Ordinance No. 9,02520001026 -6
ORDINANCE NO. 9025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT TO VOICE STREAM
WIRELESS SERVICES TO LOCATE A 180 FOOT SELF - SUPPORTING
TOWER AND ANTENNA AT 4219 HIGHWAY 146; AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby grants a Special Use
Permit to Voice Stream Wireless Services to locate a 180 foot self - supporting tower and antenna
at 4219 Highway 146. A copy of said permit is attached hereto, marked Exhibit "A," and made a
part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the Mayor to execute and City Clerk to attest to the Special Use Permit incorporated
herein.
Section 3: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 26th day of October, 2000.
PETE C. ALFARO, Mayor
ATTEST:
e14 j � /4
(!#'Y . SMITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, ., City Attorney
c: k]h255 \Council\ Ordinances \GrantingSpecialUsePerntnit
Permit No. SUP - 00080014
® SPECIAL USE PERMIT
WHEREAS, an application for a Special Use Permit, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, was completed by Voice Stream Wireless Services, D'
Anne Williams, agent (the "Applicant ") for property located at 4219 Highway 146, Baytown, Harris
County, Texas, and submitted to the Director of Planning and Community Development (the "Director ")
on a form prescribed by the Director; and
WHEREAS, the Applicant additionally submitted a non - refundable processing fee as required by
the Cable and Telecommunication Regulations of the City of Baytown; and
WHEREAS, the Director reviewed the application and prepared a staff report which included a
recommendation to approve the special use requested by the Applicant; and
WHEREAS, the staff report was mailed to the Applicant in accordance with Section 21 -124 of
the Code of Ordinances, Baytown, Texas; and
WHEREAS, the Growth Management and Development Advisory Commission (the
"Commission "), after due notice, conducted a public hearing on the application; considered the
application, staff report, the relevant support materials and public testimony; and prepared and delivered a
report and recommendation to the City Council to approve the proposed special use permit based upon
the criteria enumerated in Section 21 -126 of the Code of Ordinances, Baytown, Texas (the "Code "); and
WHEREAS, the City Council, after giving the proper notice of the public hearing as prescribed in
Section 21 -125 of the Code held on this day the public hearing on the application for a Special Use
Permit; and
WHEREAS, at the public hearing the City Council considered the application, the staff report,
the relevant supporting materials and the public testimony given at the public hearing; and
WHEREAS, after the close of the public hearing, the City Council made an affirmative finding:
(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
Special Use Permit, Page 1
EXHIBIT A
Permit No. SUP - 00080014
40 (6) That the proposed use is in accordance, with the comprehensive plan and
generally consistent with this Code.
NOW THEREFORE, BE IT ORDAINED 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.
Section 2: The following special use for property located at 4219 Highway 146, Baytown,
Harris County, Texas, more fully described as a tract of land situated in the Christian Smith Survey,
Abstract Number 69, Tract 9, is hereby granted:
To install a free - standing 180 -foot self - supporting tower, pursuant to
Chapter 21, Article III of the Code.
Section 3: Nothing herein shall be construed as to authorize any other variance, exception,
or deviation from Chapter 21, Article III of the Code.
Section 4: This Special Use Permit shall take effect immediately from and after the date
stated hereinbelow.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 26th day of October, 2000.
ETE ALFARO, Mayor
ATTEST:
GARY SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
® c: k1h2551P1 anning \Zoning\SpecialUsePermit
Special Use Permit, Page 2
El
SPECIAL USE PERMIT APPLICATION
City of Baytown, Texas
TYPE or PRINT
Address or general location: A4a l � �J D.
Legal description of the .property (attach additional sheets as necessary):
Subdivision: Block No: Lot No(s): ' Acres: 3 2535
.�5 o c b-P-fng 4h e N ' -z 0r' q 6,r)
uP- , AhS to , -J- Ind
G1
(NOTE: Por properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a special use permit, and a complete legal description.)
