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HomeMy WebLinkAbout2255-P DATE: March 21, 2016 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 GC-MD (General Commercial - Multiple Family Dwelling District) zoning. FILE: 2255-P ___ STAFF REPORT Staff recommends approval of this request. David Petrakovitz, agent for T. Mobile West, is requesting a Specific Use to allow a cell tower on the Garden of Gethsemane Nursery property, located just west of 1878 Washington Boulevard. In December of 2015, Mr. Petrakovitz was awarded a variance from the minimum distance requirement from residential property. Mr. Patrakovitz states that the only available commercial properties near the 1800 block of Washington Boulevard are narrow, not allowing for the required buffer, and that the proposed tower will not exceed 100 feet in height, in order to minimize the visual impact on the neighborhood. Although the tower would be approximately 156 feet from the nearest residentially-zoned property, it would be over 226 feet from the nearest residence. Please note that final 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 10 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the SW 1/4 of Block 2F, Cartwright Addition, Beaumont, Jefferson County, Texas, containing 0.980 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 APPLICANT: David Patrakovitz - agent for T. Mobile West PROPERTY OWNER: Garden of Gethsemane Nursery and Landscaping, LLC LOCATION: Approximately 150' west of 1878 Washington. EXISTING ZONING: GC-MD (General Commercial - Multiple Family Dwelling) PROPERTY SIZE: 0.98 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial - Multiple Family Dwelling) EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Washington Boulevard - Secondary Arterial with a 100 foot right-of-way and 54' pavement width. DRAINAGE: curb and gutter WATER: 6” water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS GARDEN OF GETHSEMANE NURSERY & RODRIGUEZ RAMIO S & MAGDALENA MCKINLEY MICHAEL L ET UX COMEAUX ELLA MAE HARMON LADAY KIRESTEN COMEAUX SPIVEY REMA JO THOMAS ALEX JR CHRIST FELLOWSHIP CHURCH INC