HomeMy WebLinkAboutStaff Report STAFF REPORT , Ar4()
Project Manager: Jennifer Reeves
Date: 03-02-05
jiY P)
Email:jreeves@cstx.gov tAt"
Item: Public hearing, discussion, and possible action on a Conditional Use 1
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.
Applicant: Mike Crain, (Market Director) Fossil Creek Land Company
119-1:014'91."'
Staff Recommendation: Staff recommends approval of the Conditional Use
Permit as submitted.
Item Summary: The applicant is requesting a Conditional Use Permit for a ,►`
stealth telecommunications tower designed as an (80) eighty-foot flag pole b
approximately 150-feet from the front property line. i��
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
Comprehensive Plan Considerations: The subject property and properties to
the west are shown on the Land Use Plan as Single Family Medium Density. The
property to the east is shown as Residential Attached. The property to the south,
across Krenek Tap Road, is shown as Civic Center Property (City Center).
The subject property is currently zoned R-4 Multi-Family and developed as a
single family residence. The property to the west is zoned R-4 Multi-Family and
is undeveloped; however, the next property over is currently under construction
as an apartment complex. To the south across Krenek Tap Road is undeveloped
Single Family, to the north is R-3 Townhouse developed as townhouse and
duplex, and to the east is R-4 Multi-Family developed as Condominiums.
Again, with the additional information the applicant has provided to staff,
because the location of the stealth tower has been relocated approximately 95-
feet from its original location, and with the large multi-family development under
Created on 3'4/2005.9,.53_AM2/ 2005 10..10 AM I
P:\GROUP\Development ServiceskPianninq&Zoning Cornrnission\Lega1 Review 2005\March 171Cell Tower 903
Krenek Tao CUP.DOCP:(GROUP,HTLTRVPZLTRVPROD1PZ2001VP0010803.DQG
construction, staff feels that the applicant has exhausted all other alternatives
and is recommending approval for this request.
Item Background: The subject property was annexed into the City of College
Station city limits in 1971 and platted March 2005.
Telecommunications Act
The Telecommunications Act of 1996 established guidance for local
municipalities to regulate telecommunications facilities. While the industry
sought to exempt themselves from local regulation, the Act affirms the authority
of local municipalities to regulate. There are basically five conditions set forth in
the act that affect local zoning authority:
1. "Local zoning requirements may not unreasonably discriminate among
wireless telecommunications providers that compete against one another."
2. "Local zoning requirements may not prohibit or have the effect of prohibiting
the provision of wireless telecommunications service."
3. "A local government must act within a reasonable period of time on requests
for permission to place or construct wireless telecommunications facilities."
4. "Any city or county council or zoning board decision denying a request for
permission to install or construct wireless telecommunications facilities must be
in writing and must be based on evidence in a written record before the council
or board."
5. "If a wireless telecommunications facility meets technical emissions standards
set by the FCC, it is presumed safe. A local government may not deny a request
to construct a facility on grounds that its radiofrequency emissions would be
harmful to the environment or the health of residents if those emissions meet
FCC standards." /��t��✓ Eo
Current Ordinance
The City's current ordinance was adopted in December 1997. LG7
Telecommunications Act and address iosepairconcerns over the construction le
of new transmission towers. The approach of this ordinance is to reduce t e-
I separation between towers and encouraging co4location and alternative de igns.
The stealth design element is a key component of the ordinance that was
designed to provide a creative alternative. The stealth design provisions allow
companies a way to provide service in a low im•act form where typical
transmission towers would not be permitted. _ - - .a- -• • - - _ •-_, •
-. • • _ • . - - . _. _ - -
opportunities for new towers and • - _-- - • • ••- • - - - -
•
Created on 3/4/2005 9.53 AMB/$/2005 10:50 AM 2
P:IGROUPDevelopment Serrices1Plannina&Zoning Commission;Leoal Review 2005iMarch 17\Ce/l Tower 903
Krcnu k_Top._CUe,DOOPVGROUP1HT6-T-RFPZL-TRIPRQ1?FP220044P0I110803-DOC
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 existin support structures.
Commission Action Options: TheE: nmissier� has final authority over the
Conditional Use Permi . The ostions regarding the use
permit are: -� ,�,�•;.
