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CC approval on 9/14/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: September 14, 2004 ITEM #: 14 ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. S-1221-C, Verizon Wireless, zoning change request from C (Commercial) to S-1221-C (Special Use Permit-1221-Commercial), to allow for a maximum 25-foot extension of an existing 75- foot monopole, to allow for a co-location of a wireless communication antenna at a height of 100-feet, with ground-mounted equipment, located 636 Sandy Lake Road. IIII GOAL(S): ~ APPROVED BY CITY COUNCIL ABOVE DATE EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: voting in favor. Commissioners McCaffrey and Halsey opposed. Motion to close the Public Hearing and Approve subject to conditions 1 & 2 M - Brancheau - Peters ote - 6-0 Suhy absent August 19, 2004 Approved (3-2) with Commissioners Milosevich, Foreman and Reese Approval is recommended, subject to the following conditions: 1) The ground equipment area and existing tower be completely enclosed in brick or masomy product, as approved by City staff. 2) The Chief Building Official review and approve signed and sealed structural drawings from a registered structural engineer attesting that the existing tower and foundation are structurally sound to bear the additional weight of a 25' extension with six additional antennae. Staff recommends denial. Agenda Request Form - Revised 02/04 Document Name: ~ 2S-122l-C I-AR CITY OF COPPELL PLANN1NG DEPARTMENT STAFF REPORT CASE NO.: S-1221-C, Verizon Wireless P & Z HEARING DATE: C.C. HEARING DATE: August 19, 2004 September 14, 2004 STAFF REP.: Gary L. Sieb, Planning Director LOCATION: 636 Sandy Lake Road. SIZE OF AREA: Approximately 128-square feet of property. CURRENT ZONING: C (Commemial) REQUEST: S-1221-C (Special Use Permit-1221-Cornrnercial) to allow for a maximum 25' extension of an existing 75' monopole, for co-location of wireless communication antennae at a maximum height of 100', with ground-mounted equipment. (Note: an affidavit attached to this application states a total height of 105 feet---clarify at the hearing) APPLICANT: Dallas MTA, L.P., d/b/a. Verizon Wireless 500 West Dove Road Southlake, TX. 76095 All correspondence to: Mr. Mason M. Griffin Bracewell and Patterson, LLP 500 N. Akard St, Suite 4000 Dallas, TX. &5201 (214) 758-1087 Fax: (214) 758-8387 Page 1 of 4 Item #6 HISTORY: This is a SpectraSite tower location and was originally granted in 1992. It has never been expanded, so a request for co-location on this tower can be requested. TRANSPORTATION: Sandy Lake Road is a C4D, four-lane divided roadway contained within a 90-foot r.o.w. It is currently under construction to a four- lane concrete divided thoroughfare. SURROUNDING LAND USE & ZONING: North - Lee Elementary, single-family housing; C (Commercial) and PD-130-SF-7 South - UPS office, retail, and single-family; R (Retail) and PD-91-SF-7 East - day care, church, and vet clinic; C (Commercial) West- single-family; PD-130-SF-7 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property as suitable for neighborhood retail uses. DISCUSSION: This is a request to co-locate six additional six-foot-long antennae on an existing monopole located behind the UPS facility along the north side of Sandy Lake Road, extending the height of this tower to either 100 or 105 feet. Staff has several problems with this request. First, long standing City policy has limited freestanding antenna pole heights to a maximum of 80 feet. The current pole at this location is 75-feet high. The applicant has stated that a five-foot extension will not provide the spacing between cell antennae needed to properly service the Verizon customer. In addition, the application states a 100-foot height is requested in describing this request, but an affidavit states a 105-foot height is needed. Secondly, as a general rule in Coppell, these antennae are customarily grouped in a series of three antennae. This request is to co-locate six antennae at the top of the tower. Third, the existing 75- foot tower is immediately adjacent to a school playground (Lee Elementary) and lies within close proximity