday, February 25, 2014. If you have questions in the meantime, please feel free to
contact us
PC: Flying Ace Development, via : USPS, 1241 Flying Ace Circle, College Station,
Texas 77845
Level 5, via : USPS, 19315 FM 2252, STE 301 , Garden Ridge , Texas 78266
P&DS Project No . 14-00900030
Planning & Development Services
P.O. BOX 9'}60 • l 101 TLX1\S i\VE>Jl.IF. • COl.l.FCE \TATION • TEXA'i • 778·L'.
Relationship to Strategic Initiatives: Diverse Growing Economy
Staff Recommendation: Staff recommends approval of the request.
Summary: The purpose of the conditional use permit application is to facilitate the construction
of a 100-foot major telecommunication tower. The tower is proposed to locate on the 26.25 acre
Flying Ace development tract, located northeast of the intersection of Bird Pond Road and Rock
Prairie Road. The transmission tower is proposed to occupying 4,225 square feet on the
northeast corner of the tract. This site was initially developed prior to annexation in November
2002. This site is zoned R Rural and is not platted. No development activity has occurred
recently on the property.
REVIEW CRITERIA
Section 12-3.16 of the Unified Development Ordinance authorizes City Council the
discretionary approval of uses with unique or widely-varying operating characteristics or
unusual site development features, subject to the terms and conditions set forth in the UDO.
The City Council may approve an application for a conditional use where it reasonably
determines that there will be no significant negative impact upon residents of surrounding
property or upon the general public. The City Council shall consider the following criteria in
its review:
1. Purpose and Intent of UDO. The proposed use shall meet the purpose and intent of
this UDO and the use shall meet all the minimum standards established in this UDO for this
type of use.
The proposed WTF tower meets all the minimum standards established in the UDO. This
section of Rock Prairie Road is a two-lane Major Collector. As the proposed Wireless
Telecommunication Facility (WTF) tower is considered a Major WTF, it is to be setback the
height of the tower by a factor of three from all thoroughfares; in this case the required
setback is 300 feet. The proposed transmission tower is setback over 1,000 feet from both
Bird Pond Road and Rock Prairie Road. Additionally, transmission towers over 75 feet in
height must be separated from any existing tower by at least 3, 500 feet. The nearest tower
is 2. 32 miles from the proposed tower. It will also be placed equal distance to the height of
the tower away from surrounding residential structures. Landscaping and a wood fence are
proposed to screen the mechanical equipment at the base of the tower.
2. Consistency with Comprehensive Plan. The proposed use shall be consistent with
the development policies and goals and objectives as embodied in the Comprehensive Plan
for development of the City.
The Comprehensive Plan Future Land Use and Character Map designates this area as
Estate, which is intended for low density single-family on minimum one acre lots. Currently,
the property is zoned R Rural, which allows the development of a WTF with the approval of
a Conditional Use Permit. The transmission tower is proposed to locate at the northeast
corner of the tract in an area with minimal development.
3. Compatibility with Surrounding Area. The proposed use shall not be detrimental to
the health, welfare, or safety of the surrounding neighborhood or its occupants, nor be
substantially or permanently injurious to neighboring property.
The proposed telecommunication facility is at least equal the height of the tower (100 feet)
from all existing residential structures. The facility is expected to improve the service
coverage for AT&T users in the surrounding area.
4. Harmonious with Character of Surrounding Area. The proposed site plan and
circulation plan shall be harmonious with the character of the surrounding area.
The proposed lease area for the telecommunication facility is 65 feet by 65 feet located in
the northeast portion of the tract and is primarily used for agricultural purposes. Bird Pond
Estates, an acreage rural residential subdivision, is located by the proposed location.
5. Infrastructure Impacts Minimized. The proposed use shall not negatively impact
existing uses in the area or in the City through impacts on public infrastructure such as
roads, parking facilities , electrical, or water and sewer systems, or on public services such
as pol ice and fire protection, solid waste collection, or the ability of existing infrastructure
and services to adequately provide services.
The subject area is outside of the College Station utilities; water, sanitary sewer and electric
service areas. The owner has granted AT&T a private access easement from Rock Prairie
Road to access the telecommunication facility.
6. Effect on Environment. The proposed use shall not negatively impact existing uses in
the area or in the City.
If the proposed telecommunication facility is approved, no other facility will be permitted in
close proximity. The proposed facility will allow for collocation abilities. The surrounding
areas are of low density development. The proposed tower is meeting all standards for
Major WTFs as required by the UDO based on current conditions.
Commission Action Options: The Commission is tasked with reviewing the conditional use
application based on the criteria listed above and recommend to the City Council such action as
the Planning and Zoning Commission deems proper. The final consideration for the Conditional
Use Permit request will be by City Council at their June 26, 2014 regular meeting.
INFRASTRUCTURE AND FACILITIES
Water: The subject area is outside of the College Station Water CCN .
Sewer: The subject area is outside of the College Station Wastewater CCN.
Streets: Rock Prairie Road is a Two-Lane Major Collector on the Thoroughfare Plan
Off-site Easements: None for this improvement.
Drainage: None for this improvement.
Flood Plain: This site is not within a floodplain.
Oversize request: None.
Impact Fees: None.
Notification:
Legal Notice Publication(s): The Eagle; May 19, 2014
Advertised Commission Hearing Date: June 5, 2014
Advertised Council Hearing Date: June 26, 2014
Number of Notices Mailed to Property Owners Within 200': 5
Response Received: One inquiry at the time of this report.
Supporting Materials:
1. Small Area Map (SAM) and Aerial Map
1. Application
2. Copy of Site Plan
3. Visual Impact Analysis Images
Nfll.llC'ddress of Sender
CITY OF COLLEGE STATION
P.O. Box 9960
'on TXn84?
Article Number
14-30
THIRUMALA ENTERPRISES LLC
3510 GRAZ DR
COLLEGE STATION, TX 77845-3928
14-30
CONRAD DALE W & REBA
7204 WELLINGTON POINT RD
MC KINNEY, TX 75070-5707
14-30
ATKINS JOHN PATION
3906 ROCK PRAIRIE RD
COLLEGE STATION, TX 77845-5953
14-30
YANCY JAMES R & KRISTI C
804 HOLSTON HILLS DR
COLLEGE STATION, TX 77845-4458
14-30
RICKS GREGORY ALAN & AGNES ANN
4702 JOHNSON CREEK LOOP
COLLEGE STATION, TX 77845-3889
Check type of mail or service:
0 Certified
0 COD
O Delivery Confirmation
O Express Mail
0 Insured
0 Recorded Delivery (International)
0 Registered
0 Return Receipt for Merchandise
0 Signature Confirmation
Adcressee (Name, Street, City, State, & ZIP Code) Postage
Affix Stamp Here
(If issued as a
certificate of mailing,
or for additional
copies of this bill)
Postmark and
Date of Recei t
Fee Handling
Charge
neopostl"
05/19/2014
US POSTAGE $02.352
ZIP 77840
041L11239588
Q
Total Number of Pieces Postmaster, P
Received5'ost Office See Privacy Act Statement on Reverse
PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen
R
•e
PS Form 3877, February 2002 (Page 2 of 2)
l11e full declaration of value is required on all dorrestic and international registered mail. l11e maxirnrn indermity payable for the
reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to
add~ional limitations for multiple pieces lost or darraged in a single catastrophic occurrence. l11e maximum indermity payable
on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to
$5,CXXJ to sorre, but not all countries. l11e maximum indermity payable is $25,CXXl for registered mail sent with optional postal
insurance. See Domestic Mail Manual R900, S913, and S921 for lirritations of coverage on insured and COD mail. See
International Mail Manual for limtations of coverage on international mail. Special handling charges appiy only to Standard Mail
and Parcel Services parcels.
