CITY OF HOUSTON, ALASKA RESOLUTION 18-05

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1 Introduced by: Planning & Zoning Commission Introduction Date: Public Hearing: Adoption Date: Vote: CITY OF HOUSTON, ALASKA RESOLUTION A RESOLUTION OF THE HOUSTON CITY COUNCIL APPROVING CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION TOWER LOCATED AT W. ZERO LAKE ROAD AT&T, CROWN CASTLE AS APPLICANT WHEREAS, HMC provides that the privileges and responsibilities associated with conditional use permits run with the land to which they pertain; and WHEREAS, in April 2018, a subsidiary of AT&T, Crown Castle applied for a Conditional Use Permit for a Telecommunications Tower at Zero Lake Road; and WHEREAS, The Public Works Director and the Planning & Zoning Commission reviewed the application and made recommendations to the Houston City Council sitting as the City Zoning Board; and WHEREAS, the Planning & Zoning Commission conducted a public hearing regarding the request, and considered all evidence and testimony presented to it with respect to the application; and WHEREAS, on May 31, 2018 the Commission consequently adopted Resolution No. 18- PC-02; and WHEREAS, the Commission is forwarding Resolution No.18-PC-02 and all exhibits incorporated therein and recommends that the City of Houston sitting as the Zoning Board approve Houston Conditional use Permit #18-01, attached as Exhibit B, which sets forth all specific conditions therein; and WHEREAS, AT&T Mobility/Crown Castle has acknowledged that it will accept all responsibilities associated with Conditional Use Permit #18-01; and WHEREAS, the Houston City Council sitting as the City Zoning Board considered the factors of HMC ; and WHEREAS, the Houston City Council sitting as the City Zoning Board considered the Public Works Director staff report and the Planning & Zoning Commission s recommendations; and WHEREAS, the Houston City Council sitting as the City Zoning Board conducted a public hearing regarding the request, and considered all evidence and testimony presented to it with respect to the application; and Bold and Underline, added. Strike through, deleted. City of Houston Resolution No

2 WHEREAS, the Houston City Council sitting as the City Zoning Board shall approve or deny the application for the conditional use permit within 30 calendar days of the close of the public hearing unless additional information has been requested by the City Council; and WHEREAS, in approving the permit, the City Council may include any special restrictions or conditions deemed necessary or desirable in furthering the intent of HMC or the Comprehensive Plan as it relates to the development of the proposed project. The City Council may deny a conditional use permit when it finds the application not to be in conformity with the purposes and intent of this chapter or not consistent with the City of Houston Comprehensive Plan; and WHEREAS, the City Council sitting as the City Zoning Board reserves the right to unilaterally amend the conditional use permit when it is determined to be in the best interest of the city to do so, this can be, but is not limited to, correcting errors in the original permit or to reflect changes in local, state or federal regulations; and NOW, THEREFORE, BE IT RESOLVED THAT: the Houston City Council finds the application request complies with the standards and provisions of HMC and the City of Houston Comprehensive Plan and; NOW, THEREFORE, BE IT FURTHUR RESOLVED THAT: The Houston City Council, sitting as the City Zoning Board approves Conditional Use Permit # 18-01, attached as Resolution 18-PC-02 Exhibit B, which sets forth all specific conditions. PASSED AND APPROVED by the Houston City Council on. THE CITY OF HOUSTON, ALASKA Virgie Thompson, Mayor ATTEST: Sonya Dukes, CMC, City Clerk Bold and Underline, added. Strike through, deleted. City of Houston Resolution No

