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Home My WebLink About2197-P DATE: March 17, 2014 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 cellular tower in a GC-MD (General Commercial-Multiple Family Dwelling) district. FILE: 2197-P ___ STAFF REPORT Staff recommends approval with the following conditions: 1. Provide buffer landscaping / screening around the perimeter of the lease site. Jeannie Gurley with Proteus-Services on behalf of Banah Partners is requesting permission to construct a 180’ monopole cellular tower. The property is located at 7510 Tolivar Road and is owned by Banah Partners. Christus St. Elizabeth Medical Group currently has a facility located on the northeast portion of the property. Ms. Gurley states that a new cell site location is necessary to provide coverage to their customers. The new tower will improve network coverage for Verizon Wireless customers in the Beaumont area. Due to customers depending on wireless more and more each day for calls and data service, Proteus is committed to providing a reliable wireless network. 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 3 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES A METES & BOUNDS description of a certain 0.0367 acre tract of land situated in the D. Easley Survey, Abstract No. 20 in Jefferson County, Texas, being out of a called 4.402 acre tract of land conveyed to Banah Partners,Ltd. By Warranty Deed with Assumption recorded in Clerk’s File No. 2003053290 of the Jefferson County Official Public Records, said 0.0367 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 found concrete monument in the west right-of-way line of N. Major Drive recorded in Clerk’s File volume 1686 Page 215 of the Jefferson County Deed Records, and north occupied right-of-way line of Tolivar Road (no dedication found on record), from which a found concrete monument bears North 02’32’02” West, 233.39 feet; THENCE, South 87’04’41” West, 354.15 feet along the north occupied right-of-way line of said Tolivar Road and south line of said 4.402 acre tract to a point, from which a found ½-inch iron rod (with cap stamped Cotton Surveying Company) bears South 87’04’41” West, 264.94 feet; THENCE, North 02’51’54” West, 17.64 feet, to a set 5/8-inch iron rod ( with cap stamped cotton Surveying company) for the POINT OF BEGINNING of the herein described 0.0367 acre tract of land; THENCE, North 02’51’54” West, 40.00 feet to a set 5/8-inch iron rod (with cap stamped cotton Surveying Company) for corner. THENCE, North 87’08’06” East, 40.00 feet to a set 5/8-inch iron rod (with cap stamped Cotton Surveying Company) for corner; THENCE, South 02’51’54” East, 40.00 feet to a set 5/8-inch iron rod (with cap stamped Cotton Surveying Company) for corner. THENCE, South 87’04’41” West, 40.00 feet, to the POINT OF BEGINNING, CONTAINING 0.0367 acres of land in Jefferson County, Texas, as shown on Drawing No. 8107 in the office of Cotton Surveying in Houston, Texas. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application Application Application is in is in is not in is not in Comments Comments compliancecompliance compliancecompliance AttachedAttached Conditions: Conditions: 1. That the specific use will be compatible with and not 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, injurious to the use and enjoyment of other property, or significantly diminish or impair property values or significantly diminish or impair property values within the immediate vicinity;within the immediate vicinity; XX 2. That the establishment of the specific use will not 2. That the establishment of the specific use will not impede the normal and orderly development and impede the normal and orderly development and improvement of surrounding vacant property; improvement of surrounding vacant property; XX 3. That adequate utilities, access roads, drainage and 3. That adequate utilities, access roads, drainage and other necessary supporting facilities other necessary supporting facilities have been or will have been or will be provided;be provided; XX 4. The design, location and arrangement of all 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or traffic without adversely affecting the general public or adjacent adjacent developments;developments; XX 5. That adequate nuisance prevention measures have 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;odor, fumes, dust, noise and vibration; XX 6. That directional lighting will be provided so as not 6. That directional lighting will be provided so as not to disturb or adversely to disturb or adversely affect neighboring properties;affect neighboring properties; XX 7. That there are sufficient landscaping and screening to 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent insure harmony and compatibility with adjacent property; and, property; and, XX 8. That the proposed use is in accordance with the 8. That the proposed use is in accordance with the Comprehensive Plan.Comprehensive Plan. XX GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jeannie Gurley with Proteus Services PROPERTY OWNER: Banah Partners, Ltd. (Howard Wilcox) LOCATION: 7510 Tolivar Road EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: ~0.0367 acres 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: Commercial GC-MD District SOUTH: Vacant GC-MD District WEST: Commercial GC-MD District COMPREHENSIVE PLAN: District Center STREETS: Tolivar Road: Major Collector Street with 60’ right-of-way and 25’ pavement width. DRAINAGE: Open ditch WATER: 8” Water line 325’ to the west on Tolivar Road or 12” water line to the north on Highway 105 SANITARY SEWER SERVICE: 10” Sanitary Sewer line PROPERTY OWNERS BANAH PARTNERS LTD GARTH CO SHAZ INVESTMENTS GROUP INC