Loading...
HomeMy WebLinkAbout1547-PDATE: February 19, 2001 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Plarming Manager SUBJECT: Request for a specific use permit to allow the construction of a 190 foot tall cellular telecommunications tower in an RS (Residential Single Family Dwelling) District located at the northeast comer of E. Irby and Highland Avenue. FILE: 1547-P STAFF REPORT The Planning Manager recommends denial of this specific use permit request. The Comprehensive Plan designates this area as Conservation and Revitalization and this is defined as an area where action is needed to prevent or reverse deterioration. While little residential development has occurred in this area for some years, the proposed placement of the tower could impede such future development and have a negative effect on existing housing. The application is in compliance with five of the eight conditions necessary for approval according to staff s understanding of Section 30-26 E. of the Zoning Ordinance. If approved, landscape and screening regulations of Section 30-31 apply to the north and east property lines. The applicant for this cell tower is the American Tower Corporation, represented by Mr. Greg Josefsberg, This is an AT & T fixed wireless service project. The applicant has proposed two options for siting of the tower on the two lots. The tract measures 150'x 100', but the actual project area for either proposal is enclosed within a 75' x 75' leased area. The 190' structure is a self-supporting lattice tower with four antennas and a 10' x 12' equipment shelter. The site will be enclosed with a 6' high chainlink fence topped with barbed wire. The gate will be kept locked at all times. The site will be unmanned and will be visited once a month for routine maintenance. The site will comply with all FCC and FAA guidelines and regulations and will be subject to City building codes and land use regulations. AT & T's project will enable residential and business customers to receive high-speed internet and wireless phone services in their homes and businesses. It will not interfere with radio and television reception. STAFF REPORT continued For more information, see the applicant's six page letter addressed to the Planning Commission and City Council. Other exhibits are also attached to this report, including site plans for Option #1 (rear of property) and Option #2 (front of property). The land is owned by Trinity Church located at 4230 Highland Avenue. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 22 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lots 4 and 5, Block 1, South Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.344 acres, more or less. L A'j 14 W� W C 0 R P 0 R A T 1 0 N Houston, Texas 77036 Phone: (713) 860-1914 Fax: (713) 860-1940 January 25, 2001 Planning Commission and City Council Thru: Mr. Murray Duren, Senior Planner 801 Main Street P.O. Box 3827 Beaumont, Texas 77704 STATEMENT OF INTENT 9 In accordance with § 30-26 of the Code of Ordinances, City of Beaumont, Texas, American Tower, L.P. (American Tower) respectfully submits this letter in support of its application for a Special Use Permit to construct, maintain, and manage a telecommunication (cellular) tower on behalf of AT&T Fixed Wireless Service (AT&T). Description of Pyrent Ti-act The parent tract of land is located at the northeast comer of the Highland Avenue and East Irby intersection, The property is owned by Trinity Church, formerly known as Believers Outreach Christian Church. The church officially changed their name using State of Texas procedures in the spring of 1988. American Tower has leased an area of 75' x 75' within the parent tract, We have submitted two site plan options (Site Plan Options I & 2), These two options give the Commission the opportunity to determine which of the two site plans would be better for the community with regard to location of the lease area within the parent tract. The legal description of the parent tract is as follows: 0.2865 acre (12,480 square feet) lease tract All of the remainder of lots 4 and 5 block I South Park Addition, Vol 2, page 66 JCMR Believers Outreach Christian Church J.W. Bullock League, Abstract 7 City of Beaumont Jefferson County, Texas Being 0.2865 acre (12,480 square feet) of land out of Lots 4 and 5, Block I of South Park Addition, a Subdivision in the J.W. Bullock League, City of Beaumont, Jefferson County, Texas recorded in Volume 2, Page 22 of the Map Records of Jefferson County, Texas; said Lots 4 and 5 conveyed to Believers Outreach Christian