TOWN STAFF REPORT RECOMMENDATIONS
title
Hold a public hearing, discuss, and consider adopting an Ordinance to approve a Specific Use Permit for a Wireless Cell Tower to be located at 2000 Dove Road, also known as the Town of Westlake Fire Station, an approximately 5.02-acre site. The property is generally located on the northwest intersection of FM 1938 Davis Blvd. and Dove Road. (Helen-Eve Beadle, Interim Town Planner)
a. Staff Presentation
b. Hold Public Hearing
c. Discuss and Consider
d. Act
body
STAFF: Helen-Eve Beadle, Interim Town Planner
EXECUTIVE SUMMARY:
Vertical Bridge has submitted a Specific Use Permit (SUP) application to place a 130-foot stealth cell tower and wireless communications facility behind the Fire/EMS Station No. 1 at 2000 Dove Road. The cell tower and facility will solve a critical gap in wireless service for multiple wireless providers (T-Mobile, Verizon Wireless and AT&T) and provide for the Town of Westlake’s emergency service antennas, the water supply Supervisory Control and Data Acquisition (SCADA) system, Wi-Fi and other municipal uses. The proposed unique stealth design is architecturally consistent with the existing Fire Station Facility.
EXISTING CONDITIONS AND HISTORY OF PROPERTY
The subject property contains 5.027 acres and is platted as Lot 2, Fidelity Investments Addition, Phase 1 (PID 48447729). The property is in the shape of a triangle. West Dove Road and Davis Boulevard are designated as Town Arterials on the Thoroughfare Plan Map, containing four lanes with a median. The property zoned Government Use is currently developed as the Town of Westlake Fire Station No. 1.
The SUP application is the culmination of an agreement, approved by Resolution 22-05 on January 24, 2022, between Vertical Bridge, the company that will construct, operate and lease the wireless communication facility, and the Town of Westlake. Town Council discussions regarding a possible cell tower, on the Fire Station site, date back to December 2018.
Sec. 102-93.1 General regulations state all wireless antenna facilities shall require a SUP. Sec. 102-94.2 Specific use permit for wireless communications facilities states a specific use permit (SUP) shall be obtained for any antenna or wireless communications facility that does not comply with the regulations contained in this division, other than screening requirements. The SUP allows the Town Council to consider each request on its’ own merits, the location, the shape of the lot and the surrounding development.
The Government Use (GU) District is established to apply to those lands where national, state, or local governmental activities are conducted and where governments or their duly created instrumentalities hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan. The GU district specifically gives the Town Council discretion to modify any district development standards. (Sec. 102-124. - District development standards)
The triangular shaped lot has a 100-foot front yard setback on West Dove Road and Davis Boulevard and a single rear yard. The requirements of GU building setbacks and wireless communication facilities setbacks and proposed setbacks are shown in the chart below.
|
Wireless Communication Height Limits and Setbacks |
|
|
Sec. 102-124 GU District* Building Setbacks |
Sec. 102-96 Non-Residential Wireless Communication Facilities |
Proposed Wireless Communication Facility Setbacks |
|
Height: |
3-stories/50-feet |
65-feet or 80-feet if additional height credits are applied (37.5-foot height credit) ** |
130-feet w/4-foot lighting rod |
|
Front: |
50-feet |
Not allowed in FY setback (100-feet) |
100-feet |
|
Rear: |
50-feet |
Allowed behind RY setback |
0-feet |
|
Setback from residential zoning districts |
N/A |
Ratio: 2-feet of setback from residential zoning district (centerline of W. Dove Rd.) for every 1-foot of wireless communications facility height (260-feet) |
±166-feet from residential zoning district (centerline of W Dove Rd) and ±285-feet to nearest residential structure |
* As approved by Town Council
** Height credit ratio: 1.5-feet added in height for each 2-feet of setback beyond the minimum required.
PROPOSED REQUEST
Cell Tower: A 130-foot stealth cell tower with a 4-foot lighting rod is contained in a lease area of 25’ x 25’ (625 SF). The original proposed stealth tower was 150-feet but was proposed to be reduced to 130-feet due to concerns of neighboring property owners voiced at the November 2022 Town Council meeting. The nearest residential structure is located 285-feet and 10-inches south of the proposed location. The monopole located within the stealth communication structure is proposed to be located approximately 24-feet and 3.5-inches from the rear property line. The stealth tower as depicted in the attachment uses the same-colored stone to match the stone used in the Fire Station.
