3. Consider and act upon the minutes of the August 6, 2018 Board of Adjustment meeting.

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1 Meeting Agenda Oak Point Board of Adjustment Meeting Oak Point City Hall 100 Naylor Road Oak Point, Texas Call to order and announce a quorum is present Monday, November 5, :00 P.M. 2. Pledge of Allegiance and Pledge to the Texas Flag. 3. Consider and act upon the minutes of the August 6, 2018 Board of Adjustment meeting. 4. Conduct a public hearing, discuss, and act upon a request for a variance to encroach four feet into the front yard set-backs for a 192 square foot accessory structure located on Lot 85 of Emerald Sound at Lake Lewisville, more commonly known at 600 Diamond Point. (Bockes) 5. Conduct a public hearing, discuss and act upon a request for a variance for a 197-foot Communication Tower (microwave communication system) on approximately acres located at the Brazos Electric Substation Tract, approximately 2,000 feet east of FM 720 on the future Martop Road. (Bockes) 6. Adjourn. Except for items in the Agenda designated as public hearing or otherwise designated for public input, there will be no public input during the course of this meeting without express authorization from the presiding officer. If during the course of the Board meeting, any discussion of any item on the agenda should warrant a closed meeting, the Corporation may conduct a closed meeting in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, Subchapters (D) and (E). This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact City Hall at (972) or FAX (972) for further information. CERTIFICATION: I do hereby certify that this Notice of public meeting was posted on the outside bulletin board at the Oak Point City Hall, a place convenient and readily accessible to the general public at all times, and said Notice was posted at a.m. / p.m. on the 2nd day of November, Amy Bockes, City Secretary This notice was removed at a.m./p.m. on the day of November, Amy Bockes, City Secretary Meeting of the Oak Point Board of Adjustment Monday, November 5, 2018 Page 1 of 1

2 Meeting Minutes Oak Point Board of Adjustment Meeting Oak Point City Hall 100 Naylor Road Oak Point, Texas Call to order and announce a quorum is present Monday, August 6, :00 P.M. Chairperson Maynard called the meeting to order at 6:00 p.m. with the following roll call: Leslie Maynard Chairman Present Lee Ann Keener Vice Chairman Present Jerod Adams Board Member Present Suzanne Glorioso Board Member Present Thom Tremblay Board Member Present Nancy Tremblay Alternate Present City staff present: Luke Olson Amy Bockes City Manager City Secretary And with a quorum present the following items were addressed: 2. Pledge of Allegiance and Pledge to the Texas Flag. Chairman Maynard led the Pledge of Allegiance and Pledge to the Texas Flag. 3. Administer Oath of Office to Board of Adjustment members. Amy Bockes, City Secretary, administered the Oaths to newly reappointed members: Jerod Adams, Suzanne Glorioso and Lee Ann Keener. 4. Discuss the role and responsibilities of the Board of Adjustment. Luke Olson, City Manager, provided a brief overview of the duties of the Board of Adjustments. 5. Nomination and appointment of Chairman and Vice Chairman of the Board of Adjustment. Board Member Glorioso motioned to nominate and appoint Leslie Maynard as the Chairman for a one year term; motion seconded by Board Member Tremblay. Board Member Tremblay motioned to nominate and appoint Lee Ann Keener as the Vice Chairman; motion seconded by Board Member Adams. Both motions passed with one vote of 5-0. Meeting of the Oak Point Board of Adjustment Monday, August 6, 2018 Page 1 of 2