to several single-family homes in Austin Place. Our policy to limit towers to 80 feet is based, in part,on the fact that we want these facilities to not over power residential development in the City. Page 2 of 4 Item#6 A complicating factor is that the existing tower is closer to residential development than any other cell tower in the City. Thus, the 80-foot height maximum plays a significant role in our review of this request. As declared in the Zoning Ordinance, towers are allowed in Coppell based upon protecting residential areas from adverse tower influence (Sec. 12-32A-0(1). The Ordinance goes on to state that these towers are encouraged to locate in non-residential areas in order to minimize their adverse impact on the community. Finally, the existing antenna was located on this site before the Zoning Ordinance provided a Wireless Communication Towers section. In addition, the tower was constructed prior to the adjacent Austin Place subdivision development, and with today's development standards, is not compatible with the surrounding residential neighborhood. Based upon the fact that the 75-foot tower is already here, staff could support co- location without additional height and provided a maximum of three antennae were located on it. The application being requested here is proposing an expansion that negatively affects the surrounding community, and we cannot support it in its present form. If co-location could occur on the existing tower at the present height, we would be more inclined to offer a positive recommendation to this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends DENIAL of this request for the reasons stated above. ALTERNATIVES 1) 2) 3) 4) Recorranend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Page 3 of 4 Application Submittal Package a) letter of introduction (2 pgs.) b) existing/future cell tower coverage (2 color pgs.) c) application d) proposal description (2 pgs.) e) antenna cut sheet/site layout of ground equipment (2pgs.) f) reduced site plan g) parcel description (2 pgs.) Item #6 h) affidavits/exhibits of David R. Mason and David Franks (6 pgs.) i) search ring j) photos of cell site (4 color photos) k) full sized site plan Page 4 of 4 Item #6 RACEWELL ATTE RSONL. . 500 N. Akard Street, Suite 4000 Dallas, Texas 75201-3387 Phone: 214.758.113130 Fax: 214.758.1010 Mr. Gary L. Sieb Director, Planning Department City of Coppell 255 Parkway Blvd. Coppell, TX 75019 Re: August 9, 2004 By Messenger Revised Zoning Application for approval on antenna site for Verizon Wireless Dear Mr. Sieb: Please allow the attached to serve as the Zoning Application filed by Dallas MTA, L.P., d/b/a Verizon Wireless CVerizon Wireless") for the following site: 636 Sandy Lake Road (Coppell East Site) Veriz0n Wireless hereby applies for administrative approval and, in the alternative, a special use permit for the construction of the tower improvements herein described. We have previously enclosed a check for $405.00 representing the filing fee for the application. Please consider the propagation maps contained in the application as the inventory of existing sites required under Section 12-32A-3(C) of the Code of Ordinances of the City of Coppell. Section 12-32A-3(F) requires that towers comply with all FAA/FCC regulations. The full review of this site is still in process, but we do not anticipate any problems with compliance with FAA or FCC regulations. Section 12-32A-3(G) requires that towers comply with buildings codes and applicable standards for towers. Verizon Wireless will be applying for a building permit for the site and requests approval of the application subject to the requirement that Verizon Wireless obtain a building permit from the City of Coppell prior to the commencement of any construction. Section 12- 32A-3(L) prohibits any signage on any antenna or tower. As indicated on the photo simulations attached to the application, Verizon Wireless will not attach any signs to any antenna or tower. DALLAS~221300.1 Houston Austin Corpus Christi Dallas Fort Worth San Antonio Washington, D.C. Northern Virginia London Almaty { RACEWELL Section 12-32A-6(B)(1)(k) of the City Code requires a