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Home My WebLink AboutORD 18-066ORDINANCE NO. 18-066 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD -2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING -2) DISTRICT AT 5250 HELBIG ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Eco -Site II, L.L.C. has applied for a specific use permit to allow a cellular tower in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 5250 Helbig 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 cellular tower in a GC -MD -2 (General Commercial -Multiple Family Dweling-2) District at 5250 Helbig Road, subject to the following conditions: ; and, • Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone tower • Eight (8) foot wooden privacy fence to be placed along perimeter of lease site 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 -2 (General Commercial -Multiple Family Dwelling -2) District at 5250 Helbig Road, as described in Exhibit "A and shown on Exhibit "B," is hereby granted to Eco -Site II, L.L.C., 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 conditions: • Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone tower • Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. Cantinn 7 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 11th day of December, 2018. i yor Becky Ames LEGAL DESCRIPTION FOR ORDINANCE PURPOSES ACCESS AND UTILITY EASEMENT (A.U.E.) DESCRIPTION (AS SURVEYED): METES and BOUNDS of a 0.21 -acre (9,132 square feet) tract of land, out of a called Tract 85-B and Lots 13 and 12, Block 3, Weber King Addition, recorded under Volume 4, Page 20 Map Records of Jefferson County, Texas (M.R. J.C.T.), conveyed to New Faith Holiness Church, Inc., by deed recorded under Clerk's File No. (C.F.) 2017018742 in the Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), located in the F. BIGNER SURVEY, Abstract 1, Jefferson County, Texas, and said 0.21 -acre tract of land is described as follows: COMMENCING at a 5/8 -inch iron rod, found in the northeast right-of-way (R.O. W.0) line of Helbig Road (40 foot public Right -of -Way), for the south corner of said New Faith Holiness Church, Inc. tract and the west corner of that certain called 10.212 acres "described in Deed to Plymouth Village, recorded under C.F. 846759 O.P.R. J.C.T.; THENCE North 35°34'19" West, along and with the northeast R.O.W. line of said Helbig Road, a distance of 113.79 feet to a point for the south corner of an Access and Utility Easement (A.U.E.) and the POINT OF BEGINNING; THENCE North 35°34'19" West, continuing along said northeast R.O.W. line, a distance of 20.09 feet to a point for corner, marking the west corner of the herein described tract; THENCE North 59°57'49" East, a distance of 66.50 feet to an angle point of the herein described tract; THENCE North 32°58'15" East, a distance of 29.54 feet to an angle point of the herein described tract; THENCE North 1710'54" East, a distance of 20.52 feet to an angle point of the herein described tract; THENCE North 32°58'15" East, a distance of 328.88 feet to a point for corner in the south line of a Lease Site, marking the northwest corner of the herein described tract; THENCE North 86°43'41 " East, along said south line, a distance of 24.80 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the southeast corner of said Lease Site, also being the northeast corner of the herein described tract; THENCE South 32°58'15" West, a distance of 340.77 feet to an angle point of the herein described tract; THENCE South 17'10'54" West, a distance of 20.52 feet to an angle point of the herein described tract; THENCE South 32°58'15" West, a distance of 37.11 feet to an angle point of the herein described tract; THENCE South 59°57'49" West, a distance of 69.37 feet to the POINT OF BEGINNING and containing a computed 0.21 acres (9,132 square feet) of land. EXHIBIT "A" LEASE SITE (L.S.) DESCRIPTION (AS SURVEYED): METES and BOUNDS of a 0.06 -acre (2,500 square feet) tract of land, out of a called Tract 85-B and Lots 13 and 12, Block 3, Weber King Addition, recorded under Volume 4, Page 20 Map Records of Jefferson County, Texas (M.R. J.C.T.), conveyed to New Faith Holiness Church, Inc., by deed recorded under Clerk's File No. (C.F.) 2017018742 in the Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), located in the F. BIGNER SURVEY, Abstract 1, Jefferson County, Texas, and said 0.06 -acre tract of land is described as follows: COMMENCING at a 5/8 -inch iron rod, found in the northeast right-of-way (R.O.W.) line of Helbig Road (40 foot public Right -of -Way), for the south corner of said New Faith Holiness Church, Inc. Tract and the west corner of that certain called 10.212 acres described in Deed to Plymouth Village, recorded under C.F. 846759 O.P.R. J.C.T.; THENCE North 35°34'19" West, along and