Ordinance No. 13,765ORDINANCE NO. 13,765
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A VARIANCE TO THE SETBACK REQUIREMENTS OF CHAPTER 21
"CABLE AND TELECOMMUNICATION REGULATIONS," ARTICLE III
"TELECOMMUNICATION REGULATIONS," DIVISION 2 STANDARDS,"
SECTION 21-112 "TOWER LOCATION STANDARDS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; GRANTING AN EXCEPTION TO THE PLAT
REQUIREMENT OUTLINED IN CHAPTER 21 "CABLE AND
TELECOMMUNICATION REGULATIONS," ARTICLE III
"TELECOMMUNICATION REGULATIONS," DIVISION 2 "STANDARDS,"
SECTION 21-123 "APPLICATION" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; AND GRANTING A SPECIAL USE PERMIT TO VERTICAL BRIDGE
DEVELOPMENT, LLC, TO LOCATE A 100 -FOOT SELF-SUPPORTING
MONOPOLE TELECOMMUNICATIONS TOWER AT 3402 2/3 SHADY HILL
DRIVE, MORE PARTICULARLY DESCRIBED AS RESERVE "B,"
ROLLINGBROOK, SECTION 4, HARRIS COUNTY, TEXAS; AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That subject to the conditions of the Special Use Permit granted in Section 3
hereof being satisfied, the City Council of the City of Baytown, Texas, hereby grants the following
variance to the setback requirement contained in Chapter 21 "Cable and Telecommunication
Regulations," Article III "Telecommunication Regulations," Division 2 "Standards," Section 21-112
"Tower location standards," subsections (b) and (c) of the Code of Ordinances, Baytown, Texas;
Requireillent
Tower must be 375 feet
Variance Granted
Tower must be at least 250 feet
from any property which is within
from any property which is within
a SFE, SF1, SF2, MF1, MF2,
a SFE, SF1, SF2, MF1, MF2,
MF3, UN, NSC, LC, or ACE
MF3, UN, NSC, LC, or ACE
zoning district or is used for
zoning district or is used for
residential purposes.
residential purposes.
Fall zone (equal to the longest
dimension of the tower) to be located
Fall zone area is reduced to the 5,500
within property boundaries and avoid
square feet of the leased area
habitable structures, public streets,
property (50 x110 ).
utility lines and other antennas or
towers.
Section 2: That subject to the conditions of the Special Use Permit granted in Section 3
hereof being satisfied, the City Council of the City of Baytown, Texas, hereby grants the following
exception as permitted in Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21-123 "Application" subsection (b)
of the Code of Ordinances, Baytown, Texas:
The telecommunications facilities detailed in the special use permit requiring the special
use permit, including towers and related equipment buildings, need not be on a platted
lot.
Section 3: That the City Council of the City of Baytown, Texas, hereby grants a Special Use
Permit with the conditions stated therein to Vertical Bridge Development, LLC, to locate a 100 -foot self-
supporting monopole telecommunications tower at 3402 2/3 Shady Hill Drive, more
particularly described as Reserve "B," Rollingbrook, Section 4, Harris County, Texas. A copy of said
permit is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 4: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Mayor to execute and the City Clerk to attest to the Special Use Permit incorporated herein.
Section 5: Nothing herein shall be construed as to authorize any other variance or exception
from Chapter 21 "Cable and Telecommunication Regulations," Article III "Telecommunication
Regulations" of the Code of Ordinances, Baytown, Texas, or any other provision of such code.
Section 6: This ordinance shall take effect immediately from
City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of
Baytown this the 10th day of May, 2018.