3 6. Consider and act upon the minutes of the July 2, 2018 Board of Adjustment meeting. Board Member Adams motioned to approve the minutes from the July 2, 2018 Board of Adjustment meeting; motion seconded by Board Member Glorioso. The motion passed with a vote of Conduct a public hearing, discuss, and act upon a request for a variance to reduce the total lot size on Lot 1, Block A (200 Martingale) and Lot 1, Block B (201 Martingale) from a total lot size of 2.5 acres (Lot 1, Blk A) and 2.7 acres (Lot 1, Blk B) to 1.95 acres (Lot 1, Blk A) and (Lot 1, Blk B). The property is zoned PD-5. The purpose of this item was to grant a variance to reduce the total lot size on two lots in the Hunter s Ridge PD-5 that require a minimum of 2.5 acres lots. Lot 1, Block A, also known at 200 Martingale, and Lot 1, Block B, also known as 201 Martingale, were part of the TXDoT FM 720 expansion project and in order to move the utilities for the expansion it required the taking of land from property owners along FM 720. Two lots located within the expansion area were reduced from 2.5 and 2.7 acres down to 1.95 and acres. The applicant requested that the Board approve a variance to reduce the total lot sizes due to the reduction created by the FM 720 expansion. A notice of public hearing was published in the Little Elm Journal on Friday, July 20, 2018 and public hearing notices were mailed to property owners within 200 feet of the subject properties. As of Friday, August 3, one reply form in favor of the request was received by the City. After review by the City planner, City staff recommended approval of the variance and to open the public hearing. Chairman Maynard opened the public hearing at 6:10 p.m. John Lusk, Cedar Pine Lane, asked if the lots still met the set-back requirements with the reduction. City staff stated that all set-backs could still be met with the approval of the variance. Chairman Maynard closed the public hearing at 6:13 p.m. Board Member Adams motioned that the Board of Adjustment approve a variance to reduce the total lot size on Lot 1, Block A (200 Martingale) and Lot 1, Block B (201 Martingale) from a total lot size of 2.5 acres (Lot 1, Blk A) and 2.7 acres (Lot 1, Blk B) to 1.95 acres (Lot 1, Blk A) and (Lot 1, Blk B); motion seconded by Vice Chairman Keener. Motion passed with a vote of Adjourn. Board Member Tremblay motioned to adjourn; motion seconded by Board Member Glorioso. Motion passed with a vote of 5-0.The meeting adjourned at 6:14 p.m. Leslie Maynard, Chairman ATTEST: Amy Bockes, City Secretary Meeting of the Oak Point Board of Adjustment Monday, August 6, 2018 Page 2 of 2

4 To: From: Re: Board of Adjustment Amy Bockes, Interim City Manager 600 Diamond Point Variance Request Date: November 5, 2018 Agenda Item: Conduct a public hearing, discuss, and act upon a request for a variance to encroach 4 feet into the front yard setback requirement on Lot 85 of Emerald Sound at Lake Lewisville, also known as 600 Diamond Point. The property is zoned PD 2 which allows for the development of detached single family dwelling units. The front yard setback requirement is 50 feet. The applicant is requesting the front yard setback requirement be reduced to 46 feet for a 192 square foot accessory structure. Description of Agenda Item: The subject property is located at 600 Diamond Point (Lot 85 of Emerald Sound at Lake Lewisville). The lot contains approximately 1.19 acres. The property is zoned PD 2 (Planned Development 2) The City issued a permit for the 192 square foot structure on March 14, 2018 based on the submitted plot plan with the structure being noted as 54 from the front property line, however, the property line was drawn from the wrong location and the accessory structure is actually located at 46 instead of 54. The City is bringing the variance before the Board of Adjustments to get approval for the 4 foot encroachment. The property owner has a septic system that prevents the accessory structure from being able to be moved to a different location and since the permit was approved based on the original drawing, staff felt the variance process was the best in order to have on file that the encroachment of 4 feet was approved. Legal Obligations and Review: Both State law and City ordinance give the Board of Adjustment the authority to authorize, in specific cases, a variance from the terms of the Zoning Ordinance if: the variance is not contrary to the public interest; and due to special conditions, a literal enforcement would result in unnecessary hardship; and the spirit of the ordinance is observed and substantial justice is done. Agenda Item No. 4 Page 1 of 10

5 Therefore, the Board must use these criteria when evaluating the applicant s request to reduce the front yard setback from fifty (50) feet to forty six (46) feet. To assist in the Board s evaluation of the variance requests, City staff offers the following comments and observations in response to each of the three criteria. 1. The variance is not contrary to the public interest The City s Zoning Ordinance states that the zoning regulations have been established for the purpose of promoting the health, safety, morals, and general welfare of the City. The zoning regulations are designed to lessen congestion in the streets, to secure from fire, panic and other dangers, to provide an adequate quality of light and air, to prevent overcrowding of lands, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The zoning regulations have been made with reasonable consideration, among other things, of the character of the area and its peculiar suitability for the particular uses, and with a view of preserving the value of buildings and property and encouraging the most appropriate use of land throughout the community. Building setbacks are required for several reasons. These reasons include: Setbacks promote the general scale of a neighborhood by establishing a physical relationship between structures. Setbacks maintain separation and access between structures for firefighting purposes. Setbacks establish privacy relationships between neighbors. Larger front setbacks promote open and visually pleasing front yards. Setbacks for accessory structures (garages) are typically designed to accommodate adequate area for parking for vehicles and visibility from vehicles. Setbacks allow room for lawns, landscaping, and recreation. Setbacks protect the light and sunshine in to homes and buildings. Setbacks provide areas for drainage between homes. The applicant is requesting the ability to reduce the front yard setback from fifty (50) feet to forty six (46) feet for a 192 square foot accessory structure that would could not be located any further back due to the septic. While the lot is not irregularly shaped, City staff feels that a reduction in the setback would not compromise fire protection, aesthetics, drainage, or any other aspects of public interest. 2. Due to special conditions, a literal enforcement would result in unnecessary hardship The property is not subject to any special conditions, however the intent of the property owner is to protect their valuable property. After visiting the location, there is not enough area on the lot to place an accessory structure due to septic system location and natural drainage on the property. 3. The spirit of the ordinance is observed and substantial justice is done. There are a variety of building setbacks in the City of Oak Point as demonstrated in the zoning history. Staff believes that this variance of 4 feet will not be detrimental and will still Agenda Item No. 4 Page 2 of 10