1. Approval as submitted;
2. Approval with conditions relating to specific site characteristics Vie- •
--Fi fritetiun5,
3. Denial with specified reasons for denial;
4. Table; or,
5. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Aerial
3. Application
4. Copy of Site, Landscape & Elevation Plan
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 03-01-05 and 04-01-05
Advertised Commission Hearing Dates(s): 03-17-05
Advertised Hearing Dates: 03-17-05 and 04-14-05
Number of Notices Mailed to Property Owners Within 200': 31
Response Received: None as of date of staff report
Created on 3/4/2005 9:53 AM3412005-10:50 AM 3
P:IGROUP\Development Services\Planning&Zonino Commission;Leoal Review 2005\March 17\Cell Tower 903
Krenek TapCUF:DOCP 4G!OUPIHTLTRFPZLTRtPRQDiPZ2004;P00i0803-DOC
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CITY OF COLLEGE STATION
Planning dr Development Services
CITY OF COLLEGE STATION
PLANNING & DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone (979)764-3570 / Fax (979)764-3496
TO: ARTHUR&NANCY WRIGHT FAMILY LIMITED PARTNERSHIP
RE: WRIGHT COLLEGE STATION CELL TOWER
FAX: 979-693-1448
FROM: Lisa Lindgren,Staff Assistant
DATE: March 15, 2005
RE: Agenda &Staff Report
P&Z Meeting, March 17, 2005
Following this coversheet is a copy of the Staff Report that was prepared for the above
referenced project. Please keep in mind that staff's responsibility is to provide the
Planning & Zoning Commission with all pertinent facts of a development case, but that
staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best
interest to send a representative to the Planning & Zoning Commission meeting to speak
on behalf of the proposal.
This item is scheduled for the March 17, 2005, Planning & Zoning Commission
Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101
Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our
office at (409) 979-3570 if you should have any questions. Thanks.
TRANSMISSION VERIFICATION REPORT
TIME : 03/16/2005 09:52
NAME : COCS DEVELOPMENT SER
FAX : 9797643496
TEL : 9797643570
SER. # : BROE2J341073
DATE,TIME 03116 09: 49
FAX NO./NAME 96931448
DURATION 00:03:49
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CITY OF COLLEGE STATION
Planning ef,Development Services
CITY OF COLLEGE STATION
PLANNING & DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone(979)764-3570 / Fax (979)764-3496
TO: PATRICIA TOWERY
SPRINT PCS
RE: WRIGHT COLLEGE STATION CELL TOWER
FAX: 281-618-8486
FROM: Lisa Lindgren,Staff Assistant
DATE: March 15, 2005
RE: Agenda &Staff Report
P&Z Meeting, March 17, 2005
Following this coversheet is a copy of the Staff Report that was prepared for the above
referenced project. Please keep in mind that staff's responsibility is to provide the
Planning & Zoning Commission with all pertinent facts of a development case, but that
staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best
interest to send a representative to the Planning & Zoning Commission meeting to speak
on behalf of the proposal.
This item is scheduled for the March 17, 2005, Planning & Zoning Commission
Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101
Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our
office at(409) 979-3570 if you should have any questions. Thanks.
TRANSMISSION VERIFICATION REPORT
TIME : 0311512005 08:42
NAME : COOS DEVELOPMENT SER
FAX : 9797643496
TEL : 9797643570
SER. # : BROE2J341073
DATE,TIME 03115 08: 40
FAX ND. /NAME 912816188486--170
DURATION 00: 01:56
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CITY OF COLLEGE STATION
Planning&Development Services
CITY OF COLLEGE STATION
PLANNING & DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone (979)764-3570 / Fax (979)764-3496
TO: KELLY MORGAN
WT COMMUNICATION DESIGN GROUP
RE: WRIGHT COLLEGE STATION CELL TOWER
FAX: 972-739-0762
FROM: Lisa Lindgren,Staff Assistant
DATE: March 15, 2005
RE: Agenda&Staff Report
P&Z Meeting, March 17, 2005
Following this coversheet is a copy of the Staff Report that was prepared for the above
referenced project. Please keep in mind that staff's responsibility is to provide the
Planning & Zoning Commission with all pertinent facts of a development case, but that
staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best
interest to send a representative to the Planning & Zoning Commission meeting to speak
on behalf of the proposal.