NIS-llC'ddress of Sender
CITY OF COLLEGE STATIO
P.O. Box 9960
College Station, TX 77842
Article Number
14-30
COLLEGE STATION LAND INVESTMENT LP
1514 GLENOAK DR
CORPUS CHRISTI, TX 78418-8914
14-30
ROCK PRAIRIE BAPTIST CHURCH
5000 ROCK PRAIRIE RD
COLLEGE STATION, TX 77845-6086
14-30
FLYING ACE DEVELOPMENT LLC
404 UNIVERSITY DRE STE H
COLLEGE STATION, TX 77840-1743
14-30
DAVID PETRAKOVITZ
3603 SUNLIGHT HILL
SPRING, TX 77386
14-30
FLYING ACE DEVELOPMENT
1241 FLYING ACE CIRCLE
COLLEGE STATION, TX 77845
Total Number of P~
Listed by Sender ..,-...]
Total Number of Pieces
Received ~st Office
PS Form 3877, February 2002 (Page 1 of 2)
Check type of mail or service:
D Certified
0 COD
D Delivery Confirmation
0 Express Mail
~ Insured
D Recorded Delivery (International)
D Registered
0 Return Receipt for Merchandise
D Signature Confirmation
Ada-essee (Name, Street, Oty, State, & ZJP Code) Postage
Affix Stamp Here
(If issued as a
certificate of mailing,
or for additional
copies of this bill)
Postmark and
Date of Recei t
Fee Hand Ii
Char!
-+ +-
~ /yV '0 I ~
MAY 19 "14
me of receiving employee)
neopos1:l'
05/19/2014
US POSTAGE $02.352
ZIP 77840
041L11239588
++
Us pS See Privacy Act Statement on Reverse
Complete by Typewriter, Ink, or Ball Point Pen
RR
Fee
PS Form 3877, February 2002 (Page 2 of 2)
The full declaration of value is required on all dorrestic and international registered mail. The maximum indemnity payable for the
reconstruction of oonnegotiable documents under Express Mail docurrent reconstruction insurance is $500 per piece subject to
add~ional limitations for multiple pieces lost or darraged in a single catastrophic occurrence. The maximum indemnity payable
on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to
$5,000 to some. but not all countries. The maximum indermity payable is $25,000 for registered mail sent with optional postal
insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See
International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to Standard Mail
and Parcel Services parcels.
NOTICE OF PUBLIC HEARING: ---
1
The College Station Planning and Zoning Commission
will hold a public hearing to consider a CONDITIONAL
IUSE PERMIT for a wireless telecommunication facility
located at 1241 Flying Ace Circle.
The hearing will be held in the Council Chambers of the
College Station City Hall, 1101 Texas Avenue at the
7:00 p.m. meeting of the Commission on Thursday,
June 5, 2014. For additional information, please
contact Jenifer Paz, Project Manager at 979.764.3570.
l
lAny request for sign interpretive services for the
hearing impaired must be made 48 hours before the
meeting. To make arrangements call 979.764.3541 or
(TDD) 1.800.735.2989.
5-19-14
NOTICE OF PUBLIC ING:
The College Station Planning and Zoning Commission
will hold a public hearing to consider a CONDITIONAL
USE PERMIT for a wireless telecommunication facility
located at 1241 Flying Ace Circle.
The hearing will be held in the Council Chambers of the
College Station City Hall, 1101 Texas Avenue at the
7:00 p.m. meeting of the Commiasion on Thursday,
June 5, 2014. For additional information, please
contact Jenifer Paz, Project Manager at 979.764.3570.
Any request for sign interpretive services for the
hearing impaired must be made 48 hours before the
meeting. To make arrangements call 979.764.3541 or
(TDD) 1.800.735.2989.
5-19-14
LEGAL NOTICE
DATE TO BE PUBLISHED: MONDAY.May 19, 2014 ONLY
BILL TO: Brittany Caldwell
City of College Station
P.O. Box 9960
College Station, TX 77842
NOTICE OF PUBLIC HEARING:
The College Station Planning and Zoning Commission will hold a public hearing
to consider a CONDITIONAL USE PERMIT for a wireless telecommunication
facility located at 1241 Flying Ace Circle.
The hearing will be held in the Council Chambers of the College Station City Hall,
1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday,
June 5, 2014. For additional information, please contact Jenifer Paz, Project
Manager at 979.764.3570.
Any request for sign interpretive services for the hearing impaired must be made
48 hours before the meeting. To make arrangements call 979 .764.3541 or (TDD)
1.800 .735.2989.
l
_,/ /
C ITY OF C OLLEGE STATION
Home of Texas A&M University"
May 19, 2014
TO WHOM IT MAY CONCERN:
Re: Consideration of a Conditional Use Permit for a wireless
telecommunication facility located at 1241 Flying Ace Circle.
NOTICE OF PUBLIC HEARING
This is to notify you that the City of College Station is considering a
CONDITIONAL USE PERMIT request for the following property:
ARRlicant: David Petrakoritz
Project Number: 14-00900030
Subject ProRerty: 1241 Flying Ace Circle
(See attached location map.)
ProROSed Use: Wireless Telecommunication Facility
The Planning and Zoning Commission will hold a public hearing on Thursday,
June 5, 2014, at 7:00 p.m. to consider the request. The City Council will
also hold a public hearing to consider the request and the Commission's
recommendation on Thursday, June 26, 2014, at 7:00 p.m. The public
hearing will be held in the City Hall Council Chambers located at 1101 Texas
Avenue, College Station, Texas.
Al l owners of the subject property and property owners within 200 feet of the
subject property have received notification of this request.
Any request for sign interpretive services for the hearing impaired must be
made 48 hours before the meeting. To make arrangements call
979. 764.3541 or (TDD) 1.800. 735.2989.
Fo r additional information regarding this public hearing, please contact the
Project Manager with Planning & Development Services at 979. 764.3570.
Jenifer Paz
PROJECT MANAGER
Planning & Development Services
P.O. BOX 9960 • 1101 TEXAS AVENUE· COLLECE STATION · TEXAS · 77842
T EL. 979.764.3570 ·FAX. 979.764.:WJCi
cstx.gov/devservices
May 19, 2014
TO WHOM IT MAY CONCERN:
CITY OF COLLEGE STATION
Home of Texas A&M University•
Re: Consideration of a Conditional Use Permit for a wireless telecommunication
facility located at 1241 Flying Ace Circle.
NOTICE OF PUBLIC HEARING
This is to notify you that the City of College Station is considering a CONDITIONAL
USE PERMIT request for the following property:
Applicant: David Petrakoritz
Project Number: 14-00900030
Subject Property: 1241 Flying Ace Circle
(See attached location map.)
