HomeMy WebLinkAbout730BADATE: December 6, 2018
TO: Board of Adjustment
FROM: Adina Josey, Senior Planner
SUBJECT: To consider a request for a Variance to the minimum required setback from
Residential zoning for a cell tower, from 200' to 0'.
FILE: 730 -BA
Eco -Site II, L.L.C., is requesting a variance to Section 28.04.008 Special Conditions, of the
Zoning Ordinance which states, "Cellular telephone transmission towers shall be prohibited
within two hundred (200) feet of a residentially zoned property. The method of measuring the
distance between the cellular telephone transmission tower and the residential zoning district
shall be from the nearest lease or property line of the cellular telephone transmission tower
facility to the nearest residential district boundary. " Jamie Miller, agent for Eco -Site II, states
that the only available location, to serve the needed area, is at 5250 Helbig Rd. This property
was rezoned to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2), as part of a
rezoning study earlier this year. Last month the property received a Specific Use Permit for a
cell tower, contingent on a variance to the 200', RS (Residential - Single Family Dwelling)
zoning setback requirement.
There is a church currently located on the property. The applicant was asked to situate the tower
on the property so as to accommodate the 200' setback. The church hopes to grow and expand in
the future, and was unwilling to locate the tower closer to existing buildings. The proposed
location for the tower is 0' from RS zoned property. The applicant states that this location was
chosen so the tower would blend with the neighboring electrical substation, and that this new
100' tall monopole tower would be located approximately 25' from the nearest residence.
In addition, the applicant would like to place the equipment cabinets for the tower 2' from the
northernmost side property line. The minimum required side yard in GC -MD -2 is 20'.
Relocating these cabinets in the plans submitted would require a change in the footprint of the
cell tower lease site and legal description, and therefore an amendment to the Specific Use
Permit.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 18
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
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 17'10'54" 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.
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.
GENERAL INFORMATIONIPUBLIC UTILITIES
APPLICANT: Eco -Site II, LLC
PROPERTY OWNER: New Faith Holiness Church, Inc.
LOCATION: 5250 Helbig Road
EXISTING ZONING: GCMD-2 (General Commercial Multi- Family
Dwelling -2)
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residential
EAST: Residential
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
—0.21 acres
Church
X — Area determined to be outside the 500
year flood plain
SURROUNDING ZONING:
RS (Residential - Single Family Dwelling)
GCMD-2 (General Commercial Multi- Family
Dwelling -2)
RS
RS
Stable Area
Helbig Road -Major Collector with a 10'
right-of-way and 21' pavement width.
Open ditch
12" water line
8" Sanitary sewer line
PROPERTY OWNER NOTICES SENT WITHIN 200'
AMERADA HESS CORP
BASS WILLIAM ET UX
BENNETT RONALD
BOWMAN LETHA MAE
CASH DOUGLAS & CHERYL
CORMIER JASON LEE
EDMONSON TAMMY LYNN
ENTERGY TEXAS INC
GARCIA MARIA Y
GREEN ERNEST L
JOHNSON ED A & AGGIE MAE
NEW FAITH HOLINESS CHURCH INC
PLYMOUTH VILLAGE TRUSTS
SEGURA BRENDA
STANLEY EDNA
STANLEY JAMES
WASHINGTON LOUIS ESTATE
WINGATE CHRISTANA
BOARD OF ADJUSTMENT
APPLICATION FORM
CITY OF BEAUMONT
(CODES SECTION 28.02.005)
THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One)
() Appeal
OVariance
() Special Exception
Complete the appropriate supplemental application form depending on which box is checked and include it with your
application.
APPLICANT'S NAME AND ADDREss:ECO-Site It, LLC 240 Leigh Farm Rd. #230 Durham, NC 27707
APPLICANT'S pilom NUMBER -713-409-4047 FAX #:
NAME OF OVINER.New Faith Holiness Church, Inc.
ADDRESS OF OWNER:9285 Riggs St., Beaumont, TX 77707
Cn
LOCAnONOFPROPERTY:0450 Helbig Rd., Beaumont, TX
LEGAL DESCRIPTION OF PROPERTY:
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12 & 13
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ADDITION Bigner Weber
lifflirp, 00MM�M - - -
OR TRACT- 85-B
PLAT D21
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9M
For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the
properties proposed to be changed, and a complete legal field note description.
sumn A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST.
SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND
ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO
EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE.
A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION.
IF THIS APPLICATION IS GRANTED BY THE
FOR PROSECUTION OF THE W071
ONE (1) YEAR FROM THE DATE
APPLICANT'S SIGNATURE:
% I UNDERSTAND THAT ALL PERMITS NECESSARY
JNED AND CONSTRUCTION COMPLETED WITHIN
THE BOARD OR IT SHALL BE CONSIDERED VOID.
Eco -Site 11, LLCDATE: J U Ly 17, 2018
PLEASE NOTE: THE APPLICINT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN
DISTRICT COURT.
"0 6A
MILE NUMBER: +
DATE RECEIVED:
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, SUITE 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3133
VARIANCE APPLICATION FORM
BEAUMONT, TEXAS
The Board of Adjustment has the power to grant variances where the following listed conditions have
been met. Indicate how your application meets each of these conditions in the space following each
condition. (The applicant has the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the
Zoning Ordinance when the Board finds that all of the following conditions have been met:
CONDITION A: That the granting of the variance will not be contrary to the public interest.