This item is scheduled for the March 17, 2005, Planning & Zoning Commission
Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101
Texas Avenue. 1 have included a copy of the agenda for this meeting. Please contact our
office at(409) 979-3570 if you should have any questions. Thanks.
TRANSMISSION VERIFICATION REPORT
TIME : 03/1512005 08:36
NAME : COOS DEVELOPMENT SER
FAX : 9797643496
TEL : 9797643570
SER. # : BROE2J341073
DATE,TIME 03115 08: 34
FAX NO./NAME 919727390762--170
DURATION 00:01:58
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STAFF REPORT
Project Manager: Jennifer Reeves Date: 03-02-05
Email:jreeves@cstx.gov
Item: 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.
Applicant: Mike Crain, (Market Director) Fossil Creek Land Company
Staff Recommendation: Staff recommends approval of the Conditional Use Permit as
submitted.
Item 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
Comprehensive Plan Considerations: The subject property and properties to the west
are shown on the Land Use Plan as Single Family Medium Density. The property to the
east is shown as Residential Attached. The property to the south, across Krenek Tap
Road, is shown as Civic Center Property (City Center).
The subject property is currently zoned R-4 Multi-Family and developed as a single
family residence. The property to the west is zoned R-4 Multi-Family and is
undeveloped; however, the next property over is currently under construction as a
retirement project. To the south across Krenek Tap Road is undeveloped Single Family,
to the north is R-3 Townhouse developed as townhouse and duplex, and to the east is
R-4 Multi-Family developed as Condominiums.
Again, with the additional information the applicant has provided to staff, because sitel,
the stealth tower has been relocated approximately 95-feet from its original location, and
with the large retirement development under construction, staff feels that the applicant
has exhausted all other alternatives and is recommending approval for this request.
Item Background: The subject property was annexed into the City of College Station
city limits in 1971 and platted March 2005.
Created on 3/1/2005 10:50 AM i
P:I GROUPI HTLTRI PZLTRIPRODI PZ20041 P0010803.DOC
Telecommunications Act
The Telecommunications Act of 1996 established guidance for local municipalities to
regulate telecommunications facilities. While the industry sought to exempt themselves
from local regulation, the Act affirms the authority of local municipalities to regulate.
There are basically five conditions set forth in the act that affect local zoning authority:
1. "Local zoning requirements may not unreasonably discriminate among wireless
telecommunications providers that compete against one another."
2. "Local zoning requirements may not prohibit or have the effect of prohibiting the
provision of wireless telecommunications service."
3. "A local government must act within a reasonable period of time on requests for
permission to place or construct wireless telecommunications facilities."
4. "Any city or county council or zoning board decision denying a request for permission
to install or construct wireless telecommunications facilities must be in writing and must
be based on evidence in a written record before the council or board."
5. "If a wireless telecommunications facility meets technical emissions standards set by
the FCC, it is presumed safe. A local government may not deny a request to construct
a facility on grounds that its radiofrequency emissions would be harmful to the
environment or the health of residents if those emissions meet FCC standards."
Current Ordinance
The City's current ordinance was adopted in December 1997 and amended in
September 2004. The Ordinance is designed to comply with the Telecommunications
Act and address concerns over the construction of new transmission towers. The
approach of this ordinance is to require separation between towers and encouraging co-
location and alternative designs. The stealth design element is a key component of the
ordinance that was designed to provide a creative alternative. The stealth design
provisions allow companies a way to provide service in a low impact form where typical
transmission towers would not be permitted.
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.
