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Planning & Zoning CommissionPage 2 of 93September 3, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0567-T Version:1 Name:
Type:Agenda Item Status:Public Hearing
File created:8/28/2015 In control:Planning & Zoning Commission
On agenda:9/3/2015 Final action:
Title:Public hearing regarding a request for a Conditional Use Permit for a wireless antenna facility located
on 0.006 acres within Tract C, Section 8, Trophy Club Addition along SH 114 between Trophy Lake
Drive and Trophy Club Drive, south of Roaring Creek Court; Applicant: Verizon Wireless.
Attachments:Final Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
Exhibit E.pdf
DateVer.Action ByActionResult
PublichearingregardingarequestforaConditionalUsePermitforawirelessantennafacilitylocatedon0.006acres
withinTractC,Section8,TrophyClubAdditionalongSH114betweenTrophyLakeDriveandTrophyClubDrive,south
of Roaring Creek Court; Applicant: Verizon Wireless.
Planning & Zoning CommissionPage 3 of 93September 3, 2015
STAFF REPORT
Planning and Zoning Commission
September 3, 2015
CUP-15-006: Request for a Wireless Antenna Facility
SUBJECT
:
Discussion and recommendation regarding a request for a Conditional Use Permit
for a wireless antenna facility located on 0.006 acres within Tract C, Section 8,
Trophy Club Addition along SH 114 between Trophy Lake Drive and Trophy Club
Drive, south of Roaring Creek Court.
REQUEST:
Griffin/Harris, PLLC, on behalf of Verizon Wireless, is requestinga Conditional Use
Permit(CUP)to add a Level Four Stealth wireless antenna facility on an existing Oncor
electric transmission support pole along SH 114.According to the application (attached)
the existing support pole is approximately 98feet in height and the proposed antennas
would be located at a height of 85 feet and95 feet respectively, making the new top of
the tower approximately 100 feet in height.
The ground support facilities would be located on a 240 square foot pad site adjacent to
the support pole containing the proposed antennas. The pad site would include
communications equipment situated on a concrete slab enclosed by a split-face, concrete
masonry unit wall, eight (8) feet, six (6) inches in height.The pad will be accessed by a
driveway connecting to the SH114 service road. The driveway is required to be concrete
or asphalt and will require final approval by the Texas Department of Transportation
(TxDOT).
CURRENT CONDITIONS:
The propertyportion in questionis platted as part of Tract C, Section 8, Trophy Club
Addition and is zoned R-9 Single Family Residential District. Tract Cis 6.56 acres in
size,is owned by the Town of Trophy Club,and contains open space including a
screening berm and a 30 foot wide Oncor electric transmission right-of-way adjacent to,
and along, SH 114 right-of-way.
ZONING REQUIREMENTS
Wireless antenna facilities may be approved administratively if the proposed antenna
complies with all requirements of Section 5.10 of Chapter 13-Zoning Regulations in the
Code of Ordinances (attached). However, any request that does not comply with the
Page 1 of 4
Planning & Zoning CommissionPage 4 of 93September 3, 2015
provisions of Section 5.10 must be approved legislatively through the approval of a CUP
by the Planning and Zoning Commission and the Town Council. A Level Four Stealth
Facility is defined as follows: “The antenna on a Level 4 Stealth facility is located on an
existing structure (other than an antenna facility) including, but not limited to, a building,
water tower, utility tower, steeple, or light pole. The antenna is not screened nor hidden.
For the purpose of this level, a pole or tower may be reconstructed to structurally hold the
antenna but shall not be any higher than the original structure that it is replacing.”
The following is the Antenna Facility Siting Matrix in Section 5.10 determining whether
or not a CUP is required:
The CUP is required given the proposed facility is located in both the WC and DR zones
and is classified, as mentioned above, as a Level 4 Stealth facility.
The WC zone is defined as follows: “Wireless Corridors "WC": Property within, and one
hundred fifty feet (150’) either side of, the right-of-way of a freeway or a major or minor
arterial roadway, as indicated on the Town’s Thoroughfare Plan.”
“
The DR zone is defined as follows:Developed Residential "DR": Property within the
R-15, R-12, R-11, R-10, R-9, R8, R-FV, R- TT, T-OH, R-OHF, R-S, MH,or any
residentially zoned Planned Development districts, which:
a. Is a recorded subdivision that has had at least one building permit for a residential
structure; or
Page 2 of 4
Planning & Zoning CommissionPage 5 of 93September 3, 2015
b. Is within the exterior surfaces of an existing primary residential structure; or
c. Is within six hundred feet (600’) of areas described by paragraphs 4.a and 4.b above.”
SITE SPECIFICS
Section 5.10 requires landscaping around a wireless antenna facility pad site but does not
specify the type of landscaping required. No landscaping is proposed for the site. The
pad site will be located where an existing screening berm, approximately 10 feet height,
located. The berm exists to buffer SH 114 traffic from the residential neighborhood to
the north. The pad site will cut approximately eight feet into the berm with the pad built
at a grade that is level with the base of the support pole. Upon construction, the modified
portion of the berm would then slope sharply on the north side of the pad until it matches
the existing gradeat the top of the berm. No retaining wall will be constructed and a
French drain will be installed to move water from behind the pad toward the SH 114
service road.
PUBLIC NOTICE REQUIREMENT:
Per the requirements of the State of Texas and the Trophy Club Code of Ordinances, a
notice of public hearingconcerning the zoning requestwas published in the Fort Worth
Star Telegram. Notice was also mailed to nineproperty owners within 200 feet of the
subject property. To date no correspondence has been received.