Proposed Use: Wireless Telecommunication Facility
The Planning and Zoning Commission will hold a public hearing on Thursday, June
5, 2014, at 7:00 p.m. to consider the request. The City Council will also hold a
public hearing to consider the request and the Commission's recommendation on
Thursday, June 26, 2014, at 7:00 p.m. The public hearing will be held in the
City Hall Council Chambers located at 1101 Texas Avenue, College Station, Texas.
All owners of the subject property and property owners within 200 feet of the
subject property have received notification of this request.
Any request for sign interpretive services for the hearing impaired must be made
48 hours before the meeting. To make arrangements call 979.764.3541 or (TDD)
1.800. 735.2989.
For additional information regarding this public hearing, please contact the Project
Manager with Planning & Development Services at 979. 764.3570.
Jenifer Paz
PROJECT MANAGER
Planning & Development Services
P.O. ROX 9960 • 11 OJ TEXAS AVENUE • COU .EGE STATION • IT.XAS • 77842
TEl. 979.764.3570 ·FAX. 979.76·1.3·1%
cstH.gov/devservices
DOS LAGOS
/
I Id.I I
Zoning Districts
R-4
R Rural R-6
E Estate MHP
RS Restricted Sub urban 0
GS General Suburban SC
R · 1 B Single Family Residential GC
D Duplex Cl
T Townhouse BP
DEVELOPMENT REVIEW
Multi-F amliy BPI
High Density Multi-Family NAP
Manufactured Ho me Park C-3
Office M -1
Suburban Commercial M-2
Gener al Commercial C-U
C ommercia~ Industrial R&D
Business Park P-MUD
Business Park Industrial
Natural Are as Protected
Light Commercial
Light Industrial
Heavy Industrial
Co liege and University
Research and Development
/
/
Planned Mixed-Use Development
' ,1"
/
-
AT&T LAKE PLACID
1241 FLYING ACES Cl RCLE
Case:
14~030
I
/
.//
,.
/.-
/ - -
200FT Notification
PD D Pia nned Development District
WPC Wolf Pen Creek Dev. Corridor
NG-1 CoreNorthgate
NG -2 Transitiona IN orthgate
NG - 3 Residential N orthgate
OV Corridor Overlay
RD D Redevelopment District
KO Krenek Tap Overlay
CONDITIONAL
USE PERMIT
DEVELOPMENT REVIEW
AT&T LAKE PLACI D
1241 FLYING ACES CIRCLE
Case:
14-030
CONDITIONAL
USE PERMIT
DOS LAGOS
Zoning Districts
R-4
R Rural R-6
E Estate MHP
RS Restricted Suburban 0
GS Gener al Suburban SC
R · 1B Single Family Residential GC
D Duplex Cl
T Townhouse BP
DEVELOPMENT REVIEW
-
Multi· F amliy BPI Business Park Industrial
High Density Multi-F amity NAP Natural Areas Protected
Manufactured Ho me Park C-3 Light Commercial
Office M-1 Light Industrial
Suburban Commercial M-2 Heavy Industrial
Gen er al Commercial C-U Co liege and University
C ommercia~ Industrial R&D Research and Development
Business Park P-MUD Planned Mixed-Use Development
AT&T LAKE PLACID
1241 FLYING ACES Cl RCLE
Case:
14-030
--/
PD D Pia nned Development District
WPC Wolf Pen Creek Dev.Corridor
NG-1 CoreNorthgate
NG -2 TransitionalNorthgate
NG -3 Residential Northgate
OV Corridor Overlay
RD D Redevelopment District
KO Krenek Tap Overlay
CONDITIONAL
USE PERMIT
Jenifer Paz ...
From:
Sent:
Dave Petrakovitz <dave.petrakovitz@gmail.com>
Thursday, June 05, 2014 2:00 PM
To: Jenifer Paz
Cc: Michelle Sherwood-Smith
Subject: Re: AT&T CUP College Station
Jenifer,
As applicant and agent for AT&T, I am asking that you please allow this email notification to serve as our official request
that the CUP case number 14-00900030 be tabled and pulled from tonight's (June 5, 2014) agenda consideration by the
City of College Station's Planning & Zoning Commission.
AT&T understands, that while the location of this tower meets or exceeds City setback requirements per Section 6.3.P,
Wireless Telecommunication Facilities, that in the interest of being a good neighbor, and being made aware of concerns
by local neighbors, AT&T desires to seek a tabling of the agenda item 9 {Case 14-00900030) in order to provide AT&T on
opportunity to review the application and to meet as may be appropriate with interested parties to further discuss
concerns that our neighbors may have as pertains to the proposed tower.
Thank you for your consideration of this request.
Dave Petrakovitz
Crafton Communications
for AT&T Mobility
281-701-0604
On 6/5/2014 9:50 AM, Jenifer Paz wrote:
Dave,
In order to pull the item from tonight's P&Z agenda, all I need from you is an email requesting to pull the
item. Please let me know as soon as possible. We are getting ready to advertise for the June 261h Council
Meeting, so that may not be needed if this item is pulled from tonight's meeting.
Thanks,
Jenifer
City of College Stati on
Home of Texas A&M Uni versity ®
1
Jenifer Paz
Senior Planner
City of College Station
May 20, 2014
Jenifer,
Attached are the hard copies of the requested missing or revised exhibits for zoning Application
14-09000030 (1241 Flying Ace Circle). Each of these documents was sent to you via email in
electronic version earlier. The lone hard copy exhibit not included herein is proof of the land
owner's ability to sign the application. He is supposed to be sending us copies of his Articles of
Incorporation but I have not yet received them. These will be forwarded to you the day the are
received.
Dave Petrakovitz
Crafton Communications
for AT&T Mobility
281-701-0604
MEMORANDUM
February 25, 2014
TO:
FROM:
SUBJECT:
David Petrakovitz, via: dave.petrakovitz@gmail.com
Teresa Rogers, Staff Planner
AT&T LAKE PLACID (CUP)
Staff reviewed the above-mentioned site plan as requested. The following page is a list
of staff review comments detailing items that need to be addressed. Once all comments
have been addressed and the following information submitted, your project will be
placed on the next available Planning & Zoning Commission (P&Z) meeting scheduled
in the City Hall Council Chambers, 1101 Texas Avenue:
__ One ( 1) copy of the revised site plan.
Please note that this application will expire 90 calendar days from the date of this
memo, if the applicant has not provided written response comments and revised
documents to the Administrator that seek to address the staff review comments
contained herein. If all comments have not been addressed on your revised site plan,
your project will be pulled from the scheduled P&Z agenda. Your project may be placed
on a future agenda once all the revisions have been made and the appropriate re-
advertising fee paid.
Once your item has been scheduled for the P&Z meeting, the agenda and staff report
can be accessed at the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
If you have any questions or need additional information, please call me at
979.764.3570.
Attachments: Staff Review Comments
PC: Flying Ace Development, via: USPS, 1241 Flying Ace Circle, College
Station, Texas 77845
P&DS Project No. 14-00900030
Page 1of4
STAFF REVIEW COMMENTS NO. 1
Project: AT&T LAKE PLACID (CUP)-(14-00900030)
PLANNING
1. Provide Proof of Signing Authority to confirm that you have been authorized by the
property owner to ask for the CUP.
