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Lease MEMORANDUM OF LEASE Assessor's Parcel Number: 45488 Between Faith Investments("Landlord")and Skyway Towers,LLC("Tenant") A Site Lease with Option (the"Lease")by and between Faith Investments, a Texas general Partnership("Landlord")and Skyway Towers, LLC,a Delaware limited liability company("Tenant")was made regarding a portion of the following property: See Attached Exhibit"A"incorporated herein for all purposes The Option is for a term of twelve(12)months after the Effective Date of the Lease(as defined under the Lease),with up to one additional twelve(12)month renewal("Optional Period"). The Lease is for a term of five(5)years and will commence on the date as set forth in the Lease(the"Commencement Date"). Tenant shall have the right to extend this Lease for five(5)additional and successive five-year terms. IN WETNESS WHEREOF,the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: Faith Investments,a Te,as g neral pa • rship By: �. Printed Name: Ow, 'arolian Title: Partner Date: 1 • LANDLORD: / By: i/ Printed Name: Robert Pant/inn Title: Partner Date: /b--/G /3 TENANT: Skyway Towers,LLC,a Delawar- ed .ability company By: Printed Name: Seott M, Behuniak Title: President/COO Date: 1i/12113 - Site Number, TX-09578-41 Site Maine: Faith lnvestinents [Notary block for Landlord! STATE OF TEXAS ) ,� )ss. COUNTY OF 1�>7-tt-7.4s ) This instrument was acknowledged before me on Oc.a`• /a;., 2-0/3 by Oscar Parulian, Partner of Faith Investments, a Texas general partnership,on behalf of said partnership. Dated: /6--/4, -2-O(3 444,i`e-,t-ae4- /I / , ,1 otary Public •, ��a�v �t MARTHADEANNiOELSCHE��rintName /1/ldtrfd< a L�L��r /*!'�1�'/SG/c-R - ( � '�; NcIary Public.Stale of Texas 1 d�-�o�d /a o/S t* �. y commission expires ( `stiJ�'`�1,1 My Commission Expires 1 ( °TSe.1,. F;•1-J . JL;RY 22,2015 : ) (Use this space for notary stamp/seal) STATE OF TEXAS ) )ss. COUNTY OF limas ) This instrument was acknowledged before me on 6Ga-. td, -O 13 by Robert Parulian, Partner of Faith Investments,a Texas general partnership,on behalf of said partnership. Dated: 10 - 14,- ,O1 f`.�i,,�. �.�.�.�:�a,1�I�51• , 'ublic De'A-1. ��-�/�c�w- t fly',..,.:;.,,,,MARTHA HA DEAIN Ht�P:LNAI t' tame /144 rj �- ,ri t,, Notary Public.State o` ► { ! I. fission expires o a-0- �'o 15 4,,: V,,, My Commission E.xriresy ► ( ""€.""i:: ?' r' ,l, ;u,gR1'?-2,2015 (Use this space for notary stamp/seal) 2 Site Number: TX-09578-01 Site Name: Faith Investments 'Notary block for Tenant! STATE OF FLORIDA )ss. COUNTY OF PASCO ) I certify that I know or have satisfactory evidence that Scott M, Behuniak is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the President/ COO of Skyway Towers, LLC a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.l`� !Vv Dated: jedV ` a L cpci CARRIE L,TORREY • — t, NOTARY PUBLIC No R:. ' bite / _ L. 1 d • ! 1 t'STATE OF FLORIDAFLOFEICIA Print Name Cacorn#EE114434 My commission expires r� 1 4 9' j Expires 8/24/2015 (Use this space for notary stamp/seal) 3 Site Number: TX-09578-01 Site Natre: Faith Invosiments Memorandum of Lease Exhibit A Legal Description The Property is legally described as follows: Being a tract of land containing 2.58 acres,more or less,in the Robert Stevenson League,Abstract 54,College Station,Brazos County, Texas,being all of Graham Road Industrial Park,Phase 1,according to the map or plat recorded in Volume 9724,Page 232, B.C.M.R.,as conveyed to Faith Investments,by Warranty Deed with Vendor's Lien dated May 20,2010 and recorded in Volume 9635,Page 112,of the Brazos County Deed Records. The location of the Premises within the Property(together with access and utilities) is more particularly described and depicted as follows: TENANT'S 40'x 40'LEASE TRACT Being the location of a 1,600 square foot wireless tower lease tract being out of a tract of land containing 2.58 acres,more or less,in the Robert Stevenson League,Abstract 54,College Station,Brazos County,Texas,being all of Graham Road Industrial Park,Phase 1, according to the map or plat recorded in Volume 9724,Page 232,B.C.M.R.,as conveyed to Faith Investments,by Warranty Deed with Vendor's Lien dated May 20,2010 and recorded in Volume 9635,Page 112,of the Brazos County Deed Records. Said lease tract being more particularly described by metes and bounds as follows: COMMENCING at a 518" inch iron rod found at the southwest corner of said called 2,58 acre tract same being the southeast corner of a called 2.59 acre tract of land recorded in Volume 6951,Page 107,Brazos County Map Records and also being in the north right-of- way line of Graham Road(width varies)recorded in Volume 319,Page 817 of the Brazos County Map Records and having a Texas State Plane Coordinate System, Central Zone value of X=3,566,931.76 and Y= 10,193,875.35; THENCE North 47 degrees 00 minutes 41 seconds West,over and across said called 2.58 acre tract,a distance of 368.39'feet to a 5/8 inch iron rod set for the southwest corner and being the POINT OF BEGINNING of the herein described lease tract; THENCE North 48 degrees 34 minutes 01 seconds West,a distance of 40.00'feet to a 5/8 inch iron rod set for the northwest corner; THENCE North 41 degrees 25 minutes 59 seconds East,for a distance of 40.00'feet to a 5/8 inch iron rod set for the northeast corner; THENCE South 48 degrees 34 minutes 01 seconds East,a distance of 40.00'feet to a 5/8 inch iron rod set for the southeast corner; THENCE South 41 degrees 25 minutes 59 seconds West,a distance of 40.00'feet to the POINT OF BEGINNING and containing 0.036 acres or 1,600 square feet more or less. 4 Site Number.. TX-09578-01 Site Name: Faith Investments Memorandum of Lease Exhibit A Legal Description Continued TENANT'S 15'ACCESS AND UTILITY EASEMENT Being a 15'foot access and utility easement being out of tract of land containing 2.58 acres,more or less,in the Robert Stevenson League,Abstract 54,College Station,Brazos County,Texas,being all of Graham Road Industrial Park, Phase 1,according to the map or plat recorded in Volume 9724,Page 232,B.C.M.R., as conveyed to Faith Investments, by Warranty Deed with Vendor's Lien dated May 20,2010 and recorded in Volume 9635,Page 112,of the Brazos County Deed Records.Said lease tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" inch iron rod found at the southwest corner of said called 2.58 acre tract same being the southeast corner of a called 2.59 acre tract of land recorded in Volume 6951,Page 107,Brazos County Map Records and also being in the north right-of- way line of Graham Road(width varies)recorded in Volume 319,Page 817 of the Brazos County Map Records and having a Texas State Plane Coordinate System,Central Zone value of X=3,566,931.76 and Y= 10,193,875.35; THENCE North 41 degrees 58 minutes 29 seconds West along the south line of said called 2.58 acre tract same being north right-of- way line of said Graham Road,a distance of 32,42'feet to a point for corner and being the POINT OF BEGINNING of the herein described easement; THENCE North 48 degrees 09 minutes 55 seconds West over and across said called 2.58 acre tract,a distance of 368.57'feet to a point for corner; THENCE North 41 degrees 25 minutes 59 seconds East,a distance of 15.00'feet to a point for corner; THENCE South 48 degrees 09 minutes 55 seconds East, a distance of 368.71'feet to north right-of-way line of said Graham Road; THENCE South 41 degrees 58 minutes 29 seconds West,along the said north right-of-way line of said Graham Road,a distance of 15.00'feet to the POINT OF BEGINNING,and containing 0.127 acres or 5,529 square feet of land more or less, See attached one(1)page survey 5 Site Number: TX-09578-01 Site Name: Faith Investments . 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Specific Use Standards. requirements of Chapter 12, Article 3, Site Plan Review, and shall meet the following supplemental criteria: a. The minimum area of an RV Park shall be ten(10)acres and shall consist of two (2) or more recreational vehicle pad sites that are intended for temporary occupancy by recreational vehicles for the purposes of recreation or vacation. b. All RV Parks shall have direct access to a public road and shall include sufficient entrances and exits to facilitate the safe movement of recre- ational vehicles in and out of the site. Internal drives shall have a minimum paved width of twelve (12) feet for one-way traffic and twenty-four(24) feet for two-way traffic.All internal drives shall be built to City pavement standards and shall be privately maintained. c. All RV Parks shall designate specific pad site locations for recreational vehicles. 