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HomeMy WebLinkAbout2409-PDATE: February 17, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit for to allow a cell tower in a GC -MD (General Commercial - Multiple Family Dwelling) District. FILE: 2409-P Lou Katzerman representing TVTI, L.L.C., D.B.A. Tower Ventures proposes to construct a one hundred eighty (180) foot cellular tower at the rear of 5580 Cole Street. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Rosedale Drive. The applicant states that a six (6) foot wooden fence will be constructed around the lease area to conceal the ground equipment. In addition, they propose a ten (10) foot wide landscaped buffer on all four (4) sides of the site. Historically, these items have been required by the Planning Commission for cell tower sites. Staff recommends approval with the following conditions: 1. Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3: A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 11 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TOWER LEASE BEING a 0.057 acre (2,500.03 square feet) tract of land situated in the Thomas Spear Survey, Abstract No. 50, being out of a called Tract I and Tract II, described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed Records, Jefferson County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast corner of Tract II, situated on the northwest line of Rosedale Drive (60.5' public right-of-way); THENCE South 67° 23' 55" West for a distance of 25.01 feet to a set 1/2" iron rod for the POINT OF BEGINNING; THENCE North 89° 01' 13" East passing the common boundary line of Tract I and Tract II at a distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner; THENCE South 00° 58'47" East for a distance of 50.00 feet to a point for corner; THENCE South 89° 01' 13" West passing the common boundary line of Tract I and Tract II at a distance of 6.30 feet, and continuing for a total distance of 50.00 feet to a point for corner; THENCE North 00° 58'47" West a distance of 50.00 feet to the POINT OF BEGINNING, and containing 0.057 acre (2,500.03 square feet) of land, more or less. ACCESS AND UTILITY EASEMENT BEING a 0.032 acre (1,399.32 square feet) tract of land situated in the Thomas Spear Survey, Abstract No. 50, being out of a called Tract I and Tract II, described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed Records, Jefferson County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast corner of Tract II, situated on the northwest line of Rosedale Drive (60.5' public right-of-way); THENCE South 67° 23' 55" West for a distance of 25.01 feet to a set 1/2" iron rod for corner, being the northwest corner of the described Tower Lease; THENCE North 89° 0P 13" East passing the common boundary line of Tract I and Tract II at a distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner, being the northeast corner of the described Tower Lease; THENCE South 00° 58'47" East along the east line of said Tower Lease for a distance of 15.00 feet to a point for the POINT OF BEGINNING; THENCE North 89° 01' 14" East leaving the east line of said Tower Lease for a distance of 25.86 feet to a point for corner; THENCE North 44° 0 P 42" East for a distance of 8.69 feet to a point for corner; THENCE North 00° 58' 18" West to said right-of-way for a distance of 18.85 feet to a point for corner; THENCE North 89' 01'42" East along said right-of-way for a distance of 20.00 feet to a point for comer; THENCE South 00' 58' 18" East leaving said right-of-way for a distance of 27.14 feet to a point for comer; THENCE South 44' 01' 42" West for a distance of 25.25 feet to a point for comer; THENCE South 89' 01' 14" West to the east line of said Tower Lease for a distance of 34.14 feet to a point for comer; THENCE North 00' 58'46" West along the east line of said Tower Lease a distance of 20.00 feet to the POINT OF BEGINNING, and containing 0.032 acre (1,399.32 square feet) of land, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is in is not in Comments compliance compliance Attached Conditions: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X 8. That.the proposed use is in accordance with the Comprehensive Plan. X GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: TVTI L.L.C., D.B.A. Tower Ventures c/o Lou Katzerman LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Interstate Highway 10 EAST: Industrial SOUTH: Industrial WEST: Industrial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: DRC Construction L.L.C. c/o Dawn Cockerill 5580 Cole Street GC -MD (General Commercial - Multiple Family Dwelling) 0.089 acres more or less Commercial/Vacant X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: GC -MD (General Commercial - Multiple Family Dwelling) GC -MD, GC -MD GC -MD Parkdale Mall Regional Center Cole Street: Local Street with 70 ft. right-of-way and 18' pavement width Rosedale Drive: Local Street with 60 ft. right-of-way and 16' pavement width Curb and gutter 611 water line 27" sewer line PROPERTY OWNERS BA 3AR.OSE INC BABINEAUX SCOT ETAL BANKSTON JOHN A ESTATE DRC CONSTRUCTION LLC LONGORIA ROBERT ET UX SBBL LLC SUTTON WILLIAM SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO. THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME; TVTl LLC. , DBA Tower Ventures C/O Lou Katzennan APPLICANT'S ADDRESS: 495 Tennessee Street Suite: 152 Memphis, TN 38103 APPLICANT'S PHONE #-. 