with the northeast R.O.W. line of said Helbig Road, a distance of 113.79 feet to a point for the south corner of an Access and Utility Easement (A.U.E.); THENCE North 35°34'19" West, continuing along said northeast R.O.W. line, a distance of 20.09 feet to a point for corner, marking the west corner of said Access and Utility Easement; THENCE North 59°57'49" East, a distance of 66.50 feet to an angle point of said Access and Utility Easement; THENCE North 32°58'15" East, a distance of 29.54 feet to an angle point of said Access and Utility Easement; THENCE North 17°10'54" East, a distance of 20.52 feet to an angle point of said Access and Utility Easement; THENCE North 32'58'15", East, a distance of 328.88 feet to a point for corner, marking the northwest corner of said Access and Utility Easement, also being a point in the south line of a Lease Site and the POINT OF BEGINNING; THENCE South 86°43'41" West, a distance of 6.88 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the southwest corner of the herein described tract; THENCE North 03°16'19" West, a distance of 50.00 feet a set 5/8 inch iron rod with cap stamped "Landpoint 10194172" in the south line of Lot 15 of said Weber King Addition, marking the northwest corner of the herein described tract; THENCE North 86°43'41" East, along the south line of said Lot 15 and 14 of said Weber King Addition, a distance of 68.33 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the northeast corner of the herein described tract; THENCE South 32'58'15" West, a distance of 61.99 feet set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the northeast corner of said Access and Utility Easement, also being the southeast corner of the herein described tract; THENCE South 86°43'41" West, a distance of 24.80 feet to the POINT. OF BEGINNING and containing a computed 0.06 acres (2,500 square feet) of land. ile 2359-P: Request for a Specific Use Permit to allow a cell tower in a GC-MD-2 (General ommercial-Multiple Family Dwelling-2) District. pplicant: Eco-Site H, LLC ocation: 5250 Helbig Road 0 100 200 1 1 Feet EXHIBIT "B" BLOCK 3 "• LOT 16 LOT 15 WEBER KING SUBDIVISION � ` Q Eco—S i � BURLWGTON, MA al. PANEL. 48 57COIE DATED VOL 4, PG. 20 L1.R J.C.T. 04/02/2014 AND LS IN THE BASE r LOT 16 LLOT 17 OT 19 PROPERTY LINE L y� F1A00 ZONE ROJECT INNRMAORt�! ' 14 EXISTING LOT b� FASTIX 11X-0212 LINE CfYP.) _ T•MOBILE: A3H0136A OOLINK LLC LAlEVIEW PARKWAY, STE 111-1 5110 HELHIO RD. COMPOUND GRAVEL SUBGRADE. EW T -MOBILE LEASE SFAUMONI,TA717W NEW UTILITY H41RAME ` (SEE VE -2 FOR DETAILS) / EXISTING TREE DUSTING CHURCH UNE BUILDING PENTECOSTAL HOLINESS CHURCH C.F. ZD07OM433 O.P.R. J.C.T. FUTURE RESERVE SPACE FOR CHURCH EXPANSION .£� Ppb IE ACCESS AND UTILITY FENT (SEE SURVEY FOR • DESCRIPTION) NEW 12' WIDE GRAVEL ACCESS DRIVE FROM EMSTING PARKING LOTTO NEW COMPOUND ECT PROPERTY IS LOCATED IN IN PANEL #48199C0650F, DATED OCTOBER 6, 2010 AND IS IN THE BASE FLOOD ZONE "X" AND IS NOT IN A FLOOD ZONE. I I 1 i OVERALL SITE PLAN C� SCALE: I"= 60'-0" LOT 14 FLOOD SUBJECT PROPERTY IS LOCATED IN � ` Q Eco—S i � BURLWGTON, MA al. PANEL. 48 57COIE DATED �./NFORMATI 04/02/2014 AND LS IN THE BASE FLOOD ZONE '1(" AND IS W A i3 F1A00 ZONE ROJECT INNRMAORt�! ' b� FASTIX 11X-0212 _ T•MOBILE: A3H0136A OOLINK LLC LAlEVIEW PARKWAY, STE 111-1 5110 HELHIO RD. ROVAETT..TX 78089 EW T -MOBILE LEASE SFAUMONI,TA717W AREA JEFFERSON COIANIY RENT ISSUE OATF� 06/14/2018 REV FINAL ZD NEW LEASE AREA (2.500 SO. FT.) (SEE SURVEY FOR DESCRIPTION) NEW 100 MONOPOLE (SEE TOWER MANUFACTURER'S DRAWINGS FOR ADDITIONAL INFORMATION) NEW DCHIBLE SWING ACCESS GATE (SEE IIC4 FOR DETAILS) NEW G CHAINUNK FENCE WITH BARBED WIRE (SEE IIC4 FOR DETAILS) 6D' DRAINAGE R.O.W. JEFFERSON COUNTY DRAINAGE DISTRICT ND. 6 TRACT 1 DRAINAGE R.D.W. JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 FILECODE 102-46-2123 R.P.R. J.C.T. EXISTING UTILITY POLE EXISTING OVERHEAD POWER LINES EXISTING UTILITY POLE NOTE - SCOPE OF WORK Dob NOT RNCLUOE A SRRUCNRAL EYALUAMON OF THS TOWER OR STRUCTURE NEW ANTEWUS AND ERARPLHHT SHOMN ON THIS RAN HAVE NOT BEEN EVALUATED TO VERIFY THE TOWER OR STRUCTURE HAS THE CAPACITY TO ADEQUATELY SUPPORT THESE ANTUKl . PRIOR TO ANY ANTENNA OR EQUIPMENT INSTALLATION, A S WUC1URAL EVALUAIM OF THE TOMER OR STRUC7 M IFXUJOMO Al. ANIBRIA IIOUN106 SYSTEMS S: HARDWARE SHALL DE PDTFORNED. FOR FOUNDATION DESIGN, REFER TO FOUNDATION DESIGN BY OTHERS NOTE* PROPOSED 10"AIED PLATFORIA DESIGNED BY LEVEL 5 CONSULTING ENGINEERS, INC. DATED 01/28/15. PLEASE SEE ATTAOffD S-SHEEIS FOR DEFIES ff l Consultin 21 S STREET BURLWGTON, MA al. (gw) 79B-2346 VANT: LV� i3 m TZ X ooLsconn OOLINK LLC LAlEVIEW PARKWAY, STE 111-1 ROVAETT..TX 78089 (903)Bdh7862 WWW.WISCON.COM F }� .IACOB N30RALSq A.y tt6B73 � YON L oefiTJm18 JA[06 nl AS E&MOS OVERALL SITE PLAN BF1Z========WASION C1 2