07-D Tower Ordinance Amendment - Laserfiche WebLink

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AGENDA INFORMATION SHEET PROJECT: An ordinance amending Section 28 of the Zoning Ordinance dealing with the regulation of wireless telecommunications towers amending Section 36-104(6) to add PD(c) as a permissible zoning area for such towers and amending Section 28-106(c) to add a procedure for the grant of variance from setback standards. BACKGROUND: The City Council will recall a proposal made by Faulk & Foster to erect a communications tower at the Big Tex Feed Plant located at 3730 Lamar Avenue. Faulk & Foster requested a change in the zoning for that property from its current PD(c) designation to a Light Industrial zoning designation, where such towers are permitted. However, as was pointed out during the process of the rezoning proceedings, merely changing the zoning would not suffice. The proposed tower, at 180 feet in height, would be site restricted at the proposed location because it could not conform with the setback standards requiring it to be set back from the adjacent property line by a minimum of the distance equal to the height (180') Therefore, to enable the company to erect this tower at the proposed sight, the City would be required to not only amend its ordinance with regard to permissible zoning but also waive the setbacks. At City Council's July meeting, Council expressed an inclination to make necessary changes to the zoning ordinance to accommodate the company's request. The Council's sentiments to accommodate this request appeared to be premised on the company's assertion that another proposed site in the immediate area owned by Mr. Wayne Brown (upon which the tower could be erected without any zoning change or any other ordinance change) was inadequate because supposedly the antenna on the tower could not be directed to provided an adequate signal into the Wal-Mart building; the traffic at the adjacent Lamar and Loop intersection presented problems; and there was some sort of elevation problem with an adjacent ridge. You will also recall that a report previously done by the City's special consultant, the Trott Communications Group, indicated generally that the Wayne Brown property would suffice. As a consequence of these representations by the Company, the City Council followed the Building Official's suggestion that if the Council was inclined to accommodate the company, in lieu of changing the zoning to the much more liberal light industrial classification, especially for this site, the Council should amend the tower ordinance to allow properties classified as PD(c) (this property is the only one in the City currently bearing such a classification) as a permissible zoning classification for such towers. Secondly, it was suggested by staff that if there was a desire to do something with the setback requirements to also accommodate this site, a variance procedure be instituted in lieu of an outright removal of the setback requirements.