3 EXHIBIT B

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6 (DRAFT) CITY OF HOUSTON CONDITIONAL USE PERMIT AT&T MOBILITY / CROWN CASTLE TELECOMMUNICATIONS TOWER PERMIT NUMBER: COHCUP #18-01 PERMITEE: AT&T Mobility / Crown Castle ACTION TAKEN: Pursuant to HMC , COHCUP #18-01 for Telecommunications Tower is hereby ISSUED in accordance with this document. EFFECTIVE DATES: PERMITTED SITE: PARCEL SIZE: ZONING DISTRICT: XXXX, 2018 Through End of Lease W. Zero Lake Road Utitlies Only Unit Acres Public Lands and Institutions (PLI) PERMITTED USE: The premises may be used by applicant for the transmission and reception of communication signals and for the construction, installation, operation, maintenance and repair of related support facilities, such as tower base,antennas, microwave dishes, equipment shelters and/or cabinets but only for the provision of what is commonly known as cellular telephone service (whether or not technically referred to as Personal Communications Service, or some other term) by the use of "personal wireless service facilities"(as such phrase is defined in 704 of the Federal Telecommunications Act of 1996, Pub. L. No , 110 Stat.56 (1996), partially codified at 47 U.S.C. 332(C) (7) (C) (2), hereinafter "1996 Act Section 704") and not for any other purpose. General Requirements and Conditions All development and uses of the permitted site will occur as described in the approved application submittal and as further specified by the conditions herein. Any variance from the requirements or conditions of this permit from Houston Municipal Code may be grounds for penalties as authorized by the City of Houston including but not limited to, revocation of the permit under HMC (Termination of Conditional Use Permits). Unless otherwise specified all items are required to be submitted to, or approved by, the City of Houston prior to start up under this permit.

7 Specific Conditions of the Permit 1. The applicant shall comply with all other applicable federal, state, and local regulations. 2. The applicant shall comply with all provisions in the Communication Site Lease. 3. Signs intended for view across lot lines shall not be permitted except for warning signs required to address safety issues on the site. 4. Structural setbacks shall comply with HMC Title The facility shall not be larger than 3,000 sq. feet 6. A minimum 6-foot chain link fence topped with one foot of barbed wire shall be constructed and kept locked to keep out unauthorized personnel. 7. The height of the tower shall not exceed 180 feet. 8. The color of the tower shall be grey. 9. The permittee shall be responsible for maintaining all aspects of the operation, improvements, development, and site in compliance with the terms and conditions of the permit and all applicable local, state, and federal requirements (HMC ). 10. Authorized representatives of the City shall be allowed to inspect the site and related records for the purpose of monitoring compliance with all permit conditions. 11. The applicant shall agree they will negotiate in good faith to facilitate collocation of additional wireless facilities by other providers on the applicant's structure or within the same site location 12. The permitee shall remove the facility within two years after abandonment or termination of the permit in accordance HMC (4). 13. The permitee as lessee for the property must adhere to all terms of the lease. 14. A letter signed by the applicant stating that the tower will comply with all Federal Aviation Administration (FAA) regulations, Federal Communications Commission (FCC) and Electronic Industries Alliance (EIA) standards and all other federal, state and local laws. 15. A Conditional Use Permit shall be required prior to expansion or alteration of the operation. 16. Guys, guy anchors and accessory facilities must meet zoning setback requirements in accordance with

8 Applicant agrees to hold the City of Houston harmless and indemnify the City from any and all claims, against any loss, liability, demands, damage, cause of action, cost or expense of any nature whatsoever, including without limitation reasonable attorney's fees and other legal costs (whether or not suit is brought) which Applicant might incur by reason of Applicant's use of the leased premises. Approval This permit has been approved by the City of Houston Zoning Board Resolution ##-##. Permittee s Acknowledgement and Acceptance of Conditions I, the undersigned, acknowledge that Permittee understands the conditions established by this permit, agree to comply with them, and am in all respects authorized to do so on behalf of the Permittee. At&T Mobility, Agent Andi Saxon, Crown Castle Date Note: Written authorization by Permittee for representative to sign this permit must be attached or on file with the City. City Representative Authorized to Administer this Permit Mayor Virgie Thompson Date Page 3 of 3 COHCUP #18-01

