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HomeMy WebLinkAbout1986-P DATE: May 18, 2009 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager 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: 1986-P STAFF REPORT The Planning Manager recommends approval. Jack Burklund, representing Verizon Wireless, has applied for a specific use permit to allow a 160' tall cellular tower at 4430 College. Verizon Wireless would like to lease a 75' x 75' site from Beaumont Tractor. The lease site will be enclosed by an 8' high chain link fence. Within the lease space will be the 160' tall monopole tower and a 12' x 28' prefab aggregate stone building to house the electronic switching equipment and backup generator. The lease site will be at the rear of the Beaumont Tractor property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 7 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES A METES AND BOUNDS description of a certain 0.0312 of an acre tract of land situated in Noah Tevis Survey, Abstract No. 52 in Jefferson County, Texas; being out of Lot 89 of College Acres Addition, plat of which is recorded in Volume 5, Page 71 of the Jefferson County Map Records, said lot also being described in Warranty Deed with Vendor=s Lien recorded under Clerk=s File No 2006007990 of Jefferson County Official Public Records; said 0.0312 of an acre tract being more particularly described as follows with all bearings being based on the Texas LEGAL DESCRIPTION continued Coordinate System, South Central Zone, NAD 83 as obtained with Real Time Kinematics Global Positioning Equipment; COMMENCING at a found 5/8-inch iron rod marking the northeast corner of Lot 91A, common with the northwest corner of Lot 92A of the Amended Plat of Lots 91 and 92 into Lots 91A and 92A, College Acres Subdivision, as shown on plat recorded in Volume 15, Page 394 of the Jefferson County Map Records, said iron rod being in the south line of a called 10.080 acre tract as described in Deed recorded in Volume 1487, Page 573 of the Jefferson County Deed Records; THENCE, South 8638'32" West, along the north line of the said Lot 91A, 125.06 feet to a point marking the northwest corner of said Lot 91A, common with the northeast corner of Lot 90 out of the aforementioned College Acres Addition Plat; THENCE, South 8639'01" West, along the north line of Lots 90 and 89 out of the said College Acres Addition Plat, passing at a distance of 102.51 feet a found 2-inch iron pipe, continuing in all a total distance of 247.73 feet to a point; THENCE, South 0311'02" East, 20.77 feet to a set 5/8-inch iron rod ( with cap stamped A Cotton Surveying @) at the northwest corner of the Lessee=s Land Space; THENCE, South 0250'34" East, along the west line of the Lessee=s Land Space, 65.00 feet to the POINT OF BEGINNING of the herein described 0.0312 of an acre Lessee=s Right-of-Way for Utilities; THENCE, South 0250'34" East, continuing along the west line of the Lessee=s Land Space, 10.00 feet to a set 5/8-inch iron rod (with cap stamped A Cotton Surveying @) at the southwest corner of the Lessee=s Land Space; THENCE, South 8639'01" West, 41.54 feet to a point for corner; THENCE, South 0320'59" East, 84.30 feet to a point for corner; THENCE, South 8639'01" West, 10.00 feet to a point for corner in the west line of the aforementioned Lot 89 of College Acres Addition; THENCE, North 0320'59" West, along the west line of said Lot 89, 94.30 feet to a point for corner; THENCE, North 8639'01" East, 51.63 feet to the POINT OF BEGINNING, CONTAINING 0.0312 of an acre of land in Jefferson County, Texas as shown on Drawing No. 6846 (S) in the offices of Cotton Surveying Company in Houston, Texas. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.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, nor significantly diminish or impair property values within the immediate vicinity; X 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 ANALYSIS continued This application is in conformance with all eight conditions necessary for approval. Comments on Condition 1 follows: 1. The subject property is located in a commercial corridor along College. The Zoning Ordinance states that no cell tower shall be located closer than 200' of a residential zoning. There is a mobile home park approximately 50' north of the north property line of the Beaumont Tractor tract of land. While the mobile home park is residential in nature, the property is zoned GC-MD and HI. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jack Burklund for Verizon Wireless PROPERTY OWNER: Sam and Connie Morgan LOCATION: 4430 College EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.0312 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Mobile home park, vacant GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: College St. Activity Corridor STREETS: College Street - Major Arterial with a 130' wide right-of-way and 6 lanes with a left turn lane DRAINAGE: Curb and gutter GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 12" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS ELLISON BILLIE MODICA TOMMIE JR SAM H & JOHN C MORGAN CHARLES SAMUEL & CONNIE OAK FOREST MOBIL HOME PARK PARIGI SAM C PARIGI SAM C JR TRUSTEE