6 preserve the value of buildings and property throughout the community. If the Board approves a variance to reduce the setback, the intent and purpose of the zoning regulations will still be met and the spirit of the ordinance will still be observed. Legal Requirements: Notice of the variance request was advertised in the Denton Record Chronicle on Monday, October 15, 2018 and notices were postmarked on October 11, 2018 and mailed to all property owners located within 200 feet of the subject property. As of Friday, November 2, 2018, staff received one (1) rely forms in favor of the request. Attached Documents: 1. Location Map 2. Aerial Map 3. Location of Proposed Structure 4. Exhibit of Proposed Structure 5. Reply Forms Options: City staff recommends approval of the request to encroach 4 feet into the front yard setbacks. Provided the Board of Adjustment determines that the variance is not contrary to the public interest, a literal enforcement would result in unnecessary hardship due to special conditions, and the spirit of the ordinance is observed and substantial justice is done, the Board of Adjustment may: 1. Approve the variance to reduce the front yard setback from fifty (50) feet to forty six (46) feet for a 192 square foot accessory structure on Lot 85 of Emerald Sound at Lake Lewisville, also known as 600 Diamond Point; or 2. Deny the request. Agenda Item No. 4 Page 3 of 10

7 Location/Zoning Map SUBJECT PROPERTY Agenda Item No. 4 Page 4 of 10

8 Aerial Map SUBJECT PROPERTY Agenda Item No. 4 Page 5 of 10

9 Location of Accessory Structure Agenda Item No. 4 Page 6 of 10

10 SEPTIC SYSTEM LOCATION Agenda Item No. 4 Page 7 of 10

11 EXHIBIT OF STRUCTURE Agenda Item No. 4 Page 8 of 10

12 EXHIBIT OF STRUCTURE Agenda Item No. 4 Page 9 of 10

13 EXHIBIT OF STRUCTURE Agenda Item No. 4 Page 10 of 10

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15 To: From: Board of Adjustments Amy Bockes, Interim City Manager Re: Board of Adjustment Meeting November 5, 2018 Date: November 2, 2018 Agenda Item: Conduct a public hearing, consider and act a variance for a 197 foot Communication Tower (microwave communication system) for the Brazos Electric Substation consisting of an approximately acre tract of land located in the William McNeil Survey, Abstract No. 814, approximately 2,000 feet east of FM 720 and the future Martop Expansion Description of Agenda Item: The subject property comprises acres of land. The property is zoned PD-13 which allows for the development of single-family dwelling units, but requires a specific use permit for an electric distribution substation. The SUP application is a separate application that was approved by the Planning and Zoning Commission at their September 4, 2018 meeting and the City Council at their September 17, 2018 meeting. An electricity distribution substation is a non-specified land use in this Planned Development District and it is not a specified land use in the R-4X Zoning District. In order for the requested use to be allowed, the Planning and Zoning Commission and City Council had to consider the application for the specific use permit, which as noted above was approved in September. The final plat and site plan for the substation was then presented to the Planning & Zoning and City Council at their October meetings and approved. The final phase of the project is the variance to approve the communication tower. The application for the variance includes documentation from Brazos related to the tower and states: The proposed communication tower is 185 feet in height plus a lightning rod that extends 12 feet for a total of 197-feet. The Microwave Communications System purpose according to Brazos is: to monitor and operate all Brazos owned power plants, natural gas pipe lines, transmission lines and electrical substations that make up Brazos total electrical system. Brazos collects system data (SCADA) from all of its facilities and uses it for analyzing performance of the system, predicting future requirements of the system and operating equipment in the field to protect and maximize the efficiency of the electrical system. The communication system also allows a level of control of the electrical system for protection and operation of the electrical system. This data is Agenda Item No. 5 Page 1 of 6