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27 UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION ANTENNA STRUCTURE REGISTRATION OWNER: CCATT LLC FCC Registration Number (FRN): ATTN: Regulatory Department CCATT LLC 2000 Corporate Drive Canonsburg, PA Location of Antenna Structure W. Zero Lake Road Houston, AK County: MATANUSKA-SUSITNA Latitude Longitude 61 38' 23.2" N ' 54.6" W Center of Array Coordinates Painting and Lighting Requirements: FAA Chapters 4, 5, N/A NAD83 Antenna Structure Registration Number Issue Date 04/17/2014 Ground Elevation (AMSL) 94.1 Overall Height Above Ground (AGL) meters 59.1 meters Overall Height Above Mean Sea Level (AMSL) Type of Structure TOWER Free standing or Guyed Structure used for Communications Purposes meters Paint and Light in Accordance with FAA Circular Number 70/7460-1K Conditions: This registration is effective upon completion of the described antenna structure and notification to the Commission. YOU MUST NOTIFY THE COMMISSION WITHIN 24 HOURS OF COMPLETION OF CONSTRUCTION OR CANCELLATION OF YOUR PROJECT, please file FCC Form 854. To file electronically, connect to the antenna structure registration system by pointing your web browser to Electronic filing is recommended. You may also file manually by submitting a paper copy of FCC Form 854. Use purpose code NT for notification of completion of construction; use purpose code CA to cancel your registration. The Antenna Structure Registration is not an authorization to construct radio facilities or transmit radio signals. It is necessary that all radio equipment on this structure be covered by a valid FCC license or construction permit. You must immediately provide a copy of this Registration to all tenant licensees and permittees sited on the structure described on this Registration (although not required, you may want to use Certified Mail to obtain proof of receipt), and display your Registration Number at the site. See reverse for important information about the Commission s Antenna Structure Registration rules. Page 1 of 2 FCC 854R

28 You must comply with all applicable FCC obstruction marking and lighting requirements, as set forth in Part 17 of the Commission s Rules (47 C.F.R. Part 17). These rules include, but are not limited to: Posting the Registration Number: The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Materials used to display the Registration Number must be weather-resistant and of sufficient size to be easily seen at the base of the antenna structure. Exceptions exist for certain historic structures. See 47 C.F.R. 17.4(g)-(h). Inspecting lights and equipment: The obstruction lighting must be observed at least every 24 hours in order to detect any outages or malfunctions. Lighting equipment, indicators, and associated devices must be inspected at least once every three months. Reporting outages and malfunctions: When any top steady-burning light or a flashing light (in any position) burns out or malfunctions, the outage must be reported to the nearest FAA Flight Service Station, unless corrected within 30 minutes. The FAA must again be notified when the light is restored. The owner must also maintain a log of these outages and malfunctions. Maintaining assigned painting: The antenna structure must be repainted as often as necessary to maintain good visibility. Complying with environmental rules: If you certified that grant of this registration would not have a significant environmental impact, you must nevertheless maintain all pertinent records and be ready to provide documentation supporting this certification and compliance with the rules, in the event that such information is requested by the Commission pursuant to 47 C.F.R (d). Updating information: The owner must notify the FCC of proposed modifications to this structure; of any change in ownership; or, within 30 days of dismantlement of the structure. You can find additional information at [insert link] or by calling (877) (TTY ). Page 2 of 2 FCC 854R

29 Federal Aviation Administration Air Traffic Airspace Branch, ASW Meacham Blvd. Fort Worth, TX Aeronautical Study No AAL-736-OE Prior Study No AAL-229-OE Issued Date: 12/16/2008 AT&T Mobility - Dana Irvin Don Houghton 5601 Legacy Dr., MS: A3 Plano, TX ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower HOUSTON Location: Houston, AK Latitude: N NAD 83 Longitude: W Heights: 194 feet above ground level (AGL) 503 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure should continue to be marked and/or lighted utilizing red lights. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study included evaluation of a structure that exists at this time. Action will be taken to ensure aeronautical charts are updated to reflect the most current coordinates, elevation and height as indicated in the case description. Page 1 of 5

30 A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (907) On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2008-AAL-736-OE. Signature Control No: Robert van Haastert Specialist (DNE) Attachment(s) Frequency Data Map(s) cc: NACO w/map Page 2 of 5

31 Frequency Data for ASN 2008-AAL-736-OE LOW FREQUENCY HIGH FREQUENCY FREQUENCY UNIT ERP ERP UNIT MHz 500 W MHz 500 W MHz 500 W MHz 500 W MHz 500 W MHz 7 W MHz 3500 W MHz 3500 W MHz 17 dbw MHz 1000 W MHz 3500 W MHz 1640 W MHz 1640 W MHz 2000 W MHz 2000 W Page 3 of 5

32 TOPO Map for ASN 2008-AAL-736-OE Page 4 of 5

33 Sectional Map for ASN 2008-AAL-736-OE Page 5 of 5

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