Agenda No. 8.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | August 6, 2024 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 24-S-144 - Conduct a public hearing and consider a request for a Specific Use Permit to allow a monopole telecommunication facility on approximately 1 acre of land, known as Guadalupe County Property Identification Number 47083, more specifically known as 120 Windy Meadows Drive, City of Schertz, Guadalupe County, Texas. First Reading (B.James/L.Wood/S.Haas) |
BACKGROUND
The applicant is requesting a Specific Use Permit to allow a monopole telecommunication facility at the rear of approximately 1 acre of land, located at 120 Windy Meadows.
The subject property is zoned General Business District - 2 (GB-2) and is currently being used as a commercial business. The applicant is proposing to construct a telecommunication antenna on a portion of the existing lot.
On June, 21, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of this staff report, (0) responses in favor, (1) response neutral, and (0) responses in opposition have been received.
A public hearing notice was published in the "San Antonio Express" on July 17. Additionally, one sign was placed on the property.
Subject Property:
Adjacent Properties:
The subject property is zoned General Business District - 2 (GB-2) and is currently being used as a commercial business. The applicant is proposing to construct a telecommunication antenna on a portion of the existing lot.
On June, 21, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of this staff report, (0) responses in favor, (1) response neutral, and (0) responses in opposition have been received.
A public hearing notice was published in the "San Antonio Express" on July 17. Additionally, one sign was placed on the property.
Subject Property:
| Zoning | Land Use | |
| Existing | General Business - 2 (GB-2) | Commercial Business |
| Proposed | General Business - 2 (GB-2) | Commercial Business with Additional Monopole Telecommunication Facility |
Adjacent Properties:
| Zoning | Land Use | |
| North | Right of Way (ROW) | Windy Meadows Drive |
| South | General Business - 2 (GB-2) | Commercial Business |
| East | General Business - 2 (GB-2) | City of Schertz Public Use |
| West | General Business - 2 (GB-2) | Commercial Business |
GOAL
The proposed Specific Use Permit is to allow a telecommunication antenna on the property. The applicant is proposing to construct the tower to reach a maximum height of 120 feet.
- Per UDC Article 8, Section 21.8.6.G. Placement of Antenna Facilities, 120 Windy Meadows is categorized as a "Full Commercial" property.
- Per UDC Article 8, Section 21.8.6.I. Antenna Facility Siting Matrix, antenna facilities that reach a height of 120 feet on properties within the "Full Commercial" classification must first be approved for a Specific Use Permit.
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
When evaluating Specific Use Permits, staff uses the criteria listed in UDC section 21.5.11.D. The criteria are listed below.
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The Comprehensive Plan designates this property as Industrial Hub. The primary use of the property is not changing. However, the Comprehensive Land Plan also states that uses should be "generally compatible with JBSA". While the placement of this tower may not poses a risk to the mission of the base as exemplified by the letter from JBSA Randolph, it just doesn't seem to be a good decision to place a 120 foot tall tower that close to the flight path, particularly with a new aircraft, the T-7A coming. For this reason, staff has determined that this proposed monopole is not consistent with the policies embodied in the Comprehensive Land Plan.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District-2 (GB-2) is intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The telecommunication antenna is compatible with the commercial and light-industrial uses permitted, thus meeting the intent of the zoning district. That being said, authorizing tall structures near airports seems like a bad idea.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods.
UDC Section 21.8.6.A. states that telecommunication antennas shall "encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal". Locating the antenna facility in an area that is surrounded by higher-intensity commercial and some light-industrial uses ensures compatibility. As noted above, a tall monopole cell tower is not consistent with the intent of the AICUZ.
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
The proposed telecommunication antenna will not generate traffic.
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.
The proposed telecommunication antenna will not be required to incorporate traffic mitigation methods.
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The proposed development will have to meet all site requirements in Article 9 including the screening and buffering that will be required. Article 9 is in place to ensure adverse effects are minimized and mitigated.
7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.
The proposed development will have to meet all dimensional and design requirements of the General Business District -2 (GB-2) as stipulated in UDC Section 21.5.7. No variations to the requirements have been requested.
8. The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.
UDC 21.8.6.J.2 requires that City Council consider "the appropriateness of the location" of the "Antenna Facility". The proposed location for this tower lies within the approach/departure corridor of the east JBSA-Randolph runway and lies within the Bird Aircraft Strike Hazard (BASH) Critical Zone. The applicant has submitted a Bird Mitigation Plan, but JBSA-Randoplh provided the following comments:
The mitigation plan lists the usage of raptor decoys, sonic deterrents, bird spikes and wind-powered moving deterrents. Regarding the effectiveness of these proposed deterrents:
9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full.
This does not impact the first reading from Council.
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit.
Staff has not received any special considerations from the Planning and Zoning Commission or the City Council.
