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  5.       
City Council Regular Meeting
Meeting Date: 07/27/2021  

BACKGROUND
The applicant is requesting approval of a Specific Use Permit for approximately 0.056 acres in order to construct a 105-foot tall monopole, telecommunications facility. The full subject property is currently developed as the Lockaway Storage mini-warehouse / public storage business located at the intersection of FM 3009 and FM 78. The proposed telecommunications lease area is for an undeveloped 0.056 acres of the property.

Per the UDC Article 16 Definitions, a Monopole Tower is described as: A self-supporting tower facility composed of a single spire used to support telecommunication antennas. Monopole towers cannot have guy wires or bracing.

Per the City of Schertz Unified Development Code (UDC) Article 8, Section 21.8.6 Telecommunications Antennas, specifically subsection H and table 21.8.6 Antenna Facility Siting Matrix, a proposed Monopole up to 120 feet in height requires a Specific Use Permit to be located on a "Full Commercial"property. Since the subject property is currently zoned General Business District- 2 (GB-2), which is classified as a "Full Commercial" or "FC" property, in relation to UDC Section 21.8.6.G, the applicant has the ability to request for a specific use permit to allow for the construction of the proposed monopole.

Per the applicant submitted "Narrative memo and Letter of Intent" the following information was provided for consideration in relation to the proposed tower and specific site location:
  • "Based on the customer demand for wireless in building coverage and the growth rate in Schertz Texas, Verizon Radio Frequency engineers have designated the above site location as a perfect location for a Wireless structure for their customers."
  • "The study clearly shows lack of in-building coverage at the Lockaway location, close to the intersection of Roy Richards Drive and SH 78, a major intersection with an interrupted RR crossing."
  • This site will be a standard monopole structure, with the capability to serve up to 2 other carriers on the structure, complying with current Schertz code."
  • "The Vertical Bridge team has designed the proposed structure to accommodate up to three (3)carriers, again as per code & purpose. Current design is shown as a 105’ (top of antenna) height monopole. Verizon will utilize the top centerline at 100’. There is a 10’ required height separation from other carriers’ antenna."

The applicant also provided numerous maps (attached) demonstrating the need for this tower and showing that no existing structures in the area will meet the need in the area.

Five (5) public hearing notices were mailed to surrounding property owners on June 11, 2021. At the time of this report, staff has received one (1) response in favor of the request and no responses opposed, or neutral to the request. A public hearing notice was published in the “San Antonio Express" on June 23, 2021. 

A public hearing was held at the June 23, 2021 Planning and Zoning Commission meeting in which no residents spoke. 
GOAL
To allow a monopole tower, telecommunications facility land use by right on approximately 0.056 acres of land. 
COMMUNITY BENEFIT
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. 
SUMMARY OF RECOMMENDED ACTION
IMPACT ON EXISTING ADJACENT DEVELOPMENT:
The subject parcel, specifically the 0.0568 acre lease space is currently undeveloped. The site is surrounded be undeveloped land and land currently developed as part of the Lockaway Storage mini-warehouse / public storage business.

CONCEPTUAL SITE PLAN:
In conjunction with the requested Specific Use Permit, the subject property has gone through the Site Plan Certification process to ensure the proposed monopole- telecommunications facility would be incompliance with all other Unified Development Code regulations. The proposed development includes a 100-foot tall monopole tower, in which the associated equipment will extend an additional five (5) feet for a total of 105 feet in height. 
  • Architectural Standards: The proposed development does not contain any proposed buildings that would require compliance with the Unified Development Code architectural standards. The only proposed structure on site will be the proposed 105-foot tall monopole, telecommunications facility.
  • Parking: In accordance with Unified Development Code Article 8 Section 21.8.6.C.3: At least one(1) off-street parking space must be provided at each telecommunication tower facility. Based on the proposed site plan reviewed during the certification process, there is one (1) proposed parking space on the subject area lease site that is designed to meet City of Schertz regulations. 
  • Screening requirements: The proposed site plan indicates a six (6) foot high wood privacy fence that encompasses the proposed 0.0568 acre lease site. Lighting and glare standards: The applicant will be responsible for complying with UDCSec.21.9.11 Lighting and Glare Standards through the building permit process. Additionally, the site will be required to comply with UDC Section 21.8.6.4 which states " No outdoor lighting shall be allowed on any Antenna Facility except lights or lighting that is required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC)."
  • Landscaping: The site currently has no protected or heritage class trees within the lease area. The proposed site plan indicates that a total of 2 Monterey Oaks will be planted within the lease area, one on each side of the proposed parking space. Additionally, a total of 6 Texas Elbow Bush are proposed in conjunction with the Monterey Oaks within the landscape islands on each side of the parking space.
  • Access and circulation: The site will be provided access through the existing entrance onto FM3009. The associated site plan has been reviewed by the City of Schertz Engineering Department. The proposed site plan was evaluated by TXDOT, which indicated they had no objection to the proposal, since the existing access point was to be utilized.
FISCAL IMPACT
None 
RECOMMENDATION
As part of the site plan and specific use permit review process, the exhibits and application were provided to JBSA Randolph for their comment. Based on a letter dated May 11, 2021 a review of the documents had been completed, and JBSA did not object to the proposed telecommunications facility proposed at200 FM 3009. Although JBSA Randolph did not object to the development, they did provide a letter indicating some considerations for the development. Such as installing anti-perching devices along the top of the structure to prevent/discourage bird species from roosting and loafing on the tower.

The applicant provided all of the required information to submit an SUP application according to UDC Section 21.8.6.J. Staff reviewed the maps and studies submitted and determined that the information met the minimum standard for approval. The applicant was able to demonstrate the need for the tower at the proposed location and was also able to demonstrate that there is not a viable option toco-locate and still meet the need. In exploring the ability to co-locate, the applicant submitted documentation for City Facilities as well as existing private towers (even outside of the City of Schertz City Limit), which Staff concluded met the intent of the UDC Section 21.8.6.J. City Staff also consulted with the City's Telecommunication Antenna Consultant in order for her to provide her review on the application based on her industry experience. The City's Consultant is recommending approval of the application. Finally, City Staff consulted with the City Attorney to fully understand the implications of the Federal Telecommunications Act on this application. Based on the information provided by the City Attorney, City Staff determined that the application met the minimum requirements of the Telecommunications Act through the maps and studies that were submitted demonstrating the need for additional coverage in the area around Elbel Road. Because the application meets the minimum requirements laid out in the Telecommunications Act as well as the UDC, Staff is recommending approval of the SUP as submitted.

This item was heard at the June 23, 2021 Planning and Zoning Commission meeting, in which the Commission provided a unanimous recommendation of approval of the Specific Use Permit request to allow a monopole tower, telecommunications facility land use by right.
 
Attachments
Ord. No. 21-S-27
Exhibit A
Specific Use Permit Exhibit
Site Plan Exhibits
Aerial Map
Public Hearing Notice Map
Public Hearing Notice Responses
Applicant Provided- Narrative Memo and Letter of Intent
Applicant Provided- Capacity Offload and Coverage Plots (Provided 05.03.2021)
Applicant Provided- Additional Information provided 06.16.2021
Applicant Provided- Candidate Summary

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