901-239-3892 FAX #. lou@towerventures.com NAME OF PROPERTY OWNER. DRC Construction LLC C/O Dawn Cockerill O Box 3532 Beaumont, TX 77704 ADDRESS OF PROPERTY OWNER- ' P LOCATION OF PROPERTY: 5580 Cole RD (Rear, off of Rosedale RD) Beaumont, TX 77708 LEGAL DES ON OF PROPERTY: LOTNO.___ OR TRACT Property ID # 97752 OO.— TLD �#0569OP-0�00-001 700-00000-8 BLCK N• PLA ADDITION-----.--.---- SURVEY NUMBER OF ACRES— NUMBER OF ACRES 2'0 For properties not in it recorded subdivision, submit a copy of a current surrey or plat showing the properties proposed for a spedfic use permi4 and a complete IqW field note ducripfion. PROPOSED USE; 180 FT Monopole Cell Tower and related ground equipment ZONE. CG -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SnEPLAN drawn to scale with the inforniation listed on the toly back side of this Sheet. ATTACH A REDUCED 8 Yj" X 1111 PHOTOCOPY OF THE SITE PLAN. THE EIGET CONDITIONS listed on the back side of this shed must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN Yz ACRE ...... ........ . ............................................... $250.00 V2 ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00 5 ACRES OR MORE ................ .................................................. $650.00 1, being the undersigned applicant, understand that all conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended 1q, Council. SIGNATURE OF APPLICANT.— 111312020 SIGNATURE OF PROPERTY OMnq'qMER:- PLEASE TYPE OR PRINT AND SUBMIT TO; CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: Phone - (409) 880-3764 Fax - (409) 980-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDMONS TO BE MET REGARDING THE SrIM PLAN AND LEffER OF PROPOSED USES AND ACTIVffIRS. TVT I. LLC - Tower Ventures Phone: 901244-4017 495 Tennessee Street Suite: 152 Memphis, TN 38103 City of Beaumont Planning Dept, January 141h, 2020 CIO Ms. Adina Josey, Senior Planner 810 Main Street Suite: 210 Beaumont, TX 77701 RE: (TX -1051; Beaumont Rosedale) Letter of Intent- for a One Hundred Eighty Foot (180') Monopole Communications Tower at 5580 Cole RD (rear) Beaumont, TX 77708, (Property ID # 97752) Dear Ms. Josey: TVT I LLC (Tower Ventures), 495 Tennessee Street, Suite: 152 Memphis, IN 38103 proposes to construct a One Hundred Eighty Foot (180') CMCS tower at 5580 Cole RD (rear) (Property ID #97752) Beaumont, TX 77708The tower will be a Monopole design. It will be built to support cellular communications and wireless data services. Since we kindly allow and seek colocations, the proposed tower will be designed to support four (4) antenna arrays. The tower will be equipped with a climbing apparatus. Site equipment will be placed in a Lease area of 50' x 50'. A 6' (six foot) wooden fence will be constructed around the lease area to conceal the ground equipment. The Compound Gates will be chain link with concealment slats. We are proposing building 10 ft wide landscape screens on all four sides of the Tower site (save for the gated area). The proposed tower is to be located on a large commercial parcel that is surrounded by commercial uses on all sides of the subject parcel. The compound will have its own dedicated access, along with a parking space. There is a need for improved cellular coverage in this area of Beaumont. The heavy traffic along Eastex Freeway and area that surrounds the Parkdale Mall, will greatly benefit from this tower. The site will add needed data capacity and clear up adjacent cell site congestion. In short, the proposed tower will transmit directly into the Mall. The Southern Broadband Team has provided a Letter of Need along with before and after coverage maps. Please see this information in Section Number Nine of this application. They will also be a tower tenant. The Cellular Equipment planned for the proposed tower cannot be accommodated on any existing structures because there are no appropriate existing structures or pending structures to accommodate the planned equipment, considering, among other factors, the licensees' system requirements. Therefore, the proposed tower is needed so that the licensees can provide better cellular coverage and can