STAFF REVIEW AND RECOMMENDATION
:
With the exception of landscaping, the proposed wireless antenna facility meets the
requirements of Section 5.10 and the Code of Ordinances.
Section 5.10 states that in considering whether to grant a Conditional Use Permit, the
following shall be considered by the Planning and Zoning Commission and the Town
Council:
a. The effect that location of the Antenna Facility will have on the monetary value of the
surrounding property;
b. The potential for interference with the enjoyment of the use surrounding properties;
c. Aesthetics; Impact, including but not limited to, the surrounding topography,
surrounding tree coverage and foliage; proposed buffering; and the design of the Antenna
Facility, with particular reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness;
d. The proposed height of the antenna facility relative to surrounding structures;
e. The zoning district and the adjoining zoning districts of the property for which
Conditional Use Permit is sought;
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Planning & Zoning CommissionPage 6 of 93September 3, 2015
f. The unique conditions that govern reasonable reception on the antenna facility on any
given lot; and
g. The availability of suitable alternative sites: Suitable alternative site(s) shall mean a
location or locations that would provide the same or better signal coverage than the
proposed site for which a conditional use permit is requested. The applicant shall provide
documentation supporting his contention that alternative site(s) are not suitable and/or
available.
A similar antenna facility exists on an Oncor electric support pole along SH 114 between
Trophy Club Drive and Trophy Wood Drive south of Lake Forest Court. The CUP for
this facility was granted in 2001 with similar conditions, including residential proximity,
with minimal impact.
Staff recommends approval.
Attachments: Exhibit “A” –Application and Related Attachments
Exhibit “B” – Construction Plans and Exhibits
Exhibit “C”–Before and After Site Pictures
Exhibit “D” – Section 5.10 Zoning Regulations-Wireless Antennas
and Antenna Facilities
Exhibit “E”– Location and Zoning Maps
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Exhibit "A"
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Exhibit "D"
Section 5.10 Wireless Antennas & Antenna Facilities
A.Purpose: Wirelesstelecommunications facilities usedintransmittingandreceivingsignal energy are
essential and promote the health,safety, and general welfareof thecitizensofthe Town.The
purpose of this section is to governthe placement of these facilities to:
1.Assure that their locationand use do not compromise the aesthetic quality of the community;
2.Encourage operators of antenna facilities and antennasto locatethemin areaswherethe
adverse impact on the community is minimal;
3.Encourage co-location on both new andexisting antenna facilities;
4.Encourage operators of antenna facilities and antennas toconfigure them in a waythat
minimizes the adverse visual impactthrough carefuldesign,landscape screening,and
innovative stealth techniques;
5.Enhancetheabilityofantenna facilitiesand antennas to provideservices to the community
effectively and efficiently; and
B.Definitions: Inthis sectionthefollowingdefinitions apply:
Alternative Tower Structure:
Clock towers, bell steeples, light poles and similaralternative-design
mountingstructuresthatcamouflage or conceal the presenceofantennasor towers. Seealso the
definition of “stealth facility”.
Amateur RadioAntenna:
A radio communicationantenna used by a person holding an amateur
station license from the FederalCommunications Commission.
Antenna:
A deviceused incommunications,whichtransmitsorreceivesradiosignals,digital
signals, analog signals, radiofrequencies (excludingradar signals), wirelesstelecommunications
signals or other communication signals.
Antenna,BuildingAttached:
Antenna attachedtoanexistingstructureintwo general forms: (1)
roof-mounted,inwhich antennas are placed on the roofsofbuildings, or (2) building-mounted,in
which antennas are placed onthe sidesofbuildings. Theseantennas can also be mountedon
structures such as water tanks, billboards, churchsteeples, electrical transmission towers, etc.
AntennaFacility:
Any structure, monopole, tower, or lattice tower used to support antennas.
Co-location:
Theactoflocating wirelesscommunications equipmentformorethanone use ona
single antenna facility.
Equipment Storage Building:
An unmanned, singlestory equipment building usedto house radio
transmitters and related equipment.
Monopole:
A self-supportingantennafacilitycomposedof asingle spireusedtosupport
communications equipment or other visible items.
Preexisting Towers and Preexisting Antennas:
AnyTower or Antenna for which a building permit
or conditional use permithas beenproperlyissued priortothe effectivedateofthisOrdinance,
includingpermittedtowersor antennasthathave notyetbeen constructedso long as such approval
is current andnot expired.
Chapter 13 -Zoning
Planning & Zoning CommissionPage 73 of 93September 3, 2015
Exhibit "D"
Satellite Receive-OnlyAntenna:
Anantennathat enables the receipt of televisionsignals
transmitted directly from satellites to beviewed on atelevision monitor. Such antennas are
commonly known as asatellite dish, television receive-only antenna, dish antenna, parabolic
antenna, or satellite earth station antenna.
Stealth Facility:
“Stealth”isa generic term describing a method that would hide or conceal an
antenna, supporting electrical or mechanical equipment, or anyother support structure that is
identicalto,or closely compatiblewith, thecolor of thesupportingstructure so as to make the
antenna and related equipmentas visuallyunobtrusiveas possible tothesurrounding neighborhood.
Stealthfacilitiesmayincludetotallyenclosedantennas,wirelessfacilitiesthat replicateorduplicate
the construction of common structures such asflagpoles,Alternative TowerStructures, and
camouflaged wireless facilities that areconstructed to blend into thesurrounding environment.
Tower:
Any structure that is designedand constructed primarily for the purpose of supporting one or
more antennas for telephone, radio and similar communication purposes. This includesself-
supporting lattice towers, lightstandards,guyed towers,monopole tower,alternativetowerfacilities
or any other verticalsupport.This also includes the structure and any support thereto.
