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Home My WebLink AboutORD 22-038 ORDINANCE NO. 22-038 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 8475 LANDIS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Anne Hathaway, on behalf of SBA Network Services, L.L.C., has applied for a specific use permit to allow a cellular tower in an LI (Light Industrial) District for property located at 8475 Landis Drive, as described in Exhibit "A" and shown on Exhibit "13," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a cellular tower in an LI (Light Industrial) District for property located at 8475 Landis Drive, subject to the following conditions: • Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway; • Provide a copy of the recorded access easement and lease agreement; • Provide a six (0) foot tall wood or masonry fence to be constructed six (0) feet inside the north and west perimeter edges of the lease site with a solid gate; • Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a cellular tower is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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 a specific use permit to allow a cellular tower in an LI (Light Industrial) District for property located at 8475 Landis Drive, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to SBA Network Services, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway; • Provide a copy of the recorded access easement and lease agreement; • Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate; • Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements; Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances 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 ordinance 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 19th day of July, 2022. .i/H071.60-k, ° - Mayor Robin Mouton - ti U ) Z \\\%Nate LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.115 acre (5,000.00 square feet) tract of land situated in the Ashael Savery Survey, Abstract No. 46, being COMMENCING at a found concrete monument at the southeast corner of a called Lot 1, Block 6, Meadowbrook Addition Unit No., an Addition to the City of Beaumont, Jefferson County, Texas, according to the plat recorded in Volume 9, Page 63196, Plat Records, Jefferson County, Texas, described in deed to Castillo Fernando Sosa,recorded in Instrument No. 2016037222, Deed Records, Jefferson County, Texas, situated on the north right-of-way line of Landis Drive (various width public right-of-way) and the west right-of-way line of Eveningview Lane (60'public right-of-way); THENCE South 08A° 50' 16" East for a distance of 60.00 feet to a point for corner, situated on the south right-of-way line of Landis Drive (various width public right-of-way); THENCE North 81A° 50' 44" East, along said right-of-way, for a distance of 397.85 feet to a point for corner; THENCE North 81A° 09' 41" East, along said right-of-way, for a distance of 20.00 feet to a point for corner; THENCE South 08A° 50' 22" East, leaving said right-of-way, for a distance of 4.99 feet to a point for corner; THENCE North 81A° 09'41" East for a distance of 40.00 feet to a set 1/2" iron rod for the POINT OF BEGINNING; THENCE South 08A° 50' 22" East for a distance of 50.00 feet to a set PK Nail for corner; THENCE South 81A° 09' 38" West for a distance of 100.00 feet to a set PK Nail for corner; THENCE North 08A° 50' 22" West for a distance of 50.00 feet to a set 1/2" iron rod for corner; THENCE North 81A° 09' 38" East a distance of 100.00 feet to the POINT OF BEGINNING, and containing 0.115 acre (5,000.00 square feet) of land,more or less. I, Ronald D. Wimberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on November 11, 2021. EXHIBIT "A" PZ2022-202: A request for a Specific Use Permit to allow a cell tower in an LI(Light N Industrial) District. Applicant: Anne Hathaway Location: Southeast of 870 S. Major Drive 0 100 200 300 400 I i I I I I Feet . aR , aR s, �LRS1 iLeg end _, 202 ` NI 6 i, . 4. .R a S , , . r . , _ I ' ;- i i i bRGAN l!IV � kr , • / ft, :',..,N j,,I.. I. .:1 l ti �.:r 3i 3 7 4 r� Pdi� i iill ,k 1 rtimir ;/' I 0._ {GC MD Pr 4 , 111, ; 1 ; 1� totil'; c� f ; K. six 1 . i' ' H• m �R S i mx�. r. ' M �� t 'mita + 1 0 IS lit t } . I t I , . ..T = , 4 . i ;'1 ` , ND '`r "'� f +. __! k "` S _. 'fix r! • e r • "" 1—sir ty_G a ' �� Egi? r C.O � 11 --,-- --; - ,,,,,...."--"'....:'%}- ,t ,,, 1 / 1 I ',„te________. ' i - ,,......---. , 1.1.E F, ..s� ► -., s /gyp$II b P r _ t, �b st < 'al I t .q i�t a . ;`Tr ;''*{4y ._ .;> ,.1 l r , tl j • � , +}�.? 's+ Y `fS �Y ? f�tv�, IE A 't:'. T GCrMD, is � Rr � ,a, s Y �x ",� '�... ts's�st�sa13r,r-r S A tl "GC MDR �<n , - ` x ` 1, d ,F `�f 4. i',,,..-'‘, , ? ' #� +� Fe:; R'3 kid' k p5, m�X k' Y ['�.i 9 {C .�l 4 .• 1 * t. - „1...i.,,, ,. ... . 1 ... , -,..-, 1:, A , 4 _ >. • - EXHIBIT "B" 0 N F N il k §24A a ATlic 1 iil If ' RI 1 1 t ti ` g 1 1 $ li -_. \ r, 1 i 1 li _ -_1`---- - i 1 % 2 1 1 $q i - r b ,,s--1 s-- \ € i l 1 `l 1 r`---, 144 h ‘ \ 1 1 I,' `I 1 l ri d e \L_ 1 1 0 ii \ 1 Lw ` 1 1 b� \1,!A b .04 Ahnl 1 g 1 1 • 1 1 � 4 \1' 1 1 g .0-. lir 1 \ \\\ \ it§ , i g 'J11 '� ' 1 E \ ç/) oVtaRi1l kl 1 §iil % 15.3g i 1 1 oaf __ ___ [_____— i-- 1� oa E F ; xN`a o Er ., fV P. Z 7 1 AIl i I'll ii ;,`, ( , i w zic m g V�IN, '`-'§ D * 3i sT .f3 ir Pig E \--it " Pi 2 air ig t 1 y r i i {�a fffa°E'a'.. �::i�_= ,41� � �al IE�� O �� F EXHIBIT "C" J. .__ `'—..