The granting of the first requested variance for a wireless communication site less than 200'
from the nearest residential property line would actually be in the public interest as the proposed
cellular phone transmission site is designed and intended to resolve a significant gap in T -Mobile's
wireless service. The granting of the second requested variance is to locate the wireless
communication site within the 20' side setback and build or place equipment within that side setback. If
granted, this will not be contrary to any public interest. As the majority of E-011 calls are now made on
wireless devices, having increased and improved high speed voice and data capabilities as well as
enhanced E-911 service in this neighborhood is in the public interest.
CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship
because of exceptional narrowness, shallowness, shape topography or other extraordinary or
exceptional physical situation or physical condition unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished
from a hardship relating to convenience, financial considerations or caprice, and the hardship must not
result from the applicant or owner's own actions.
In an effort to stay within the intent of the City of Beaumont Tower ordinance, Eco -Site II, LLC
has situated the proposed lease area as close as possible to the Electric sub -station to best 'blend'
with the surrounding topography and as far off of the Helbig Rd right of way as possible. Eco -Site II,
LLC proposes a monopole style tower rather than a multi -legged style tower which has been more
commonly used in Beaumont. As the proposed wireless communications site dimensions are
approximately 50'x 50', this would place the centerline of the proposed tower to the nearest residence
is 25'+/- and the proposed equipment could not be safely placed outside the 20' side setback
requirements, therefore decreasing the amount of additional tenants in the compound. As will be
presented to the Board of Adjustment, the site is the only site available in order to resolve T -Mobile's
significant gap in its wireless service.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done..
By granting both Variances, the proposed Tower will resolve a significant gap in T -Mobile's
wireless service, including enhanced E-911 service and by minimizing the style of the tower the intent
and spirt of the ordinance will be met and substantial justice offered to the community as well as to the
applicant.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's
signature: A ent for Eco -Site II LLC Date: Dec 3 2018
Phone # 713-409-4047 FAX #
1
EBngI
Consulti
21 B Street
Burlington, MA 01803
Tel: (781) 273-2500
environmental I engineering ( due diligence www.ebiconsulting.com
November 28, 2018
Planning Department
City of Beaumont
801 Main Street
Beaumont, Texas 77701
EBI Consulting, acting as agent for Eco -Site II, LLC 240 Leigh Farm Rd. #230 Durham, NC 27707 hereby
requests two Variances for a proposed 100' cell tower and its compound located at 5250 Helbig Rd.,
Beaumont, TX.
The first request is a Variance for a wireless communications site that is less than 200' from the nearest
residential property line. The second request is for a Variance is to locate the wireless communications
site on the property within the 20' side setback set in place by the zoning regulations.
The granting of these requested Variances would actually be in the public interest as the proposed
wireless communications site is designed to resolve a significant gap in T -Mobile's wireless service. As
the majority of E-911 calls are now made on wireless devices, having increased and improved highspeed
voice and data capabilities as well as enhanced E7911 service in this neighborhood is in the public
interest.
Thank you,
Jamie R. Miller
Site Acquisition Specialist
EBI Consulting, Inc
Agent for Eco -Site II, LLC
ENVIROBUSINESS, INC. LOCATIONS I ATLANTA, GA I BALTIMORE, MD I BURLINGTON, MA I CHICAGO, IL
DALLAS, TX I DENVER, CO I HOUSTON, TX I LONG BEACH, CA I NEW YORK, NY I PHOENIX, AZ
PORTLAND, OR I RICHMOND, VA I SEATTLE, WA I YORK, PA
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, ENGINEERING INC.
Steven Quaresima
Eco -Site
240 Leigh Farm Rd., Suite 415
Durham, NC 27707
4400 West 31St St —Yankton, SID 57078
Phone: (605) 665-7532 Fax: (605) 665-9780
http://www.ehresmannengineering.com
E -Mail: j.schrempp@ehresmannengineering.com
Subject: 100' Ehresmann Engineering, Inc. Monopole
Site: TX -0212 Eastex
Location: Beaumont, TX (Jefferson County)
EEI JO:' -102760-18
As requested, we have designed and can furnish a 100' Ehresmann Engineering, Inc. monopole
to be located in Beaumont, TX (Jefferson County). The site will be called TX -0212 Eastex.
Address: 3400 McHale St.
Beaumont, TX 77708
Coordinates: 30-07-38.00 N
94-08-19.59 W
The monopole will be designed as follows:
- In accordance with the Telecommunications Industry Association TIA-222-G Standard
- 111 mph wind with no ice (Vasil)
- Vult = 144 mph wind
- 30 mph wind with 1/2" ice (Vasd)
- 60 mph wind with no ice (service)
- Structure Class 11
- Exposure Category C
I Topographic Category I
Design loading will be included as outlined on drawing 102760E0I.
This tower design standard takes into account several safety factors including load factors and
steel strength capacities, resulting in an overall minimum safety factor of 25%. Therefore, it is
highly unlikely that the pole will fail structurally in a wind event where the design wind speed is
exceeded within the range of built-in safety factors.
Should the wind speed increase beyond the capacity of the built-in safety factors to the point of
failure of one or more structural elements, the most likely location of failure would be within one
of the pole shaft sections. For the TX -0212 Eastex pole this would most likely be in the section
from 69.5' to 100' which is the highest stressed area of the pole. This would result in a buckling
mode, were the steel shaft bends beyond its elastic limit (the point where the shaft does not
return to its normal shape when the wind load is removed).
During this local buckling, a relatively small portion of the pole shaft distorts and merely kinks
the steel causing the pole to buckle at the location of the highest combined stress ratio in the
pole and "folds over" onto the portion below. This would most likely result in a fold over radius
of 25' from the base of the pole.
Please note, all opinions outlined in this letter are valid only if an Ehresmann Engineering, Inc.
monopole is furnished and installed.
If you have any questions, please feel free to contact us.
Regards,
Jared Schrempp, P.E.
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