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Home My WebLink About2359-P DATE: November 19, 2018 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a cell tower in a GC-MD-2 (General Commercial Multi-Family Dwelling-2) District. FILE: 2359 – P ___ STAFF REPORT Eco-Site II, L.L.C., is requesting a cell tower in GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) at 5250 Helbig Road. Recently, this property was rezoned from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District, as a cell tower cannot be requested in NC zoning. It should be noted that this property is also occupied by a church. Due to future expansion plans, the only place the church is willing to locate a cell tower is to the very rear of the property, placing it adjacent to RS (Residential Single Family Dwelling) zoned property. The Zoning ordinance requires that, "Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property." Staff recommends approval of the request with the following condition: 1. Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone transmission tower. 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 18 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES 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. 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: 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 OWNERS NOTIFIED WITHIN 200 FEET 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