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Home My WebLink AboutORD 22-013 ORDINANCE NO. 22-013 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A CELLULAR TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5580 COLE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on February 25, 2020, City Council approved Ordinance 20-007 issuing a specific use permit to Lou Katzerman, on behalf of-WTI, L_L.C., D.B_A_ Tower Ventures to allow a cellular tower in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at the rear of 5580 Cole Street, subject to the following conditions: • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of perimeter of the tower site and shrubs save and except for the gated area; and, WHEREAS, the cellular tower was not constructed due to delays caused by the Covid-19 pandemic; and, WHEREAS, Lou Katzerman, on behalf of WTI, L_L_C_, D.B.A. Tower Ventures, wishes to amend the specific use permit to allow for the construction of a cellular tower in a GC-MD (General Commercial-Multiple Family Dwelling) District on property located at 5580 Cole Street, Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown in Exhibit "13," attached hereto and made a part hereof for all purposes; and, a WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval to amend the specific use permit by extending the deadline to February 15, 2023 to allow the construction of a cellular tower in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5580 Cole Street, subject to the following conditions: • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of perimeter of the tower site and shrubs save and except for the gated area; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 20-007 be amended by amending the specific use permit granted to Lou Katzerman, on behalf of TVTI, L.L.C., D.B.A. Tower Ventures, its legal representatives, successors, and assigns for that certain tract described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, by extending the deadline to February 15, 2023 to allow the construction of a cellular tower in a GC-MD (General Commercial-Multiple Dwelling) District on property located at 5580 Cole Street, subject to the following conditions: • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of perimeter of the tower site and shrubs save and except for the gated area. Section 2. Notwithstanding the site plan attached hereto as Exhibit "C," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 20-007 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of February, 2022. _.5'...�vy l hin of__?/V-4.0 Nei C?jj,_(,Lt_:a.i i0 or 113 SIOP te -41tell_ II*: - Mayor Robin Mouton - tr. r:z i � cc9 iI y 4 '''3(, `J•1Nr ti w LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TOWER LEASE BEING a 0.057 acre (2,500.03 square feet)tract of land situated in the Thomas Spear Survey, Abstract No. 50, being out of a called Tract I and Tract II, described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed Records, Jefferson County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast corner of Tract II, situated on the northwest line of Rosedale Drive (60.5' public right-of-way); THENCE South 67° 23' 55" West for a distance of 25.01 feet to a set 1/2" iron rod for the POINT OF BEGINNING; THENCE North 89° 01' 13" East passing the common boundary line of Tract I and Tract II at a distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner; THENCE South 00° 58' 47" East for a distance of 50.00 feet to a point for corner; THENCE South 89° 01' 13" West passing the common boundary line of Tract I and Tract II at a distance of 6.30 feet, and continuing for a total distance of 50.00 feet to a point for corner; THENCE North 00° 58' 47" West a distance of 50.00 feet to the POINT OF BEGINNING, and containing 0.057 acre (2,500.03 square feet) of land, more or less. ACCESS AND UTILITY EASEMENT BEING a 0.032 acre (1,399.32 square feet)tract of land situated in the Thomas Spear Survey, Abstract No. 50, being out of a called Tract I and Tract II, described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed Records, Jefferson County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast corner of Tract II, situated on the northwest line of Rosedale Drive (60.5'public right-of-way); THENCE South 67° 23' 55" West for a distance of 25.01 feet to a set 1/2" iron rod for corner, being the northwest corner of the described Tower Lease; THENCE North 89° 01' 13" East passing the common boundary line of Tract I and Tract II at a distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner, being the northeast corner of the described Tower Lease; THENCE South 00° 58' 47" East along the east line of said Tower Lease for a distance of 15.00 feet to a point for the POINT OF BEGINNING; THENCE North 89° 01' 14" East leaving the east line of said Tower Lease for a distance of 25.86 feet to a point for corner; EXHIBIT "A" THENCE North 44° 01' 42" East for a distance of 8.69 feet to a point for corner; THENCE North 00° 58' 18" West to said right-of-way for a distance of 18.85 feet to a point for corner; THENCE North 89° 01' 42" East along said right-of-way for a distance of 20.00 feet to a point for corner; THENCE South 00° 58' 18" East leaving said right-of-way for a distance of 27.14 feet to a point for corner; THENCE South 44° 01' 42" West for a distance of 25.25 feet to a point for corner; THENCE South 89° 01' 14" West to the east line of said Tower Lease for a distance of 34.14 feet to a point for corner; THENCE North 00° 58' 46" West along the east line of said Tower Lease a distance of 20.00 feet to the POINT OF BEGINNING, and containing 0.032 acre (1,399.32 square feet) of land, more or less. Al ' 2409-P: Request for a Specific Use Permit to allow to allow a cell tower in a GC- D N M (General Commercial-Multiple Family Dwelling)District. Applicant: TVTI L.L.C.,D.B.A. Tower Ventures do Lou Katzerman Location: 5580 Cole Street 0 100 200 .A, J I I !Feet ,,,,....,E---—_-L---/_A-_,-.,-i-_7f-.,- AP e P , ti y•, .Six -.•'-"----- k ; `A. _ � Legend ;4V1jY105 f ,�®o`tt. 2409 ram } .. i { ----- _ aG I `M16- 1( `lt, f'''"1F.r�--s '7,4'' t.-af�. • 1 i I ' 1 I- .2. i 7 L 1 Il •, . r - ',''f-_,..!,t - • i "\ ter` ° t� 7f, 1 ,`-•-1_....iirt :,, ' 47-'''''---, I . ..,. T •�!1�t , ;i ! r� -.43. ---,,--r••• , , ''-. k,.,'I ''"••-1._\•-.i• .,„, - -'' Via i _ _ �' �I ': +'anti i t �j ' �'4'' ` f II 41, 2-f 'eq., Q 1 `;' X -4 ` , :L f14�:- ^thy - I� •• 1 /...-,.;,,,,,,,,, .-LY tif`7."- L" Iii -I `ice.,'t 4 _ ;.1 .j .I .,.,. ' �" '; w7F. idttl, ! �' ' �.�' i,, iM3L "_`--3i_ _ rf4. 7 M. 6 �_T I r } �TJIt IJ i , J .n" i�t ifJ k__ '1 p � -�„-., _ ,Jy i 4li. 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