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Home My WebLink AboutORD 18-006ORDINANCE NO. 18-006 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 8496 PHELAN BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Andrew Kasparek, on behalf of the 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 8496 Phelan Boulevard, as described in Exhibit "A," 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 cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 8496 Phelan Boulevard, with a waiver to the perimeter landscaping requirement, subject to the following conditions: ; and, • Install an 8 foot wood or masonry privacy fence around the lease site. • At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. • Provide off-street parking within lease area to meet City requirements. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a cellular tower 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 8496 Phelan Boulevard, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to Verizon Wireless, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, with a waiver to the perimeter landscaping requirement, subject to the following conditions: • Install an 8 foot wood or masonry privacy fence around the lease site., • At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. • Provide off-street parking within lease area to meet City requirements. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of February, 2018. Wayor:- - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES LEASE AREA Being a Metes & Bounds description of a certain 0.0826 acre tract of land situated In the Almoner Huston League, Abstract No, 33 In Beaumont, Jefferson County, Texas, being a called 7.206 acre tract of land conveyed to Calvary Tabernacle Ministries, U.P.C. by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2010043270 of the Jefferson County Official Public Records of Real Property; said 0.0826 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a set 5/8 -Inch iron rod (with cap stamped "Jones/Carter Property Corner") for the southeast corner of said 7.206 acre tract and proposed 0.1391 acre tract common with the southwest corner of a called 2.990 acre tract land conveyed to Three P Partners, LLC by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2008021329 of the Jefferson County Official Public Records of Real Property, being in the north line of Phelan Boulevard (right-of-way varies) recorded In Volume 2392, Page 47 (northern portion) of the Jefferson County Deed Records, from which a found 5/8 -Inch Iron rod (bent with no cap) bears North 87° 11'32" East, 0.37 feet and a found 1/2 -inch Iron rod In concrete bears North 87° 1 P 32", East, 434.53 feet; THENCE, South 87° 11' 31" West, along the south line of said 7.206 acre tract and proposed 0.1391 acre tract, common with the north line of Phelan Boulevard, 30.00 feet to a set 5/8 -Inch iron rod (with cap stamped "Jones/Carter Property Corner") at the southwest corner of proposed 0.1391 acre tract; THENCE, North 02° 48' 56" West, along a west line of proposed 0. 