2. Provide the volume and page number for the 20-foot access easement. If this
easement has not been filed please label it as a "Proposed Private Access and
Utility Easement."
3. The landscaping requirements may not be waived through the application
submission and a Landscape Plan should be provided with the next submission.
This application must meet site planning and landscaping requirements in order to
be referred to the Planning & Zoning Commission/City Council. Please refer to
Unified Development Ordinance (UDO) Section 12-7.6, Landscaping and Tree
Protection, for specific information on the requirements.
4. Plant materials and fencing that effectively screen the WTF site from view of the
public right-of-way and adjacent properties is required. Screening may be
accomplished through a masonry wall or wood fence. In addition, screening is
required in order for the facility to be exempt from Non-Residential Architectural
Requirements. Provide a detail of the proposed screening wall or fence.
5. Chain link fencing is not an appropriate screening material. If it is necessary for
security reasons, it may be located inside a masonry wall or wood fence.
6. Provide a general note that all roof and ground-mounted mechanical equipment shall
be screened from view or isolated so as not to be visible from any public right-of-way
or residential district within 150' of the subject lot, measured from a point five feet
above grade. Such screening shall be coordinated with the building architecture and
scale to maintain a unified appearance.
7. Unfinished galvanized steel is not acceptable for transmission towers. Verify that
this material will not be used for the tower.
8. On sheet AO.O provide drawing locations of existing buildings including the duplex
residential units and barns.
9. On sheet AO.O label the ownership and current zoning for this property and all
abutting properties.
10. On sheet AO.O depict and label a project phase line to show the limits of the project
and construction disturbance. This phase line will be used to determine landscaping
site calculation requirements.
11. Provide the linear separation distance from other transmission towers, residentially-
zoned properties, residential structures, and applicable thoroughfares in writing or on
the site plan.
12. Revise the inventory of the applicant's existing and future towers that are either
within the City, the City's ET J, or within at least 1 mile of the City's boundary where
the ET J does not extend that far. The inventory shall include specific information
about the location, design, and height of each tower. The owner must have on file
with Planning and Development Services a master list of all existing tower structures
owned or controlled by the owner. Such list must specify the name, address and
telephone number of the owner of record, the tower locations by address and
Page 2 of 4
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legal description, tower height, the number of antenna arrays on the tower, and
the names, addresses, and telephone numbers of all other users of the tower
structures. (Balded items are still needed for the inventory.)
13. Please state in writing why other design alternatives cannot be utilized to accomplish
the provision of the applicant's telecommunications services.
14. Please note that any changes made to the plans, that have not been requested by
the City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that the City has not
been made aware of will constitute a completely new review.
Reviewed by: Teresa Rogers, Staff Planner Date: February 25, 2014
LANDSCAPING I STREETSCAPING I BUFFER
1. Provide a general note that 100% coverage of groundcover, decorative paving,
decorative rock, or a perennial grass is required in parking lot islands, swales and
drainage areas, the parking lot setback, rights-of-way, and adjacent property
disturbed during construction .
2. Irrigation system must be protected by a Pressure Vacuum Breaker, a Reduced
Pressure Principle Back Flow Device , or a Double-Check Back Flow Device. All
Back Flow devices must be installed and tested upon installation as per City
Ordinance No. 2394.
Reviewed by: Teresa Rogers , Staff Planner Date: February 25, 2014
ENGINEERING COMMENTS NO. 1
1. Sh.AO.a -Please label the proposed 20-ft Access & Utility Easement is "Private."
FYI. .. This should be privately owned and maintained for private access and private
utilities only.
2. Sh.AO.O -Add the volume and page number of the private access and utility
easement.
Reviewed by: Erika Bridges Date: February 20, 2014
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide
electric service to this project location.
Reviewed by: Eric Horton Date: February 20, 2014
SANITATION
1. Sanitation is ok with this project.
Page 3 of 4
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Reviewed by: Wally Urrutia Date: February 19, 2014
Page 4 of 4
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RE: CITY OF COLLEGE STATION
P&DS PROJECT NO. 14-00900030
AT&T MOBILITY HX2260-LAKE PLACID EAST
1241 FLYING ACE CIRCLE, COLLEGE STATION, TX 77845
REVIEW COMMENTS:
Planning:
CONSULTING £NGINElllS. INC
March 31, 2014
1. 20-foot access easement was labeled as "Proposed Private Access and Utility Easement."
2. Landscaping plans were added to the drawings.
3. Drawing was updated to show an 8' wooden fence.
4. General note was added to AO.O that all ground-mounted mechanical equipment shall be screened from
view or isolated so as not to be visible from any public right-of-way or residential district within 150' of the
subject lot, measured from a point five feet above grade. Such screening shall be coordinated with the
building architecture and scale to maintain a unified appearance.
5. On A2.0 there are notes about galvanized steel.
6. Sheet AO.O was updated to show existing buildings including the duplex residential units and barns.
7. The property ownership and current zoning was added to sheet A0.0.
8. The project phase line was added to sheet AO .O.
9. Sheet AO.O was updated to show the linear separation from the estate-residential property (North).
Engineering:
1. AO.O was updated to show "Proposed Private Access and Utility Easement."
Landscaping/Streetscaping/Buffer:
1. A note was added to the landscaping drawings that 100" coverage of groundcover, decorative paving,
decorative rock, or a perennial grass is required in parking lot islands, swales and drainage areas, the
parking lot setback, rights-of-way, and adjacent property disturbed during construction.
2.
Please contact us if you have any questions or require additional information.
Thank you,
Tony Huebel, PE
Level 5 Consulting Engineers, Inc.
832-693-9277
Level 5 Consulting Engineers, Inc. 1 19315 FM 2252, Suite 301, Garden Ridge, TX 78266 (210) 542-5911
...
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AT&T Owned Towers -College Station (current as of April, 2014)
Existing Towers Inside City Limits
Site Name: 517 Southland
Site ID: 70059
Site Address: 112 Holleman Drive, College Station, Texas 77840
Tower Height: 100' Monopole
3 arrays, Cricket & ATI
Owner: AT&TTowers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Cricket is also on this tower:
5887 Copley Dr, Bldg 5 FL
San Diego, CA 92111
Regency Square Subdivision, Lot lR & 2R Acres8.251
BCAD ID Number 84537
Lawson Properties II, LLC
1800 Shiloh Ave, Bryan, TX 77803
Distance to Proposed Site: 22,236 +/-feet (4.21 miles)
Site Name: Fixed Wireless -Bee Creek
Site ID: 43980
Site Address: 2106 Southwood Drive, College Station, Texas 77840
Tower Height: 160' Monopole
4 arrays
Owner: AT&TTowers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Sprint is also on this tower:
PO Box 260888
Plano, TX 75026
Southwood PH 25 Block 14 Lot 39F-R
BCAD ID Number 42582
James Wood
PO Box 10220 College Station, TX 77842
Distance from Proposed Site: 15167 +/-feet (2.87 miles)
' .
