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Home My WebLink AboutAgenda11 C) J ,Q 2ts April 14, 2005 Regular Agenda Item # Item Title To: Tom Brymer, City Manager From: Joey Dunn, Director of Planning and Development Services Agenda Caption: Public hearing, presentation, discussion, and possible action on a Conditional Use Permit - Use & Site for a StealthTelecommunications Tower consisting of approximatly 3.175 acres at 903 Krenek Tap, generally located on the north side of Krenek Tap Road just east of Dartmouth Drive. Recommendation (s): March 17 the Planning and Zoning Commission unanimously recommended for approval of the Cell tower as submitted. Staff is recommends approval of this request as well. Summary: The applicant is requesting a Conditional Use Permit for a stealth telecommunications tower designed as an (80) eighty -foot flag pole approximately 150 -feet from the front property line. As you may be aware this item unanimously was denied by the Commission and the City Council April of last year. At the time there were concerns about the proximity to Krenek Tap Road. There were also concerns with the property in its current context with the existing single family home, and the majority of the surrounding property being undeveloped. Additionally there were concerns that the applicant had not exhausted alternatives in the search ring that was presented with the application. Since that time the applicant has been in contact with eleven other potential sites that are located within the search ring. The applicant has provided certified letters that were to the property owners, none have expressed interest in the cell tower proposal. Budget & Financial Summary: N/A Attachments: 1. Item Background 2. Telecommunications Act 3. Aerial 4. Search Ring S. Letter from Bracewell & Patterson L.L.P. Attorneys At Law 6. Site Plan 7. Landscape Plan S. Elevation Plan 9. Application Requirements for a Major WTF (information available upon request) 10.Draft Planning and Zoning Meeting Minutes from March 17th. 11.0rdinance April 14, 2005 Regular Agenda Item # Krenek Tap Rd. Cell Tower To: Tom Brymer, City Manager From: Joey Dunn, Director of Planning and Development Services Agenda Caption: Public hearing, presentation, discussion, and possible action on a Conditional Use Permit - Use & Site for a stealth telecommunications tower consisting of approximatly 3.175 acres at 903 Krenek Tap, generally located on the north side of Krenek Tap Road, just east of Dartmouth Drive. Recommendation (s): On March 17, 2005, the Planning and Zoning Commission unanimously recommended for approval of the Cell tower as submitted. Staff recommends approval of this request as well. Summary: The applicant is requesting a Conditional Use Permit for a stealth telecommunications tower, designed as US flag pole eighty -feet (80') in height, located approximately 150 feet from the front property line of an existing tract at 903 Krenek Tap Road. In April 2004, this item unanimously was denied by the Planning & Zoning Commission and the City Council. At the time there were concerns about proximity of the tower to Krenek Tap Road. There were also concerns with the property in its current context with the existing single family home, and the majority of the surrounding property being undeveloped. Additionally, there were concerns that the applicant had not exhausted alternatives in the cell tower "search ring" that was presented with the application. Since that time, the applicant has been in contact with eleven other potential sites that are located within the search ring. The applicant has met all applicant submittal requirements outlined in the ordinance, and provided an affidavit with certified letters that were send to the property owners of other possible alternative sites within the search ring. None of these property owners have expressed interest in the cell tower proposal. Therefore, the applicant requests consideration of this re- submitted Conditional Use Permit. Budget & Financial Summary: N/A Attachments: 1. Telecommunications Act Summary 2. Aerial 3. Search Ring 4. Letter from Bracewell & Patterson L.L.P. Attorneys At Law 5. Site Plan 6. Landscape Plan 7. Elevation Plan S. Application Requirements for a Major WTF (individual info is available upon request) 9. Draft Planning and Zoning Meeting Minutes from March 17th. lO.Ordinance Page 1 of 2 Agenda Item Cover Sheet Agenda Item # 8.14 Regular Item X Consent Item Workshop Item Item Submitted By: Kelly Templin, Dir. of Dev. Services Council Meeting Date: June 12, 2003 Director Approval: [=- 77-2 k ,�,-Lq•- ... ♦ §int '3,k'P. i. , City Manager Approval: Item: Discussion and possible action on an ordinance amending the adoption language of the Unified Development Code (UDO) as it relates to Sexually- Oriented Businesses. Item Summary: The proposed adoption ordinance establishes the link between the negative impacts associated with sexually-oriented businesses and the regulations Incorporated within the UDO. Item Background: Staff recommends the inclusion of Part 5 of the attached ordinance to clarify the reliance of the City of College Station on the specified studies listed in Exhibit C of the same ordinance. The U.S. Supreme Court in City of Renton v. Playtime Theaters, Inc. (475 U.S. 41, 1986) established the need to specify the adverse impacts resulting from sexually- oriented uses when establishing regulations for such uses. These impacts were to be described in a study. The study or studies could be specific to the jurisdiction proposing the regulations, or there could be reliance on the studies of other jurisdictions. City staff relied on the studies of a number of cities; however these studies were not individually brought to the attention of the Council during the review of the UDO. Staff felt it was beneficial, on the eve of the effective date of the UDO, to describe the particular findings of these studies and therefore establish