Created on 3/1/2005 10:50 AM 2
P:IGROUPIHTLTRIPZLTRIPRODIPZ20041P0010803.DOC
Commission Action Options: The Commission is a recommending body to the City
Council, which has final authority over the Conditional Use Permit and associated site
plan. The options regarding the use permit are:
1. Approval as submitted;
2. Approval with conditions relating to specific site characteristics or with time
limitations;
3. Denial with specified reasons for denial;
4. Table; or,
5. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Aerial
3. Application
4. Application Requirements for a Major WTF (information available upon request)
5. Search Ring
6. Letter from Bracewell & Patterson L.L.P. Attorneys At Law
7. Copy of Site, Landscape & Elevation Plan
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 03-01-05 and 04-01-05
Advertised Commission Hearing Dates(s): 03-17-05
Advertised Hearing Dates: 03-17-05 and 04-14-05
Number of Notices Mailed to Property Owners Within 200': 31
Response Received: None as of date of staff report
Created on 3/1/2005 10:50 AM 3
P:IGROUPIHTLTRIPZLTRIPRODIPZ20041P0010803.DOC
(0,114.4
CITY OF COLLEGE STATION
Planning er Development Services
CITY OF COLLEGE STATION
PLANNING & DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone (979)764-3570 / Fax (979)764-3496
TO: MIKE CRAIN
RE: WRIGHT COLLEGE STATION CELL TOWER
FAX: -281- 16=298 1--8tpb sa8-6419
PROM: Lisa Lindgren,Staff Assistant
DATE: March 15, 2005
RE: Agenda&Staff Report
P&Z Meeting, March 17, 2005
Following this coversheet is a copy of the Staff Report that was prepared for the above
referenced project. Please keep in mind that staffs responsibility is to provide the
Planning & Zoning Commission with all pertinent facts of a development case, but that
staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best
interest to send a representative to the Planning & Zoning Commission meeting to speak
on behalf of the proposal.
This item is scheduled for the March 17, 2005, Planning & Zoning Commission
Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101
Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our
office at(409) 979-3570 if you should have any questions. Thanks.
CITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
COLLEGE STATION College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
MEMORANDUM
August 27, 2004
TO: Michael L. Crain, Fossil Creek Land ompany
Via e-mail: mcrain@fossilcr:- 'om
FROM: Natalie Ruiz, Development .n. •- 10
SUBJECT: Wright College Station Sprint Cell To - Application (04-188)
This memo is to inform you that we are in receipt of the Wright Cell Tower
Conditional Use Permit Application. We have reviewed the application for
completeness and compliance with the City's Unified Development Ordinance
(UDO). Staff has determined some deficiencies in the application and we need
additional information in order to process your request. The following items are
outlined in Section 6.3.Q, Wireless Telecommunication Facilities in the UDO:
Additional Information Needed:
• The UDO requires "An inventory of the applicant's existing and future
towers that are either within the City, the City's ETJ, or within at least 1
mile of the City's boundary where the ETJ does not extend that far".
Included with the application we have an Inventory map of Sprint PCS
sites within College Station and College Station's ETJ; however, the
following information was not included as required in the UDO:
"The inventory shall include specific information about the location,
design, and height of each tower. The owner must have on file with the
development services department a master list of all existing tower and
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 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".
STAFF REPORT
Project Manager: Jennifer Reeves Date: 03-23-04
Email: jreeves@cstx.gov
Item: 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..
Applicant: Mike Crain (Market Director), Fossil Creek Land Company
Staff Recommendation: Staff recommends denial of the Conditional Use Permit
as submitted.
Item 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.
Comprehensive Plan Considerations: The subject property and surrounding
properties are shown on the Land Use Plan as Single Family Medium Density,
with the property to the south across Krenek Tap Road as Civic Center Property
(known as the City Center property).
The subject property is currently zoned R-4 Multi-Family, and developed as a
single family residence. The property to the west is zoned R-4 Multi-Family and
undeveloped. To the south across Krenek Tap Road is undeveloped Single
Family, to the north is R-3 Townhouse developed as townhouse and duplex, and
to the east is R-4 Multi-Family developed as an apartment complex.
Again, with the subject property in its current context and the majority of the
surrounding properties being undeveloped, staff is recommending denial of this
request.
Item Background: The subject property was annexed into the City of College
Station city limits in 1971. The property is currently not platted, however the
platting process has been initiated.
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:
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P:I GROUPI HTLTRIPZLTRI PRODIPZ20041 P0009358.DOC
• 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.
Commission Action Options: The Commission acts as a recommending body
to the City Council, whom has final authority over the Conditional Use Permit and
associated site plan. The options regarding the use permit are: to recommend:
1. Approval as submitted;
2. Approval with conditions relating to specific site characteristics or with time
limitations;
3. Denial with specified reasons for denial; or the Commission may
4. Table; or,
5. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Copy of Site Plan
4. Letter of Opposition
NOTIFICATION:
Legal Notice Publication(s):The Eagle; 03-16-04 and 04-13-04
Advertised Commission Hearing Date: 04-01-04
Advertised Council Hearing Date: 04-29-04
Number of Notices Mailed to Property Owners Within 200': 31
Response Received: One letter in opposition has been submitted as of date of
the staff report.
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