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HomeMy WebLinkAbout730BADATE: December 6, 2018 TO: Board of Adjustment FROM: Adina Josey, Senior Planner SUBJECT: To consider a request for a Variance to the minimum required setback from Residential zoning for a cell tower, from 200' to 0'. FILE: 730 -BA Eco -Site II, L.L.C., is requesting a variance to Section 28.04.008 Special Conditions, of the Zoning Ordinance which states, "Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary. " Jamie Miller, agent for Eco -Site II, states that the only available location, to serve the needed area, is at 5250 Helbig Rd. This property was rezoned to GC -MD -2 (General Commercial - Multiple Family Dwelling - 2), as part of a rezoning study earlier this year. Last month the property received a Specific Use Permit for a cell tower, contingent on a variance to the 200', RS (Residential - Single Family Dwelling) zoning setback requirement. There is a church currently located on the property. The applicant was asked to situate the tower on the property so as to accommodate the 200' setback. The church hopes to grow and expand in the future, and was unwilling to locate the tower closer to existing buildings. The proposed location for the tower is 0' from RS zoned property. The applicant states that this location was chosen so the tower would blend with the neighboring electrical substation, and that this new 100' tall monopole tower would be located approximately 25' from the nearest residence. In addition, the applicant would like to place the equipment cabinets for the tower 2' from the northernmost side property line. The minimum required side yard in GC -MD -2 is 20'. Relocating these cabinets in the plans submitted would require a change in the footprint of the cell tower lease site and legal description, and therefore an amendment to the Specific Use Permit. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION ACCESS AND UTILITY EASEMENT (A.U.E.) DESCRIPTION (AS SURVEYED): METES and BOUNDS of a 0.21 -acre (9,132 square feet) tract of land, out of a called Tract 85-B and Lots 13 and 12, Block 3, Weber King Addition, recorded under Volume 4, Page 20 Map Records of Jefferson County, Texas (M.R. J.C.T.), conveyed to New Faith Holiness Church, Inc., by deed recorded under Clerk's File No. (C.F.) 2017018742 in the Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), located in the F. BIGNER SURVEY, Abstract 1, Jefferson County, Texas, and said 0.21 -acre tract of land is described as follows: COMMENCING at a 5/8 -inch iron rod, found in the northeast right-of-way (R.O.W.0) line of Helbig Road (40 foot public Right -of -Way), for the south corner of said New Faith Holiness Church, Inc. tract and the west corner of that certain called 10.212 acres described in Deed to Plymouth Village, recorded under C.F. 846759 O.P.R. J.C.T.; THENCE North 35°34'19" West, along and with the northeast R.O.W. line of said Helbig Road, a distance of 113.79 feet to a point for the south corner of an Access and Utility Easement (A.U.E.) and the POINT OF BEGINNING; THENCE North 35°34'19" West, continuing along said northeast R.O.W. line, a distance of 20.09 feet to a point for corner, marking the west corner of the herein described tract; THENCE North 59°57'49" East, a distance of 66.50 feet to an angle point of the herein described tract; THENCE North 32°58'15" East, a distance of 29.54 feet to an angle point of the herein described tract; THENCE North 17'10'54" East, a distance of 20.52 feet to an angle point of the herein described tract; THENCE North 32°58'15" East, a distance of 328.88 feet to a point for corner in the south line of a Lease Site, marking the northwest corner of the herein described tract; THENCE North 86°43'41" East, along said south line, a distance of 24.80 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the southeast corner of said Lease Site, also being the northeast corner of the herein described tract; THENCE South 32°58'15" West, a distance of 340.77 feet to an angle point of the herein described tract; THENCE South 17°10'54" West, a distance of 20.52 feet to an angle point of the herein described tract; THENCE South 32°58'15" West, a distance of 37.11 feet to an angle point of the herein described tract; THENCE South 59°57'49" West, a distance of 69.37 feet to the POINT OF BEGINNING and containing a computed 0.21 acres (9,132 square feet) of land. LEASE SITE (L.S.) DESCRIPTION (AS SURVEYED): METES and BOUNDS of a 0.06 -acre (2,500 square feet) tract of land, out of a called Tract 85-B and Lots 13 and 12, Block 3, Weber King Addition, recorded under Volume 4, Page 20 Map Records of Jefferson County, Texas (M.R. J.C.T.), conveyed to New Faith Holiness Church, Inc., by deed recorded under Clerk's File No. (C.F.) 2017018742 in the Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), located in the F. BIGNER SURVEY, Abstract 1, Jefferson County, Texas, and said 0.06 -acre tract of land is described as follows: COMMENCING at a 5/8 -inch iron rod, found in the northeast right-of-way (R.O.W.) line of Helbig Road (40 foot public Right -of -Way), for the south corner of said New Faith Holiness Church, Inc. Tract and the west corner of that certain called 10.212 acres described in Deed to Plymouth Village, recorded under C.F. 846759 