Communication Facility: The communication facility (outdoor equipment and generators) lease area is 50’ x 50’ (2,500 SF) with an 8-foot-high CMU block screening wall with a limestone veneer to match the existing Westlake Fire Station. The area within the screened 50’ x 50’ area is proposed to contain a crushed rock base. The communication facility is adjacent to the rear property line. Both lease areas will be located behind the 100-foot building line from West Dove Road and Davis Boulevard.
A 3-foot-wide mulched landscape area with 24 Burford Holly shrubs spaced at 5-foot-centers is located on the west, south and east sides of the communication facility. A new 12-foot-wide concrete access drive to the communication facility will run north of the existing concrete driveway to the Fire Station located on West Dove Road. A 12-foot-wide double swing access gate will be located on the south side to provide access from the Fire Station driveway. A second 12-foot-wide double swing access gate is provided on the west side to provide access from the communication facility to the cell tower.
CONSIDERATIONS, CONDITIONS & APPLICATION REQUIREMENTS FOR SUP APPROVAL:
Consideration for specific use permit approval. In deciding whether to approve a specific use permit, the town council and planning and zoning commission shall consider the following:
a. The need to provide wireless service to the populace;
b. Effect on the value of the surrounding property;
c. Potential for interference with the use of surrounding properties;
d. Aesthetics;
e. Compatibility with nearby properties;
f. Provisions of 47 CFR 25.104, which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of wireless communication facilities, unless such regulations:
1. Have a clearly defined health, safety or aesthetic objective;
2. Further the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers; and
g. Unique conditions that govern reception on a lot.
Conditions for specific use permit approval. The planning and zoning commission may recommend approval of a SUP if the following conditions are met:
a. The applicant configures its antenna and other equipment to accommodate other providers (as it is reasonably and technically possible);
b. The applicant agrees to give notice to the town identifying any provider who collocates on the site and their backhaul provider;
c. The planning and zoning commission determines that adequate information has been provided to enable the commission to review the application in a knowledgeable and thorough manner. Therefore, the applicant shall provide the following information or shall note why this information is not available:
1. Why location on an existing structure or wireless communications facility is technically not feasible;
2. Permission for collocation of other wireless communication facilities and antennas at the site;
3. Identification of the applicant's backhaul provider connecting antenna sites;
4. Description of how applicant has met the conditions and requirements as presented in this division except as specified on the SUP;
5. Documentation that conclusively demonstrates that such request is necessary and critical to the communications operation of the provider;
Application requirements for building permits and specific use permits. To enable evaluation of all applications for building permits and SUPs for the construction of antennas or wireless communication facilities the applicant shall submit the following information:
a. Describe the proximity to residential structures and zoning districts;
b. Provide a description by text and illustrations of the surrounding tree coverage and foliage;
c. Describe the proposed ingress and egress;
d. Describe by illustration the surrounding topology;
e. Indicate by text and illustration the separation from existing wireless facilities;
f. Describe the fencing materials to be used in screening;
g. Provide a notarized statement by the owner and applicant that the structure will accommodate collocation of other users;
h. Provide a detailed site plan;
i. Describe the nature of the site;
j. Indicate type of structure and/or antenna;
k. Indicate the proposed height;
l. Provide photos or drawings of all proposed equipment, structures and antenna;
m. Describe why the antenna or wireless communications facility is necessary;
n. State the name of the telecommunications providers or other anticipated users of the antenna or wireless communications facility and describe each one's proposed use for the antenna or facility;
o. Indicate whether this site will be connected to other sites; if so, describe how it will be connected and who will be the back haul provider;
p. Address whether or not the applicant has tried to collocate the uses proposed for this antenna or wireless communications facility on existing structures or facilities. Identify the location of the existing sites for which this effort was made. Describe in detail these efforts and explain in detail why these existing sites are not feasible locations. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage;
q. Indicate whether or not collocation will be allowed for other telecommunications providers at the proposed site. If collocation is not allowed, state every reason and the basis for each reason;
r. If the requested location is in a residential zoning district, state whether or not the applicant has tried to locate the antenna or wireless communications facility in a commercial, multiuse, or industrial zoning district. Identify the location of the commercial, multiuse, and/or industrial district sites for which the effort was made. Describe in detail these efforts and explain in detail why these commercial, multiuse, or industrial district sites are not feasible locations. Attach all studies or tests performed which demonstrate why the commercial, multiuse, or industrial district sites will not provide sufficient signal coverage. Material that is proprietary or confidential need not be provided.
s. Indicate on attached maps the applicant's current coverage area for the town and the coverage area resulting from the proposed antenna or wireless communications facility;
t. Describe, in general, the applicant's master antenna and wireless communications facility plan for the town. Attach maps and other related documentation appropriate to illustrate the plan. Provide information indicating potential phasing of the plan, if available;
u. Describe the applicant's plan to minimize the number of antennas and wireless communication facilities needed to cover the town;
v. A written statement of permission from the owner of the structure or property on which the facility is to be located. Building permits and SUPs required by this division shall not be issued for the construction or installation of an antenna or wireless communications facility unless the applicant submits this statement to the planning and development department.