The applicant submitted a Federal Aviation Administration study that concluded the tower itself would not be a hazard to air navigation. Additionally, JBSA has reviewed this proposal and submitted a letter of no objection to staff. However, while the applicant has received a letter of "no objection" from JBSA-Randolph, it is staff's understanding that JBSA-Randolph follows technical criteria and strict guidelines when considering these letters. So, while the applicant has received "no objection" from JBSA, this does not mean the pilots and the mission of JBSA are not at risk.
On July 3rd, 2024, the Planning and Zoning Commission held a public hearing and recommended approval with a 6-0 vote. It should be noted that staff initially presented this item to The Comission with a recommendation of approval as well. However, due to further deliberation and additional conversations with JBSA-Randolph, staff has since changed it's recomendation. While the proposed tower may be compatible with surrounding land uses and the particular zoning district, this specific location presents a unique case as it is in the flight path of JBSA-Randolph pilots and within the BASH Critical Zone. Staff has determined that the safety risk of this proposal is too great.
Therefore, Staff recommends denial of the Specific Use Permit to allow a telecommunication antenna at the subject property.
1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan.
The Comprehensive Plan designates this property as Industrial Hub. The primary use of the property is not changing. However, the Comprehensive Land Plan also states that uses should be "generally compatible with JBSA". While the placement of this tower may not poses a risk to the mission of the base as exemplified by the letter from JBSA Randolph, it just doesn't seem to be a good decision to place a 120 foot tall tower that close to the flight path, particularly with a new aircraft, the T-7A coming. For this reason, staff has determined that this proposed monopole is not consistent with the policies embodied in the Comprehensive Land Plan.
2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
General Business District-2 (GB-2) is intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The telecommunication antenna is compatible with the commercial and light-industrial uses permitted, thus meeting the intent of the zoning district. That being said, authorizing tall structures near airports seems like a bad idea.
3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods.
UDC Section 21.8.6.A. states that telecommunication antennas shall "encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal". Locating the antenna facility in an area that is surrounded by higher-intensity commercial and some light-industrial uses ensures compatibility. As noted above, a tall monopole cell tower is not consistent with the intent of the AICUZ.
4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
The proposed telecommunication antenna will not generate traffic.
5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets.
The proposed telecommunication antenna will not be required to incorporate traffic mitigation methods.
6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties.
The proposed development will have to meet all site requirements in Article 9 including the screening and buffering that will be required. Article 9 is in place to ensure adverse effects are minimized and mitigated.
7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.
The proposed development will have to meet all dimensional and design requirements of the General Business District -2 (GB-2) as stipulated in UDC Section 21.5.7. No variations to the requirements have been requested.
8. The proposed [use] promotes the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.
UDC 21.8.6.J.2 requires that City Council consider "the appropriateness of the location" of the "Antenna Facility". The proposed location for this tower lies within the approach/departure corridor of the east JBSA-Randolph runway and lies within the Bird Aircraft Strike Hazard (BASH) Critical Zone. The applicant has submitted a Bird Mitigation Plan, but JBSA-Randoplh provided the following comments:
The mitigation plan lists the usage of raptor decoys, sonic deterrents, bird spikes and wind-powered moving deterrents. Regarding the effectiveness of these proposed deterrents:
- Raptor decoys - lose effectiveness quickly if not moved frequently and paired with lethal take.
- Sonic deterrents - birds habituate easily if noise is continuous or emitted on a predictable routine frequency
- Bird spikes - usually only effective against smaller birds, require frequent maintenance.
- Wind-powered moving deterrents - birds habituate easily and are only effective on windy days.
9. No application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full.
This does not impact the first reading from Council.
10. Other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit.
Staff has not received any special considerations from the Planning and Zoning Commission or the City Council.
The applicant submitted a Federal Aviation Administration study that concluded the tower itself would not be a hazard to air navigation. Additionally, JBSA has reviewed this proposal and submitted a letter of no objection to staff. However, while the applicant has received a letter of "no objection" from JBSA-Randolph, it is staff's understanding that JBSA-Randolph follows technical criteria and strict guidelines when considering these letters. So, while the applicant has received "no objection" from JBSA, this does not mean the pilots and the mission of JBSA are not at risk.
On July 3rd, 2024, the Planning and Zoning Commission held a public hearing and recommended approval with a 6-0 vote. It should be noted that staff initially presented this item to The Comission with a recommendation of approval as well. However, due to further deliberation and additional conversations with JBSA-Randolph, staff has since changed it's recomendation. While the proposed tower may be compatible with surrounding land uses and the particular zoning district, this specific location presents a unique case as it is in the flight path of JBSA-Randolph pilots and within the BASH Critical Zone. Staff has determined that the safety risk of this proposal is too great.
Therefore, Staff recommends denial of the Specific Use Permit to allow a telecommunication antenna at the subject property.
RECOMMENDATION
Approval of Ord. 24-S-144
Attachments
- Ord. 24-S-144 with Exhibits
- Aerial Exhibit
- Public Hearing Notice Map
- Public Hearing Responses
- JBSA Letter
- City Council Presentation Slides