Tower, Lattice:
A self-supporting tower having three orfoursupport legswith cross-bracing and the
capacity to hold a numberand a variety of antennas.
TV Antenna:
An antenna that enables thereceipt of television signals transmittedfrombroadcast
stations.
C.Applicability/General Regulations:Thefollowing regulations apply to all antenna facilities and
antennas located within any district:
1.Applicability: Except as specificallyprovided,all new Towers or Antennas in the Town of
TrophyClub shallbe subjectto the regulations contained in this Ordinance. Preexisting
Towers or Antennas shall notbe requiredto meetthe requirementsofthis Ordinance,other
than those contained in Sections 5.10(C)(9) & (11) below.
2.EquipmentandStorage Building: Anequipmentstoragebuildingassociatedwithanantenna
facilityoran antenna shall bescreened andlandscaped as describedinother sections ofthis
ordinance, or be incorporated into the stealth treatment so that it is consistent and
complementarywiththe existing structures and uses onthe premises.Masonry construction
meetingthe definitionof masonry as provided herein: Alternativematerial thatachieves
compatible screening may be permitted upon approval bythe Town Council and
recommended by the Planning and Zoning Commission.
3.Driveway Surfaces:Alldriveways accessinganyantenna facilitysite or equipmentstorage
site shall have an asphaltor concrete pavement.
4.Nooutdoor lightingshallbeallowed on antennas located on residentially zonedproperty
except lightsor lighting thatisby required by the Federal AviationAdministration or the
Federal Communications Commission.
5.Antenna FacilityCapacity: Anantenna facilityshall nothavemorethanthe number and size
ofantennas attachedtoitthanareallowedby theantenna facilitymanufacturer's designs and
specifications for maximumwind loadrequirements.
6.Monopoles: No guy wires are permittedwith the useof monopoles.
Chapter 13 -Zoning
Planning & Zoning CommissionPage 74 of 93September 3, 2015
Exhibit "D"
7.Prohibited inEasements: Antennafacilities constructedsolelyforthepurposeofsupporting
antennasshall not be placed in an easement, unlessauthorized by the easement holder.
8.ConstructionStandards: A building permitmust be obtained priorto the construction or
installation of atower, antenna, or mast. An antenna facility must be installed according tothe
manufacturer’s recommendations or under the sealof a registered professional engineerof
theStateofTexas.Additionally,allAntenna Facilities shall complywith applicable stateand
local buildingcodes.
9.Building Codes /Safety Standards: The exemption of anAntenna Facility from the
requirementtoobtain a conditionalusepermitunderthisOrdinanceshall notexemptthe
ownerofsuchFacilityor hisagentsfrom compliancewith permitting,BuildingCodeorthe
requirementsofotherapplicable Ordinances. To ensure the structuralintegrityofAntenna
Facilities,theownerofanAntenna Facilityshall ensurethatit is maintained in compliance
withstandards contained in applicablestate or local buildingcodes and applicablestandards
fortowers thatarepublishedbytheElectronic Industries Association,asamendedfromtime
totime. Ifuponinspection, theTownconcludesthat anAntennaFacilityfailstocomplywith
such codes andstandards and constitutesa dangerto personsor property,then upon written
notice to the ownerof the Tower, the owner shall havethirty(30)daysto bring such tower into
compliance with applicablestandards. Failure to bring such tower into compliance shall
constitute grounds for the removaloftheAntenna Facilityattheowner’s expense. Thisnotice
requirement shall not precludeimmediate action bytheBuilding Official as allowed by law if
public safety requires suchaction.
10.ContainedonProperty: Nopartofanantennafacility,antennas,orotherattachmentmay
extend beyond the property lines of the lot on which the antennaor antenna facility is located.
11.StateorFederal Requirements:All Towers must meetor exceed current standards and
regulations oftheFAA,theFCC, and any other agencyof the stateorfederalgovernment
withtheauthorityto regulate Towers andAntennas.If suchstandards and regulationsare
changed,and ifthecontrollingstate or federal agencymandates compliance,then the owners
ofthe Towers and Antennas governedbythis Ordinance shall bring such Towers and
Antennas intocompliancewithsuch revisedstandardsandregulationswithin six(6) months
of the effectivedate of such standards andregulations, unlessadifferentcompliance
schedule is mandated by the controllingstate or federal agency.
12.ConditionalUsePermitRequirement: A Conditionalusepermitshallberequired foran
antenna or antenna facility whichwillnot comply withany requirementofthis section. See
Section J. Conditional use permits
D.AmateurRadioandTV Antennas:AmateurradioandTVantennas are permitted asaccessoryuses
inthe R-15, R-12, R-11, R-10, R-9,R8, R-FV, R-TT, T-OH, R-OHF, R-S,MH,orany residentially
zoned Planned Development districts. Amateur radio andTV antennas must complywith the
following regulations:
1.Antenna FacilityType: Theantenna facilitymay be either buildingattached, a monopole,
tower, or a lattice tower.
2.Numberof Facilities Per Lot:Onlyoneantenna facilityexceeding thirty-fivefeet(35’)inheight
is permitted on each lot.
Chapter 13 -Zoning
Planning & Zoning CommissionPage 75 of 93September 3, 2015
Exhibit "D"
3.HeightLimitations: Anantenna facility,exclusiveoftheheightofanyantennaor mast, shall
notexceed35feetinheight;except,thatanantennafacilityshallbepermittedadditional
heightattheratioof one addedfootin height for eachadditionalfootofsetback beyond the
minimumsetback required ofanaccessorybuildingintheZoning DistrictRegulationsto a
maximumheightof65feet in a residentialdistrict. A conditionaluse permit is required for
additional height.