Church by deed recorded under County Clerk's File Number 8432710 of the Deed Records of Jefferson County, Texas; said 0,2865 acre tract being more particularly described by metes and bounds, with bearings referenced to the north line of Lot 4, as follows: Commencing at a 5/8 inch iron rod in the east right of way line of Highland Avenue (60 feet wide) marking the northwest corner of Lot 4 and of a called 0.012 acre tract conveyed by Believers Outreach Christian Church to the City of Beaumont by deed recorded under CCF 8437795 DRJCT; Thence South 89' 19'25" East a distance of 5.20 feet to a point for the northwest comer of the herein described tract also called the point of beginning; Thence South 89'19'25" East a distance of 124.80 feet, to a found I inch iron rod in the west line of a 12 feet wide alley; Thence South 00'40'35" West, along said west line of said alley, a distance of 100.00 feet to a found 1/4 inch iron rod in the north ROW line of Irby Street (50 feet wide); Thence North 89'19'25" West, along said north ROW line a distance of 124.80 feet to a point, being the southeast corner of a said 0.012 acre tract, for comer; Thence North 00'40'3 5" East a distance of 100.00 feet to the point of beginning and containing a computed 0,2865 acre (12,480 square feet) of land Site Activity We have entered into a lease agreement with Trinity Church for a 75' x 75' lease area to be contained within the parent tract. As stated above, the Commission will determine the precise location of the lease area. Regardless of where the Commission decides to place the lease area, the lease area will be fenced at our expense. The fenced area will contain one tower and the necessary transmitting/receiving equipment. The fenced area will be locked and will be accessed by a driveway on East Irby, Traffic to and from the site will be minimal because the site will be unmanned and will be visited approximately once a month for routine maintenance. Other than air conditioning, the site will not emit any noise, glare, or odor. Plus, the site will comply will all of the strict FCC and FAA guidelines which are designed for public safety, rl� According to federal law, any structure of this type must have lighting if the tower is 200' or higher. Therefore, our tower will only be 190' because compliance with the federal law would not be beneficial to Beaumont and would be costly to us. The tower will be a self-supporting tower structure. This type of tower is in contrast to the guy wire towers that are seen near some highways, Rather, a self-supporting tower does not have wires that keep the tower supported, Instead, the self-supporting tower is one structure that has three legs on the bottom from which the tower receives the support. The tower will be constructed for two purposes. First, AT&T will use the tower for their Fixed Wireless Service project. Second, other wireless services (including cellular, PCS, emergency communications, pagers, etc) who wish to collocate antenna arrays on the tower will use the tower. A T&Y'Fixed Wireless Set -vice Project The City of Beaumont has been selected to be one of the first communities in the United States to receive AT&T's Fixed Wireless Service. AT&T's project will enable residential and business customers to receive high-speed internet and wireless phone services in their homes and businesses. This is a cost-effective way to "bundle" the two services to residential and business customers. Collocation The term collocate is defined as the action of placing antenna arrays on an existing structure. American Tower became the leader in the tower industry by building towers that encourage collocation. Furthermore, we are the nation's leading independent tower owner with over 10,000 structures around the United States. While marketing our towers to various carriers, we have established relationships with virtually every wireless provider in the country. These relationships allow us to benefit communities by allowing wireless providers to collocate on our facilities. Our collocation opportunities will benefit Beaumont in two ways. First, Beaumont will receive better cellular and PCS services because Beaumont will have a decreased number of 'dropped' or 'incoherent' calls. Second, Beaumont will have a smaller number of towers as a result of having a collocation tower. These two benefits are a result of basic economics. That is, the cellular and PCS carriers would rather collocate because the financial cost of collocation is much less than the costs associated with building new