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HomeMy WebLinkAboutPZ2021-238DATE: August 16,2021 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 Communication Tower in an Ll (Light Industrial) District. FILE: PZ2021-23 8 STAFF REPORT David Boclienck is requesting a Specific Use Permit to allow a Communication 'Power in an Ll (Light Industrial) District in the 6300 block of Walden Road. KFDM has been forced to relocate due to future Interstate Highway 10 revisions. One requirement for their new facility is a 150 foot self-supporting transmission tower. The proposed tower would be similar in appearance to an existing cell tower on the south side of Walden Road. The tower would be located at the rear of the new facility. Staff recommends approval of the request. 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 10 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 317.92', Tracts 3-E & 3-F, Block 3, T.H. Langbain Addition, Beaumont, Jefferson County, Texas, containing 3.56 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, Rimes, 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 INFOIMATIONIPUBLIC UTILITIES PROPERTY OWNER: Constantine Megas LOCATION: 6300 block of Walden Road EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 3.56 ac. more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year SURROUNDING LAND USES: NORTH: Residential EAST: Commercial SOUTH: Commercial WEST: Museum COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: flood plain. SURROUNDING ZONING: LI (Light Industrial) District LI C-M (Commercial -Manufacturing) District C-M Light Industrial Walden Road --Major arterial, 4 lanes divided. Curb and gutter 12" water line 72" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' A & A ELECTRIC CO ARKS HOSPITALITY INC DILLAHUNTY FRANK ISC PROPERTIES LLC K-AG LEASING INC MASON CONSTRUCTION INC MEGAS & MEGAS INVESTMENT LLP & MEGAS CONSTANTINE S UDI PROPERTY _81 : f o"ok NU Z A 1*1 Planning &C^mmmwmity Development Case Type:Planning and Zoning Case Status: PAY FEES Case SUb Type: Specific Use Permit Tag Name: Transmission Tower for KFDM-TV Individuals listed oo the record: Applican DmvidBocbenoh Home Phone: 107O0Beaver Dam Road Work Phone: Hunt Valley, MD21O30 Cell Phone: 2iU347789G E'MuU:dbochenek@abgh/.nom PropetlV Owner Constantine Maoau Home Phone: 1507 South Highway GA Work Phone: Nederland, TX77027-78O7 Cell Phone: Case Type: Planning and Zoning Page 1of 2 Legal Description Walden Road known oaIH.LmnghmmN858.N6'of31/2OfBlk 3 TB3'F1.7800AC Number ofAcres 1.78 Proposed Use Communication tower That the specific use will be KPUM isproposing toconstruct u1bO-fuo self-supporting compatible with and not injurious bu transmission tower. The structure will bmsecured behind fencing. It the use and enjoyment of other will besimilar |nappearance k»onexisting cell phone tower across property, nor significantly diminish nr thaotma impair property values within the immediate vicinity That the establishment ofthe specific The transmission tower will buentirely contained within the property use will not impede the normal and under contract and will nuway impede orrestrict development orderly development and improvement adjacent land. ofsurrounding vacant property; That adequate utilities, access roads, The tower ispart ufthree-acre development that will include new drainage and other necessary utilities and paved access. Please refer tothe preliminary site plan. supporting facilities have been orwill be provided The design, location and arrangement The tower footprint imincorporated aapart ofanoverall site plan that ofall driveways and parking spaces will include anew driveway and parking spaces thoughtfully arranged provides for the safe and convenient |nocongruous pattern. Please refer hthe preliminary site plan. movement cfvehicular and pedestrian tmOlo That adequate nuisance prevention The proposed tower will not produce orresult inodor, fumes, dust, measures have been orwill butaken noise and vibration, toprevent orcontrol offensive odor, fumes, dust, noise and vibration That directional lighting will he The height nfthe tower will not require aviation obstruction lights. provided soasnot todisturb or The property will bailluminated consistent with surrounding adversely affect neighboring commercial properties. properties That there are sufficient landscaping The developed property will include attractive landscaping congruous and screening toinsure harmony and with neighboring businesses. See proposed site plan. Asimilar cell compatibility with adjacent property phone tower exists across the street. That the proposed use isin The o|h/ocomprehensive plan for the area ioOffice Park Distribution. accordance with the Comprehensive The television station ioinaccord with the Comprehensive Plan. Plan Case Type: Planning and Zoning Page zofo uvpuo|gmEnvelope ID: 7pVueum+Fppu-4oeo*5no'+2ozsC2aoseo r"14 I 1 11 I'll, do, A. it IR BROADCAST G R O L.I P July 2120Q1 VIA ONLINE UPLOAD City ufBeaumont Department nfPlanning &Zoning 8O1Main St. Beaumont, TX 77701 10706 Beaver Dam Road Hunt Valley, K40z1000 David Bochenek SVP, Chief Accounting Officer 8G Special Use Permit Application Walden Road known us7H.LonghomN158.96'ofS1/2OfBlk 37R3'F 1.78A06 AC identified as 56764 and 56765 on Exhibit A attached On k4ay8, 2021~ San Antonio Television, LLC entered into a contract to purchase property on Walden Road for the purpose of relocating its KFUM/K8lVte|evision station. The reason for the relocation is because the current station location at 2955 1-10 East is subject to eminent domain proceedings resulting from the TXD0T|-10expansion project, VVewill need toerect onew transmission tower tnsuccessfully broadcast from the new location onWalden Road. Accordingly, we are respectfully submitting the required Special Use Permit application for consideration so KFDM/KBTV can and continue to operate from this new location. Please feel free to contact David Ostmo, our Regional Engineer, with any questions, concerns or comments concerning this submission. David can bereached at or/21O\377-4734. Ver truly yours, Sxaned by: Ev c�U'0304A3 David Bochenek cc: Kristi LeFaivre, Associate General Counsel (via emaiU David 0s m4 Regional Manager, Engineering (via en`aU\ Bill Russell, Director, Real Estate (via email) Tom Waters, VP, Facilities and Property Management (via email) DocuSlgn Envelope ID: 7FB2E88A-FFF5-4DEO-853D-F2026C23B599 EXHIBIT A — LAND & IMPROVEMENTS T.H. Langham W158.96' of S1/2 Of Blk 3 TR3-F 1.7806 AC OVMJN§Olvk ,2021-238: Request for a Specific Use Permit to allow a Communication Tower in an LI ght Industrial) District. plicant: David Bochenek cation: 6300 block of Walden Road 0 100 200 300 400 1 1 1 1 1 1 Feet