O.P.R. J.C.T.; THENCE North 35°34'19" West, along and with the northeast R.O.W. line of said Helbig Road, a distance of 113.79 feet to a point for the south corner of an Access and Utility Easement (A.U.E.); THENCE North 35°34'19" West, continuing along said northeast R.O.W. line, a distance of 20.09 feet to a point for corner, marking the west corner of said Access and Utility Easement; THENCE North 59°57'49" East, a distance of 66.50 feet to an angle point of said Access and Utility Easement; THENCE North 32°58'15" East, a distance of 29.54 feet to an angle point of said Access and Utility Easement; THENCE North 17°10'54" East, a distance of 20.52 feet to an angle point of said Access and Utility Easement; THENCE North 32°58'15" East, a distance of 328.88 feet to a point for corner, marking the northwest corner of said Access and Utility Easement, also being a point in the south line of a Lease Site and the POINT OF BEGINNING; THENCE South 86°43'41" West, a distance of 6.88 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the southwest corner of the herein described tract; THENCE North 03°16'19" West, a distance of 50.00 feet a set 5/8 inch iron rod with cap stamped "Landpoint 10194172" in the south line of Lot 15 of said Weber King Addition, marking the northwest corner of the herein described tract; THENCE North 86°43'41" East, along the south line of said Lot 15 and 14 of said Weber King Addition, a distance of 68.33 feet to a set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the northeast corner of the herein described tract; THENCE South 32°58'15" West, a distance of 61.99 feet set 5/8 inch iron rod with cap stamped "Landpoint 10194172", marking the northeast corner of said Access and Utility Easement, also being the southeast corner of the herein described tract; THENCE South 86°43'41" West, a distance of 24.80 feet to the POINT OF BEGINNING and containing a computed 0.06 acres (2,500 square feet) of land. GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Eco -Site II, LLC PROPERTY OWNER: New Faith Holiness Church, Inc. LOCATION: 5250 Helbig Road EXISTING ZONING: GCMD-2 (General Commercial Multi- Family Dwelling -2) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: —0.21 acres Church X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RS (Residential - Single Family Dwelling) GCMD-2 (General Commercial Multi- Family Dwelling -2) RS RS Stable Area Helbig Road -Major Collector with a 10' right-of-way and 21' pavement width. Open ditch 12" water line 8" Sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200' AMERADA HESS CORP BASS WILLIAM ET UX BENNETT RONALD BOWMAN LETHA MAE CASH DOUGLAS & CHERYL CORMIER JASON LEE EDMONSON TAMMY LYNN ENTERGY TEXAS INC GARCIA MARIA Y GREEN ERNEST L JOHNSON ED A & AGGIE MAE NEW FAITH HOLINESS CHURCH INC PLYMOUTH VILLAGE TRUSTS SEGURA BRENDA STANLEY EDNA STANLEY JAMES WASHINGTON LOUIS ESTATE WINGATE CHRISTANA BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28.02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal OVariance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME AND ADDREss:ECO-Site It, LLC 240 Leigh Farm Rd. #230 Durham, NC 27707 APPLICANT'S pilom NUMBER -713-409-4047 FAX #: NAME OF OVINER.New Faith Holiness Church, Inc. ADDRESS OF OWNER:9285 Riggs St., Beaumont, TX 77707 Cn LOCAnONOFPROPERTY:0450 Helbig Rd., Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: "royd0el 12 & 13 9 ADDITION Bigner Weber lifflirp, 00MM�M - - - OR TRACT- 85-B PLAT D21 401alfMIA 9M For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. sumn A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $250.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE FOR PROSECUTION OF THE W071 ONE (1) YEAR FROM THE DATE APPLICANT'S SIGNATURE: % I UNDERSTAND THAT ALL PERMITS NECESSARY JNED AND CONSTRUCTION COMPLETED WITHIN THE BOARD OR IT SHALL BE CONSIDERED VOID. Eco -Site 11, LLCDATE: J U Ly 17, 2018 PLEASE NOTE: THE APPLICINT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. "0 6A MILE NUMBER: + DATE RECEIVED: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 VARIANCE APPLICATION FORM BEAUMONT, TEXAS The Board of Adjustment has the power to grant variances where the following listed conditions have been met. Indicate how your application meets each of these conditions in the space following each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest. The granting of the first requested variance for a wireless communication site less than 200' from the nearest residential property line would actually be in the public interest as the proposed cellular phone transmission site is designed and intended to resolve a significant gap in T -Mobile's wireless service. The granting of the second requested variance is to locate the wireless communication site within the 20' side setback and build or place equipment within that side setback. If granted, this will not be contrary to any public interest. As the majority of E-011 calls are now made on wireless devices, having increased and improved high speed voice and data capabilities as well as enhanced E-911 service in this neighborhood is in the public interest. CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. In an effort to stay within the intent of the City of Beaumont Tower ordinance, Eco -Site II, LLC has