1. Each pad site location shall have a minimum area of one thousand five hundred (1,500) square feet with provisions for wastewater disposal, public water hook-up and electrical supply. 2. All pad sites shall be sequentially numbered.Reflective site numbers shall be a minimum of four (4) inches in height and placed on a separate post on the site.A map of the site layout with site numbers shall be placed at the entrance to the park in such a manner as to be clearly visible to entrants. d. Recreational vehicle pad sites shall be separated from each other by a minimum of ten (10) feet. e. Recreational'vehicle pad sites shall be separated from the recreation area in the park by a minimum of fifteen (15) feet. f. All recreational vehicle pad sites shall be setback a minimum of fifty(50) feet from the right-of-way line of all adjacent public roads and any RV Park boundaries. g. All recreational vehicle pad sites shall be setback a minimum of ten (10) feet from any internal drives in the park. h. A minimum of two (2) parking spaces shall be provided per recreational vehicle pad site. One (1) space shall be located on the RV site, the remainder may be located in an approved parking area. Size and paving of all parking spaces shall conform to the requirements in Chapter 12, Article 7 regarding Off-Street Parking Standards. i. In all RV Parks, a recreation area shall be provided that shall be centrally located, free of traffic hazards, and easily accessible to all park residents. Recreation areas shall constitute a minimum of fifteen(15)percent of the Supp.No.2 CD 12:200 USE REGULATIONS Sec. 12-6.4. Specific Use Standards. shadows that would prevent the reasonable use or enjoyment of surrounding properties. i�, �� a /7 b. Design of the tower, with particular reference to design characteristics r t�` ` that have the effect of reducing or eliminating visual obtrusiveness. �, c. Proximity of the tower to residential structures and residential district II ,xcf nO - boundaries. d. Economic impact on adjacent and nearby properties. e. Proposed ingress and egress. 2 f. Availability of suitable alternatives and/or existing support structures. g. All the information submitted as part of the site plan. 8. Abandonment. 7 Any WTF that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facility shall remove 9 same within sixty (60)days of receipt of notice from the City notifying owner of such abandonment. If such facility is not removed within said sixty (60) days, the City may remove such facility at the property owner's expense. If there are two (2) or more users of a single WTF, then this provision shall not become effective until all users cease operations on the tower. Y. Places of Worship. 1. Where the parking lot abuts residential development, a ten-foot buffer yard with buffer plantings and a minimum six-foot privacy fence is required pursuant to Section 12-7.7, Buffer Requirements. 2. When outdoor accessory uses including, but not limited to, playgrounds, recreational areas, and special event areas abut residential uses, a minimum fifteen-foot buffer yard with buffer plantings and a six-foot privacy fence is required pursuant to Section 12-7.7, Buffer Requirements. Z. Recreational Vehicle Park Standards (RV Parks). 1. RV Parks shall allow for the temporary occupancy of vehicles that are built on a single chassis that are designed to be self-propelled or permanently towable by a light duty truck and are primarily for use as temporary living quarters for recreational, travel, or seasonal use. 2. RV Parks shall be considered a non-residential use and shall meet the buffer requirements as found in Chapter 12,Article 7 as a commercial use,regardless of zoning. 3. No person shall operate an RV Park unless they hold valid permits and licenses as required by the State of Texas and the Brazos County Health Department. 4. Development of any RV Park shall comply with the general site plan Supp.No. 2 CD 12:199 COLLEGE STATION CODE Sec. 12-6.4. Specific Use Standards. telecommunication facilities. The applicant must submit a letter addressed to the City declaring an intent and willingness to construct a proposed tower that would allow additional service providers to locate on the new tower. 