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Home My WebLink About1748-P DATE: November 15, 2004 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 telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District. FILE: 1748-P STAFF REPORT The Planning Manager recommends denial of this request. LA Unwired, the applicant, is requesting a specific use permit to allow the construction of a cellular telephone transmission tower at 4151-65 Gladys. The facility would include a 150' tall monopole tower and related equipment all within a fenced enclosure. An 8' tall wood screening fence would be constructed around the facility. As required by ordinance, a 10' wide landscape strip would be planted along the south property line. Due to the recent proliferation of requests for cell towers, the City Council took steps to try to minimize the effects these towers might have on nearby property owners. Of most concern are the negative effects these towers might have on nearby residential areas. While this property and the neighboring properties to the east, west and north are zoned GC-MD, the general area is residential in nature. If this request is approved, the Planning Manager would suggest that the Planning Commission and City Council require a stealth tower. Mr. Sidney Theriot provided the Planning Manager with two different examples of cellular tower stealth technology that his company has used in other cities. In addition, research of other cities= ordinances shows that some address the locating of transmission facilities on existing buildings or utility poles. The only structure of any significant height in this area is a billboard adjacent to the proposed cell tower site. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 100' of Lots 15-16, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.22 acres, more or less. 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 X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 1 and 7 follow: 1. The applicant states that telecommunication towers do not have a history of diminishing property values. While staff has no evidence to argue that point, it is debatable what sort of effect these towers have on surrounding property owners= perceptions of what is aesthetically pleasing. They are the ones that must look at the tower on a daily basis. 7. The proposed facility meets the minimum landscaping requirements. A ten foot wide landscape strip is proposed along the south property line. The facility will be surrounded by an 8' tall wood screening fence. If the Planning Commission and City Council approve this request, they might wish to require additional landscaping along the north, east and west sides of the property. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: LA Unwired PROPERTY OWNER: Ryen Burrus LOCATION: 4151-65 Gladys EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.22 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: None STREETS: Gladys Avenue - Secondary arterial with a 54' wide right-of-way and a 40' pavement width DRAINAGE: Curb and gutter WATER: 6" - 12" water lines SANITARY SEWER SERVICE: 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #4, Gladys at W. Lucas. ADEQUACY OF SERVICE: Services are adequate.