16 also provided to Brazos 16 member distribution electrical cooperatives through this microwave system to aid in their electrical distribution systems operations to their consumers. It also provides private emergency communications for employees without having to rely on the operation of the local telephone or cellular systems. Additional justification for the tower according to Brazos is: Justification of Brazos microwave communications system is to allow erective and proper operation of the electrical system, ERCOT (Electric Reliability Council of Texas) monitoring and operating requirements and other federal and state agency regulations. ERCOT manages the flow of the electric power to approximately 24 million Texas consumers representing about 90% of the state s total electric load. NERC is a not-for-profit international regulatory authority whose mission is to assure the reliability and security of the bulk power systems in North America. Legal Obligations and Review: Both State law and City ordinance give the Board of Adjustment the authority to authorize, in specific cases, a variance from the terms of the Zoning Ordinance if: the variance is not contrary to the public interest Brazos response: This project is indeed desired by the City at large as it will provide additional power security and stability for the area. due to special conditions, a literal enforcement would result in unnecessary hardship Brazos response: Literal enforcement would likely kill the project as the tower could not be built to the proper height and would not allow Brazos to maintain the operations of the facility. the spirit of the ordinance is observed and substantial justice is done. Therefore, the Board must use these criteria when evaluating the applicant s request Brazos response: While a structure of this height may not be the most desirable, they are necessary for the functionality of this facility. It is out of necessity that the variance in height is being requested rather than any selfish gain. As such, we believe the spirit of the code is being followed. The notice of public hearing was published in the Denton Record Chronicle on Monday, October 15, 2018 and notices of the public hearing were mailed to property owners within 200 feet on Friday, October 12, As of Friday, November 2, 2018 no reply forms have been received by City staff. Attached Documents: Location Map Tower Drawing Site Plan Agenda Item No. 5 Page 2 of 6

17 Staff recommendation: City staff has reviewed the request and the City Planner has recommended that the Board of Adjustments approve a request for a variance for a 197 foot Communication Tower (microwave communication system) for the Brazos Electric Substation consisting of an approximately acre tract of land located in the William McNeil Survey, Abstract No. 814, approximately 2,000 feet east of FM 720 and the future Martop Expansion subject to the tower and its support building being located on the site to minimize any potential hazards to adjacent or nearby residential uses. Agenda Item No. 5 Page 3 of 6

18 BRAZOS ELECTRIC SUSTATION SITE LOCATION MAP Subject Property Future Martop FM 720 Agenda Item No. 5 Page 4 of 6

19 Agenda Item No. 5 Page 5 of 6 Tower Drawing

20 SITE PLAN-BRAZOS SUBSTATION Agenda Item No. 5 Page 6 of 6

21 September 19, 2018 File: BEC engineers surveyors landscape architects The City of Oak Point Board of Adjustments 100 Naylor Road Oak Point, TX RE: Brazos Electric Substation Communications Tower Height Variance Request Dear Board of Adjustment Members, On behalf of our Client, Brazos Electric Power Cooperative (Brazos), please accept this letter as our formal request for a variance from the City of Oak Point Standard Zoning Requirements within the R4X District of the City of Oak Point Zoning Ordinance (Ordinance No ) and the associated zoning changes as defined by Planned Development No. 13 (see Attachment A) regarding height limitations. This project is located 2,000 Feet east of the intersection of FM 720 and Martop Road, Oak Point, Denton County, Texas and includes an area of acres. The site is located on the south side of what is anticipated to be future Martop Road. The project is currently in the review process with the City of Oak Point and we will be addressing comments and recommendations on our civil construction drawings upon receipt of the review comments. R4X (base zoning) is defined as a Single-Family Residential District An existing residential district for the development of detached single-family dwelling units on minimum 10,000 SF lots. As part of this project s design process, we have submitted and ascertained approval of a Special Use Permit (SUP) to permit the design and construction of the Substation. Please refer to Attachment B for the approval document. However, the base zoning only permits a maximum height on the site of 35-Feet. The proposed Communications Tower is 185-Feet in height plus a lightning rod that extends 12-Feet for a total of 197-Feet. Please refer to Attachment C for the Communications Tower exhibit of what is proposed to be installed and Attachment D for a picture of a similar tower from a previous project. The Microwave Communications System Purpose according to Brazos is: to monitor and operate all Brazos owned power plants, natural gas pipe lines, transmission lines and electrical substations that make up Brazos total electrical system. Brazos collects system data (SCADA) from all of its facilities and uses it for analyzing performance of the system, predicting future requirements of the system and operating equipment in the field to protect and maximize efficiency of the electrical system. The communications system also allows a level of control of the electrical system equipment for protection and operation of the electrical system. This data is also provided to Brazos 16 member distribution electrical cooperatives through this microwave system to aid in their electrical distribution systems operations to their consumers. It also provides private emergency communications for employees without having to rely on the operation of the local telephone or cellular systems. Additionally, the justification for the communications tower according to Brazos is: Fort Worth 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas Allen 825 Watters Creek Boulevard, Suite M300 Allen, Texas Denton 1517 Centre Place Drive, Suite 320 Denton, Texas Registered by the TBPLS Fort Worth Allen Denton Registered by the TBPE Firm No. F-230