description of feasible locations of future towers or antenn&s within the City. This determination is typically made as the need for such towers arises. As indicated in the Affidavits that accompany the application, this site will provide coverage to a major portion of the City and will fill existing gaps in coverage. For your benefit, I have attached two propagation maps as Addendum A to this cover letter. The first indicates the present coverage of the City, and the second shows the coverage upon completion of the tower covered by this application as well as the other two site presently under review by the Planning Department. Please note that this cover letter and all attachments should be made a part of the public record with respect to the application attached hereto. Please contact with me with any questions or concerns. Very truly yours, Bracewell & Patterson, L.L.P. Mason M. Griffin /mmg Attachments T H E - C I T '( - 0 F COPPELL Zoning Application Planning Department 255 Parkway Blvd. Coppell, Texas 75019 Phone: 972-304-3678 Fax: 972-304-7092 Filing Date: June 11, 2004 Filing Fee: Name of Applicant: Dallas MTA, L.P., d/b/a Verizon Wireless Applicant Address: 500 West Dove Road, Southlake, TX 76092 $405.00 Telephone Number: Zoning Requested: (682) 831-3226 Fax Number: (682) 682-3282 Present Zoning C Proposed Zoning See aRached Total Number of Acres: 0.003 acres (128.46 square feet) Property Location: 636 Sandy Lake Road, Coppell, TX (Coppell East) Reason(s) for Zoning Change: See attached NOTE: Applicant is responsible for erecting, maintaining and removing a sign notifying the public of the pending zoning application. The sign shall be posted ten (10) days prior to the Planning Commission meeting and shall be removed after the City Council's approval or disapproval of the application. Failure to erect the sign at least (10) days prior to the Planning Commission hearing may result in postponement of the zoning case until this condition is met. Deposit in the amount of one hundred and fifty dollars ($150.00) for the metal, full-frame zoning change sign. and one-hundred dollars ($100) for window signs will be required. The deposit will be refunded by mail after the sign is returned in good condition to the Planning Department. Name of Representative: Mason M. Griffin Name of Property Owner: Blackstone Investors, Ltd. Address of Property Owner: Signature of Property Owner: NM 87504 505-gRR-3883 Date: d'/fl'°f 636 Sandy Lake Road Coppell East Site Verizon Wireless has negotiated a Site Agreement with Southern Towers, Inc. ("Southern Towers") in order to collocate on Southern Tower's existing seventy-five foot (75') monopole located at this site. The tower will be extended to one hundred feet (100') to accommodate the Verizon Wireless antennas..Southern Towers has a leasehold interest by virtue of that certain Lease Agreement dated June 17, 1992, from Food Lion, Inc. to Dallas SMSA Limited Partnership (predecessor in interest to Southern Towers). According to the pertinent portion of Section 12-32A-5(B) of the City Code, the city planning director may approve an antenna which is attached to an existing tower, provided (i) the type of tower is not affected, (ii) a height extension may not exceed thirty feet (30') over the existing tower's height, (iii) the height change may only occur once in the lifespan of the tower, and (iv) the additional height shall not require additional distance separation as required in Section 12- 32A-6 of the City Code. Additional restrictions are place on towers that are being relocated within the property, but Verizon Wireless will not be relocating the tower. Type of Tower The existing seventy-five foot (75') monopole will be extended by twenty-five (25') feet and will remain a monopole type construction. Height Extension The tower will need to be extended a total of twenty-five feet (25') to accommodate the Verizon Wireless antennas. This extension is indicated in the photo simulation attached to Addendum E which shows before and after shots of the proposed extension. Verizon Wireless will attach six antennas to the extension. Diagrams and specifications of the antennas (including