AT:
LETICIA B YSCH, City Ctdk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City AY y
R:' Karen Files City CounciLOrdinances\2018Way 10`•SUNSadyHillDrive.doc
its passage by the
City Council of the City of
Mayor
Special Use Permit No. 2018-001
SPECIAL USE PERMIT
WHEREAS, an application together with the requisite site plan for a Zoning Special Use
Permit ("SUP"), which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, was completed by L. Dee Thornton, for and on behalf of the Vertical Bridge
Development, LLC (the "Applicant"), on a tract of land approximately 0. 13 acres of land being
part of and out of 10.61 acres, zoned General Commercial, located at the end of Shady Hill Drive
where it meets West Fork Goose Creek, legally described as Reserve "B", Rollingbrook, Section
4, Harris County, Texas, and submitted to the Director of Planning and Development Services
(the "Director") on a form prescribed by the Director; and
WHEREAS, the Director reviewed the application and prepared a staff report; and
WHEREAS, the Planning and Zoning Commission (the "Commission") conducted a
public hearing on the application; considered the application, the staff report, the relevant
supporting materials, and public testimony given at the public hearing; and recommended
approval to the City Council, subject to certain additional conditions; and
WHEREAS, the Commission prepared and delivered a report and recommendation to the
City Council to approve the proposed SUP subject to the certain conditions based upon the
criteria enumerated in Section 1.26 (e) of the Unified Land Development Code ("ULDC"); and
WHEREAS, after receiving the report of the Commission, the City Council conducted a
public hearing on the SUP application and considered the application, the staff report, the
relevant supporting materials, and public testimony given at the public hearing; and
WHEREAS, the City Council thereafter made the following findings based upon the
requested SUP and the conditions specified in Section 2 hereof:
(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 in any material way;
(2) That the establishment of the specific use will not impede the normal and
orderly development and improvement of surrounding property;
(3) That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided;
(4) That adequate nuisance prevention measures have been or will be taken to
prevent or control offensive odor, fumes, dust, noise and vibration;
(5) That there are sufficient landscaping, screening, setbacks and other land use
measures to ensure harmony and compatibility with adjacent property; and
(6) That the proposed use is in accordance with the comprehensive plan and
generally consistent with this Code;
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: The findings contained in the preamble hereof are declared to be true and
correct and are hereby adopted.
Special Use Permit, Page 1
Special Use Permit No. 2018-001
Section 2: A Special Use Permit is hereby issued for the proposed cell tower 100 feet
in height, on a tract of land located at 3402 2/3 Shady Hill Drive, being approximately 0.13 acres
of land being part of and out of 10.61 acres, zoned General Commercial, located at the end of
Shady Hill Drive where it meets West Fork Goose Creek, legally described as Reserve "B",
Rollingbrook, Section 4, Harris County, Texas, subject to the following conditions.
1. A 6 -foot opaque fence shall be constructed and maintained surrounding the buildable area
of the tower and any appurtenances associated with its construction;
2. A 6 -foot wide vegetative buffer shall be installed and maintained surrounding the
buildable area of the tower and any appurtenances associated with its construction
(installation comparable to streetscape as described in 18-1206);
3. The fall zone area is reduced to the 5,500 square feet of the leased property (50'x110');
and
4. The tower setback is a minimum of 250 feet from closest single-family zoning district or
property used for residential use.
Section 3: Nothing herein shall be construed as to authorize any use other than the
use expressly enumerated on the submitted application and attached site plan.
Section 4: This SUP shall take effect immediately from and after its passage by the
City Council of the City of Baytown and is subject to expiration an,47revocation requirements as
provided in the ULDC.
INTRODUCED, READ and PASSED by the
City of Baytown this the 101h day of May, 2018.
LETICIA BRYSCH, City
APPROVED AS TO FORM:
e-16NACIO RAMIREZ, A , City Attorney
Special Use Permit, Page 2
S
of the City Council of the
DONCARLOS,
EXHIBIT "A"
CITY OF BAYTOWN Pluming & DmdopmentSe ices
2401 Mtukd Strut
Baytown, TX 77520
Universal Development Application Phom281.420.5394
rlaswingotayrowmats
Incomplete applications will not be accepted_ Indicate "NIA' when an item does not pertain to your apflication.
"fl
o Zoning Map Amendment felecommunication Special Use o Replat o General Plan
o Zoning Variance a Landscape Variance o Small Subdivision* o Lot Line Adjustment/Consolidation
o;toning Special Exception o Subdivision Variance a Minor Plat* a Fire Lane Easement
.n Zoning Appeal o Preliminary Plat* o Amending Plat* a Text Amendment
o Zoning Special Use o Final Plat* o Plat Certification o Other
See appropriate checklist and fee schedule for minimum requirements for each application. *These applications use the same checklist.
Project/SubdivisionName:4 �r;u U5TI,5`IS y T�ecaw,.„�.;,��rti,d
Project Address/Location: hOa, -A A 7�a
Brief Description of Project: -re fit..+.., up..;c L ati,s Tto",%^ U' �p
Legal Description &Recording Info:2-CSer"C:5� NGt
of i:n r� .pec -stn. �1
ru (o✓ mwe Pro j 31b
Parcel(s) Tax ID#(s): IL S G vy
Property platted: Yes No_ Don't Know _
Type: Residentia Acres:144 . Commercial Acres:_, Total acres: lo.f.l Is property in ETJ? Yes _ No
Existing Zoning: CSC- , Number of existing lots: I Number of existing units: _Q-, Current Use: Uat.+ •t-+�.�+�
Proposed Zoning: Number of proposed lots: , Number of proposed units: , Proposed Use:
Utility provider for water supply:. _ _ _ _ _ Utility provider for sanitary sewer.