REQUIREMENT FOR DENIAL OF REQUEST FOR SUP:
Written report upon denial of request for building permit or specific use permit. The town shall document in writing any denial of a request to place, construct, or modify wireless communication facilities or antenna. Such documentation shall be supported by substantial evidence within the written record.
SUMMARY:
Should the SUP for a 130-foot stealth cell tower and wireless communications facility located at 2000 Dove Rd as shown on the attached site plan be recommended to Town Council for approval, the following conditions are recommended:
1. Add street names to all pertinent sheets and the widths of those streets.
2. The limestone veneer on the stealth tower shall match the stone used on the Fire Station;
3. Verify measurements and labels for all easements;
4. A building permit is obtained within one (1) year from the date the ordinance granting the specific use permit (SUP) is adopted;
5. No auxiliary or outdoor lighting above 20-feet shall be allowed on wireless communications facility, except lighting that is required by the Federal Aviation Administration or the Federal Communications Commission, or lighting that is a function of a light pole or structure erected for that purpose. No lights other than those required by the Federal Aviation Administration, or the Federal Communications Commission shall direct light off the lot on which the wireless communications facility is located (as required by Zoning Ordinance, Division 2, Section 102-93 General Regulations,(3) Lights);
6. Antennas or wireless communication facilities which are not obviously in use, or which are obviously in need of maintenance, as determined by the town manager or his/her designee, shall be removed or repaired within 30 days following notice given by the town manager or his/her designee. This shall not preclude immediate action by the town manager or his/her designee to safeguard life, limb, health, property, and public welfare. The owner shall remove antennas or wireless communication facilities that are not used for 12 consecutive months. If the town removes such a tower, a lien will be placed on the property to cover removal and administration costs (as required by Zoning Ordinance, Division 2, Section 102-93 General Regulations,(4) Maintenance);.
7. All antennas and wireless communications facilities shall be subject to an inspection every (5) years by a qualified expert. Such inspection shall be conducted by the town in accordance with provisions in the building code for a fee as adopted by the town board of aldermen (as required by the Zoning Ordinance, Division 2, Section 102-93 General Regulations, (5) Inspection);
8. No signs are permitted to be placed, constructed, attached, or otherwise affixed to any wireless facility, other than a sign that is in full compliance with chapter 70 (as required by Zoning Ordinance, Division 2, Section 102-93 General Regulations,(6) Signs); and finding the 130-foot stealth cell tower and communications facility:
a) will be compatible with the surrounding commercial, governmental and residential uses and the fire station facilities;
b) will contribute to the welfare of the area and adjacent properties by providing wireless cell coverage for the town, its’ residents, and its’ businesses;
c) will not be detrimental to the public health, safety or general welfare; and
d) conforms in all other respects to all applicable zoning regulations and standards.
COUNCIL ACTION/OPTIONS
1. Approve the proposed Ordinance;
2. Approve the Ordinance with conditions/modifications;
3. Deny the proposed Ordinance; or
4. Table the item.
PLANNING AND ZONING RECOMMENDATION
The Planning and Zoning Commission considered this item on July 9, 2024. The Commission voted to recommend denial of the item to Town Council by a (4-0) vote.
NEXT STEPS IN THE DEVELOPMENT PROCESS
Should the SUP get approved, the following are the steps in the development process from approval to construction:
1. Approval of site plan (administrative only)
2. Approval of building permit (administrative only)
LINKS TO PERTINENT LEGISLATIVE HISTORY
1) Resolution 22-05 - Lease agreement with Vertical Bridge LINK <https://laserfiche.westlake-tx.org/WebLink/DocView.aspx?id=492072&dbid=0&repo=WESTLAKE>
ATTACHMENT(S):
1) Proposed SUP Ordinance
2) Narrative & Ordinance Compliance Statement
3) New 130’-0” Stealth Communication Structured Plans & Survey
4) Before & After Pictures Illustrating the View from 5 Sites