HomeMy WebLinkAboutORD 14-015ORDINANCE NO. 14-015
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT AT 7510 TOLIVAR ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Banah Partners, on behalf of Verizon Wireless, has applied for a
specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple
Family Dwelling) District at 7510 Tolivar Road, as described in Exhibit "A" and shown on
Exhibit "B," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a cellulartower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 7510
Tolivar Road, subject to the following condition:
��
• Provide buffer landscaping/screening around the perimeter of the lease site.
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a cellular tower in a GC -MD (General
Commercial -Multiple Family Dwelling) District at 7510 Tolivar Road, as described in Exhibit
"A" and shown on Exhibit "B," attached hereto, is hereby granted to Banah Partners, on
behalf of Verizon Wireless, its legal representatives, successors and assigns, as shown
on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the
following condition::
• Provide buffer landscaping/screening around the perimeter of the lease site.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "C"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances 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 25th day of
March, 2014.
'r6
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
A METES & BOUNDS description of a certain 0.0367 acre tract of land situated in the D. Easley
Survey, Abstract No. 20 in Jefferson County, Texas, being out of a called 4.402 acre tract of land
conveyed to Banah Partners, Ltd. By Warranty Deed with Assumption recorded in Clerk's file No.
20030-53290 of the Jefferson County Official Public Records, said 0.0367 acre tract being more
particularly described as follows with all bearings being based on the Texas Coordinate System,
South Central 'Lone, NAD 83;
COMMENCING at a found concrete monument in the west right-of-way line of N. Major Drive
recorded in Clerk's File volume 1686 Page 215 of the Jefferson County Deed Records, and north
occupied right-of-way line of Tolivar Road (no dedication found on record), from which a found
concrete monument hears North 02'32'02" West, 233.39 feet;
THENCE, South 87'04'41" West, 354.15 feet along the north occupied right-of-way line of said
Tolivar Road and south line of said 4.402 acre tract to a point, from which a found '/z -inch iron rod
(with cap stamped Cotton Surveying Company) bears South 87'04'41" West, 264.94 feet;
TI-IENC1, North 02.'51'54" West, 17.64 feet, to a set 5/8 -inch iron rod ( with cap stamped cotton
Surveying company) for the POINT OF BEGINNING of the herein described 0.0367 acre tract of
land;
TI-IENCF;, North 0251'54" West, 40.00 feet to a set 5/8 -inch iron rod (with cap stamped cotton
Surveying Company) for corner.
THENCE, North 87'08'06" East, 40.00 feet to a set 5/8-1nch iron. rod (witli cap stamped Cotton
Surveying Company) for corner;
'FlIENCE, South 02'51'54" East, 40.00 feet to a set 5/8 -inch iron. rod (with cap stamped Cotton
Surveying Company) for corner.
THENCE', South 87'04'41" Wcst, 40.00 feet, to the POINT OF BEGINNING, CONTAINING
0.0367 acres of land in Jefferson County, Texas, as shown on Drawing No. 8107 in the office of
Cotton Surveying in Houston, Texas.
EXHIBIT "A"
Vile 2197-P: Request for a specific use permit to allow a cellular tower in a GC -M
General Commercial -Multiple Family Dwelling) district.
Location: 7-10 Tolivar Road
Applicant: Jeannie Gurley, with Proteus — Services on behalf of Banah Partners
0 500 200
I I Feet
---HOME-CENTER-DRQ
- ill
z m
0
m
Z_ n
D
m
-g
� a
TALL PINE ST
z
-n
A
I-
i
--i _ _. _i . ---_- -----
m
cn
_
rr- r± { n n n
GC -M
TOLIVAR RD
GC—MD
Legend
VZa 2197P
z 4
CaCC -111x® > GC -M®
------
f �
EXHIBIT "B°
HWY 105
GC
RM -H I
-- .
Al
tz
i n}! I..L i
+ 1
w
TI 1 I
_ r f, /� � ls• s � I c �
{, n
Y• •j I
1� { -E r,
, n
•
: y
o � -
. J r
I
A U
1 .11 ell,
s
,_ -
i -, IT -1' �� • rn' � X 1
!
r
ZI
II
v o -- __--
'r
it
III'
! j tit ENLARGED PROPOSSIVE PLAN 8 ELEVATION
N VERIZON WIRELESS •TEXAS
LD
I I`
TCLIVAR SITE
/�Io (Y WAR P, i I Y' I
__— EXHIBIT "Ctl