I would like to attend a meeting with the Development Review Committee (DRC): YesZNo._County: Chambers—Harris-L/
(Primary Contact will be notified)
Owner Name: K3 TCX ?,
Address:IIDAI Ke,4W-or
Phone:
Ka I �i, Se,0%1%a ,
Email:
City: P4va"Z State -_V- Zip: 7 70,-t4
F7
Applicant Name: -r&&t,. 11.0 Email: DALALI•V Mo rzkrnnnh
Address: 75'0 PaALg6 tin, _ &L, Ss,ADO City: 50" R -Aero State: , Zip: 22-�f8 �►
Phone: $ 36k - 7 X f- (030 Fax: N R
Contact Person (If different from applicant): NX} Email: A) A
Address: 1JT� City: /V State:A-0qZip: NA
Phone: Fax:
By signing this application, staff Is granted access to your property to perform activities related to your case. if the property owner is not
Signing, legally suFCAt signs autho ' verification (i.e. letter of authorization to apply) trust be provid at the sitar f appli tion.
Signature(s): Printed/typed Name(s): L�7 deG j! t J rte , Ti
01
Known to me to be the person(s) whose name(s) islam subscribed to the above and foregoing instrument, and acknowledged to me that they
expW the same fo !e purpo and c(woe;
in the capacity tht:roin stated. Given under my hand and seal of office on this
day of �/�7�``y1
ABETN ANN LEARY
('UBLIC•STATE OF TEXASID # 13055865.3M. EXP.02.26.2020 Notary Public
caw FOR VLPProject #:, o
Project Manager. Sub ittal Date: Accepted Sy: _ Total Fee(s): S
�erppiew by: - Date: Approved by: Approval Date: ____
City of Baytown
Planning and Development Sm ices
2401 Market Street
aaylown. TX 77520
Phone 281-120-5344
Fax 21420.5380
Planningn baytown org
A telecommunication facility appeal is permitted if a person desires to erect or use a telecommunication facility that does
not meet current zoning and land use regulations pursuant to Section 21-104 of the Code of Ordinances, Baytown, Texas.
Sqkmittal Re uirements:
Universal Development Application — complete with all required signatures.
o Digital Copy - PDF of proposal e-mailed to planningauba, own.org (due by close of business on submittal
date).
o Confirmation of Property Ownership — Deed, lease or most recent paid tax receipt for the subject property.
If the property is owned by an entity rather than and individual, provide signatory authorization.
o Copy of the County tax map which delineates the subject property of the appeal.
r
Agent Information If you are an agent and not the property owner, then you shall submit a notarized statement
from the owner naming you as agent for this application.
1� Provide description and narrative — Please provide documentation of the need for a telecommunication facility,
including, but not limited to, the number of dropped calls, topography warrants a taller tower, etc. Additionally,
please review and answer all the following questions located below and submit as separate supporting document:
1. From which regulation(s) do you which to appeal (e.g., Section 21-112 — setbacks, Section 21-112 tower
location, etc.)?
2. Will the proposed appeal adversely affect adjacent or nearby properties?
3. Are there special conditions or circumstances to this proposed development which are peculiar to the location,
structure or service which are not applicable to others?
4. Would stricter application of the regulations prohibit or have the effect of prohibiting personal wireless
service?
5. If the requested modifications to the current regulations were allowed, would the spirit and intent of the code
be met?
❑ Drawings/Maps
o General site survey showing existing uses;
o Map of current zoning of the site and surrounding area;
o Map of the location, setback and fall zone of the proposed communication facility;
By signing below, I acknowledge that 1 have reviewed the general information and Submittal Requirements Checklist and
have included the required submittal items and reviewed them for completeness and accuracy.
A- fa -I8
Applicant(s) Signature Date
L.D-etc 1 o
Applicant(s) Printed Name
Versions 12.15.2417/NDD
Vertical Bridge would like to appeal the following Sections of the
Baytown Zoning Ordinance: Section 21-112 (b)(2)b & Section 21-112
(c).