towers. Plus, many carriers seek collocation opportunities because many local governments encourage collocation through various forms of land use laws. 3 Site Selection AT&T and American Tower are acutely aware of citizen concerns regarding antenna devices and are committed to minimizing the visual impact of transmission structures in local communities. Therefore, we have selected this particular site and tower design because combining these factors would enable AT&T to provide Fixed Wireless Service to Beaumont while minimizing the visual impact of towers within the Beaumont city limits, Following our staffs thorough investigation of the properties in the geographic area, we have concluded that there aren't any existing structures within a reasonable distance of the location that are feasible for collocation and would also meet AT&T's engineering requirements. American Tower carefully selected and designed the proposed facility to provide a structure that provides adequate height and range of coverage for AT&T, and meets the goals of Beaumont, Texas. Plus, we are confident that other carriers will collocate on this facility rather than build new towers within Beaumont city limits. Land Use ComEliance & Ap .plication Merits The facility is compatible with the adjacent properties and will not have adverse effects on these properties because the uses in the immediate vicinity are mixed with commercial uses and bungalow -style houses. A BBQ stand is immediately across Highland Avenue with Trinity Church cattycornered to the southwest from the site. The proposed facility is in harmony with the intent of Beaumont's zoning and other land use regulations and with the federal standards for wireless service facilities, This site will not interfere with the television and radio reception in the surrounding areas. in accordance with § 30-26 (e) of the Code of Ordinances, City of Beaumont, Texas, the following information is provided: (1) The proposed 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 because: (a) The uses in the immediate vicinity are both commercial in nature and bungalow -style houses, These uses include a BBQ stand immediately across Highland Avenue with Trinity Church cattycornered to the southwest from the site. The "mixed -use" nature of the vicinity may increase the property values nearby because of the revenue that Trinity Church will receive as a result of the proposed use. Plus, the increased Ell revenue may enable Trinity Church to better fulfill the needs of their members and the community. (b) This site will not interfere with the television and radio reception in the surrounding areas. (c) The proposed facility is in harmony with the intent of Beaumont's zoning and other land use regulations and with the federal standards for wireless service facilities. (2) The establishment of the proposed use will not impede the normal and orderly development and improvement of surrounding vacant property because the site will only be a small fraction of the parent tract and will still have enough space to fulfill the current use as an overflow parking lot for Trinity Church. (3) The adequate utilities, access roads, drainage and other necessary supporting facilities will be provided because the necessary supporting facilities are already on the site. (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 development because the access to the site will be from East Irby and there will be adequate space in the parent tract for the monthly maintenance personnel. (5) Adequate nuisance prevention measures regarding offensive odor, fumes, dust, noise vibration are not necessary because the site will not have any odor, fumes, dust, or noise vibration other than air conditioners that keep the ground equipment coot during the summer. (6) Lighting will not disturb or adversely affect neighboring properties because the use is not big enough to require lighting and therefore, will not be lighted at all. (7) There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property because the natural vegetation "hides" the use from the bungalow -style houses, there are existing fences around the adjacent properties, and our lease area will be fenced. (8) The proposed use is in accordance with the comprehensive plan because the site will be developed in a way that benefits Beaumont, Texas without interfering with neighboring properties. 