07-D Tower Ordinance AmendmentAGENDA 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.
Since the July Council meeting, City staff has again asked the Trott Communications group
to look at the Wayne Brown site in lieu of the representations made by the company as to the
inadequacies of that site for the three reasons stated during the meeting. The enclosed
August 3, 20021etter from Trott Communications indicates the Trott people do not believe
the reasons sited by the company are persuasive with regard to the inadequacy of the Brown
site, and indeed the Trott people do not agree with the conclusions of the company with
regard to the Wayne Brown property.
DESCRIPTION: In accordance with the Council directive, the City Attorney has prepared
amendments to the current Tower Ordinance which would designate PD(c) as a zoning
classification where the erection of a communications tower would be permissible. In
addition, the proposed changes to the ordinance would implement a limited variance
procedure which would allow variations from the setback requirements only (and not from
the separation requirements which affect residential property), upon a finding of true
necessity for such variance based on location, technical standards, and other information.
Furthermore, the proposed variance procedure would require a positive vote of five (5)
Council members to approve the proposed variance. However, the necessity for these
ordinance changes may be questionable in light of the recent recommendations by the Trott
people. Mr. Ray Trott of Trott Communications will be in attendance for the Thursday City
Council meeting to respond to any inquiries the City Council may have with regard to their
findings and recommendations.
RECOMMENDED ACTION: Consider and debate further the issue of the proposed
tower change, including discussion of proposed ordinance changes in light of the
recommendations of Trott Communications.
STAFF CONTACT: Larry Schenk City Attorney and Steve Methven Building Official.
SCHEDULE: Consider for review and action by City Council at Council's August 8, 2002
regular Council meeting. Should City Council desire to approve the proposed tower rate it
will still be necessary for City Council to conduct a public hearing incident to the grant of
variance requested by the company in conformance with the proposed ordinance change.
DRAFT
J:\Attorney\ALICE\ORDWORK\CiJRRENT\Amend Wireless Ord.wpd
August 8, 2002
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, THE ZONING
ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, TO AMEND
SECTION 28-104(b) OF SECTION 28 OF SAID ORDINANCE RELATED TO
THE REGULATION OF WIRELESS TELECOMMUNICATIONS TOWERS
AND FACII,ITIES TO ADD ZONING CLASSIFICATION PD(c) AS A
PERMISSIBLE ZONING AREA FOR THE SITING OF WIRELESS
COMMUNICATIONS FACII,ITIES; AMENDING SECTION 28-106(c) TO
ADD A PROCEDURE FOR THE GRANT OF VARIANCE FROM SETBACK
STANDARDS; PROVIDING FOR PUBLIC HEARING, ENHANCED
VOTING REQUIREMENTS, AND STANDARDS AND LIMITATIONS ON
THE GRANT OF SAID VARIANCE; PROVIDING A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT THEREWITH; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, adopted Ordinance No.
2001-048 on August 13, 2001, which approved a new Section 28 to Ordinance No. 1710, the Zoning
Ordinance of the City of Paris, to provide a comprehensive procedure for the regulation of wireless
telecommunications towers and facilities; and,
WHEREAS, the City Council desires to expand the permitted areas for the grant of permits
for new wireless communication facilities to include zoning areas designated PD(c); and,
WHEREAS, the City Council desires to implement a limited variance procedure to vary
compliance with the setback requirements of said ordinance, subject to various standards and
limitations related thereto; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That Section 28-104(b) of Section 28 to Ordinance No. 1710, the Zoning
Ordinance of the City of Paris, said Section 28 entitled "Regulation of Wireless Telecommunication
Towers and Facilities," shall be and is hereby amended to allow zoning areas classified as PD(c) as
areas where new wireless communication facilities may be permitted, said Section 28-104(b) to read
as follows:
"Sec. 28-104. Wireless Communication Facilities Prohibited.
