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HomeMy WebLinkAbout1708-PDATE: April 19,2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager i I SUBJECT: Consider a request for a specific use permit to allow the construction of a 180' telecommunication tower. The Planning Manager recommends approval of this request. Cingular Wireless has made an application for a specific use permit to allow the construction of a 180' tall telecommunication tower at 345 E. Lucas Drive. Included in the 80' x 80, screened fence compound will be an I V 5" x 20' equipment shelter. The surface of the compound and the driveway will be crushed limestone. The site will be unmanned and will be monitored remotely from the company's switch office. The subject property is surrounded by Forest Lawn Cemetery. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 5 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain piece or parcel of land, lying and being situated in the County of Jefferson, State of Texas, and being located in the A. Williams Survey, and being a part of Lot No. Two (2), of the Subdivision of the Hopkins' 41.3 acres shown in the decree of partition in cause No. 5711, in the 58t" District Court in Jefferson County, Texas, and also a part of the tract of land deeded to J. Cotton by G. H. Collins, be deed dated May 3 1", 1926, recorded in Book 240, Page 464, et. seq., of the Deed Records of Jefferson County, Texas and also by deed dated July 1", LEGAL DESCRIPTION continued 1926, recorded in Vol. 269, Page 480, of the Deed Records of Jefferson County, Texas; and also a deed dated August 26, 1939, recorded in Volume 468, Page 163, et. seq. of the Deed of Records in Jefferson County, Texas; which property is more particularly described by metes and bounds as follows, to -wit: BEGINNING at the N. E. corner of the aforesaid J. Cotton Tract of land; Thence South 28 feet to gas pipe stake for the beginning and Northeast corner of the land herein described; Thence West 157 feet on South line of a street to gas pipe stake for Northwest comer of the land herein described; Thence South 138.73 feet on the East side of a street to gas pipe stake; Thence East 157 feet to gas pipe stake in East line of said J. Cotton tract of land; Thence North on said East line 138.73 feet to the place of beginning, containing one-half (V2) acre of land. Cingular wireless Site #725 "Beaumont Country Club" 345 E. Lucas Dr. — Beaumont, TX This development will incorporate the construction of a telecommunication tower site. The site will have 80'x80' screened fenced compound, where 180' tower will be located, and 1 V-5" x 20' equipment shelter will be placed. The surface of the compound and the driveway will be crushed limestone. The compound, and the tower will be built to accommodate additional carriers. The site will be unmanned, and will be monitored remotely from our switch office. Cingular Wireless Site No. 725 "Beaumont Country Club" 345 E. Lucas Drive Beaumont, TX Answers to the Eight Conditions for the Specific Use Permit As per Section 30-26.E of the Zoning Ordinance • 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. The area of this parcel is zoned for Agricultural / Residential district (A-R). However, the predominant use is for Cemetery (Forest Lawn Cemetery). The property value for this parcel of land and all adjacent properties should not be affected by this development. There exist other factors that might keep'the value of all adjacent properties low, such as the close proximity to the cemetery, and the property being in the flood zone. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. This development is a necessary utility in this general area, and should not affect the natural and orderly development and improvement of surrounding vacant property. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. Access road, electric, and telephone services are available at the site. No other utilities will be necessary for this development. Drainage patterns will be developed during the actual design of this site. The design, location andarrangentent of all driveways and parking spaces provides for safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development The driveway for this development will be designed per city standards. Also, this development will have no occupancy. Thus, no traffic generation from this development. One parking space will be provided for a technician to visit the site once a month. The building and the tower will be monitored remotely. • The adequate nuisanceprevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. An unmanned equipment shelter will be placed at this site that will not produce any odor, fumes, dust nor noise and vibration. A technician will visit the site on a monthly bases to insure cleanse of the site and the proper operation of the equipment. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. A 150 Amp. security light on photocell will be provided above the door of the shelter. The light will not disturb adjacent properties. • That there are sufficient landscaping and screening to insure harmony and compatibility with adjacentproperty. Cingular will install new trees and shrubs as required by City Ordinance, and will also install an eight -foot screen fence around the site area. • That the proposed use is in accordance with the comprehensive plait. Cingular wireless commitment to the quality of service, and its commitment to the health, safety and welfare of the public (E91 1) dictate the importance of the placement of certain towers at specific locations. This location is one of them. 4 FILE 1708-P: Request for a specific use permit to allow a cell tower in an A-R, (Agricultural - Residential) District. Location: 345 E. Lucas Drive Applicant: Cingular Wireless LAWN crAterrRy NORTH A SCALE V= 200' go H18ON "o ck, —ww" wt(u osodow.0-st— .0-A ir < r o.� 1 . . . . .. ........ ION 91 co ppix 91 zogi 0 -1-4 2L 01 A' Hinos e 2i 133HIS awed I'l EQ SCAM KM innovAcivE BEAUMONT COUNTRY CLUB enGinr=iE=tinG Dim--NiGn HOU-725 Ashford Cmatfroo 0 345 EAST LUCAS DRIVE 1880 S. Wiry Ashford, SuKa 0 425 Hovston. Tons 77077 BEAUMONT, TEXAS 77713 TW (832) 327-0701 Fax (832) 327-0706 109 R, 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 of the eight conditions necessary for approval. Comments on Condition) follow: 1. The subject property is surrounded by Forest Lawn Cemetery. The proposed use will be compatible with the surrounding land use. The property immediately to the west of the subject property is used by the cemetery as a storage area for heavy equipment. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Charles Miller with Cingular Wireless PROPERTY OWNER: Joan Cudd LOCATION: 345 E. Lucas Drive EXISTING ZONING: A-R (Agricultural Residential) District PROPERTY SIZE: 0.5 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "A" - Special flood hazard areas inundated by I 00-year flood SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Ceractery A-R (Agricultural Residential) District EAST: Cemetery A-R SOUTH: Cemetery A-R WEST: Cemetery A-R COMPREHENSIVE PLAN: Open Space OTHER PHYSICAL FEATURES: None STREETS: The subject property is served by a private paved cemetery road. DRAINAGE Open ditch WATER: N/A GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: N/A FIRE PROTECTION: Fire protection is provided by Station #2, Wilson at Ironton. ADEQUACY OF SERVICE: Services are adequate.