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HomeMy WebLinkAboutZBA 2000-02-17 Minutes MINUTES OF THE PRE-SESSION MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS FEBRAURY 17, 2000 - 6:30 PM 1. CAll TO ORDER The meeting was called to order by Dr. Tom Duer at 6:30 p.m. 2. ROll CAll Present Chairman Dr. Tom Duer Bill SChopper Paul Young Leslie Jauregui Kyle Bacon Absent Jim McCain City Staff Planning Director Recording Secretary Recording Secretary Marcy Ratcliff Valerie Taylor Connie Cook Staff presented a brief summary of the following case: BA 2000-01 Request of Bill Bowman, AT&T Wireless Service, to allow a 276 square-foot equipment shelter. The Board, after a few brief questions, closed the Pre-Session Meeting and retired to the City Council Chambers to begin the Regular Meeting. ZSA Minutes February 17, 2000 1 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRAURY 17,2000 -7:00 PM 1. CALL TO ORDER The meeting was called to order by Dr. Tom Duer at 7:00 p.m. 2. ROLL CALL Present Chairman Dr. Tom Duer Bill Schopper Paul Young Leslie Jauregui Kyle Bacon Absent Jim McCain City Staff Planning Director Recording Secretary Recording Secretary Marcy Ratcliff Valerie Taylor Connie Cook 3. CONSIDERATION OF MINUTES OF JANUARY 20, 2000 APPROVED Bill Schopper, seconded by Leslie Jauregui, moved to approve the minutes of the January 20, 2000 Meeting. The motion carried unanimously. Chairman Duer explained that this Board consists of five voting members and it Requires four affirmative votes in order for a variance to pass. Staff noted the original agenda was posted with the wrong square footage of the equipment building being requested. The applicant is requesting a 276 square- foot equipment shelter; the original agenda showed a request of 160 square-foot equipment shelter. Chairman Duer called for a motion to consider amending the agenda to reflect the change in square-footage. Bill Schopper, seconded by Kyle Bacon. The motion carried unanimously. ZSA Minutes February 17, 2000 2 3. BA 2000-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL BAUMAN, REPRESENTING AT&T WIRELESS SERVICES, TO VARY FROM SECTION 730.C, ORDINANCE 1874, ZONING REGULATIONS, TO ALLOW A 276 SQUARE-FOOT EQUIOPMENT BUILDING EXCEEDING THE 100 SQUARE- FOOT MAXIMUM PERMITTED. THE PROPERTY IS LOCATED AT TRACT 9B, ABSTRACT 1606, AND ADDRESSED AS 7510 GRAPEVINE HWY. APPROVED The applicant is requesting a variance to allow the construction of a 276 square foot equipment building for a wireless antenna to be collocated on an existing TXU tower. The zoning ordinance allows only a 100 square-foot maximum for equipment buildings. The tower is in the TXU easement running between the North Hills Mall and commercial properties on Willman Avenue. Staff recommended the Zoning Board of Adjustment Approve BA 2000-01 as submitted to vary from Section 730.C, Ordinance 1874, Zoning Regulations, to allow a 276 square-foot equipment building exceeding the 100 square-foot maximum by 176 square feet. 1. Section 730.C - Communication Towers - General Reauirements - No equipment cabinet or building shall be greater than eight feet in height and one hundred square feet in gross floor area. Staff found a special condition does exist in that the Zoning Ordinance does not consider the operational needs of all wireless communication providers. Research found in the Planning Department shows that when drafting the Ordinance, only one service provider was consulted for the size needs of equipment buildings. The spirit of the Ordinance places a priority on encouraging collocation rather than the construction of new towers. Since this is a collocation on an existing tower, staff feels a compromise is reasonable to allow the larger equipment building. Dr. Duer opened the public hearing. Bill Bowman, representing AT&T Wireless Services, 5501 LBJ Fwy #200, Dallas Texas, stated that the equipment building is 8' tall, recessed in the ground 3-4 feet. Overall height to be 4 to 5 feet. Shelter to be adjacent to existing tower. As of January 2000, AT&T Corporate office handed down a directive that shelter sizes need to be increased to accommodate the necessary equipment. Four different services would be operated out of this equipment building, and all unmanned. The services include cellular analog, cellular digital, fixed wireless- local service, and CDPD (used in police cars). Certain cell cites have to be larger ZSA Minutes February 17, 2000 3 than others to handle the larger equipment. This will be one of the cell sites that the larger building would be necessary. Seeing no additional proponents, Chairman Duer called for any opponents. Mr. Wayne Herndon, Cool Air, 4174 Willman Ave. and 7504 Grapevine Hwy. owner & operator for 15 years in North Richland Hills, his business is adjacent to property in question. Although not opposed to AT&T proposal, is objecting to the fact that it is being considered for approval. Not more that 1 year prior, Nextel wanted to put a tower on his property approximately 60 feet from where AT&T is wanting to place theirs. He was denied at P&Z and again at City Council. He was not granted 100 square-foot variance in building size. Was told that he could put the tower up within regulations but the equipment would have to put within one of his existing structures. As a result, Nextel decided to move on, because of that he lost 6-5 year consecutive leases totaling quarter of a million dollars. As a property owner in North Richland Hills he felt that he was not given due consideration at that time. Also, objecting to the height of tower. Seeing no more opponents, Chairman Duer closed Public Hearing. Kyle Bacon, seconded by Paul Young, moved to approve BA 2000-01. With the special condition being that the Zoning Ordinance does not consider the operational needs of all wireless communication providers. Research found in the Planning Department shows that when drafting the Ordinance, only one service provider was consulted for the size needs of equipment buildings. The spirit of the Ordinance places a priority on encouraging collocation rather than the construction of new towers. Since this is a collocation on an existing tower, a compromise is reasonable to allow the larger equipment building. The motion carries unanimously. 4. CITIZENS COMMENTS There were none. 5. MISCELLANEOUS REPORTS & DISCUSSION The ZBA would like to see the Planning & Zoning Commission re-evaulate Zoning Ordinance 1874, Article 7, Communication Towers, specifically on the maximum size of equipment shelters. They would like to see research on various wireless services and what the industry standard is for this type of facility. ZSA Minutes February 17, 2000 4 6. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:20 p.m. Chai2~uY ZSA Minutes February 17, 2000 5