9. No new communications _tower shall beep mitted unless the applicant demonstrates to the reasonable satisfaction of the approv- - ing authority that no existing tower, building, structure, or alterna- tive technology can accommodate the applicant's proposed antenna The applicant shall submit information related to the availability of suitable existing towers, other structures or alternative technology that can accommodate the applicant's proposed antenna. The Ad- ministrator or approving authority may request information neces- sary to demonstrate that reasonable alternatives do not exist. The applicant must submit: a. The names,addresses,and telephone numbers of all owners of other towers or usable antenna support structures within a one-half (1/2) mile radius of the proposed new tower site, including City-owned property. b. A sworn affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the new facility on existing towers or antenna support structures located within one-half ('/2) mile radius of the proposed tower site. The affidavit shall spell out the efforts taken by the applicant. c. A description of the design plan proposed by the applicant to the City. The applicant must demonstrate the need for towers and why technological design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's tele-communications services. fe,T Qt.() 7. Conditional Use Permits. Major WTFs must apply for a conditional use permit (CUP) as outlined in t14!_seil?- Section 12-6.4.X.3, Permit table Locations, under the procedures set forth in Section 12-3.16, Conditional Use Permit. In addition to the standard guide- lines, the following additional factors shall be considered by the Planning and Zoning Commission when determining whether to grant a CUP for WTFs: a. Height of the proposed tower, surrounding topography and surrounding tree coverage and foliage as they relate to: 1. Skyline impact, examining whether the proportions of the structure appears to dominate or blend in with the surrounding environment. • 2. Shadow impact, whether or not the proposed tower will cast Supp.No.2 CD 12:198 USE REGULATIONS Sec. 12-6.4. Specific Use Standards. all existing tower structures owned or controlled by the owner. Such list must specify the name, address and telephone number of the owner of record, the tower locations by address and legal descrip- tion, tower height, the number of antenna arrays on the tower, and the names,addresses,and telephone numbers of all other users of the tower structures. The Administrator may share such information with other applicants or organizations seeking to locate antennas within the City. 2. Site plan drawn to scale clearly indicating the location, height, and design of the proposed tower, equiRment cabinets, transmission buildings and other accessory uses, access, ting,fe%es, and lancscaed areas t.0 to it 3. The linear separation distance from other transmission towers within a one-mile radius of the proposed tower site. The linear separation distance from all residentially-zoned properties, residential struc- tures and applicable thoroughfares as outlined in Section 12- 6.4.X.6.b, Proximity to Major Thoroughfares, within five hundred (500) feet of the proposed tower. ev".. visual impact analysis, presented as color photo simulations, '-' showing the proposed site of the WTF. At least four (4) views shall be submitted looking toward the site(typically north, south,east and west)including views from the closest residential property and from adjacent roadways. The photo-realistic representation shall depict a "skyline" view showing the entire height of the proposed tower or WTF to scale, and the structures, trees, and any other objects contributing to the skyline profile. dirPlans for the antenna and the antenna tower shall be prepared and / signed by a licensed professional engineer and designed to withstand l��Gk- 1r.' �' sustained winds of at least ninety (90) miles per hour. All telecommunication facilities must meet or exceed the current t, standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate telecommunication facilities.An applicant for a permit shall submit an affidavit confirming compliance with applicable regulations. � Grid plan (propagation map) of the service area for existing and VV future structures for a period of not less than two (2) years. The submission should include a map showing the "search ring" that was required for siting the proposed facility. No new tower shall be built, constructed, or erected