4.HeightLimitforBuilding MountedAntenna: Anantenna shallnotextendmore thaneightfeet
above a building on which it is mounted,regardless of the height of the structure.
5.Setbacks: Antennas andantenna facilitiesshallnotbe permittedwithin any required setback
area. Guy wiresare not permittedin frontorside areas from the faceof the structureto the
street right-of-way.
6.Lights: Nooutdoor lighting shallbeallowedon antenna facilities located on residentially
zoned property,exceptlights or lighting that is requiredby the Federal Aviation Administration
or the Federal CommunicationsCommission.
E.Satellite Receive-Only Antennas Generally
A satellite receive only antenna is permitted as an accessory use under the following conditions:
1.Thesatellite receive-onlyantenna is not greater thanonemeterindiameter: allzoning
districts.
2.Thesatellitereceive-onlyantennaisonemeterorgreaterindiameter,butnotgreaterthan
two meters indiameter: allnonresidential zoning districts.
F.SatelliteReceive-Only Antennas GreaterThan One MeterinDiameterinResidential Districts and
Greater ThanTwoMetersinDiameter in NonresidentialDistricts are permittedasaccessory uses if
they comply with the following regulations:
1.Number of Antennas PerLot: Only onesatellite receive-only antenna per lot of record.
2.Height:Not exceeding tenfeet in height.
3.Set Backs
a.Front and side yards:Not permitted.
b.Rear yard: Minimumsetbackas requiredforaccessorybuildings in residential districts
andas for all buildings in nonresidentialdistricts.
4.Separation: Nominimum ormaximumseparation requirementsforsatellitereceive-only
antennas from other structures on the same lot of record.
5.Screening: Satellite receive-onlyantennasthatare mounted on thegroundshall bescreened
from view from adjoiningproperties by solid fencingor evergreenplants to a height of a least
six feet. A satellite receive-only antenna located within a fence surrounding the yard in which
the satellite receive-only antenna is located shall beconsidered to be screened.
G.Placement ofAntenna Facilities(Other ThanAmateur Radio, TV, and Satellite Receive- Only
Antennas)within Land UseThresholds
Chapter 13 -Zoning
Planning & Zoning CommissionPage 76 of 93September 3, 2015
Exhibit "D"
For the purpose of determining the appropriate locations for the placement of antenna facilities other
than amateur radio,TV, and satellite receive-only antennas, the Town is dividedintoland use
threshold areas thatrequiredifferent regulations pertainingtoheight,location, andtypeofantenna
facility.These land use thresholds are defined as follows:
1.FullCommercial "FC": Propertywithin theCG,CR,NS, PO,ornon-residentialPlanned
Developmentzoning districts.
2.Undeveloped Residential"UR": Propertywithin R-15, R-12, R-11, R-10, R-9,R8, R-FV, R-TT,
T-OH, R-OHF, R-S, MH, or any residentiallyzoned Planned Development districts, that:
a.Is not a part of a recorded subdivision; or
b.Is a partof a recordedsubdivision but hasnothad a buildingpermit issued fora
residentialstructure; and
c.Not located within the calculated limits of the Developed Residential ("DR") threshold.
3.WirelessCorridors "WC": Propertywithin,andone hundred-fiftyfeet(150’) either sideof,the
right-of-wayof a freewayor a majororminorarterialroadway,as indicatedonthe Town’s
ThoroughfarePlan.
4.DevelopedResidential"DR": Propertywithinthe R-15, R-12, R-11, R-10, R-9,R8, R-FV, R-
TT, T-OH, R-OHF, R-S, MH, or any residentially zoned Planned Development districts, which:
a.Is a recorded subdivisionthathas had atleast one buildingpermitfor a residential
structure; or
b.Is within the exterior surfaces of an existing primary residential structure; or
c.Is within six hundred feet (600’) of areas described byparagraphs 4.a and 4.b above.
H.Antenna FacilityImpact Levels: For the purpose of determiningappropriate locations for antenna
facilities, theTown recognizes differinglevelsof impact for antenna facilities depending upon
physicallocation, aesthetics,andlandusescompatibility. Theseantennafacilityimpactlevelsare
defined as follows:
1.Monopole: Amonopole as
permitted witha conditional use
permit. Theantennaequipment
maynotextendmorethan fivefeet
(5’) above the highest pointonthe
monopole.
Chapter 13 -Zoning
Planning & Zoning CommissionPage 77 of 93September 3, 2015
Exhibit "D"
2.Level 4 StealthFacility: Theantennaon a Level 4 Stealthfacility islocatedonanexisting
structure(otherthan an antenna facility)including,but notlimited to, a building, water tower,
utilitytower,steeple,orlightpole. Theantenna is not screened nor hidden. Forthe purpose
ofthislevel,a pole or tower maybe reconstructedto structurallyhold theantenna butshall not
be any higher than the original structure that it is replacing.
3.Level 3 StealthFacility: Theantenna
on a Level 3 Stealth facility is located
on an existing structure (other than an
antenna facility) including, but not
limited to, abuilding, water tower,
utilitytower, steeple, or light pole. The
antenna shall be aestheticallypainted,
constructed, or appliedwith material
so that it is incorporated into the
pattern, style,and material of the
structureto effectivelyrender the
antennaunnoticeable. A new
structure may beconstructedtohold
or house the antenna or equipment;
however, the structure must be
consistentwith theoverall architectural
features of the primary buildings
4.Level 2 StealthFacility: Theantenna
ona Level 2 stealthfacilityisattached
tothestructure in such a manner that
ifitisseenit appears unrecognizable
as an antenna,and the structurein
which or on whichthe antenna is
attachedis anintegral part of an
overall development.