Site Name: South Bryan
Site ID: 64206
Site Address: 1440 Arrington Drive, College Station, Texas 77845
Tower Height: 232' Self Support
2 Arrays
Owner: AT&TTowers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Sprint is also on this tower:
PO Box 260888
Plano, TX 75026
Caprock Crossing, Block 3, Lot 2
BCAD ID Number 365247
JL Gaut
2407 Randal Point Ct, Spring, TX 77388
Distance to Proposed Site: 12,465 +/-feet (2.36 miles)
Site Name: Bentwood
Site ID: HX3573
Site Address: 2504 Texas Avenue South, College Station, Texas 77840
Tower Height: 35' Flagpole
Stealth Flagpole (No visible antenna arrays)
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Southwest Place, Block 1, Lot 2A-1B Acres 2.307
BCAD ID number: 42164
CSTX Hotels, LLC
2504 Texas Ave S, College Station, TX 77840
Distance to Proposed Site: 16,400 +/-feet (3.11 miles)
Proposed Towers
Site Name: Mickthea (ETJ)
Site ID: HX2259
Site Address: 11136 Hope Creek Rd, College Station, Texas 77845
Tower Height (Proposed): 100' (Inside ETJ) Monople
Proposed Tower with 1 current array (co locatable for 3 arrays)
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Thomas Yates Survey, A-247
Called Tract 2, 7.00 acres
Neil Steven Summer, Trustee of the Trust for the Sons of Lily Summer
1150 Hopes Creek Rd, College Station, TX 77845
Distance to Proposed Site: 30,285 +/-feet {5.74 miles)
Site Name: Lake Placid (Inside City Limits)
Site ID: HX2260
Site Address: 1241 Flying Ace Circle, College Station, Texas 77845
Tower Height (Proposed): 110' (Inside City Limits) monopole
Proposed Tower (co locatable for 3 arrays)
Owner: AT&TTowers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Thomas Caruthers League, A-901
Called 26.245 Acres to Flying Ace Development, LLC
BCAD ID number: 10612
Flying Ace Ranch LTD
1 Momentum Blvd, St 1000, College Station, TX 77845
Proposed Site
Existing Towers Inside City ETJ
Site Name: Mortier
Side ID: 70063
Site Address: 3360 Capstone Rd, College Station, TX 77845
Tower Height: 150' Monopole
1 Array
Owner: AT&T Towers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
R Stevenson Survey, Abstract-54, Tract 14.1, 4.301 Acres
BCAD ID number: 99260
Wellborn Special Utility District of Brazos County
PO Box 250 Wellborn TX 7881
Distance to Proposed Site: 17,554 +/-feet (3.32 miles)
Site Name: Easterwood
Side ID: 70070
Site Address: 4811 Jordan Place, College Station, TX 77845
Tower Height: 251' Self Support tower
1 Array
Owner: AT&TTowers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
B McGregor Survey, A-17 Tract 2.15 acres
BCAD ID number: 15732
Ernest Jordan
4811 Jordan Place Rd, College Station, TX 77845
Distance to Proposed Site: 34,095 +/-feet (6.46 miles)
Other towers within 4 miles of Proposed Site:
Dallas MTA, LLP 4.2 miles North-east
Global Tower Partners 2.48 miles due south
Bryan Broadcasting Corporation 2.32 miles North North-East
Crown Castle 2.15 miles due south
AT&T Owned Towers & All Other Officially FCC Registered
Towers within 4.2 miles of Proposed CUP 14-030
CUP Application 14-030 AT&T Cell Tower 1241 Flying Ace Circle
There are zero towers within 3500' of the proposed site
AT&T Proposed Tower Proximity to Residential Uses
........ LEVELS ~ CONSULTING ENGINEERS. INC.
at.&t
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Photo Simulation of Proposed AT&T Cell Tower Site
Prepared for: Crafton Communications
Site Address:
1241 Flying Ace Circle
College Station TX, 77845
AT&T Site Name: Lake Placid East
Project Description:
Proposed 110' Monopole in the City of College Station
Purpose:
This document is intended to represent approximate levels
of visibility of the proposed AT&T Monopole
..
'' · .
• q~1
) .... , _, ,·
EVELS 19315 FM 2252, Suite 301
Garden Ridge, TX 78266
CONSULTING ENGINEERS, INC.
Go gl earth feetr---------------2000 meterslll-------------------700
Figure 1: Aerial Image of Surrounding Area with Reference Points
Proposed AT&T Monopole Photo Simulation Page 1
' . l l ' '
_,~LEVELS ~ CONSULTING ENGINEERS , INC.
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Figure 2: Photo from Position A looking South toward site
Proposed AT&T Monopole Photo Simulation Page2
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Figure 2a: Simulation from Position A looking South toward site
Proposed AT&T Monopole Photo Simulation Page3
_.~LEVELS ~ CONSULTING ENGINEERS , INC.
Figure 3: Photo from Position B looking West toward site
Proposed AT&T Monopole Photo Simulation
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Page4
_,~LEVELS ~ CONSUL TING ENGINEERS . INC.
19315 FM 2252 , Suite 301
Garden Ridge, TX 78266
Figure 3a: Simulation from Position B looking West toward site
Proposed AT&T Monopole Photo Simulation Page 5
_,~LEVELS ~ CONSULTING ENGINEERS , INC.
•
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Figure 4: Photo from Position C looking North toward site
Proposed AT&T Monopole Photo Simulation Page6
_,~LEVELS ~ CONSULTING ENGINEERS, INC.
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Figure 4a: Simulation from Position C looking North toward site
Proposed AT&T Monopole Photo Simulation Page 7
_,~LEVELS ~ CONSULTING ENGINEERS, INC.
Figure 5: Photo from Position D looking East toward site
Proposed AT&T Monopole Photo Simulation
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Page8
...... LEVELS ~ CONSULTING ENGINEERS , INC.