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23 September 19, 2018 Board of Adjustment Members Reference: Brazos Oak Point Substation ATTACHMENT A

24 CITY OF OAK POINT ZONING MAP JANUARY 2018 Site Location PD-13 Zoning ANNEXATION TRACT R-1 RE-3 PD-2 RE-5 S 34 R-1 PD-2 R-4X PD-13 & PD-7 PD-16 S-26 S-25 PD-3 PD -5 PD -6 RE-5 PD-12 R-3X RE-3 PD-9 PD-4 PD-17 PD-3 PD-1 M H RX RE-5 R-3X RE-5 RE-5 A CC MHRX NC PD-# SPECIFIC USE PERMIT (S-#) R-3X R-2 R-1 S-27 R-4X S-28 R-1 R-2 R-3X RE-5 RE-3 RE-5 R-3X DISCLAIMER: The City of Oak Point has prepared this map or information for internal use only. it is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. Oak Point assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. Oak Point makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. You created this PDF from an application that is not licensed to print to novapdf printer (

25 September 19, 2018 Board of Adjustment Members Reference: Brazos Oak Point Substation ATTACHMENT B

26 2415 N. Elm Street Denton, TX Office: Fax: TBPE Firm #: 7898 July 10, 2018 Mr. Luke Olsen City Manager City of Oak Point 100 Naylor Road Oak Point, TX Re: Brazos Electric Substation SUP Approval AEG No.: OPT04GS Dear Mr. Olsen: Allison Engineering Group has completed a review of the submitted revised plans for the Brazos Electric Oak Point Substation. AEG recommends that the documents be approved. The engineering design appears to be responsible and in accordance with design criteria established by the City of Oak Point. Please note that if plans are revised for any reason, the revised sheets will need to be provided to the City of Oak Point for additional review. We appreciate the opportunity to continue providing professional services for the City of Oak Point. Please call if you have any questions or need any additional information or clarification. Respectfully Submitted, Allison Engineering Group, Inc. Lee K. Allison, P.E., FNSPE P:\Projects\OPT04GS General Services\Sub-Divisions\2018\Brazos Electric Substation SUP\ Brazos Substation SUP - APPROVAL.doc Page 1 of 1

27 September 19, 2018 Board of Adjustment Members Reference: Brazos Oak Point Substation ATTACHMENT C

28 Approved: 3/4" X 12' LIGHTNING ROD WEST LEG 185' 180' 160' 140' 120' 100' 80' 60' 40' 20' NORTHWEST LEG SOUTH LEG 6' HP ANTENNA TO MOUND SUB C.L. = 180' AGL AZIMUTH = 190 ON SOUTH LEG 4' HP ANTENNA TO LEGACY SW. C.L. = 171' AGL AZIMUTH =112 ON NE LEG 4' HP ANTENNA TO CORINTH C.L. = 141' AGL AZIMUTH = 228 ON SOUTH LEG 6' HP ANTENNA TO AUBREY SUB C.L. = 96' AGL AZIMUTH = 347 ON NW LEG NORTHEAST LEG Work Order/Job No.: File No.: OAK POINT SUBSTATION 185' SELF-SUPPORT TOWER AND ANTENNA LOADING Scale: NONE Dwg. No.: 945cTower1.dgn Date: 8/28/2018 1:52:29 PM Drawn: Checked: MCKNIGHT ABEL 945C DERRICK No. Date WO/J# Revisions Dr. Chk. App. Print: 8/28/2018 1:52:29 PM Sheet No.: TOWER-1 W:\ENG\COMMDEPT\PROJECTS\CoServ Microwave System\Oak Point\945cTower1.dgn

29 September 19, 2018 Board of Adjustment Members Reference: Brazos Oak Point Substation ATTACHMENT D Picture of a similar tower