5.Level 1 StealthFacility: Theantenna
ona Level 1 stealthfacilityisattached
tothestructure in sucha manner that
the antenna is completely unseen and
the structure in which or on which the
antenna is attached is an integral part
of an overalldevelopment.
I.Antenna Facility Siting Matrix:
Antenna facilitiesshall be located in accordance with thefollowing sitingmatrix. This matrix provides
forareaswhereantennafacilities maybelocatedaspermitteduses,areaswheretheymaybe
located with aconditional use permit, and areas where they are prohibited.
Chapter 13 -Zoning
Planning & Zoning CommissionPage 78 of 93September 3, 2015
Exhibit "D"
Antenna FacilitySiting Matrix
Requires a
Permitted UseConditional Prohibited
Use Permit
Monopole over
120 ft.
Monopole up to
120 ft.
Level 4
StealthFacility
Level 3
StealthFacility
Level 2
StealthFacility
Level 1
StealthFacility
FCURWCDR
J.Conditional Use Permit
When a Conditional Use Permitisrequiredbythis section for the locationof an antenna facilityoran
antenna, the property owner must submit an application in accordance with the procedure
established inthis ordinance.
1.Application
Inordertoproperlyevaluatean applicationto locatean antenna facilityor an antenna that
requires a conditionaluse permit,in additionto theinformation requiredfrom applicants
applying for conditional use permits underother provisions of the Town’s Zoning Ordinance,
theapplicant for a conditionaluse permitunderthis sectionshall providethefollowing
information:
a. Describethenatureoftheantennasite.Indicatewhetherthe proposedstructure is a
monopole or mounted to aself-supporting structure.Indicate the proposed height.
b.Provide photos or drawings ofall equipment,structures, and antennas. Additionally,an
applicantshallprovide a scaled siteplan clearlyindicatingthe location,typeandheight
oftheproposedAntenna Facility,on-site land uses and zoning, adjacentland uses and
zoning,proposed means of access,setbacks frompropertylines, elevation drawings of
theproposed Antenna Facilityandanyother structures,topography,parking, andother
information asreasonablydetermined bytheTowntobe necessarytoassess
compliance with this Ordinance.All drawings shall be scaled drawings.
c. Describewhythe antennaor tower is necessary at the particular location.
Chapter 13 -Zoning
Planning & Zoning CommissionPage 79 of 93September 3, 2015
Exhibit "D"
d.Statethename(s)ofthe telecommunications providersorother usersofthe antenna or
tower and describe the use to be madeby each user.
e.Indicateifthisantennaor tower site is to beconnectedtoother sites; and ifso,describe
how it will beconnected and whowill bethe back haulprovider.
f.The Towndoesnotrequireco-location; however, the applicant must address whetherit
hasmade an effort toco-locate thefacilitiesproposedforthisantennafacilityon
existing antenna facilitiesinthesame generalarea. Identifythe locationofthese
existingsites,and describeindetailtheseeffortsandexplain indetail why these
existing siteswere not feasible. Attach all studies ortests performedwhich
demonstratewhytheexistingsites willnot provide sufficientsignalcoverage. Provide
written documentationfrom existingsites' owners and/or operators which confirmthe
statements provided. Indicatewhether theexisting sites allow/ promote co-location and,
if not, describe why not.
g.Indicatewhetherco-locationwillbeallowed toothertelecommunicationsprovidersat
therequested site. Ifthey arenotallowed,state everyreason andthe basis of each
reason.
h.Iftherequestedlocation is in a residentialdistricttheapplicant mustaddresswhetherit
hasmade an effortto locatethe facilityin a nonresidential district. Identifythelocation
ofthese nonresidential district sites, describe in detail theseefforts, and explain in detail
whythese nonresidentialsites werenotfeasible. Attachallstudies or tests performed
which demonstrate why thenonresidential sites willnotprovidesufficientsignal
coverage. Providewrittendocumentationfrom nonresidential districtsites'ownersor
operators which confirm the statements provided.
i.Indicate the proposed provider's current coverageareafortheTown. Attachmaps
showing the areas theproposedprovider's existingantenna currentlycovers,the areas
the applicant's existingsites and therequested site would cover.
j. Describe the applicant's masterantenna facilities planforthe Town. Attachmapsand
other relateddocumentation.Provide information indicating each phase of the plan.
k. Describe the applicant's plantominimizethenumberof antenna facilities neededto
cover the Town.
2.Consideration ofApplication: Inconsidering whethertogrant a ConditionalUsePermit,the
following shall be considered.
a.TheeffectthatlocationoftheAntennaFacilitywillhaveonthemonetary valueofthe
surroundingproperty;
b.The potentialfor interference with theenjoyment of the use surrounding properties;
c.Aesthetics;Impact,includingbutnotlimitedto,thesurroundingtopography,surrounding
treecoverage andfoliage; proposed buffering;and thedesign oftheAntenna Facility,
with particular referenceto design characteristics thathavethe effectofreducing or
eliminating visual obtrusiveness;
d.The proposed height of the antenna facility relative tosurrounding structures;
e.The zoningdistrict andthe adjoining zoning districtsof the property forwhich
Conditional Use Permit is sought;
Chapter 13 -Zoning
Planning & Zoning CommissionPage 80 of 93September 3, 2015
Exhibit "D"
f.Theuniqueconditions thatgovernreasonable receptiononthe antenna facilityonany
given lot; and
g.Theavailabilityofsuitablealternative sites: Suitablealternativesite(s)shallmeana
location or locations thatwould provide thesame orbetter signalcoverage thanthe
proposedsite forwhich a conditional use permitis requested. Theapplicantshall
provide documentation supporting his contention thatalternative site(s) are not suitable
and/or available.