in the City unless the tower is capable of supporting additional wireless Supp. No.2 CD 12:197 COLLEGE STATION CODE Sec. 12-6.4. Specific Use Standards. where a tower is a conditional use, the requested height may be reduced through the review of the visual impact analysis. In no case shall a proposed transmission tower exceed one hundred fifty(150) feet within the city limits, except where a height variance is granted by the Zoning Board of Adjustments to allow a tower or antenna that demonstrates a hardship that can only be remedied by locating a tower or antenna exceeding such height on a proposed site within the city limits. e. Stealth Towers. j Any tower determined to meet the Stealth Tower definition of this ordinance by the approving authority may be located in any zoning district with a Conditional Use Permit. Approved Stealth Towers do not have to meet the tower separation or thoroughfare setback requirements of this section. f. Landscaping, Screening, and Aesthetic Standards. PropoEeG iccard The following requirements shall govern any transmission tower or any parabolic antenna larger than two (2) meters. rrYzAeod OP- 1. Landscaping: Refer to Section 12-7.6, Landscaping and Tree Pro- kcxCdc5CQ51p tection. Plant materials and/or fencing that effectively screen the ��JJ WTF site from view of the public right-of-way will be required. 2. New transmission towers shall maintain a flat (not shiny, reflective, or glossy) finish or be painted in accordance with any applicable standards of the'FAA(unfinished galvanized steel is not acceptable). 3. WTFs shall not be artificially lighted with the exception of motion detectors as security lighting, unless required by the FAA or other ��, "`""000.1 applicable authority. If lighting is required, the City may review the os <? available lighting alternatives and approve the design that would k(25- cause the least disturbance to the surrounding properties. . Towers may not be used to exhibit any signage or other advertising. g. Application Procedures. An application for administrative approval or a Conditional Use Permit for a WTF shall include the following items (in addition to the site plan and other information required for a standard CUP application): 1. ,An inventory of the applicant's existing and future towers that are either within the City, the City's ETJ, or within at least one (1) mile of the City's boundary where the ETJ does not extend that far. The inventory shall include specific information about the location, design, and height of each tower. The owner must have on file with the Planning and Development Services Department a master list of Supp.No.3 CD 12:196 USE REGULATIONS Sec. 12-6.4. Specific Use Standards. 6. Requirements for New Transmission Towers. La. Setbacks. r 0 treat '6e S n fe- tS rpu,lcitc on -Kl_ pn7pe a d 4e ouer Litt.) - The standard setbacks for each zoning district will apply to WTFs with A )A. 011 - �^ additional setbacks or separation being required in the sections below. To X11 -�S protect citizens in their homes, transmission towers shall be placed a distance equal to the height of the tower away from any residential SWOCLCIC r' structure.And,non-stealth towers shall be set back a distance equal to the height of the tower away from any GS, R-1B, or D zone boundary. b. Proximity to Major Thoroughfares. Aleigyipt..._To preserve and protect the appearance of the City's major thoroughfares and entrances to the City, additional setbacks are placed on WTFs proposed to be placed near these areas. The setback for these areas is Cir t""iiiir' PrilliPIIP determined by measuring from the centerline of the right-of-way of the thoroughfare. Applicable thoroughfares include freeways-and express- : •, ••- - - •. . -• -• . . - -ries, as shown on the Thoroughfare Plan. 1. Intermediate WTFs must be one hundred fifty (150) feet from applicable thoroughfares. 2. Major WTFs must setback from applicable thoroughfares by the height of the tower x three (3). c. Separation Between Towers. In order to prevent tower proliferation and protect the City's natural beauty and skyline, the number of transmission towers per square mile has been limited. New transmission towers must be placed a minimum distance from existing towers as described here: 1: _ smission thirty'- ve (35) feet or less in height shall be se.. . rom exis 1 : • a minimum distance of one ousand five hundred (1,500) feet. • ew transmission towers more than thirty-five . -: less than seventy- ve - - .