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Home My WebLink About2283-P DATE: April 17, 2017 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 Cellular Communications Site in a GC-MD (General Commercial Multiple-Family Dwelling-2) District. FILE: 2283-P ___ STAFF REPORT Staff recommends approval with the following condition: 1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone transmission towers within two hundred (200) feet of a residentially zoned property. 2. Meet landscaping & screening requirements per Ordinance. 3. Provide off-street parking within lease area to meet City requirements. Eco-Site is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 100 ft. tower, located on a 0.07 acre lease site, at 3410 Concord Road, within 130 ft. to the nearest Residential District. Ordinance Sec. 28.04.008(b)(24) 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.” The site plan does not show landscaping and screening or dedicated parking for the lease site as required by ordinance. 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 29 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES LEASE AREA A portion of that certain tract of land as described in Instrument Number 9534243 as recorded In the Office of County Clerk for Jefferson County, Texas, situated In the A. Williams Survey, Abstract 385 of said Jefferson County, and being more particularly described as follows: Commence a 1” open pipe found marking the Northeast corner of Lot 15 as shown on a plat of “Lynwood Terrace Addition, Block 8” Volume 8, Page 117 as recorded in said Office; thence run S 02°40’35” E for a distance of 55.15 feet to a 1” open pipe found marking the southeast corner of said Lot 15; thence run S 07°17’30” W for a distance of 316.81 feet to the POINT OF BEGINNING; thence S 01°03’21” W a distance of 43.72 feet to a point; thence S 83°45’28”W a distance of 58.32 feet to a point; thence N 02°28’20” W a distance of 51.23 feet to a point; thence S 88°56’39” E a distance of 61.00 feet to the POINT OF BEGINNING. The above described tract to contain 2823.96 square feet (0.07 acres), 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 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 PROPERTY OWNER: Nathaniel Tarver LOCATION: 3410 Concord Road EXISTING ZONING: GC-MD PROPERTY SIZE: 0.07 ac., more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial Multiple-Family Dwelling) District EAST: Residential GC-MD, R-S (Residential Single-Family Dwelling) District SOUTH: Residential GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Concord Road – Collector Street with 87’ wide right-of-way and 50’ pavement width. Steelton Street – Local Street with a 60’ wide right-of-way and 20’ pavement width. DRAINAGE: Curb and Gutter along Concord & open ditch along Steelton Street WATER: 8” Water line SANITARY SEWER SERVICE: 15” Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' UPSHAW GERALD A JR ESTATE & UPSHAW DAVID SIMMONS CHRIS c/o BERNARD DALEO DURBIN LEROY ET UX CENTENO JOSE HERIBERTO TARVER NATHANIEL OLD TOWN GROCERY INC VO STEVEN C SEMOUR TIMOTHY B TINKLE PANDORA NEFF JOHN & PATRICIA TINKLE RICHARD & LINDA AH GROCER INC BENITEZ OSIEL SALAS & MATILDE GOROSTIETA NIETO HARTWICK RUTHA D REBOLLAR ARELI & MARGARITA RIGSBY JAROY J NUNNALLY JOYCE M BERROTT AARON L ZAMUDIO ANTONIO QUINTANAR DAIGLE CLAYTON JOHN SR SEYMOUR TIMOTHY B SESMAS TERESA & ELEUTERTO ALBARRON LEWIS ERIC L SWEET KENNETH HARNESS ANTHONY D & EDITH ROSTRO CARLOS & SANDRA MARTINEZ BLOCK MELVIN H CENTENO JOSE HERIBERTO WENDT ESTELLA M