13 91 acre tract, 191.97 feet to a set 5/8 -Inch Iron rod (with cap stamped "Jones/Carter Property Comer") for the POINT OF BEGINNING of the herein described tract; THENCE, South 87° 11' 04" West, 35.00 feet to a set 5/8 -Inch iron rod (with cap stamped "Jones/Carter Property Corner"); THENCE, North 02° 48' 56" West, 60 feet to a set 5/8 inch iron rod (with cap stamped "JonesCarter Property Corner"); THENCE, North 87° 1 P 04" East, 60.00 feet to a set 5/8 -Inch Iron rod (with cap stamped "Jones/Carter Property Corner) at the northernmost northwest corner of proposed 0. 13 91 acre tract; THENCE, South 02° 46'56" East, along a west line of proposed 0.1391 acre tract, 60.00 feet to a set 5/8 -Inch iron rod ( with cap stamped "Jones/Carter Property Corner"); THENCE, South 87° 11' 04" West, along a north line of proposed 0.1391 acre tract, 25.00 feet to the POINT Of BEGINNING, CONTAINING 0.0826 acre of land In Beaumont, Jefferson County, Texas as shown on Drawing No. 11095 in the offices of Jones/Carter In Bellaire, Texas. EXHIBIT "A" op Go - S q6o s rl -IV It ir 01=04 wamm I K TOP OF STONE . TOP OF STONE - I I OF STONE - 2a6• I PROPOSED TONER 01106) 1. CONTRACTOR TO ADEQUATELY ame • • '• -•• .' ALL 3f ONE PIACF _ — FOR THE FULL LE1OM FULL7ME ACCESS UDITIOH. AND CRUSHED STONE DETAL TIPS SII 6' COMPACTm ROAD . verizon FlLL 2. WnfRAMR TD PROOF -ROLL THE PROPOSED W FOOD FENCE TOPPED B' jBta STONE MOM am TRED VEHICLE, 1D d1 1 CONTRACTOR SHOULD YRIGTE ALL W ] STUND9 Of FW6E0 NIE j 71Eg PAIW9 uDAB vE /LOOIPAlID OVERALL. AL ENME SDE AAFA (7' FENCE Dom�ea�TG m Dr �.Z= 4. IF LARGE MDRCAMM ARDS AAESDrAA V k& FENCE DEBAR. MSS S1EET) POST V-0• R CARNET F"DATION 1a N , erld O ��1q TG DELL. TOWER 0Q�ipi(�j EET C-0 fCR DETNLS) a CONRUCMR M REFER TO THE m NOT TO SCALE CEOIECINId1 REPORT FOR MOR0.NN. NFORYATION. 303 RE'fl„ F VEpNiH7N yT. �` UFAYETT. U 70601 QTE TREAl/.fENT NATES: Sf0 �ONCRTOP II9IED 1. C CRUSHED STONE BFSLE fENWVO PROPOSED UTiLTY H-FAANE WDH 6' CHAIN UNN 1 4' %E CRUSHED UNE UNDFAIIA Bf OEOTEIIREFENCE l'•'Al �B-6663 FAX 510181 A9 BASE Cr OVERALL 1 A FENCE TMIA SR1C�� CA1191E0 6101E OETAI. 2920 F ST. SUITE 201 20CA AmER AND B50WFNDCF (SEE SSET E-5 FOR DEMA 2. S A 7DD12 I ADEQUATE SURFACE DAA+wE AN FI10N ALL FOWNOIONS PRIOR TO (ME REVISION THE MAMMON OF C018TRU4TION 70 12' OF LA IONS AND AanoN.M OOmPLE IDN 4'-0' 10'-0' I PLY— A mAml— L„ p A ITv �m 1 Em sNLL1 BE sEr TQ FtISURE "PQ9By( D7{WIADE of wATEA A1dr 'N 1PN/101> (SEE NOTE 6) F1N14 Al FOUTDg1a1S — iO 4. SLE pnN REPORT FOR — ,:V IGEtH,T�R�A}� RRECOyyENOATONS, — PROPOSED 4'-D' • a CITNTRACRW TD RACE RACKML AND FAL E ERLAL ON ALL SIDES OF sRE CONTRACTOR TO REMOVE SLOPED VEGETATION.SNE BRED( UP — NUMBER. CRUSHED STONE DETAIL SURFACED STEEPER THAN I An ODRRATOR Y FOR MSq) R OETDETBTMN (SEE SHEET B ) I I� VERRCAL TO 2 NOMIONfAL SO M., WATER LAL BILL BOND WRTH L05= 446885 • WE NMIET FENCE DETaL NOTES, 0'-0' Lux FGR EFN6 0 ., .. 