"(b) Permitted areas. From and after the effective date of this ordinance new WCF's
shall be permitted only in areas bearing a zoning designation of Agricultural (A),
Commercial (C), Light Industrial (LI), Heavy Industrial (HI), or Planned
Development District (Commercial), PD(c); the siting of WCF's in areas zoned other
than as designated herein, including Residential Districts (SF-1), (SF-2), (SF-3), (217),
(MF-1), (MF-2), other Planned Development Districts (PD), and other non-
Agricultural, non-Commercial, and non-Industrial districts, including Parking Districts
(P), Office Districts (O), Neighborhood Service Districts (NS), General Retail
Districts (GR), and Public Lands and Institutions (PL&I), shall be and is hereafter
prohibited. "
Section 3. That Section 18-106(c) of Section 28 to Ordinance No. 1710, the Zoning
Ordinance of the City of Paris, said Section 28 entitled"Regulation of Wireless Telecommunication
Towers and Facilities," shall be and is hereby amended to provide a variance procedure from certain
setback standards, said Section 28-106(c) to read as follows:
"Sec. 28-106. General requirements.
"(c) Setback standards.
"(1) All WCF's shall be set back from any adjoining lot line or adjacent
street curb line a distance equal to the height of the WCF itself,
including any support structure and antenna array. In determining the
setback requirement, the distance shall be measured from the base of
the support structure.
"(2) The City Council may, upon appeal taken and following notice and
public hearing as required herein, grant a variance from these setback
standards. Before any such variance is granted, it shall be the
applicant's burden to provide detailed evidence in support of said
variance showing:
"i. there is no other site for the proposed WCF reasonably
available which could comply with these setback standards;
"ii. the proposed WCF site is necessary to meet technical
standards regarding signal coverage and signal strength, and
no other suitable site is technically available;
"iu. co-location or alternate technology is not feasible under the
standards of Section 28-107 of this ordinance; and,
"iv. the necessity for a variance is not due to any actions taken by
the applicant which by virtue of such actions make it
impossible for the setback requirements to be met.
"(3) Notice of a public hearing regarding an application for variance from
these setback requirements shall be published in a newspaper of
general circulation in the city no less than ten (10) days prior to the
hearing. During the public hearing any interested person may
comment on the proposed variance. No variance shall be granted
without at least five (5) Council members voting in support thereof.
Any variance granted may include such conditions or requirements
associated with the grant of variance as the City Council shall deem
necessary and appropriate.
"(4) No variance shall be granted under this Section 28-106(c) which
would constitute or cause a violation of the separation requirements
set out in Section 28-106(d) of this ordinance."
Section 4. That the sentences, paragraphs, sections, clauses, or other portions of this
ordinance are hereby declared to be severable; if any sentence, paragraph, section, clause, or other
portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this ordinance shall not be affected thereby.
Section 5. That any existing ordinances or parts thereof in conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict only.
Section 6. That this ordinance shall be effective September 1, 2002.
PASSED AND ADOPTED this 8th day of August, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
0))1RO!T
C£SM.MUFIICAT16fYS CsROiIP
n,,gusc 3,2002
W. Steve Mefhven
Cwmimity Develapmern Depamneirt
City of Paris
150 -1~ Street SE
Paris, TX 75460
Dear Mr. Methven:
Per your request, our engincering fum has investigated the differences between two proposed
locations of a cellular tower east of the downtown area of Paris. One site is located at the SE
corner ofthe inteisec,~tion of Hwys 271 & 82 (Sibe I). The other sight is locabed approximately
1400 feet slightly west of noith of the fitst tower (Site 2). As I undecstand it, both pmposed
towers are approximately 180 feet in height
We have only investigated the technical differences between the two toweis. Other factors
including aesthetics, proximity ro residences and rea1 estates costs were not considered.
The iasues we studied wee redio coverage and potential penetation problems into the Watmart
store nearby the toweis.
It was reported that a ridge (temain) lies approximately'/z mile noith of Site 1. Our study showed
a ridge of approximately 25' at.6 mile north of Site 1. Ota propagation analysis showed no
effact of the ridge on coverege from either site. This is undentandable since both toweis were
analyzed at 180 fcet above ground The horiwn distance for a tower of 180' is approximately 20
miles. ff the ridge was a problem with the coveiage in the area, Site 2 would see less effect of the
ridge because it is appioximabely 25 miles closer to the ridge, thus, less shadowing will nsutt.
Our radio ProPagation study (coverage) showed insignificant diffetences between the stes. In
fact, Site 2 showed a slighfly better coverage mainly because the elevation at the site was
sliBhtlY hiP~ (approxknately 8').
Conceming the rddio propagation into the Walmart building, it is my wnderstanding that the
birilding is closer to Site 2 which should give better signal levels within the building. However,
because of the clase pmximity of the subjed sites, it is my opinion that either site will give about
the same sigoal shength within the strucdue. If thece is a problem with sigmi strength witliln the
facility> ttere aze ways to effecfively enhance the sigrials inside the building.
