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HomeMy WebLinkAboutORD 09-039 ORDINANCE NO. 09-039 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO VERIZON WIRELESS TO ALLOW THE CONSTRUCTION OF AN EQUIPMENT SHELTER AT THE EXISTING CELL TOWER FACILITY IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 360 E. ALMA, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 29, 1995, City Council approved Ordinance No. 95-52 issuing a specific use permit to S.M.R. Systems, Inc.,to allow the construction of a cellular communications transmission tower on property zoned RS (Residential Single Family Dwelling) District located at 360 E. Alma, Beaumont, Jefferson County, Texas; and, WHEREAS, Verizon Wireless, Applicant, wishes to amend the specific use permit to allow the construction of an equipment shelter at the existing cell tower facility owned by S.M.R. Systems, Inc., at 360 E. Alma, being Lot 5, Block 1, Lucian Harris Addition, City of Beaumont, Jefferson County, Texas, containing 0.215 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow the construction of an equipment shelter at the existing cell tower facility at 360 E. Alma; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 95-52 be amended by amending the specific use permit granted to S.M.R. Systems, Inc., their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow the construction of an equipment shelter at the existing cell tower facility at 360 E. Alma, subject to the following conditions: • A five (5) foot building setback for the equipment shelter must be adhered to along the east property line. • An eight (8) foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. • The fence surrounding the property shall be maintained. Section 2. Notwithstanding the site plan attached hereto as Exhibit"B", the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 96-77 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of August, 2009. 1,,, � fr U ••• JWVIayor Becky Ames - , w r i r4IoE# �/ ile 1 95-P: Request for an amended specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Single Family Dwelling)District. Location: 360 E. Alma Applicant: Shep Poland Realty 0 50 100 200 Feet \ Legend GC-MD \\ ® 1995P LI R-S 0 GC-MD\\ � F E ALMA ST A� I I \ I GC-MD I R-S GC-MD E THREADNEEDLE ST M M R-S R-S Cn i I EXHIBIT "A" i VERIZON WIRELESS 5' UTILITY CASEMENT LESSEE'S U,G. 'ELCD. VERIFY SOURCE POINT I{ ` WITH LOCAL PROVIDER. ACCESS EASEMENT I t + LESSEE'S UNDERGROUND 24 POWER CONDUIT(80'3) 23' LESSEE'S 8' CHAIN UNK -� FENCE ,e/3-STRANDS i OF B W. AT TOP. iT J8 + 1k t + 1 I I ------ + LESSEE'S UNDERGROUND POWER & TELCO CONDUITS Cli Oo f + -r-' > r r }+ I N w LIZ I F+ + Oo a � + 1 I LESSEE 24'X 35'LEASE O, 1, AREA TO BE ACOUTAFL, I+` + FROM THIRD PARTY l� 0 .. REMOVE I EX157ING I I �- __-',, ._�. •____^� � FENCE + rrfrr 1 z �e- rATSnNr, LE SEE'S 24y I ` ICE BRIDGE IN k 3' WIDE, N CArs A " CONCI E'If AAIJ NO - l cn dr rO V.lrNT CArltNris- I EX LUSIVE I 3 EA!EMENT '' r-t I'(NC.'r..✓'� � f-.1'Y':IN.." % ff .._, w .;; t ... _:::- _ + I 241 Is l:N" , d4CAVIX" I, rOffI l EXi$1INC i ! I i -E X/5lING CRA vt( Ur2tt4 f Our 710 AL 44A Sr.--_ I APPROVED ByD",Pbw .PH,TdbbUe To—92.36 PM.At28,2009 LESSEE SITE — ISABEL \_CX/S11NG'29'.-10':r29'-10" OVERALL SITE PLAN, REV, 2 RYacrn councuvv 10 .5 D 06-03-09 ID NOTES; SCALE: 1` 10'-0" 1_ CONTRACTOR 15 TO REPAIR ALL DAMAGE RESULTING Approvals: FROM CONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION AT COMPLETION OF WORK, Lewes: DoW: 2. CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES SbAm.: Oft: AND EQUIPMENT STAGING LOCATION WITH LANO LORD, 3. ICE-BRIDGE LENGTH SHOWN IS RELATIVE. LENGTH AND EqUIP Env.• Date. EXACT ALIGNMENT MATH SHELTER MAY VARY FROM conw.: � DRAWING DIMENSIONS. ICE-BRIDGE WILL APPROACH TOWER AS SHOWN. Landbld: Da* • A five(5)foot building setback for the equipment shelter must be adhered to along the east property line. • An eight(8)foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. • The fence surrounding the property shall be maintained. EXHIBIT "B"