dimensions) are attached to Addendum A. Histor~ of Height Changes According to Lisa Schmidt of SpectraSite, the tower was constructed in 1992 and has never been extended. Distance Separation Please review the Site Plan attached as Addendum B for information related to distance separation requirements as required under Section 12-32A-6 of the City Code. Additional Materials The proposed extension to the tower meets all of the requirements for administrative approval described in the City Code. Additionally, we would like to provide the following information as required under Section 12-32A-5(A)(2) and (3): DALLAS~221300.1 Site Plan Attached as Addendum A Legal' Descriptions of parent tract Attached as Addendum B and leased parcel Setback distances As shown on Addendum A Separation distances As shown on Addendum A Landscape Plan As shown in Addendum D RF Affidavit Attached as Addendum C Site Acquisition Affidavit Attached as Addendum D Method of fencing, color and As shown in Addendum D camouflage Description of Compliance with As shown on Addendum C Sections 12-32A-3(D) of City Code Description of Compliance with Tower will not be lit Sections 12-32A-3(E) of City Code Description of Compliance with As shown on Addendum A Sections 12-32A-3(M) of City Code Statement of collocation To be determined by owner of accommodation capacity tower - SpectraSite Identification of entity providing Dallas MTA, L.P., d/b/a Verizon network Wireless Description of suitability of existing As described in Addendum D towers, other towers, etc. We specifically request that all exhibits be entered into the record as submitted. Addendum A See attached Site Plan DALLASX221300.1 Coppell East 636 Sandy Lake Road Equipment Specifications Dimensions of equipment cabinets: Color of equipment cabinets: 35.4" x 40" x 72" Mushroom DALLAS~225716 1 -2- Addendum B Parent Tract Description Being a tract of land situated in the S.M. HIATT SURVEY, Abstract No. 638, City of Coppell, Dallas County, Texas and being all of Lot 1, Block A, SANDY LAKE ADDITION as recorded in Volume 91054, Page 104.4 of the Deed Records of Dallas County, Texas; said tract being more particularly described by metes and bounds in EXHIBIT A 1N SPECIAL WARRANTY DEED RECORDED IN VOLUME 96244, PAGE 2681, DEED RECORDS OF DALLAS COUNTY, TEXAS. Spectrasite Lease Site Description Being a tract of land situated in the City of Coppell, Dallas County, Texas and being all of Lot 1, Block A, Sandy Lake Addition, an addition to the City of Coppell according to the plat recorded in Volume 91054, Page 1044, Deed Records of Dallas County, Texas and being more particularly described as follows: Commencing from a 5/8" iron rod found, being the northwest comer of said Lot 1; Thence South 0033'47'' West, with the west line of said Lot 1 a distance of 77.92 feet to a point for comer; Thence South 89°28'21'' East, leaving the west line of said Lot 1, a distance of 167.65 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer, being the Point of Beginning on the herein described tract; Thence North 00°31'39" East. a distance of 24.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer; Thence South 89°28'21" East, a distance of 40.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer; Thence South 00o31'39'' West, a distance of 24.00 feet to a I/2" iron rod with yellow plastic cap stamped "RLG" set for comer; Thence North 89°28'21" West, a distance of 40.00 feet to the Point of Beginning and containing 960 square feet or 0.0220 acres of land, more or less. (As shown on a survey by G. Richard Busby, RPLS #4111 and also shown on EXHIBIT "A" OF MEMORANDUM OF LEASE AGREEMENT RECORDED IN VOLUME 93218, PAGE 1809, OFFICIAL RECORDS OF DALLAS COUNTY, TEXAS). Verizon Wireless Lease Site Description A tract of land lying in and being part of Lot 1, Block A, SANDY LAKE ADDITION as recorded in Volume 91054, Page 1044, Dallas County Deed Records and described in Volume 96244, Page 2681, Deed Records of Dallas County, Texas; said tract being more particularly described as follows: Commencing at a 1/2" iron rod found for the Northwest comer of the above described 0.022 acre Lessor Lease Site, (AS RECORDED IN VOLUME 