1425 Greenway Drive, Suite 350, Irving, Texas 75038, 972/580•1911. Fax: 972/580-0641,
www.trottgroup.com
O)TROTT
~OMMUNICAriONS GR04JP
Thus, based on our evaluation of the two sites, we see little teclwical differencxs between the
subject sites.
Please comact me if }rou have any qucstions.
Regazds,
Raymond C. Trott, P.E.
Chaitman
1425 Greenway Drive, Suite 350, Irving, Tezas 75038, 972/580-1911, Fax: 972/580-0641,
www.trottgroup.com
Louisiana Unwired Proposed
Tower at Mirabea Report
Presented to:
City of Paris, Texas
May 13, 2002
Trott Communications Group, Inc.
1425 Greenway Drive, Ste 350
Irving, Texas 75038
972/580-1911
972/580-0641 Fax
http://www.trottgroup.com
Contact:
Raymond C. Trott, P.E.
REPORT ON LOUISIANA UNWIRED PROPOSED TOWER AT MIRABEA
The firm of Trott Communications Group, Inc. ("TCG"), Irving, Texas, has been retained
by the City of Paris, Texas to analyze a proposed tower ("Tower") location by Louisiana
Unwired, LLC ("LU") for a 180' communications tower located southeast of the
intersection of Lamar Avenue and Loop 286 SE. The Tower is to be added to the LU
PCS system to enhance the coverage of the wireless telephone network to include the
eastern portion of the downtown area.
TCG has been asked by the City to investigate an alternate tower location for the
subject Tower.
For the analysis, LU supplied TCG with the parameters of the existing sites surrounding
the proposed Tower. These sites are:
Reno (Reno)
Paris Downtown (PDT)
Campbell (CBL)
Stone (STO)
The parameters (Exhibits TCG-2 through TCG-5) were used to develop propagation or
coverage plots of the above four sites so that a determination of whether a relocation of
the Tower will affect the overall system design.
Propagation Model
TCG uses EDX's Signal T" RF Propagation Tool for coverage predictions. TCG has
used this tool and its updates for over six years. We have found it to be extremely
reliable for the level of detail required for the design of cellular and PCS systems. The
computer model is based on industry standard techniques, including digital terrain
factors, that are similar to the various suppliers of propagation software.
Exhibit TCG-1 is a color plot of the predicted coverage of the 3 sectors of each of the
il
above 4 sites. For clarity, the predicted coverage from the Tower was not included. This
allows depiction of the void in the coverage without the Tower. The coverage of each
sector is shown by different colors. This a"best server" plot where areas shown for
~ each sector depict the strongest signal. Thus, any overlap of sector coverage would not
be shown.
~ Results
~ The design of wireless telephone systems, e.g., cellular and PCS, involves controlling
the propagation (coverage) of each cell such that a small area (cell) can be covered
~ efficiently and, at the same time, minimize interference to other cells utilizing the same
frequency groups. Controlling the signal levels at the perimeters of each cell is also very
~ important because of the requirement that when a subscriber passes from one cell to
another, the call is uninterrupted because of low signal levels. This is called, "hand-off'.
~ Because of this, the layout of the cells becomes very location-critical.
~ The analysis was conducted considering only the coverage of each sector and did not
include capacity, interterence or hand-off analyses.
~ In order to maintain the inte9ritY of the desi9n of the s stem, it a
Y ppears that the Tower
~ should be located within the area shown on the plot (Exhibit TCG-1). This area is
approximately 1 mi X.6 mi. There was no effort by TCG to determine whether or not
~ there was availability of a tower or property for a tower in this area.
19 Conclusion
It is the opinion of TCG that because of the critical aspect of the design of the LU
~ system, the Tower should be located somewhere within the area depicted on the
coverage plot of Exhibit TCG-1.
~n ~.1~.
4 •e•-;~ y •
r ,
~ Raymond C. Trott, P.E. ••..•.•.••.......i'~i
May 10, 2002 ~17MON u.....D.C..TROTT e
. ~ ww...u.u.n...
~ 23457 d
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EXHIBIT TCG-3
Confldontlai Information
Louisiana Unwi►ed
Site Specification Sheet
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Site Speefrication Sheet
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27,79
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EXHIBIT TCG-5
Confldentiai Intormation
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