situated the proposed lease area as close as possible to the Electric sub -station to best 'blend' with the surrounding topography and as far off of the Helbig Rd right of way as possible. Eco -Site II, LLC proposes a monopole style tower rather than a multi -legged style tower which has been more commonly used in Beaumont. As the proposed wireless communications site dimensions are approximately 50'x 50', this would place the centerline of the proposed tower to the nearest residence is 25'+/- and the proposed equipment could not be safely placed outside the 20' side setback requirements, therefore decreasing the amount of additional tenants in the compound. As will be presented to the Board of Adjustment, the site is the only site available in order to resolve T -Mobile's significant gap in its wireless service. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.. By granting both Variances, the proposed Tower will resolve a significant gap in T -Mobile's wireless service, including enhanced E-911 service and by minimizing the style of the tower the intent and spirt of the ordinance will be met and substantial justice offered to the community as well as to the applicant. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: A ent for Eco -Site II LLC Date: Dec 3 2018 Phone # 713-409-4047 FAX # 1 EBngI Consulti 21 B Street Burlington, MA 01803 Tel: (781) 273-2500 environmental I engineering ( due diligence www.ebiconsulting.com November 28, 2018 Planning Department City of Beaumont 801 Main Street Beaumont, Texas 77701 EBI Consulting, acting as agent for Eco -Site II, LLC 240 Leigh Farm Rd. #230 Durham, NC 27707 hereby requests two Variances for a proposed 100' cell tower and its compound located at 5250 Helbig Rd., Beaumont, TX. The first request is a Variance for a wireless communications site that is less than 200' from the nearest residential property line. The second request is for a Variance is to locate the wireless communications site on the property within the 20' side setback set in place by the zoning regulations. The granting of these requested Variances would actually be in the public interest as the proposed wireless communications site is designed to resolve a significant gap in T -Mobile's wireless service. As the majority of E-911 calls are now made on wireless devices, having increased and improved highspeed voice and data capabilities as well as enhanced E7911 service in this neighborhood is in the public interest. Thank you, Jamie R. Miller Site Acquisition Specialist EBI Consulting, Inc Agent for Eco -Site II, LLC ENVIROBUSINESS, INC. LOCATIONS I ATLANTA, GA I BALTIMORE, MD I BURLINGTON, MA I CHICAGO, IL DALLAS, TX I DENVER, CO I HOUSTON, TX I LONG BEACH, CA I NEW YORK, NY I PHOENIX, AZ PORTLAND, OR I RICHMOND, VA I SEATTLE, WA I YORK, PA el ttUm �zr wqOw w- p Zx� Ht7'� O WZ� ❑pZ iEHRESMANN I , ENGINEERING INC. Steven Quaresima Eco -Site 240 Leigh Farm Rd., Suite 415 Durham, NC 27707 4400 West 31St St —Yankton, SID 57078 Phone: (605) 665-7532 Fax: (605) 665-9780 http://www.ehresmannengineering.com E -Mail: j.schrempp@ehresmannengineering.com Subject: 100' Ehresmann Engineering, Inc. Monopole Site: TX -0212 Eastex Location: Beaumont, TX (Jefferson County) EEI JO:' -102760-18 As requested, we have designed and can furnish a 100' Ehresmann Engineering, Inc. monopole to be located in Beaumont, TX (Jefferson County). The site will be called TX -0212 Eastex. Address: 3400 McHale St. Beaumont, TX 77708 Coordinates: 30-07-38.00 N 94-08-19.59 W The monopole will be designed as follows: - In accordance with the Telecommunications Industry Association TIA-222-G Standard - 111 mph wind with no ice (Vasil) - Vult = 144 mph wind - 30 mph wind with 1/2" ice (Vasd) - 60 mph wind with no ice (service) - Structure Class 11 - Exposure Category C I Topographic Category I Design loading will be included as outlined on drawing 102760E0I. This tower design standard takes into account several safety factors including load factors and steel strength capacities, resulting in an overall minimum safety factor of 25%. Therefore, it is highly unlikely that the pole will fail structurally in a wind event where the design wind speed is exceeded within the range of built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors to the point of failure of one or more structural elements, the most likely location of failure would be within one of the pole shaft sections. For the TX -0212 Eastex pole this would most likely be in the section from 69.5' to 100' which is the highest stressed area of the pole. This would result in a buckling mode, were the steel shaft bends beyond its elastic limit (the point where the shaft does not return to its normal shape when the wind load is removed). During this local buckling, a relatively small portion of the pole shaft distorts and merely kinks the steel causing the pole to buckle at the location of the highest combined stress ratio in the pole and "folds over" onto the portion below. This would most likely result in a fold over radius of 25' from the base of the pole. Please note, all opinions outlined in this letter are valid only if an Ehresmann Engineering, Inc. monopole is furnished and installed. If you have any questions, please feel free to contact us. Regards, Jared Schrempp, P.E. K No Text