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Home My WebLink About730-BA DATE: 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 STAFF REPORT 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. 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.O) 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 INFORMATION/PUBLIC 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: ~0.21 acres EXISTING LAND USES: Church FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential - Single Family Dwelling) EAST: Residential GCMD-2 (General Commercial Multi- Family Dwelling-2) SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area STREETS: Helbig Road - Major Collector with a 10' right-of-way and 21' pavement width. DRAINAGE: Open ditch WATER: 12" water line SANITARY SEWER SERVICE: 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