• • _ s a 1 be separated from existing towers by a •••-• urn distance of two thousand-(-2-,500) Can 4 X-n et .----- 33.. New transmission towers seventy-five (75) feet or more in height shall be separated from existing towers by minimum distance of three thousand five hundred (3,500) feet. Ska7C9 4S� a"b't ' c d. Height Limitations. 1. Intermediate WT • e sus:- - normal height restrictions for each zonin• • where • --•ittPdd by right. In any zoning district Supp.No.3 CD 12:l95 COLLEGE STATION CODE Sec. 12-6.4. Specific Use Standards. be submitted looking toward the site( •ically north,south,east,and west) 'ncluding views from the closest ,-sidential property and from adjacen oadways. The photo-realisti, representation shall depict a "skyline" '-w showing the entire ,-fight of the proposed tower or WTF to scal-, and the structur s, trees, and any other objects contributing to the line pro, e. 4. Plans for the antenna and - antenna tower shall be prepared and signed by a licensed pr• 'essional engineer and designed to withstand sustained winds of least ninety (90) miles r hour. 5. All telecomm . 'cation facilities must meet or exc the current standards ., d regulations of the FAA, the FCC, and any other agency •f the Federal Government with the authority to regulate tele.•mmunication facilities. An applicant for a permit shall submit an affidavit confirming compliance with applicable regulations. 5. Requirements for Collocation. Pik a. Intermediate facilities shall not exceed thirty-five (35) feet. INb. If the existing tower has been determined to be stealth, the antenna must be integrated into the tower design as to retain the stealth designation.The Administrator will determine if the antenna is stealth. N c. If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment visually unobtrusive as l'irwse 15 an ex‘Shn3Ge' d. Application Procedures. 1. If not completely locating within an existing, fenced mechanical note. area, a site plan drawn to scale is required, clearly indicating the fe location, height, and design of the existing facility, equipment ✓.hp_Aevl} .desnr_�- cabinets, transmission buildings and other accessory uses, access, ecp,( ; ct o,ne c, / parking, fences, and landscape areas. .. operntssu» ►tet tn9 v. cessPlans for the antenna shall be prepared and signed by a licensed ' ewe f'9 professional engineer and designed to withstand sustained winds of �Qya CP' at least ninety (90) miles per hour. • / All telecommunication facilities must meet or exceed the current standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate telecommunication facilities. An applicant for a permit shall submit an affidavit confirming compliance with applicable regulations. Supp.No. 3 CD 12:194 r USE REGULATIONS Sec. 12-6.4. Specific Use Standards. permit with approval of the City Council and subject to the requirements of this UDO. 4. Requirements for Attached WTFs. i N'a. WTFs may attach to the exterior of any non-residential building within any zoning district provided the antenna and antenna support structure or equipment are mounted flush with the vertical exterior of the building or project no more than twenty-four (24) inches from the surface of the building to which it is attached and does not raise the height of the building more than ten(10)feet and does not violate theimaximum height restriction of that zoning district. / b. : y antenna meeting the stealth antenna definition i f this ordinance and NPC loca • g on an alternative mounting structure may attach to the exterior of any no—residential building within any zonin: a istrict with approval of the Admi,istrator. NIpc. If an antenna is installed on a support s .cture other than a tower, the antenna and s .porting electrical and m- hanical equipment must be of a neutral color the t is identical to, or cl. ely compatible with, the color of the supporting st' cture so as to ma e the antenna and related equipment as visually unobt L sive as possib -. d. Application Proce a res. 1. An inventory o the ..plicant's existing and future towers that are either within the k i' , the City's ETJ, or within at least one (1) mile of the City's bou a ary where the ETJ does not extend that