Zoning district: M 0 Tower Height:
Tower Type: l SC) ICJ iOror
I (applicant) hereby certify that I am the owner, or duly authorized agent of the owner of the above - described property
for the purpose of this application. The NONREFUNDABLE application fee of $300.00 to cover the costs of this
Special Use Permit Application has been paid to the City of Baytown on g -'Z3 , 2000. I (applicant) also
certify that I have been informed and understand the telecommunications regulations as specified in the City of
Baytown's Code of Ordinances. I further understand and agree that I will at all times abide by the terms and conditions
of all of the applicable provisions of the Ordinances of the City of Baytown.. °
� fee a`tic�c�,cd
Owner's signature: a.tiihor Zct.}im Agent's signature:
Applicant's printed name: 'D4rVQi Applicant's telephone: '51Z - 4:3 4533
Applicant's address: a (re f!2LA a PYAZO E l mr hOVS415h rX
Street City State Zip. Code
COMPLETE IF APPLICABLE
In lieu of representing this request myself as owner of the subject property, I hereby authorize the person designated
below to act as my agent for the application, processing, representation and/or presentation of this request. The
designated agent shall be the principal contact person with the City (and vice versa) in processing and responding to
requirements, information, or issues relevant to this request. 1
Owner's signature: '� See a 4kav-
Agent's signature:, )L��
It sir, 1 ' f�ia. �3l- 41533
Agent's printed name: �� �� ����I.tYNS Agent's telephone:
Agent's address:
Street J City I State Zip
SUBMIT APPLICATION TO: Planning and Community Development
2401 Market Street
Baytown, TX 77520
(281) 420 -5397
FOR OFFICE USE ONLY
Case Number
Da tiD l�
Date Submitted
Notice Date
6 � -V-� J"';
GMDAC. Hearing
o ti - °aa` -Z �
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Building Permit Date
Zoning Map Number
D:IZONING\SPECIAL USE PERMIT APPLICATION.doc
a��b - •
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SPECIAL USE SUPPLEMENTAL APPLICATION FORM
City of Baytown, Texas
® The Growth Management and Development Advisory Commission shall make recommendation to City
Council to approve or disapprove the proposed special use permit based upon the following criteria. In the
spaces provided, explain how your special use permit application sati sfies each of the criteria. Please attach
additional sheets to this form as required. (NOTE: The applicant has the burden of proof to demonstrate that
all six of the special use criteria have been met).
TYPE or PRINT J e e Q 44
1.) That Granting this special use permit (will/will not) be compatible with and not injurious to the use
and enjoyment of other property, not significantly diminish or impair property values within the
immediate vicinity in any material way.
2.) That Granting this special use permit (will/will not) impede the normal and orderly development and
improvement of surrounding property.
3.) Granting this special use permit (will/will not) ensure that adequate utilities, access roads, drainage
and other necessary supporting facilities have been or will be provided.
4.) Granting this special use permit (will/will not) ensure that adequate nuisance prevention measures
have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration.
5.) Granting this special use permit (will/will not) ensure that there are sufficient landscaping,
screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent
property.
6.) That the proposed use (is/is not) in accordance with the comprehensive plan and generally consistent
with the purposes and intent of this Code.
I (applicant) hereby certify that the statements contained herein are true, complete, and correct to the best of my
knowledge. My signature acknowledges that I understand that false, misleading or misstatements by me regarding the
information set forth in this a :tio n, may result in the rejection of this application
Applicant's signature. Date: � �Z3 '�C'�
SUBMIT APPLICATION TO: Planning and Community Development
City of Baytown
2401 Market Street, #149
Baytown, TX 77520
DAZONINGWECIAL USE PERMIT APPLICATION.doc
0
1) That granting this special use permit ( will/will not) be compatible with and not
injurious to the use and enjoyment of other property, not significantly diminish
or impair property values within the immediate vicinity in any material way.
Granting of the SUP will be compatible with and not injurious to the use 'or value
of the surrounding property in any manner. With the location of the proposed
tower in the undeveloped mixed use zone, the affects of the tower would not be
seen in any material way or diminish surrounding property values. The goal of
VoiceStream is to avoid the creation of distractions, prevent obstructions of the
view of the community and to ensure the structural integrity of the proposed
tower.
Vie M e(!-'4 exc c cd S6-65, `S Fro w, ns C -Z-On-e re ct i t r► -Kr�ts o r
our j rcr w;tK sv(e �c�Y,L�t� dw -e((IK7 )oeO+cd e-n d-
2) That granting th' special �s'e permit ( l/will notpimpede the normal and
orderly development of surrounding property.
Granting of the SUP will not impede the normal and orderly development' and
improvements of the surrounding property. With the proposed tower location in
the farthest corner of the property, and given that the property is landlocked by
surrounding heavily wooded areas, the development of the surrounding property
would not be affected. For some chance that development Where to take place on
the surrounding properties, with the location that is proposed, the area nearest the
tower would be last and least likely developed.
3) Granting this special use permit (will/will not) ensure that adequate utilities,
access roads, drainage and other necessary supporting facilities have been or will
be provided.
The granting of the SUP will ensure that necessary supporting facilites would be
provided. Given that concrete would be used only for the foundation of the tower,
drainage will not be an issue of concern. A gravel base will be used for the leased
compound and the access easement. We have leased adequate space- for
collocation purposes for at least three future providers to have access to the tower.
2 Greenway Plaza, Suite 1 100 Houston, TX 77046
EI
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4) Granting this special use permit (will/will not) ensure that adequate nuisance
prevention measures have been or will be taken to prevent or control offensive
odor, fumes, noise, and vibration.
Granting of the SUP will ensure that adequate measures will be taken to assure
that no nuisance will be released from the proposed tower. There are no odor,
fumes, noise or vibrations associated with telecommunication towers and
facilities.
5) Granting this special use permit (will/will not) ensure that there are sufficient
landscaping, screening, setbacks, and other land and use measures to ensure
harmony and compatibility with adjacent property.