the rationale behind the adoption of the regulations within the UDO. The UDO establishes a one-year amortization period for such nonconforming businesses, as well as a process for an extension. Page 2 of 2 The attached modified ordinance links the findings of the studies and the seminal Supreme Court case establishing such regulations as Constitutional with the regulations established within the UDO for such businesses. Budgetary and Financial Summary: N/A Staff Recommendation: Staff recommends the adoption of the amended ordinance enacting the Unified Development Code (UDO). Relationship to Strategic Plan: Vision Statement #3, Strategy #1, We will approve and implement the Unified Development Ordinance (UDO) (We will revise and guide the development process). Relate Board Actions: The Planning and Zoning Commission unanimously recommended approval of the UDO on February 20, 2003. Council Action Options: 1. Approval as submitted; 2. Approval with conditions relating to specific time limitations; 3. Denial with specified reasons for denial; 4. Table; or 5. Defer action to a specified date. Supporting Materials: 1. Ordinance 2. Memorandum Date Regular Agenda Item # Wright Telecommunications Tower To: Tom Brymer, City Manager From: Glenn Brown, Assistant City Manager Agenda Caption: Public hearing, discussion, and possible action on a Conditional Use Permit - Use & Site for the Wright StealthTelecommunications Tower consisting of approximatly 3.175 acres located on the north side of Krenek Tap Road just east of Dartmouth Drive.. Recommendation(s): April 1, 2004 the Planning and Zoning Commission unanimously recommended denial of the proposed 80-feet stealth communications tower. Staff's recommendation is also for denial. WTF Considerations: In addition to the standard CUP guidelines (described below), the Commission shall consider the following additional factors when determining whether to recommend a CUP for a telecommunication facility: • Height of the proposed tower, surrounding topography and tree coverage and foliage as they relate to: a. Skyline impact, examining whether the proportions of the structure appears to dominate or blend in with the surrounding environment and b. Shadow impact, whether or not the proposed tower will cast shadows that would prevent the reasonable use of enjoyment or surrounding properties. • Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. • Proximity of the tower to residential structures and residential district boundaries. • Economic impact on adjacent and nearby properties. • Proposed ingress and egress. • Availability of suitable alternatives and/or existing support structures. Summary: The applicant is requesting a Conditional Use Permit for a stealth telecommunications tower designed as an (80) eighty-foot flag pole. Staff is unable to support the proposed stealth design with the property in its current context. The subject property is developed with a single family home. Staff encouraged the applicant to propose some alternative designs that would fit in more with the surrounding environment. Budget & Financial Summary: N/A Attachments: 1. Location Map 2. Ordinance 3. April 1, 2004 Planning and Zoning Meeting Minutes Page 6 of 10 AGAINST: None ABSENT: Silvia Regular Agenda Regular Agenda Item No. 13.1 —Public hearing, discussion and possible action on a Conditional Use Permit—Use and Site for the Wright Stealth Telecommunications Tower consisting of approximately 3.175 acres located on the north side of Krenek Tap Road just east of Dartmouth Drive. Development Review Manager Natalie Ruiz remarked that the applicant is requesting a Conditional Use Permit for a stealth telecommunications tower designed as an (80) eighty-foot flag pole. Staff does not support the request, noting that the Land Use Plan designates this area as Single Family Medium Density. The subject property is zoned R-4 Multi-Family and developed as a single family residence, while the majority of the surrounding properties remain undeveloped. Letters of opposition were noted and the Planning and Zoning Commission recommended denial of the request. Mayor Pro Tem Hazen opened the public hearing. The following individuals addressed the council regarding the Wright Stealth Telecommunications Tower: Brock Bailey, 7703 Pantone Lane, Spring, Texas Michael Crane, Sprint PCS Representative Arthur Wright, Property Owner Phil Tripani, Planning and Zoning Commissioner Mayor Pro Tem Hazen closed the public hearing Council member Maloney moved to deny the approval of a Conditional use Permit-Use and Site for the Wright Stealth Telecommunications Tower located on the north side of Krenek Tap Road. Council member Happ seconded the motion, which carried by a vote of 5-0-1. FOR: Hazen, Happ, Mears, Maloney, Massey AGAINST: None ABSENT: Silvia ABSTAINED: Wareing Regular Agenda Item No. 13.2 -- Public hearing, discussion and possible action on an amendment to the Unified Development Ordinance by City initiated rezoning applying an overlay zone imposing additional requirements to properties along Krenek Tap Road for a depth of 750 feet. City Planner Jane Kee noted that an overlay district was adopted by council at their last meeting. The overlay district addresses the views along Krenek, that as properties develop in the future the corridor will be consistent and attractive. The overlay district addresses the front facades of structures, does not allow parking to be seen along the Krenek Tap frontage road, requires fencing to be open to allow visual access and requires signs be low profile. Existing zoning remains in place and all existing uses will be permitted with the exception of duplexes will not be permitted along the corridor. In addition, the Design Review Board would approve materials other than the standard if doing so would allow the new construction to be more compatible with existing materials. http://citynet/Council%20Minutes/2004/Minutes%20for%204-29-2004.htm 3/2/2005