93218, PAGE 1813); Thence N 89°28'21'' E on the North line of said Lessor Lease Site, a distance of 13.21 feet; Thence S 01004'37" E perpendicular to said North line, a distance of 16.41 feet to a 1/2" iron rod set for the Northwest comer, said comer being the Point of Beginning; Thence N 89059'25'' E a distance of 14.14 feet to a 1/2" iron rod set for the Northeast comer; Thence S 00°00'35'' E a distance of 7.00 feet to a 1/2" iron rod set for the Southeast comer; Thence S 89059'25'' W a distance of 22.56 feet to the DALLASL221300.1 1/2" iron rod set for the Southwest comer; Thence N 50015'09" E a distance of 10.95 feet to the Point of Beginning, containing 128.46 square feet or 0.003 acres, more or less. Addendum C See attached RF Affidavit DALLAS~221300. I Coppell_East 167565B RF Affidavit AFFIDAVIT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, this day personally appeared David R. Mason, who being by me first duly sworn, on oath says as follows: "My name is David R. Mason. I am over the age of 18 and have never been convicted of a felony or crime involving moral turpitude. I have been working as a radio frequency engineer for over 26 years. I have personal knowledge of the facts and statements contained herein. "I am the Manager of RF System Design for Dallas MTA, L.P. d/b/a Verizon Wireless ("Verizon Wireless") in the Dallas-Fort Worth Market. Verizon Wireless has conducted radio frequency studies of the area surrounding the proposed wireless communications facility site located at 636 Sandy Lake Road, Coppell, Texas (the "Proposed Site"). Attached to this affidavit and incorporated herein by reference as Exhibits A and B are propagation studies depicting simulated radio frequency coverage in the area of the Proposed Site both before (Exhibit A) and after (Exhibit B) the Proposed Site is constructed and activated. Exhibit A is a true and accurate simulation of existing radio frequency coverage in the area of the Proposed Site and shows varying degrees of less than optimum coverage in the general vicinity of the Proposed Site, including, without limitation, existing significant gaps in coverage. In real world terms, the colors indicate the following: White -- No coverage Brown = Coverage outdoors Blue = Coverage inside vehicles Red = Coverage inside residences Green = Coverage inside commercial buildings This evidence conclusively demonstrates Verizon Wireless' need for the Proposed Site. As shown in Exhibit B, following construction and activation of the Proposed Site, Verizon Wireless' coverage and capacity needs in the immediate area of the Proposed Site will be substantially satisfied. "This Proposed Site will provide optimal coverage for the residential areas surrounding the Proposed Site and will serve both coverage and capacity needs for a 3/4 mile radius around the intersection of Sandy Lake Road and Samuel Boulevard in the immediate vicinity of the Proposed Site. DALLAS~221298 1 The Proposed Site will fill existing significant gaps in the ability of remote users of Verizon Wireless' wireless network to access the national telephone network. "The minimum height of the pole at the Proposed Site, when coupled with Verizon Wireless' existing system, necessary to meet Verizon Wireless' radio frequency coverage and capacity objectives is one hundred (100) feet. The Proposed Site, as designed, will substantially accomplish Verizon Wireless' radio frequency goals in the area while minimizing any aesthetic impact to the community." FURTHER, Affiant sayeth not. Dav d~R. Mason SWORN TO AND SUBSCRIBED BEFORE ME this 2004, by k% b.