7. WOAD DOM DS MNONN 6/B' ATWO EACH DOMED T9 S WITH BDA9D TO PAIS WTIH 710 (?) Sd T GALYIlIIEO "LS OR /10 CVYANCEED SCRm. SITE ADDRESS: 1 ALL ''k )� 2' SON 40BE M. AND CONNEDIDI6 SHAUL, MYANQED. PH61PN BLVD. BEAl1MONF, TX 77706 LAE POST b IOMAS 1 FOOD RALS MNL61 MCE FROM TOP AND E OMA 12 INCHES. • }� 4. TOP RAL SHALL BE USED, TOP OF SHONE - ZBJS a PC" "BIL BE EI�FDM TO hTHE FmDN B• FROM THE B0T10M OF FOUNDATM. 6' THE FENCE mw NNOT CEA THE CONTOUR THE ND GROUBY MORE THAN r. Y/ FOR ENO POBT'S k BY FOO lNE POSTS aTE Pvsrs Y SCH 40-A _BARBED WIRE BRAp0S MY BE USED PTLI'OSED 12'-0' WUBLE • .' • . DALE (BEE Q9E 6 FENCE '+' - •• •• ..A.. •• , .. OEVA 1795 SHEET),• . ENLARQFQ SITE PAN 4' 4' B' .e eT H DL -Al (CARGO PROTECTORS MODEL #FL -200) Dw ENLARGED SITE PLAN C-3 12 1. CONTRACTOR TO ADEQUATELY ame IV ACCESS ROAD ALL 3f ONE PIACF _ — FOR THE FULL LE1OM FULL7ME ACCESS UDITIOH. 6' COMPACTm ROAD . verizon FlLL 2. WnfRAMR TD PROOF -ROLL THE B' jBta STONE MOM am TRED VEHICLE, 1D d1 1 CONTRACTOR SHOULD YRIGTE ALL DOWN DOWN FRED AREAS W@K YIELDING CR 71Eg PAIW9 uDAB vE /LOOIPAlID SOa AYELIN S Dom�ea�TG m Dr �.Z= 4. IF LARGE MDRCAMM ARDS AAESDrAA LAW'UR REPLACE WRH 6• CONPACIFD FILL TIE CWORACTOROF ROU.NMRY 1a N , erld O ��1q TG DELL. TOWER 0Q�ipi(�j GRAVEL ROAD DETAIL a CONRUCMR M REFER TO THE m NOT TO SCALE CEOIECINId1 REPORT FOR MOR0.NN. NFORYATION. 303 RE'fl„ F VEpNiH7N yT. �` UFAYETT. U 70601 QTE TREAl/.fENT NATES: Sf0 �ONCRTOP II9IED 1. C CRUSHED STONE BFSLE fENWVO (jam,.,). x'7176 TEL 6' CHAIN UNN 1 4' %E CRUSHED UNE UNDFAIIA Bf OEOTEIIREFENCE l'•'Al �B-6663 FAX 510181 A9 BASE Cr OVERALL 1 A FENCE TMIA SR1C�� CA1191E0 6101E OETAI. 2920 F ST. SUITE 201 HDQM) OEOTDtTLS FABWC 7 2. S A 7DD12 I ADEQUATE SURFACE DAA+wE AN FI10N ALL FOWNOIONS PRIOR TO (ME REVISION THE MAMMON OF C018TRU4TION 70 12' OF LA IONS AND AanoN.M OOmPLE IDN 1u DWamON BT OOC t 1Y I PLY— A mAml— L„ p A ITv �m 1 Em sNLL1 BE sEr TQ FtISURE "PQ9By( D7{WIADE of wATEA A1dr 'N 1PN/101> (SEE NOTE 6) F1N14 Al FOUTDg1a1S — iO 4. SLE pnN REPORT FOR — IGEtH,T�R�A}� RRECOyyENOATONS, — RECO)PACIED GROUND a CITNTRACRW TD RACE RACKML AND FAL E ERLAL ON ALL SIDES OF sRE CONTRACTOR TO REMOVE SLOPED VEGETATION.SNE BRED( UP — NUMBER. CRUSHED STONE DETAIL SURFACED STEEPER THAN I NOT TO SCALE VERRCAL TO 2 NOMIONfAL SO M., WATER LAL BILL BOND WRTH L05= 446885 SURFACE WE NMIET FENCE DETaL NOTES, 0'-0' Lux FGR EFN6 0 PHELAN 7. WOAD DOM DS MNONN 6/B' ATWO EACH DOMED T9 S WITH BDA9D TO PAIS WTIH 710 (?) Sd T GALYIlIIEO "LS OR /10 CVYANCEED SCRm. SITE ADDRESS: 1 ALL 2' SON 40BE M. AND CONNEDIDI6 SHAUL, MYANQED. PH61PN BLVD. BEAl1MONF, TX 77706 LAE POST b IOMAS 1 FOOD RALS MNL61 MCE FROM TOP AND E OMA 12 INCHES. 1 1 i SPRP HERE, u 014M PAR. SZE 2.4• WITH 3 RARUS REQUSRD. 4. TOP RAL SHALL BE USED, a PC" "BIL BE EI�FDM TO hTHE FmDN B• FROM THE B0T10M OF FOUNDATM. 6' THE FENCE mw NNOT CEA THE CONTOUR THE ND GROUBY MORE THAN r. Y/ FOR ENO POBT'S k BY FOO lNE POSTS aTE Pvsrs Y SCH 40-A _BARBED WIRE BRAp0S MY BE USED .e eT H DL -Al (CARGO PROTECTORS MODEL #FL -200) Dw ENLARGED SITE PLAN C-3 12