m@~~~1r
C£®11il@Jli)@~@
19315 FM 2252, Suite 301
Garden Ridge, TX 78266
Figure Sa: Simulation from Position D looking East toward site
Proposed AT&T Monopole Photo Simulation Page 9
AT&T Owned Towers -College Station (current as of April, 2014)
Existing Towers Inside City Limits
Site Name: 517 Southland
Site ID: 70059
Site Address: 112 Holleman Drive, College Station, Texas 77840
Tower Height: 100' Monopole
3 arrays, Cricket & ATI
Owner: AT&TTowers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Cricket is also on this tower:
5887 Copley Dr, Bldg 5 FL
San Diego, CA 92111
Regency Square Subdivision, Lot 1R & 2R Acres8.251
BCAD ID Number 84537
Lawson Properties II, LLC
1800 Shiloh Ave, Bryan, TX 77803
Distance to Proposed Site: 22,236 +/-feet (4.21 miles)
Site Name: Fixed Wireless-Bee Creek
Site ID: 43980
Site Address: 2106 Southwood Drive, College Station, Texas 77840
Tower Height: 160' Monopole
4 arrays
Owner: AT&TTowers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Sprint is also on this tower:
PO Box 260888
Plano, TX 75026
Southwood PH 25 Block 14 Lot 39F-R
BCAD ID Number 42582
James Wood
PO Box 10220 College Station, TX 77842
Distance from Proposed Site: 15167 +/-feet (2 .87 miles)
Site Name: South Bryan
Site ID: 64206
Site Address: 1440 Arrington Drive, College Station, Texas 77845
Tower Height: 232' Self Support
2 Arrays
Owner: AT&TTowers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Sprint is also on this tower:
PO Box 260888
Plano, TX 75026
Caprock Crossing, Block 3, Lot 2
BCAD ID Number 365247
JL Gaut
2407 Randal Point Ct, Spring, TX 77388
Distance to Proposed Site: 12,465 +/-feet (2 .36 miles)
Site Name: Bentwood
Site ID: HX3573
Site Address: 2504 Texas Avenue So uth, College Station, Texas 77840
Tower Height: 35' Flagpole
Stealth Flagpole (No visible antenna arrays)
Owner: AT&TTowers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Southwest Place, Block 1, Lot 2A-1B Acres 2.307
BCAD ID number: 42164
CSTX Hotels, LLC
2504 Texas Ave S, College Station, TX 77840
Distance to Proposed Site: 16,400 +/-feet (3.11 miles)
•
Proposed Towers
Site Name: Mickthea (ETJ)
Site ID: HX2259
Site Address: 11136 Hope Creek Rd, College Station, Texas 77845
Tower Height (Proposed): 100' (Inside ETJ) Monople
Proposed Tower with 1 current array (co locatable for 3 arrays)
Owner: AT&TTowers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Thomas Yates Survey, A-247
Called Tract 2, 7.00 acres
Neil Steven Summer, Trustee of the Trust for the Sons of Lily Summer
1150 Hopes Creek Rd, College Station, TX 77845
Distance to Proposed Site: 30,285 +/-feet (5 .74 miles)
Site Name: Lake Placid (Inside City Limits)
Site ID: HX2260
Site Address: 1241 Flying Ace Circle, College Station, Texas 77845
Tower Height (Proposed): 110' (Inside City Limits) monopole
Proposed Tower (co locatable for 3 arrays)
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Thomas Caruthers League, A-901
Called 26.245 Acres to Flying Ace Development, LLC
BCAD ID number: 10612
Flying Ace Ranch LTD
1 Momentum Blvd, St 1000, College Station, TX 77845
Proposed Site
Existing Towers Inside City ETJ
Site Name: Mortier
Side ID: 70063
Site Address: 3360 Capstone Rd, College Station, TX 77845
Tower Height: 150' Monopole
1 Array
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
R Stevenson Survey, Abstract-54, Tract 14.1, 4.301 Acres
BCAD ID number: 99260
Wellborn Special Utility District of Brazos County
PO Box 250 Wellborn TX 7881
Distance to Proposed Site: 17,554 +/-feet (3 .32 miles)
Site Name: Easterwood
Side ID: 70070
Site Address: 4811 Jordan Place, College Station, TX 77845
Tower Height: 251' Self Support tower
1 Array
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
B McGregor Survey, A-17 Tract 2.1 5 acres
BCAD ID number: 15732
Ernest Jordan
4811 Jordan Place Rd, College Station, TX 77845
Distance to Proposed Site: 34,095 +/-feet (6.46 miles)
Other towers within 4 miles of Proposed Site:
Dallas MTA, LLP 4.2 miles North-east
Global Tower Partners 2.48 miles due south
Bryan Broadcasting Corporation 2.32 miles North North-East
Crown Castle 2.15 miles due south
. .
Lake Placid East Introduction
HXU2260 Lake Placid East
1241 Flying Ace Cr. College Station, Texas 77845
• The proposed new site is designed to improve out/indoor coverage as well as
increase capacity, reducing blocked and dropped calls thus improving customer
experience in the surrounding area.
• The proposed new site with the addition of LTE will improve data speed in the
area
College Station Drive -Capacity
• Every Quarter AT&T runs Capacity Projections for the next 2 years based
on previous Quarter (Actual Traffic)
• Based on the projections, the existing sites will not be able to handle
increasing traffic demand in the area
• Due to Network Demand and Heavy Voice/Data Traffic Usage, AT&T is
exhausting equipment capacity, requiring the addition of new sites.
• According to the Projections, if the new site is not deployed, by mid-year
2013 approximately 350 calls will block during the busiest hour of the day
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• The blocking will not only affect calls, but also data throughputs
• This means data users (smartphones and data cards) will experience low
data rate not only impacting personal use but business use as well
• Notice the new site cannot be placed anywhere, it needs to cover areas
where the traffic is.
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+ No Covera.ge
+ Poor Voice Qu;i.Jity
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Existing Coverage~ .... ,....~~ .. -
Proposed New Site
Location
Proposed Coverage with New Sites
AT&T Owned Towers & All Other Officially FCC Registered
Towers within 4.2 miles of Proposed CUP 14-030
CUP Application 14-030 AT&T Cell Tower 1241 Flying Ace Circle
AT&T Proposed Tower Proximity to Residential Uses
December 30, 2013
Molly Hitchcock, AICP
Assistant Director, Planning & Development Services
City of College Station
1101 Texas Avenue
College Station, TX 77842
Dear Ms. Hitchcock,
In response to Site Plan Application -AT&T Mobility -HX2260 Lake Placid requesting
"Names and address of all owners or other usable antenna support structures within a one=-half (1/2)
mile radius of the site .. ".
There are no towers, tall buildings, water tanks, high voltage lines, etc available to AT&T within
Yz mile of the proposed site.
Please waive this item from the list of requirements for Site Plan Application -AT&T Mobility
-HX3573 Brentwood.
Respectfully,
~~
Dave Petrakovitz
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February 12, 2014
CrrY or Cou.EGE STATION
Home o/Texas A&M University"
MEMORANDUM
TO : David Petrakovitz, via: dave.petrakovitz@gmail.com
FROM: Teresa Rogers, Staff Planner
SUBJECT: AT&T LAKE PLACID (CUP}
Thank you for the submittal of your CONDITIONAL USE PERMIT -USE & SITE application.
Erika Bridges, Graduate Civil Engineer, and I have been assigned to review this project. It is
anticipated that the review will be completed and any staff comments returned to you on or
before Tuesday, February 25, 2014. If you have questions in the meantime, please feel free to
contact us
PC : Flying Ace Development, via : USPS, 1241 Flying Ace Circle, College Station,
Texas 77845
Level 5, via : USPS, 19315 FM 2252, STE 301 , Garden Ridge, Texas 78266
P&DS Project No. 14-00900030
Planning & Development Services
P.O. BOX 9%0 • l 101 TEXAS AVENUE · COLI.EC;[ STATION · TEXAS • 77842
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MEMORANDUM
February 25, 2014
TO :
FROM:
David Petrakovitz, via: dave.petrakovitz@gmail.com
Teresa Rogers , Staff Planner
SUBJECT: AT&T LAKE PLACID (CUP)
Staff reviewed the above-mentioned site plan as requested . The following page is a list
of staff review comments detailing items that need to be addressed. Once all comments
have been addressed and the following information submitted, your project will be
placed on the next available Planning & Zoning Commission (P&Z) meeting scheduled
in the City Hall Council Chambers, 1101 Texas Avenue:
__ One (1) copy of the revised site plan.
Please note that this application will expire 90 calendar days from the date of th is
memo, if the applicant has not provided written response comments and revised
documents to the Administrator that seek to address the staff review comments
contained herein. If all comments have not been addressed on your revised site plan,
your project will be pulled from the scheduled P&Z agenda. Your project may be placed
on a future agenda once all the revisions have been made and the appropriate re-
advertising fee paid .