-,x'&,k~-,~x-*~ My commission expires: __ day of ~ Not~ffy Public, in ana for {he State o~Texas DALLASk221298.1 -2- EXHIBIT A To Affidavit of David R. Mason See attached Propagation Map Coppell_East 167565B RF Affidavit DALLAS~221298. I EXHIBIT B To Affidavit of David R. Mason See attached Propagation Map Coppell_East 167565B RF Affidavit DALLAS~221298.1 Addendum D See attached Site Acquisition Affidavit DALLAS~221300.1 Coppell_East 167565B Affidavit of David Franks AFFIDAVIT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, this day personally appeared David Franks, who being by me first duly sworn, on oath says as follows: "My name is David Franks. I am over the age of 18 and have never been convicted of a felony or crime involving moral turpitude. I am the Site Acquisition Agent for Dallas MTA, L.P. dPo/a Verizon Wireless ("Verizon Wireless") responsible for the Search Ring encompassing the Coppell East Site. I have worked as independent contractor for Verizon Wireless, or its predecessor, in this capacity for the past seven years. I have personal knowledge of the facts and statements contained herein and they are all true and correct. "I have been personally involved in the identification of viable candidates and in the negotiations with potential lessors for this site. Verizon Wireless issued a "search ring" for this site in 2003 (attached hereto as Exhibit A). This area is surrounded by residential developments, limiting the possible options for a tower. Initially, I contacted St. Ann's Catholic Church ("St. Ann's") about collocating in the clock tower located in the adjacent shopping center. AT&T and Sprint currently have equipment located in this tower which is owned by St. Ann's. St. Ann's and a representative from AT&T informed me that the tower had no more room for additional equipment. Additionally, St. Ann's plans to tear down the tower and shopping center and build a school on the property. I then contact St. Ann's about collocating in their existing bell towers. Unfortunately, Verizon Wireless and the church were not able to reach mutually-acceptable terms of an agreement." "I next contacted SpectraSite about collocating on a seventy-five foot (75') existing tower at 636 Sandy Lake Road, behind the UPS building. SpectraSite was agreeable to the arrangement, but coverage needs require that the existing tower be extended twenty-five feet (25'). Verizon Wireless' antennas would be installed at the top of the extension at an elevation of one hundred feet (100'). The extension as well as the 7' x 22.56' x 10.95' x 14.14' space for the equipment shelter are indicated on the photo simulations attached hereto as Exhibit B. DALLAS~2212961 FURTHER, Affiant sayeth not. David Franks SWORN TO AND SUBSCRIBED BEFORE ME this David Franks. My commission expires: ~>/,~t4 day of August, 2004, by Notary Public, in and for the State of Texas Coppell_East 167565B Affidavit of David Franks Exhibit A See attached Search Ring DALLAS~.21296 1 Dallas MSA, Kitchen Coverage infill site project Coppell East site - Search ring Approximation/area Dallas MAPSCO 2000 Street Map Verizon Wireless/South Area North Texas RF Engineering Search Ring / Search Area DeScription Project Name: Proposed Site Name: Proposed Site County: Market Name/Number: T-cell ID: Dallas MSA Kitchen Coverage Infill Coppell East Dallas County, Texas Dallas-Fort Worth MSA (Dallas-Fort Worth MTA) 167565 Ideal Location: Desired Tower: Desired Antenna Height: Map References: 32°58'11" lat, 96°58'12" lon, 500' elev Existing Structure 70' ACL USGS 7.5' quad - Carrollton, Tex Dallas MAPSCO 2000 -Map lA Grid V Coverage Desired: This site will provide coverage to eastern section of the city of Coppell. Site Location Selected: Area >500' elevation at the intersection of E. Sandy Lake road and. Mockingbird Lane. Known Towers: All the existing towers in the area are too far and will not fit into grid. AM & FAA Tower Searches: Nearest AM station is 3.4km (KLIF), outside the 3.0km criteria for directional stations. Site is 5 miles from DFW International airports and passed the basic slope test. Attachments: 1) Section of 7.5' USGS quadrangle with search area indicated. 2) MAPSCO page with approximate search area indicated. 3) MapQuest plot of ideal location. 4) Listing of FAA Antenna Structure Registrations (ASR) in the area. 5) AM tower search results from FCC website. 6) TOWAIR search results from FCC website. Issued by RF Engineer: Charles O. Nebe Approved by RF Manager: David R. Mason Rec d by Site Acquisition: Date: July 22, 2003 Date: Date: C:kDOCUME-t \gfifinmkLOCALS- l\Temp\CoppellEastl_SearchKing072203.doc Printed: 07/06/04 Coppell_East 167565B Affidavit of David Franks Exhibit B See attached Photo Simulation DALLAS~221296A © Z~ O~ © > ×g