improve its E911 emergency services network. The citizens of Beaumont, TX benefit each time a licensee expands its network coverage because each site enhances the licensee's ability to provide emergency response services. TVT I, LLC Tower Ventures, appreciates the City of Beaumont Planning Department's consideration of this application. Please contact r46 at (901) 244-4017 if you have any questions concerning this application. Many thanks. Sincerely, Ldu Katzerman Site Acquisition and Zoning Manager TVT I, LLC - Tower Ventures Phone: (901)244-4017 louRtowerventures. com SECTION 211.04,001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CCINWHONS MUST BE RST BEFORE A SPECIFIC USE PERMIT CAN BE ISATI). Please explain how the proposed project will comply with each of these conditions in your application: That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The area around the prosed tower is commercially zoned, C -G. The tower is too far from any residential to impact any existing housing. Site is designed to provide coverage to the Mall, Eastex Freeway, and the other commercial areas around tower. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Again, this is a commercial area. Tower is in the rear of the subject tract. Being in the rear, with its own access, the rest of the commercial property is left for other future development, unaffected by the proposed tower. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Cell towers need very little utilities. Most only require electric power. No water or gas required. The average usage per carrier who locates their equipment on a tower is much less than say a residential home. We have included a drainage plan in our site plan. The site plan also illustrates a separate vehicle access for the tower. Access will be gated and locked for security. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting; the general public or adjacent development; The Tower has its own dedicated access road. Towers, on an average, are visited once a month per carrier. Or, unless something breaks. in all, towers generate very little vehicle traffic to any given location. Very little or no traffic impact on the surrounding or adjacent properties. o That adequate nuisance prevention measures have been or will be taker, to prevent or control offensive odor, fumes, dust, noise and vibration; Towers traditionally do not emit odors, noise, fumes, dust or vibrations. Towers are a quit neighbor. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Since the proposed tower is less than 200ft, the FAA should not require tower to be lighted. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and Please see the site plan. We have added a ten -foot -wide landscaping screen, on all four sides of the proposed tower compound. Save for the compound gates. We are always open to adding additional landscaping if needed. We take pride in how our sites look. 01 'fiat the proposed use is in accordance with the Comprehensive Plan. In today's world, cell towers are simply an extension of utilities. Any new development needs, power, water, gas and cable TV access. Towers are no different. Because the proposed tower is a utility use, new tower development uses are in accordance with the Comprehensive Plan. w>m E _a �� ma © )(k �§$ / \o era 7}, » _s 961, \,; 3T#a3SOU '1a! • 2 1 , ±\OmGf}B IgOI-\± | OOL44 U 'INOPU H11 a o 0 0a a100 0094 E0T00 xS 'SIHdNaw G� ase a91va01 Z4T# 3,LTt1s v n ➢ :;� = '•� � is 3assaxxas say ce �n nW TIVUHSOa OTJ 'I sns a¢ JO INONfIVHa i 9O l -xs � � N, S w i o ix m O o >'}s 2 uj s g � z y LLI'M � S p@� gg� ¢ 3 z ��Gg�a����� nwi6 I �ggyYY9aa���®� J a . d p �a o (1 \ — W i p3 id ' sg .r €' ; p \\ •i 9 a i l ' `�.-{ ;-i:.. �0. 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CIO Ms. Adina Josey, Senior Planner 810 Main Street Suite: 210 Beaumont, TX 77701 RE: (TX -1051; Beaumont Rosedale) Proposed Tower Conditions - for a One Hundred Eighty Foot (180') Monopole Communications Tower at 5580 Cole RD (rear) Beaumont, TX 77708, (Property ID # 97752) Dear Ms. Josey: 5580 Cole RD - Proposed Tower Conditions: 1) One Hundred Eighty -foot (180') "Mono -pole" CMCS Designed for Four (4) sets of Full Antenna Arrays 2) Six-foot (6') wooden site -proof Fence. 3) Chain link Gates with privacy slats. 4) A 50 ft x 50 ft Tower Lease Area. 5) Landscaping screens will be built on all four of the tower compound sides (Save for the gated area). 6) One Dedicated Parking Space. 7) Access will run north from site, back to Rosedale RD. 109-P: Request for a Specific Use Permit to allow to allow a cell tower in a GC -MD ieneral Commercial - Multiple Family Dwelling) District. pplicant: TVTI L.L.C., D.B.A. Tower Ventures c/o Lou Katzerman ocation: 5580 Cole Street 0 100 200 1 1 1 1 Feet