Granting the SUP will ensure that harmony and compatibility with adjacent
properties will be maintained. The tower will have minimal impact to
surroundings, given that the surrounding coverage is a heavily wooded area; the
tower will be camouflaged within its surroundings. You will not be able to see
the base of the tower from any given highway or street.
6) That the proposed use (is /is not) in accordance with the comprehensive plan and
generally consistent with the purpose and intent of this code.
The proposed use is in accordance with the plan and intent of the code. This
would serve as a development of infrastructure for the community. We would be
able to accommodate the collocation of various future service providers. Asking
for more height the ordinance allows will reduce the number of towers that we
will need to provide efficient service to the area. We feel that we are in
compliance with the plan and purpose of the City of Baytown's code.
2 Greenway Plaza Suite I I Do Houston, TX 77046
Growth Management Development Advisory Commission
Wednesday, September 20, 2000
Special. Use Permit
Staff Report
Applicant: Voice Stream Wireless Services
D'Anne Williams
Subject Property: 4219 Highway 146
Request: The request is to allow a self - support tower with an antenna at 180 feet in
height be located in a Mixed -Use (MU) district.
Applicable Telecommunication towers in excess of 50 feet in height and monopole
Regulations: towers in excess of 85 feet in height are permitted by right in the MU
zoning district with a special use permit.
Surrounding North:
Vacant
Land Use: South:
Vacant
East:
Highway 146 R -O -W followed by a recycle business
West:
Vacant
Staff Analysis: To approve an application for a Special Use Permit, the Commission shall
make an affirmative finding that the following criteria are met:
1. That Granting this special use permit (will/will not) be compatible with and not injurious
to the use and enjoyment of other property, not significantly diminish or impair property
values within the immediate vicinity in any material way.
The proposed tower and antenna will be located on a property that is zoned MU and the
proposed location of the tower meets the minimum setback of 775 feet from any property
that contains a residential use. Vacant land and commercial development surround the
proposed use. Therefore, granting this special use permit will be compatible with and not
injurious to the use and enjoyment of other property, not significantly diminish or impair
property values within the immediate vicinity in any material way.
2. That Granting this special use permit (will/will not) impede the normal and orderly
development and improvement of surrounding property.
Granting the special use will not impede the normal and orderly development and
improvement of the surrounding_ property. The proposed tower and antenna will be
located in an area that surround by heavy vegetation.
Granting this special use permit (will/will not) ensure that adequate utilities, access roads,
drainage and other necessary supporting facilities have been or will be provided.
Granting the special use permit will ensure that adequate utilities, access roads, drainage
and other necessary supporting facilities have been or will be provided. The applicant
will be required to comply with all codes relating to this development and all State and/or
Federal Laws before receiving final approval of construction. The applicant has provided
Growth Management Development Advisory Commission
Wednesday, September 20, 2000
® Special Use Permit !
Staff Report
i
staff with a copy of the lease agreement, which includes permission to enter upon the
property.
4. Granting this special use permit (will /will not) ensure that adequate nuisance prevention
measures have been or will be taken to prevent or control offensive odor, fumes, dust,
noise and vibration.
Granting this special use permit will ensure that adequate nuisance prevention measures
have been or will be taken to prevent or control offensive odor, fumes, dust, noise and
vibration. Staff does not foresee any equipment and/or operations that may cause a
nuisance to surrounding property.
5. Granting this special use permit
landscaping, screening, setbacks and
compatibility with adjacent property.
(will/will not) ensure that there are sufficient
other land use measures to ensure harmony and
The proposed location of the tower meets the minimum required setback of 775 feet from
any property that contains a residential use. However the proposed tower does not meet the
criteria set forth in Section 21 -112 "Tower location standards" (c) "Fall zone ". The
proposed center of the tower is 96.94 feet from the south property line, 25 feet from the
property line to the north and 25 feet from the west property line, the tower is 180 feet in
height. The ordinance states that, "A tower shall be constructed so as to minimize the
potential safety hazards and location in such a manner that the structure should fall along
its longest dimension, it will remain within the property boundaries and avoid habitable
structures, public streets, utility lines and other antennas or towers." Therefore, granting
the special use permit will not ensure that there are sufficient setbacks and other land use
measures to ensure harmony and compatibility with adjacent property.
6. That the proposed use (is/is not) in accordance with the comprehensive plan and
generally consistent with the purposes and intent of this Code.
The purpose of this code is to promote public safety and maintain order and harmony
within the city's zoning districts by restricting the size and location of telecommunication
towers/antennas. The object is to avoid the creation of visual distractions, prevent
obstructions to the view of pedestrians and motorist on public thoroughfares and to
ensure that there is . no adverse impact on neighboring properties of the use. Staff has
reviewed, evaluated and exercised planning judgement relative to the location and site
plan of the purposed use. The proposed use is not in accordance with the Comprehensive
Plan and consistent with the purpose and intent of this code.
Staff Recommendation: Staff recommends denial of the request.
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4219 Highway 146