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Home My WebLink About2328-P DATE: February 19, 2018 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Specific Use Permit to allow a new cellular tower in a GC-MD (General Commercial Multiple-Family Dwelling) District. FILE: 2328-P ___ STAFF REPORT Andrew Kasparek on behalf of Verizon Wireless is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 100 ft. tall monopole tower, located on a 0.1391 acre lease site, at 8496 Phelan Blvd. The site plan does not show the required 8 foot woo or masonry privacy fence or the 10 foot landscaped buffer (required outside of the fence in this case), or dedicated parking for the lease site as required by ordinance. However, the site does meet the distance requirement from residentially zoned property and will be constructed to city and federal standards. The applicant states that this tower will help provide additional coverage and capacity to the customers in the area, and would be used for emergency services. Verizon is also requesting a waiver to the perimeter landscaping requirements. Staff recommends approval with the following condition: 1. Install an 8 foot wood or masonry privacy fence around the lease site. 2. At such time that any brush or trees are removed outside of the lease site, a ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. 3. Provide off-street parking within lease area to meet City requirements. 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 25 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES LEASE AREA Being a Metes & Bounds description of a certain 0.0826 acre tract of land situated In the Almonzer Huston League, Abstract No, 33 In Beaumont, Jefferson County, Texas, being a called 7.206 acre tract of land conveyed to Calvary Tabernacle Ministries, U.P.C. by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2010043270 of the Jefferson County Official Public Records of Real Property; said 0.0826 acre tract being more particularly described as follows with all bearings being based on the Texas Coordinate System, South Central Zone, NAD 83; COMMENCING at a set 5/8-lnch iron rod (with cap stamped "Jones/Carter Property Corner") for the southeast corner of said 7.206 acre tract and proposed 0.1391 acre tract common with the southwest corner of a called 2.990 acre tract land conveyed to Three P Partners, LLC by Warranty Deed with Vendor's Lien recorded in Clerk's File No. 2008021329 of the Jefferson County Official Public Records of Real Property, being in the north line of Phelan Boulevard (right-of-way varies) recorded In Volume 2392, Page 47 (northern portion) of the Jefferson County Deed Records, from which a found 5/8-lnch Iron rod (bent with no cap) bears North 87° 11' 32" East, 0.37 feet and a found 1/2-inch Iron rod In concrete bears North 87° 11' 32”, East, 434.53 feet; THENCE, South 87° 11' 31" West, along the south line of said 7.206 acre tract and proposed 0.1391 acre tract, common with the north line of Phelan Boulevard, 30.00 feet to a set 5/8-lnch iron rod (with cap stamped "Jones/Carter Property Corner") at the southwest corner of proposed 0.1391 acre tract; THENCE, North 02° 48' 56" West, along a west line of proposed 0.1391 acre tract, 191.97 feet to a set 5/8-lnch Iron rod (with cap stamped "Jones/Carter Property Corner") for the POINT OF BEGINNING of the herein described tract; THENCE, South 87° 11' 04" West, 35.00 feet to a set 5/8-lnch iron rod (with cap stamped "Jones/Carter Property Corner"); THENCE, North 02° 48’ 56” West, 60 feet to a set 5/8 inch iron rod (with cap stamped "Jones/Carter Property Corner"); THENCE, North 87° 11' 04" East, 60.00 feet to a set 5/8-lnch Iron rod (with cap stamped "Jones/Carter Property Corner) at the northernmost northwest corner of proposed 0.1391 acre tract; THENCE, South 02° 46' 56" East, along a west line of proposed 0.1391 acre tract, 60.00 feet to a set 5/8-lnch iron rod ( with cap stamped "Jones/Carter Property Corner"); THENCE, South 87° 11' 04" West, along a north line of proposed 0.1391 acre tract, 25.00 feet to the POINT Of BEGINNING, CONTAINING 0.0826 acre of land In Beaumont, Jefferson County, Texas as shown on Drawing No. 11095 in the offices of Jones/Carter In Bellaire, Texas. 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 5. 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: Verizon Wireless - Andrew Kasparek PROPERTY OWNER: Calvary Tabernacle Ministries LOCATION: 8496 Phelan Blvd. EXISTING ZONING: GC-MD PROPERTY SIZE: 0.1391 ac., more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant GC-MD (General Commercial Multiple-Family Dwelling) District EAST: Vacant GC-MD SOUTH: Vacant GC-MD WEST: Vacant GC-MD COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Phelan Blvd. – Major arterial with 100’ wide right-of-way and 85’ pavement width. DRAINAGE: Curb and Gutter WATER: 16” Water line SANITARY SEWER SERVICE: 8” Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' ALEXANDER CARL M BEAUMONT ISD BURGESS WILLIAM CALVARY TABERNACLE MINISTRIES COLE FARNUM W , ET AL CONSTRUCTION EQUITY INC COOK BILLYE K ENTERGY TEXAS INC GOUGENHEIM RONALD A & HODGES AUSTIN & NANCY KOCOT ROBERT J SR NATIONWIDE DG BROWNSVILLE INC NGUYEN MY PHI & PRITCHARD AMANDA L ROBBINS CARMEN J & HARRY ROBBINS GARY SHORT DAVID L & KAREN SINGLETON MADELINE R STEPHENS NATHANIEL JR & MARILYN THREE P PARTNERS LLC WEST OAKS TOWNHOMES ASSN