3.Procedures forConsiderationof ConditionalUse Permit:The proceduresfor consideration of
an application forconditional use permit requested underthis sectionofthe ordinance shall be
thesame as thoseprocedures forrequestof a conditionaluse permitunder Article6, Section
6.01 of this ordinance.
K.WrittenReport
Denialofanapplication forconditionaluse permit underthissection shallbedocumentedin
accordancewith the requirements established in theTelecommunications Act of 1996, as amended.
L.Appeal
Anapplicant mayappealthe decision ofthePlanningand Zoning AdministratortothePlanning&
ZoningCommissionbyfiling a written Noticeof Appealwithin ten (10)days following thedatethe
Administrator notifies the applicant of his decision. The Planning and Zoning Commission may
approve,conditionally approve, or deny an appeal. The applicantmayappealthePlanningand
ZoningCommission’s denialtothe TownCouncil by filing a writtenNoticeof Appeal withthe Town
Secretarywithinten(10)daysfollowingthe denial bythe Commission. A decision nottimely
appealed in accordance with this sectionshall be final.
(Ord. No. 2000-06 P&Z § XLI, 3-21-00, Repealed by Ord. No. 2001-08 P&Z, § II, 4-16-01)
Chapter 13 -Zoning
Planning & Zoning CommissionPage 81 of 93September 3, 2015
Exhibit "D"
Section 5.11 Home Occupations
A.Home occupationsmay be conducted within residentialunits provided suchhomeoccupationsare
“transparent”to the neighborhood.Thefollowing regulations shall apply:
1.No personotherthan membersofthefamilyresiding onthe premises shall be engaged in the
home occupation;
2.The use of the dwelling unit for the homeoccupation shall be clearly incidental and
subordinate to itsuse for residential purposes by itsoccupants, and not morethantwenty
percent (20%)ofthefloorareaof the dwellingunit,notincludingthe garageoraccessory
structure, shall be used in the conducting of the homeoccupation;
3.Thereshall be nochangeintheoutsideappearance ofthe building or premises, orother
visible evidence of the conduct of such home occupation. No sign advertising a home
occupation shall be placed on propertywhere a home occupationis conducted;
4.There shall be nodirectsalesof goods orproducts fromthe dwellinginconnectionwithsuch
home occupation.
5.No traffic shall be generated by such home occupation ingreater volumesthanwould
normallybeexpected in a residentialneighborhood, andany needfor parking generatedby
theconduct ofsuch home occupationshallbemet offthestreetandotherthan in a required
front yard;
6.No equipment,process or workshallbeused or conducted in suchhome occupationwhich
creates noise, vibration, glare,fumes, odors,or electricalinterference detectable tothenormal
senses off the lot,ifthe occupation is conductedin aresidence. Inthe case ofelectrical
interference,noequipment, process orworkshallbeusedorconducted which creates visual
oraudible interferencein anyradio ortelevision receiversoffthepremises,or causes
fluctuations inline voltage off the premises;
7.The operation of a beautysalon, barber shop,petgrooming establishment,orrepairservices
shall not be permitted as a home occupation; and
8.No outdoorstorage of any type shallbe permittedwith any home occupation.
(OrdNo.98-29,§XLIII,12-1-98, Repealed by Ord. No. 2000-06P&Z § XLIII, 3-21-00)
Chapter 13 -Zoning
Planning & Zoning CommissionPage 82 of 93September 3, 2015
2015
3,
September
Location
Site
Aerial Photo
Exhibit "E"
of 93
83
Page
Commission
Zoning
&
Planning
2015
3,
September
Location
Site
Zoning Map
Exhibit "E"
of 93
84
Page
Commission
Zoning
&
Planning
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0568-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/28/2015 In control:Planning & Zoning Commission
On agenda:9/3/2015 Final action:
Title:Consider and take appropriate action regarding the Minutes dated 08-06-2015
Attachments:MeetingMinutes 080615.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the Minutes dated 08-06-2015
Planning & Zoning CommissionPage 85 of 93September 3, 2015
Trophy Club Entities
100 Municipal Drive
Trophy Club, Texas 76262
Meeting Minutes
Planning & Zoning Commission
______________________________________________________________________
August 6,2015 7:00 P.M. Svore Municipal Building Boardroom
______________________________________________________________________
CALL TO ORDER AND ANNOUNCE A QUORUM
Chairman Sheridan called the August 6, 2015, Planning and Zoning Commission meeting
to order at 7:02p.m. and announced a quorum present (5 members).
Present: 5 - Commissioner Card, Commissioner Senelly, Commissioner Oldham,
Chairman Sheridan, and Vice Chairman Vowell
Absent:1 - Commissioner Ross
STAFF PRESENT:
Town Planner Ron Ruthven
Community Development Manager Pat Cooke
Recording Secretary Robbie Killingsworth
(Recording Secretary Note: The agenda items were presented in thefollowing order: Citizen
Presentations; Consent Agenda; Item No. 1; Item No. 2; Item No. 3; Item No. 5; Item No.12; Item No. 14;
Item No.4-; Item No. 6; Item No. 7; Item No. 8; Item No. 9; Item No. 10; Item No. 11; and Item No. 13)
PUBLIC HEARING
PUBLIC HEARING- OPENED AT 7:04 P.M.
CITIZEN PRESENTATIONS
Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has
policy or oversight authority as provided by Texas law, the ethics order, or other policy order.