Once your item has been scheduled for the P&Z meeting, the agenda and staff report
can be accessed at the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
If you have any questions or need additional information, please call me at
979.764.3570.
Attachments: Staff Review Comments
PC : Flying Ace Development, via : USPS , 1241 Flying Ace Circle, College
Station, Texas 77845
P&DS Project No. 14-00900030
Page 1of4
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STAFF REVIEW COMMENTS NO. 1
Project: AT&T LAKE PLACID (CUP)-(14-00900030)
PLANNING @ Provide Proof of Signing Authority to confirm that you have been authorized by the
~ · roperty owner to ask for the CUP.
\ . Provide the volume and page number for the 20-foot access easement. If this ~ j(:;l \)o , easement has not been filed please label it as a "Proposed Private Access and
n9J Utility Easement." l3':i The landscaping requirements may not be waived through the application \! submission and a Landscape Plan should be provided with the next submission. \\~ ~ This application must meet site planning and landscaping requirements in order to
be referred to the Planning & Zoning Commission/City Council. Please refer to
Unified Development Ordinance (UDO) Section 12-7.6, Landscaping and Tree
Protection, for specific information on the requirements.
Plant materials and fencing that effectively screen the WTF site from view of the
public right-of-way and adjacent properties is required. Screening may be
accomplished through a masonry wall or wood fence. In addition, screening is
required in order for the facility to be exempt from Non-Residential Architectural
Requirements. Provide a detail of the proposed screening wall or fence.
Chain link fencing is not an appropriate screening material. If it is necessary for
ecurity reasons, it may be located inside a masonry wall or wood fence.
Provide a general note that all roof and ground-mounted mechanical equipment shall
be screened from view or isolated so as not to be visible from any public right-of-way
or residential district within 150' of the subject lot, measured from a point five feet
above grade. Such screening shall be coordinated with the building architecture and
~scale to maintain a unified appearance. 'V Unfinished galvanized steel is not acceptable for transmission towers. Verify that ~~is material will not be used for the td'wer. -JY. On sheet AO .O provide drawing locations of existing buildings including the duplex
_ /esidential units and barns. JY. On sheet AO.O label the ownership and current zoning for this property and all
. ~butting properties. tJ-0· On sheet AO.O depict and label a project phase line to show the limits of the project
and construction disturbance. This phase line will be used to determine landscaping
site calculation requirements.
11 . rovide the linear separation distance from other transmission towers, residentially-
zoned properties, residential structures, and applicable thoroughfares in writing or on
~the site plan . '
~ Revise the inventory of the applicant's existing and future towers that are either
within the City, the City's ET J, or within at least 1 mile of the City's boundary where
the ET J does not extend that far. The inventory shall include specific information
about the location, design, and height of each tower. The owner must have on file
with Planning and Development Services a master list of all existing tower structures
owned or controlled by the owner. Such list must specify the name, address and
· tele hon ber of the owner of record, the tower locations by address and
Page 2 of 4
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legal description, tower height, the number of antenna arrays on the tower, and
the names, addresses, and telephone numbers of all other users of the tower
__ ~tructures. (Bolded items are still needed for the inventory.)
~Please state in writing why other design alternatives cannot be utilized to accomplish
the provision of the applicant's telecommunications services.
14. Please note that any changes made to the plans, that have not been requested by
the City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that the City has not
been made aware of will constitute a completely new review.
Reviewed by: Teresa Rogers, Staff Planner Date: February 25 , 2014
L~DSCAPING I STREETSCAPING I BUFFER
v( Provide a general note that 100% coverage of groundcover, decorative paving,
decorative rock, or a perennial grass is required in parking lot islands, swales and
drainage areas, the parking lot setback, rights-of-way, and adjacent property
disturbed during construction .
Irrigation system must be protected by a Pressure Vacuum Breaker, a Reduced
Pressure Principle Back Flow Device, or a Double-Check Back Flow Device. All
· Back Flow devices must be installed and tested upon installation as per City
Ordinance No. 2394.
Reviewed by: Teresa Rogers, Staff Planner Date: February 25, 2014
ENGINEERING COMMENTS NO. 1
1. Sh.AO.O -Please label the proposed 20-ft Access & Utility Easement is "Private."
FYI ... This should be privately owned and maintained for private access and private
utilities only.
2. Sh.AO.O -Add the volume and page number of the private access and utility
easement.
Reviewed by: Erika Bridges Date: February 20, 2014
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide
electric service to this project location.
Reviewed by: Eric Horton Date: February 20, 2014
SANITATION
1. Sanitation is ok with this project.
Page 3 of 4
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Reviewed by: Wally Urrutia Date: February 19, 2014
Page 4 of 4
RE: CITY OF COLLEGE STATION
P&DS PROJECT NO. 14-00900030
AT&T MOBILITY llX2260-LAKE PLACID EAST
1241 FLYING ACE CIRCLE, COLLEGE STATION, TX 77845
REVIEW COMMENTS:
Planning:
LEVEL 5
CONSULTING ENGINHRS INC
March 31, 2014
1. 20-foot access easement was labeled as "Proposed Private Access and Utility Easement."
2. Landscaping plans were added to the drawings.
3. Drawing was updated to show an 8' wooden fence.
4. General note was added to AO.O that all ground-mounted mechanical equipment shall be screened from
view or isolated so as not to be visible from any public right-of-way or residential district within 150 ' of the
subject lot, measured from a point five feet above grade. Such screening shall be coordinated with the
building architecture and scale to maintain a unified appearance.
5. On A2.0 there are notes about galvanized steel.
6. Sheet AO.O was updated to show existing buildings including the duplex residential units and barns.
7. The property ownership and current zoning was added to sheet AO.O.
8. The project phase line was added to sheet AO.O.
9. Sheet AO.O was updated to show the linear separation from the estate-residential property (North).
Engineering:
1. AO.O was updated to show "Proposed Private Access and Utility Easement."
Landscaping/Streetscaping/Buffer:
1. A note was added to the landscaping drawings that 100" coverage of groundcover, decorative paving,
decorative rock, or a perennial grass is required in parking lot islands, swales and drainage areas, the
parking lot setback, rights-of-way, and adjacent property disturbed during construction.
2.
Please contact us if you have any questions or require additional information.
Thank you,
Tony Huebel, PE
Level 5 Consulting Engineers, Inc.
832-693-9277
Level 5 Consulting Engineers, Inc. 19315 FM 2252, Suite 301, Garden Ridge, TX 78266 (210) 542-5911
April 15, 2014
Molly Hitchcock, AICP
Assistant Director, Planning & Development Services
City of College Station
1101 Texas Avenue
College Station, TX 77842
Dear Ms. Hitchcock,
Please accept this letter as addressing Note 13 of the attached Staff Review Comments No 1 as
prepared for AT&T Lake Placid (CUP}-(14-00900030}:
Note 13. Please state in writing why other design alternatives cannot be utilize to accomplish the
provision of the applicant's telecommunication services.
Response:
Per the City's WfF ordinance: Wireless Telecommunication Facility (WTF).
