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Home My WebLink AboutORD 20-007ORDINANCE NO. 20-007 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE REAR OF 5580 COLE. STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Lou Katzerman, on behalf of TVTI, L.L.C., d/b/a D.B.A. Tower Ventures, has applied for a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at the rear of 5580 Cole Street, 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 (General Commercial -Multiple Family Dwelling) District for property located at the rear of 5580 Cole Street, subject to the following conditions: ;and, • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry'.fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • 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 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 for property located at the rear of 5580 Cole Street, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to TVTI, L.L.C. d/b/a D.B.A. Tower Ventures, 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: • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • 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. 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 25th day of February, 2020. LFwJ'ATMuuJJ. 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 H 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 H, 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° 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, 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; EXHIBIT "A" THENCE North 44° 01' 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 corner; THENCE South 00° 58' 18" East leaving said right-of-way for a distance of 27.14 feet to a point for corner; THENCE South 44° 01'42" West for a distance of 25.25 feet to a point for corner; 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 corner; 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. Request for a Specific Use Permit to allow to allow a cell tower in a GC -MD al Commercial - Multiple Family Dwelling) District. int: TVTI L.L.C., D.B.A. Tower Ventures c/o Lou Katzerman )MI ' 5580 Cole Street 0 100 200 - I i 1 1 Feet EXHIBIT "B" EXHIBIT "C" r V r Ny_ m 1i EXHIBIT "C" manna axon Pmt (-4 . Pam i uxc cm.) Ur Pam Ap—vP—aw—am—vP—vr �•wr.--ov �P eu—av——vr—wr—u.—axr �•vr --�'Z ' Enmrc mCE m • �PALEunR IDPa �\ ROSEDALEDR IDmRr OWLE IrrP )) (. �` �� y F10211Ha CN.YEAT mrmfx NAIdILE f_ �=.��1� r--^-- I oO�,00O0000po I I �3-I f I \ +� its, f cc) ip fD-iViy' _'�•,f�.1 L`�! moi, r ( / i ArDarr oxAr O u mrsn }�f• c j.•(• / s u air azmwf Pnmoso ---�•A�-----J . b.Lb� ,J xWOfA'2 GRAPHIC SCALE I �a Ww ✓-rmaAm uNE'P{xr (nrP4As°x�iozmcmj� mzlRc rtACE IrrP.)�r\ d0 118k � a..rO,aNn�,na I SITE PLAN —TSaa-m OmmNxa�mCE m (Maw ' maMO MrrRT� y' (T) EAsrmx xm cmAx o xr nc /- mho--ff un ----------- -----------=----- — a 0 e§0 m 0 0 o Q 013 I GZ AAEA xo8oiv+riwPouNa �� ]. I�➢IC PMroT 91NL � Y SSW w%P�E �' I. N1fE axs�rmGnox m ec om�u.Cim WET oVPm cupA�rrD. 2 NL WYtq 91NILMR PIDSVxE 6 PK NDT WPFO 6LLV�.Pw w w.xxor oP ME mH� —R.uL ra rzaw 1 uLVINiIIA NO%A1m RAlWAL MUL PPE Mof fXftm faWT Dl— .P PP- n4TM IIBfbd w PPC a. moo 9AR 9181 BL PRE S MA. INTERIOR EIDE WOOD FENCE DETAIL MNFR NDTFR• �®14 I� fOJNO�AINM Ig1NBT'L 2 ITM0116[V SxfRN 6 1 NG[x a CmmxRl H RI PACE 2 Pnmoaex000 Pm¢ � . O I 1 80'MONOPOLE TOWER ELEVATION —a— a.. `De`a i P FOREST E s;�6'�•U(7 m$u � LF: FF•F GE .R•. 130555 ' �u•� Wit r ZONING SITE PLAN 2 OF 3 ,0,�0/ xTxwee� 380.078 +1�+�_ Pnmoso (. ,`I -'•i �' J Cy7 j� rttp�,/ yl I ACR59EA@ I•.�':'.—L'•. _ !, ._' 1_l.-... y�^"•fir-:'(� // rN rl ��Arn 1 ArLRa I o�---------- -------J ome I >> O O O O' GRAPHIC ECALE . PAmago fnff R.IDACE 1,� •—a—• x—x—L—a PxoP05fD -------_----J . mSimO (DICE (irP�M` x1.10 SCALE P.lo' . ENLARGED SITE PLAN aDALE r+ff R.Haol ' MNFR NDTFR• �®14 I� fOJNO�AINM Ig1NBT'L 2 ITM0116[V SxfRN 6 1 NG[x a CmmxRl H RI PACE 2 Pnmoaex000 Pm¢ � . O I 1 80'MONOPOLE TOWER ELEVATION —a— a.. `De`a i P FOREST E s;�6'�•U(7 m$u � LF: FF•F GE .R•. 130555 ' �u•� Wit r ZONING SITE PLAN 2 OF 3 ,0,�0/ xTxwee� 380.078