REQUEST(S) TO SPEAK AT PUBLIC HEARING:
1.Greg George, 12 Hanna Court, Trophy Club, TX 76262, AGENDA ITEM NO. 1
2015-0490-T Public Hearing regarding a request to rezone 5.596 acres, located in the 100 block of
Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business Center, from the PD-
Planned Development zoning district to the GU-Government Use zoning district, Case
ZC-15-001.
Attachments: Staff Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
Chairman Sheridan askedfor staff report.Staff recommends approval.
Planning & Zoning CommissionPage 86 of 93September 3, 2015
Chairman Sheridan asked if there were any public requests to speak.
Greg George, 12 Hanna Court, Trophy Club, TX 76262, is one of the property owners. After a
homeowners meeting in May, found out thepolice station and municipal building was going to be built. He
would like to welcome what he hopes will be his new neighbors on the other side of his fence. He has
beenunable to find information showing the plot plan. He brought up buffer, fence, fence line, fence
maintenance, fence condition, co-opingon a fence, and wanting on agenda when plot plan is discussed.
2015-0491-T
Public Hearing regarding a request to amend Ordinance No. 2013-09, PD-Planned
Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total
common areas of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-15-045.
Attachments: Staff Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
Exhibit E.pdf
Chairman Sheridan asked for comments from applicant, Gil Marques, 21 Oxford Place, Trophy Club,TX
76262.
Chairman Sheridan asked if there were any publicrequests to speak. No public requests were turned in.
Chairman Sheridan askedfor staff report. Staff recommends approval.
2015-0492-T
Public Hearingregarding a request for a Conditional Use Permit for a Wastewater
Treatment Facility on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on
Junction Way; Applicant: Trophy Club Municipal Utility District, Case CUP-15-005
Attachments: Staff Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
Chairman Sheridan asked for comments from applicant, Jennifer McKnight, General Manager for Trophy
Club Municipal Utility District, 100 Municipal Drive, Trophy Club,TX 76262. She does not have a
presentation for this item and defers to staff report.
Chairman Sheridan askedfor staff report. Staff recommends approval.
Chairman Sheridan asked if there were any publicrequests to speak. No public requests were turned in.
PUBLIC HEARING
- CLOSED AT 7:22P.M.
August 6, 2015 Minutes Page 2 of 6
Planning & Zoning CommissionPage 87 of 93September 3, 2015
REGULAR SESSION
REGULAR SESSION
- OPENED AT 7:22P.M.
2015-0500-T
Discussion and recommendation regarding a request to amend Ordinance No. 2013-09,
PD-Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend
the total common area of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-
15-045.
Chairman Sheridan asked for comments from applicant, GilMarques, 21 Oxford Place, Trophy Club,TX
76262. No further comments were made.
Chairman Sheridan askedfor staff report. No further comments were made.
Chairman Sheridan asked if there were any publicrequests to speak. No public requests were turned in.
Chairman Sheridan asked for comments or discussion regardinga request to amend Ordinance No.
2013-09, PD-Planned Development District No. 32, Exhibit “B” Concept Plan, in order to amend the total
common area of Lot 1A, Block J in Canterbury Hills, Phase 1A, Case PD-AMD-15-045.
Chairman Sheridan askedfor a motion.
Motion made by Commissioner Senelly, seconded by Vice Chairman Vowell, to approve request.
The motion passed unanimously.
2015-0494-T
Discussion and recommendation regarding a request for approval of a Site Plan for Meat-
U-Anywhere B-B-QRestaurant, Trophy Club Drive, Lot 3, The Village, Trophy Club, TX,
Case SP-15-032.
Attachments: Staff Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Chairman Sheridanasked for comments from applicant, Travis J. Bousquet, PE, President/CEO of The
Bousquet Group, Inc., 501 South Carroll Blvd., Suite 201,Denton, TX76201.
Chairman Sheridan askedfor staff report. Staff recommends approval.
Chairman Sheridan asked if there were any publicrequests to speak. No public requests were turned in.
Chairman Sheridan asked for a motion.
Motion made by Commissioner Senelly, seconded by Chairman Sheridan, to approve request. The
motion passed unanimously.
August 6, 2015 Minutes Page 3 of 6
Planning & Zoning CommissionPage 88 of 93September 3, 2015
2015-0498-T
Discussion and recommendation regarding an amendment to the approved Site Plan for
Lots 1 and 2, Block A, Wonderland Plaza Addition, Case SP-15-031.
Attachments: Staff Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Exhibit D.pdf
Chairman Sheridan asked for comments from applicant, Steven R.Homeyer, PE, Civil Engineer with
Homeyer Engineering, Inc., 206 Elm Street, Suite 105, Lewisville, TX75029.
Chairman Sheridan askedfor staff report. Staff recommends approval.
Chairman Sheridan asked if there were any publicrequests to speak. No public requests were turned in.
Chairman Sheridan asked for a motion.
Motion made by Commissioner Oldham, seconded by Vice Chairman Vowell, to approve request
with the following condition:Provide a queuing analysis to assure there is sufficient stacking
space in each direction.The motion passed unanimously.
2015-0499-T
Discussion and recommendation regarding a request to rezone 5.596 acres, located in
the 100 block of Trophy Wood Drive on Lot 4, Block B in the Trophy Wood Business
Center, from the PD-Planned Development zoning district to the GU-Government Use
zoning district, Case ZC-15-001.
Chairman Sheridan askedfor staff report. No further comments were made.
Chairman Sheridan asked if there were any publicrequests to speak. No public requests were turned in.
Chairman Sheridan asked for a motion.
Motion made by Commissioner Senelly,seconded by Commissioner Oldham, toapprove request
as presented.The motion passed unanimously.
2015-0501-T
Discussion and recommendation regarding a request for a Conditional Use Permit for a
Wastewater Treatment Facility on 10.58 acres located in the Mary Medlin Survey,
Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District, Case
CUP-15-005.