1.Purpose.
The City Council of the City of College Station finds that:
a. It is in the public interest to promote competition in high quality
telecommunications services and the availability of broadband
transmission services to all residences and businesses;
The area of the proposed tower is underserved by AT&T's wireless telecommunication capabilities. The
initial search area for a suitable location to mount new antennas to provide the required coverage as
requested by the AT&T Engineering Department was north of the proposed site. In an effort to comply
with city zoning ordinances the AT & T Real Estate group moved their site search south of the desired
area. This move allowed the site to comply with city zoning requirements but then required that the
antennas be mounted much higher in the air than would have been the case if the tower had been
allowed to be built further north. To enable the AT&T signal to propagate far enough to effectively provide
the needed levels of Radio Frequency (RF} coverage, the antennas need to mounted at least 11 O' in the
air.
As previously attested in our current application there are no suitable co-locatable structures in the area
of the proposed tower. Due to technological limits imposed upon the RF needs of AT&T a stealth wrF at
the proposed location would severely limit AT& T's radio signal propagation as well as limit options for
collocation and/or expansion of future antennas and technology at this site. Shorter towers also typically
lead to the need for additional towers sites to be erected due to the nature of a shorter tower not being
able to propagate a radio signal as far as a taller tower/structure is able to do.
Allowing AT&T to seek a Waiver from the need to 'Stealth" this site allows AT&T to more efficiently
provide that wireless communication service which the community is demanding and which College
Station has come to expect and even require.
Respectfully, , ( ,
-ot-j::V~
Dave Petrakovitz
Crafton Communications
Agents for AT&T Mobility
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AT&T Owned Towers-College Station (current as of April, 2014)
Existing Towers Inside City Limits
Site Name: 517 Southland
Site ID: 70059
Site Address: 112 Holleman Drive, College Station, Texas 77840
Tower Height: 100' Monopole
3 arrays, Cricket & ATI
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Cricket is also on this tower:
5887 Copley Dr, Bldg 5 FL
San Diego, CA 92111
Regency Square Subdivision, Lot lR & 2R AcresS.251
BCAD ID Number 84537
Lawson Properties II, LLC
1800 Shiloh Ave, Bryan, TX 77803
Site Name: Fixed Wireless -Bee Creek
Site ID: 43980
Site Address: 2106 Southwood Drive, College Station, Texas 77840
Tower Height: 160' Monopole
4 arrays
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Sprint is also on this tower:
PO Box 260888
Plano, TX 75026
Southwood PH 25 Block 14 Lot 39F-R
BCAD ID Number 42582
James Wood
PO Box 10220 College Station, TX 77842
,.
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Site Name: South Bryan
Site ID: 64206
Site Address: 1440 Arrington Drive, College Station, Texas 77845
Tower Height: 232' Self Support
2 Arrays
Owner: AT&T Towers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Sprint is also on this tower:
PO Box 260888
Plano, TX 75026
Caprock Crossing, Block 3, Lot 2
SCAD ID Number 365247
JL Gaut
2407 Randal Point Ct, Spring, TX 77388
Site Name: Bentwood
Site ID: HX3573
Site Address: 2504 Texas Avenue South, College Station, Texas 77840
Tower Height: 35' Flagpole
Stealth Flagpole (No visible antenna arrays)
Owner: AT&T Towers
3707 South 2nc1 Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Southwest Place, Block l, Lot 2A-1B Acres 2.307
SCAD ID number: 42164
CSTX Hotels, LLC
2504 Texas Ave S, College Station, TX 77840
I .
Existing Towers Inside City ETJ
Site Name: Mortier
Side ID: 70063
Site Address: 3360 Capstone Rd, College Station, TX 77845
Tower Height: 150' Monopole
1 Array
Owner: AT&T Towers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
R Stevenson Survey, Abstract-54, Tract 14.1, 4.301 Acres
BCAD ID number: 99260
Wellborn Special Utility District of Brazos County
PO Box 250 Wellborn TX 7881
Site Name: Easterwood
Side ID: 70070
Site Address: 4811 Jordan Place, College Station, TX 77845
Tower Height: 251' Self Support tower
1 Array
Owner: AT&TTowers
3707 South 2nd Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
B McGregor Survey, A-17 Tract 2.1 5 acres
BCAD ID number: 15732
Ernest Jordan
4811 Jordan Place Rd, College Station, TX 77845
Proposed Towers
Site Name: Mickthea (ETJ)
Site ID: HX2259
Site Address: 11136 Hope Creek Rd, College Station, Texas 77845
Tower Height (Proposed): 100' (Inside ETJ) Monople
Proposed Tower with 1 current array (co locatable for 3 arrays)
Owner: AT&TTowers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Thomas Yates Survey, A-247
Called Tract 2, 7.00 acres
Neil Steven Summer, Trustee of the Trust for the Sons of Lily Summer
1150 Hopes Creek Rd, College Station, TX 77845
Site Name: Lake Placid (Inside City Limits)
Site ID: HX2260
Site Address: 1241 Flying Ace Circle, College Station, Texas 77845
Tower Height (Proposed): 110' (Inside City limits) monopole
Proposed Tower (co locatable for 3 arrays)
Owner: AT&T Towers
3707 South 2"d Street
Austin, Texas 78704
Attn: Luke Conder
512-438-6381
Thomas Caruthers League, A-901
Called 26.245 Acres to Flying Ace Development, LLC
BCAD ID number: 10612
Flying Ace Ranch LTD
1 Momentum Blvd, St 1000, College Station, TX 77845
Cnv or Cour:GE STATION
Home of Texas A&M Universiry•
FOR OFFICE USE ONLY
CASE NO.: Jlj · 50
DATE SUBMITIED: lf . d¥ · 1 :{
TIME: I ·. l.( s
STAFF: ='f2.1L
PLANNING & DEVELOPMENT SERVICES
TRANS MITT AL LETTER
Please check one of the options below to clearly define the purpose of your submittal.
D New Project Submittal
D Incomplete Project Submittal -documents needed to complete an application. P&DS Project no.:
rf:J Existing Project Submittal. P&DS Project no.: ) L1 -Q D
Contact Name Phone Number ~~~~~~~~~~~~~
We are transmitting the following for Planning & Development Services to review and comment (check all that apply):
D Comprehensive Plan Amendment
D / Rezoning Application
g Conditional Use Permit
D Preliminary Plan
D Final Plat
D Development Plat
D Site Plan
D Special District Site Plan
D Special District Building I Sign
D Landscape Plan
INFRASTRUCTURE AND ENGINEERING DOCUMENTS
D Non-Residential Architectural Standards
D Irrigation Plan
D Variance Request
D Development Permit
D Development Exaction Appeal
D FEMA CLOMA/CLOMR/LOMA/LOMR
D Grading Plan
D Other -Please specify below
All infrastructure documents must be submitted as a complete set.
The following are included in the complete set:
D Comprehensive Plan Amendment D Waterline Construction Documents
D TxDOT Driveway Permit D Sewerline Construction Documents
D TxDOT Utility Permit D Street Construction Documents
D Drainage Letter or Report D Easement Application
D Fire Flow Analysis D Other -Please specify
Special Instructions:
10/10 I . Print Form