5 SUHIM The proposed use within the parent tract is an ideal use because the tower will allow Beaumont, Texas to be one of the first cities in the United States to receive AT&T Fixed Wireless Service, the use promotes collocation which results in better communications and less towers within Beaumont city limits, the use still allows adequate overflow parking space for Trinity Church, and the use is in harmony with existing uses within the neighborhood. Therefore, American Tower respectfully requests approval of its application for a Special Use Permit. Thank you for your consideration. Sincerely, Gregory W.J se sberg Land Use Representative American Tower Corporation on 01 M '11,11 i T FILE 1547-p: Request for a specific use permit to allow a cellular tower in the RS NORTH (Residential Single Family Dwelling) district. 50 Location: N.E. corner of E. Irby & Highland Ave. Applicant: American Tower Corp. - Greg Josefsberg SCALE 10 11 111=200, Ms 50 50 3 fit 14 4 0 14 10 "3 0 0 3 M M ;z 4 7 0. 60 cc Wi 2 Ld =K z W 11 10 YN tw Mru AM 4t 1z: &AVA" pop 7 �A A r W E. LAVAcA sT, At, sr-. IRBY ST, W al a z M CASTON ST 91 111 lei F- C14 C D, CD m ot C- �i ;zi ct� ry ow LUW F— I-- < < (Y �If o O ( n n "- < 5 V) C, ui w < - 1z CN WZ— V) LJ x 07, < -CD CnT < 01-- n- § o EL 0 CN m w CN z ✓Z) 0 z V) b U M z � �� wii�ti �► t; �� ;1; ii o ui LL Ix I EL —A MR, lip 061 JG Nil C,� I CN 1711 NO . ... ..... . Ll 3nN3AV (INVIHDIH 3nN3AV L H. 1.9 f a. cr w I F- CN ICD4 CD co C3 Z z (n U CN v H IN jX - __-- TiKs Hat" ct X.s'l xxt ()3S(>d(Md f - --------- Gf 3nN3AV ONVIHOIH Pw IRV � z 3nN3AV QNVIHOIFp v i z CL w V) 0 61 LC w a (L I Nil -C gggp u ID ff 11HRilmlo I I I I I( III (D Z� (D m =3 :5 � liP! W �[cc���Qrr jy ..l 4Y Nz < IJ ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE 19 61 I. 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; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8. That the proposed use is in accordance with the Comprehensive Platt. Application Application is ill is not in Coolineits Compliance Compliance Attached x ANALYSIS continued This application for a cell tower in an RS District is in compliance with five of the eight conditions necessary for approval. Comments on items 1, 2, 4, 7 and 8 follow: I The original zoning for lots fronting on Highland in 1955 was C-1 (Neighborhood Commercial), and was converted to GC -MD (General Commercial -Multiple Family Dwelling) District by the 1981 Zoning Ordinance. After a 1982-1983 rezoning study, the subject lots were changed to RS. The 180' tall tower could possibly diminish residential property values within this immediate area. The tower is not compatible with the nearby single family homes. 2. The location of the tower at Highland and Irby may impede additional residential construction on vacant lots in the neighborhood. 4. The Traffic Manager requests that any unused driveways be closed and curbs replaced if any exist. 7. The applicants will construct a 6'ehainlink fence topped with barbed wire. The gate will be locked at all times. City landscape regulations require an 8' tall solid screening fence and a 10'wide landscaped and treed buffer along the north and east lines of the property used for the tower site. 8. "Conservation and Revitalization" areas are build up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. It is debatable whether or not a cell tower in this particular spot would act as a catalyst for neighborhood development. It is doubtful if the proposed tower would encourage residential construction. However, there has been little development of any kind in the immediate area or general area for some years. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: STATUS OF APPLICANT: I Kf�ieffy-" 10 American Tower Corporation Trinity Church Lessee Northeast comer of E. Irby Street and Highland Avenue GENERAL INFORMATION PUBLIC UTILITIES continued EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Residences, Alice Keith Park EAST: Residences SOUTH: Vacant lot WEST: Barbeque restaurant, church, office COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: P IMITAUP FIRE PROTECTION: RS (Residential Single Family Dwelling) District 100'x 150' "C" - (Minimal Hazard) Vacant lots SURROUNDING ZONING: RS RS RS NC (Neighborhood Commercial) Conservation and Revitalization None Highland Avenue - a secondary arterial with a 60'right-of-way and a 36'pavement. E.E. Irby - is a non -major street with a 50'wide right-of- way and an 18'wide asphalt pavement. There is a 24" storm sewer in Highland and open ditches in E. Irby. There are 8" water lines in Highland and E. Irby. There is a 12" sanitary sewer in Highland and a 6" in E. Irby. Fire protection is provided by Station #3, 805 Woodrow. Services are adequate.