In accordance to Sec- 21-112. - Tower Location Standards. (Ord. No. 8287, § 3, 5-28-98, Ord. No. 11,866, §
10, 2-23-12; Ord. No. 13.191 , § 4, 5-12-16)
(b) Residential. Except as otherwise provided in this article, telecommunications towers are not permitted in
any SFE, SF I, SF2, MF I, MF2, MF3, UN, NSC, LC or ACE zoning district and must be at least:
(2) t t nae any 8 4&t is vait 5�, 5 11�� 2, , I �' � ' r
AU zoning distui+c mmp r �ol3ows� — n- id, - - 3 O ezor �as s apuVes
-
1i1ro�o;l�mdied �1 ,
yea
itoweri oton�fliarsoo�Jatr?
Vertical Bridge's Statement ofAppeal for the Tower Set Back.
Vertical Bridge's 100' Tower would require a Residential Setback distance of 250' + (25' X 5' = 1251) = 375'
from any Residential Zoned Property. (Vertical Bridge is simultaneously applying for an Appeal to Sec. 21-
112.(b)(2) citing that this distance requirement would virtually exclude any new Monopole Towers from being
built for Co -location that are over 75' in height because the Tower would have to be located on a tract of land
that was larger than 13.21 acres in order to meet the added Residential Setback Distances, making cellular
coverage to a majority of Residential properties nearly impossible to cover. The effect of this requirement will
cause New Cell Towers to be limited to a maximum height of 75' in order to meet the 250' Residential
Setback. A 75' Cell Tower would limit the number of Carriers that could Co -locate on the New Tower and
would cause the need for additional 75' Cell Towers in the same area in order to accommodate all Cell
Carriers. By enacting the current provision of the Zoning Ordinance under Appeal would severely impact the
nearby Residential and Businesses from having adequate wireless cellular, data and 911 services. Vertical
Bridge's 100' Cell Tower will have a fall Zone that would be contained within KdEX Properties boundaries
and will not affect adjacent or nearby properties.
The spirit and intent of the code will still be met, if a 100' Monopole cell Tower is at least 250' from any Residential
Zoned Lot (2.5 times the height of the Tower setback and fall zone).
(c) Iff-m -zone. A tower shall be constructed so as to minimize the potential safety hazards and located in
such a manner that if the structure should fall along its longest dimension, it will remain within the
Vroom bobAftae! and avoid habitable structures, public streets, utility lines and other antennas or
towers.
Vertical Bridge's Statement ofAppeal for the Tower Fall Zone.-
The
one.
The 100' Monopole - if the structure should fall, it would fall within the Landlord's Property. The
term "property boundaries" are not defined in the ordinance. It is Vertical Bridge's interpretation
that "Property Boundaries" means the Landlord's Property and not the Leased Premises. The 100'
Fall Zone of the Tower would not fall on any other person's property, habitable structure, public
street, utility line and/or other antennas or towers. Additionally, most Communications Monopole
Lease Areas are usually less than 75' X 75'. An interpretation of a Fall Zone within the Leased
Premises would mean that for a 100' Monopole, the Lease Premises would have to be 200' x 200'
which would encompass an area of .918 acres (40,000sgft) - which would be equal to 16 Lease Areas
that are 50' X 50' (2500 sqft).
Sec. 21-123. - Application.
(b) Unless an exception is granted by the city council, telecommunications facilities requiring a special
use permit, including towers and related equipment buildings, shall be located on a platted lot.
Vertical Bridge's Statement of Anneal for the platted lot:
The 100' Monopole & Equipment Leased Compound tics within the Owners property, which is a Platted
Lot. We do not agree with the interpretation that the Leased Compound has to have its' own separate
platted lot. Our Leased Compound is located on a platted lot.
Sec. 21-104. - Appeal.
(Ord. No. 8287, § 3, 5-28-98)
Any person who desires to erect or utilize a telecommunication facility and who wishes to present
evidence that such entity would be limited by the current regulations of the city dealing with zoning and
land use may apply for such use under this article. The city council shall, upon a showing that stricter
application of the regulations would prohibit or have the effect of prohibiting personal wireless service, as
defined by federal law, modify the subject regulations, consistent with the spirit and intent of this article
and second to the extent necessary to prevent the prohibition.
'
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businesses and to offload A3B0113C, Sector 3 and A3B025SB, Sector 2.
RF requires a new wireless facility at 100ft to offload traffic on surrounding cell towers, and
relieve congestion in this area. Surrounding towers are 140 ft., 100 ft., and 160 ft. tall. A 100 -ft.
tower will greatly reduce the dropped call rate in the area, which will increase during peak
hours.
A3B0255 —140 ft.
A3B0113 —100 ft.
A3D0158 —160 ft.
A3B0380A (Blue triangle) for capacity to offload 80255, Sect 2 and B0113, Sect 3.
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