Chairman Sheridan asked for comments from applicant. No further comments were made.
Chairman Sheridan askedfor staff report. No further comments were made.
Chairman Sheridan asked if there were any publicrequests to speak.No public requests were turned in.
Chairman Sheridan asked for a motion.
Motion made byCommissioner Senelly, seconded by Vice Chairman Vowell, toapprove request
as presented.The motion passed unanimously.
August 6, 2015 Minutes Page 4 of 6
Planning & Zoning CommissionPage 89 of 93September 3, 2015
Without objection, Chairman Sheridan asked to take the minutes, 5 agenda items, as one motion and one
vote.Chairman Sheridan asked for corrections or comments over the minutes presented. None given.
2015-0483-T
Consider and take appropriate action regarding the February 5, 2015 Planning and
Zoning Commission minutes.
2015-0484-T
Consider and take appropriate action regarding the February 19, 2015 Planning and
Zoning Commission minutes.
2015-0485-T
Consider and take appropriate action regarding the April 2, 2015 Planning and Zoning
Commission minutes.
2015-0488-T
Consider and take appropriate action regarding the April 9, 2015 Planning and Zoning
Commission minutes.
2015-0489-T
Consider and take appropriate action regarding the May 7, 2015 Planning andZoning
Commission minutes.
Attachments: MeetingMinutes 020515.pdf
MeetingMinutes 021915.pdf
MeetingMinutes 040215.pdf
MeetingMinutes 040915.pdf
MeetingMinutes 050715.pdf
Motion made byVice Chairman Vowell, seconded by Commissioner Senelly, to approvethe
February 5, 2015 Planning and Zoning Commission minutes; February 19, 2015 Planning and
Zoning Commission minutes; April 2, 2015 Planning and Zoning Commission minutes; April 9,
2015 Planning and Zoning Commission minutes; and the May 7, 2015 Planning and Zoning
Commission minutes. The motion passed unanimously.
2015-0497-T
Discussion and recommendation regarding a request for approval of a Preliminary Plat
of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club,
TX,Case PP-15-028.
Attachments:Staff Agenda Briefing.pdf
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Chairman Sheridan asked for comments from applicant.The following spoke on behalf of theTrophy
Club Municipal Utility District:
Jennifer McKnight, General Managerfor Trophy Club Municipal Utility District No. 1, 100
Municipal Drive, Trophy Club, TX 76262.
Kevin R.Glovier, P.E., Senior Project Manager with theWallace Group,which is now CP&Y
th
Street, Suite 1500, Fort Worth, TX 76102
Company, 115 W. 7
th
Street, Suite 1500, Fort Worth, TX 76102
Adam Marsh, Engineer with CP&Y, 115 W. 7
Chairman Sheridan asked for staff report. Staff recommends denialdue to technical noncompliance.
Chairman Sheridan asked ifthere were any public requests to speak. No public requests were turned in.
Chairman Sheridan asked for a motion.
August 6, 2015 Minutes Page 5 of 6
Planning & Zoning CommissionPage 90 of 93September 3, 2015
Motion made by Chairman Sheridan, seconded by Chairman Senelly,for approval of a Preliminary
Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, TX, Case
PP-15-028 with the following conditions:
1.Deny M.U.D. request for a Right-of-Way waiver.
2.Require a future road designation that goes from the end of concrete Junction Way, West,
starting at M.U.D. property curving before it gets to the future construction basin.
3.Approve M.U.D. request for concrete waiver.
4.Impact fees and dollar cost be deferred to future when the road construction occurs.
The Motion passed unanimously.
ADJOURN
The meeting was adjourned at 9:30 p.m.
Motion made by Commissioner Senelly, seconded by Vice Chairman Vowell, that this meeting be
adjourned. Motion passed unanimously.
______________________________________________________________________
Dennis Sheridan, ChairmanRon Ruthven, Town Planner
Planning and Zoning CommissionCommunity Development
Town of Trophy Club, Texas Town of Trophy Club, Texas
August 6, 2015 Minutes Page 6 of 6
Planning & Zoning CommissionPage 91 of 93September 3, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0569-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/28/2015 In control:Planning & Zoning Commission
On agenda:9/3/2015 Final action:
Title:Discussion and recommendation regarding a request for a Conditional Use Permit for a wireless
antenna facility located on 0.006 acres within Tract C, Section 8, Trophy Club Addition along SH 114
between Trophy Lake Drive and Trophy Club Drive, south of Roaring Creek Court; Applicant: Verizon
Wireless.
Attachments:
DateVer.Action ByActionResult
DiscussionandrecommendationregardingarequestforaConditionalUsePermitforawirelessantennafacilitylocated
on0.006acreswithinTractC,Section8,TrophyClubAdditionalongSH114betweenTrophyLakeDriveandTrophy
Club Drive, south of Roaring Creek Court; Applicant: Verizon Wireless.
Planning & Zoning CommissionPage 92 of 93September 3, 2015
Trophy Club Entities 100 Municipal Drive
Trophy Club, Texas 76262
Legislation Details (With Text)
File #:2015-0570-T Version:1 Name:
Type:Agenda Item Status:Regular Session
File created:8/28/2015 In control:Planning & Zoning Commission
On agenda:9/3/2015 Final action:
Title:Town planner updates on items previously approved by the Commission, current development activity
and comprehensive planning; discussion of same:
Attachments:
DateVer.Action ByActionResult
Town planner updates on items previously approved by the Commission, current development activity and
comprehensive planning; discussion of same:
Planning & Zoning CommissionPage 93 of 93September 3, 2015