far. The inventory shall in.,ude specific information about the location, design, and h: ght o each tower. The owner must have on file with the Plannin: and Development Services Department a master list of all existing;tower structures owned or controlled by the owner. Such list must specify the name, address and telephone number of the owner of record, the tower locations by address and legal descrip- tion, tower height, the nuimber of antenna arrays on the tower, and the names,addresses,and t lephone numbers of all other users of the tower structures. The Ad ni.strator may share such information with other applicants or organizations seeking to locate antennas within the City. \' 2. A/site plan drawn to scale clearly\indicating the location,height, and design of the proposed facility, equipment cabinets, transmission :buildings and other accessory, used, access, parking, fences, and /landscaped areas. ` / 3.i A visual impact analysis, presented as color photo simulations, showing the proposed site of the WTF. At least four (4) views shall Supp.No.3 CD 12:193 COLEGE STATION CODE Sec. 12-6.4. Specific Use Standards. longest dimension and extending over twelve (12) feet above support structure. 6. Attached WTFs. 7. Antenna collocating on an existing tower. WAWNWEWNSM New transmission tower greater than thirty-five(35)feet(ten and one-half (10.5) meters) in height. 3. Permitted Locations. a. All Intermediate WTFs are permitted by right in the following zoning j districts: R Rural M-1 Light Industrial GC General Commercial CI Commercial Industrial C-3 Light Commercial NG Northgate City-owned premises O Office R&D Research & Development WPC Wolf Pen Creek PDD Planned Development District (except PDD-H) BP Business Park BPI Business Park Industrial. LA. Major WTFs are allowed in the following zoning districts with a Conditional Use Permit: R Rural M-1 Light Industrial 6-2 Heavy Inus n BP Business Park BPI Business Park Industrial GC General Commercial CI Commercial Industrial C-3 Light Commercial O Office R&D Research & Development City-owned premises. c. WTFs may locate on City-owned premises without a conditional use Supp.No.3 CD 12:192 h9111111111110 IIIIMINNIIIIMMION. a \CKBErSei USE REGULATIONS Sec. 12-6.4. Specific Use Standards. telecommunications facilities should not be allowed to detract aestheti- cally from the visual quality of surrounding properties or the City; and c. The proliferation of wireless telecommunications facilities negatively impacts the appearance, character,and property values of the community. Therefore the City should endeavor to minimize the size, number and obtrusiveness of antennas and towers. Collocation and stealth technolo- gies are strongly encouraged to mitigate negative visual impacts and reduce the total number of towers within the City. 2. WTF Categories. In order to expedite the siting and review process, WTFs have been divided into use categories.The review process is more thorough as the intensity of the use increases. ` a. Unregulated Facilities. NThe WTFs listed below are not regulated by this ordinance and do not require review or approval. This does not exempt these facilities from other applicable city codes, ordinances, and permits. 1. Over-the-air reception devices exempted from local ordinances by the Federal Communications Commission (FCC). 2. Parabolic antenna less than two (2) meters in diameter. 3. Omni-directional antenna (whip antenna) six (6) inches or less in diameter and not extending more than twelve(12)feet above support structure. 4. Directional antenna one (1) meter or less measured across the longest dimension and not extending over twelve (12) feet above support structure. 5. Public safety tower or antenna. b. Intermediate Facilities. v\p, 1. New transmission tower less than thirty-five (35) feet (ten and one-half(10.5) meters) in height. 2. New transmission tower that does not extend more than thirty-five (35) feet (ten and one-half(10.5) meters) in height above a support structure and that meets the definition of a stealth facility. 3. Parabolic antenna over two (2) meters in diameter. 4. Omni-directional antenna (whip antenna greater than six (6) inches in diameter and/or extending twelve (12) feet above the support structure. 5. Directional antenna more than one (1) meter measured across the Supp.No.3 CD 12:191