Loading...
Ordinance No. 9,208ORDINANCE NO. 9208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ® TEXAS, GRANTING A SPECIAL USE PERMIT TO AT &T WIRELESS SERVICES TO LOCATE A 140 -FOOT MONOPOLE TELECOMMUNICATIONS TOWER AND ANTENNA AT 2301 DECKER DRIVE; 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, Texas, hereby grants a Special . Use Permit to AT &T Wireless Services to locate a 140 -foot monopole telecommunications tower and antenna at 2301 Decker Drive. 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 the 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, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, this the 23rd day of August, 2001. C°. PETE C. ALFAR , Mayor ATTEST: G 4�ZY SMITH, City Clerk APPROVED AS TO FORM: 9�—" / q4't4cz ""OL, - ACIO RAMIREZ, SR. y Attorney dAMyDocuments \Counci 1 \00 -01 \ August \GrantSpecialUsePermitToAT &T Permit No. SUP- 00080014 0 SPECIAL USE PERMIT Elf 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 AT &T Wireless Services, Sue Curtis, agent (the. "Applicant") for property located at 2301 Decker Drive, 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 at least five (5) days prior to the public hearing on the application; 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 1)011illl r❑ Permit No. SUP - 00080014 (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 2301 Decker .Drive, Baytown, Harris County, Texas, more fully described as a tract of land situated in the W Scott Survey, Abstract Number 66, Tract 12G, is hereby granted: To install a free - standing 140 -foot monopole 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 23`h day of August, 2001. ATTEST: &JRY SMITH, City Clerk. APPROUEb AS TO FORM: V_.7AA_ 0, W-c' MCCOM-119 •' 11' • c: kih2551P1anninglZoning \Specia]UsePermit Special Use Permit, Page 2 ,& C. PETE C. ALFARO, ayor SPECIAL USE PERMIT APPLICATION 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 satisfies 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 1.) That Granting this special use permit (wilYYA4 -met) 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. See Attached Exhibit "B" 2.) That Granting this special use permit (wiWwill not) impede the normal and orderly development and improvement of surrounding property. See Attached Exhibit "B" 3.) Granting this special use permit (williYAR -met) ensure that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. See Attached Exhibit "B" 4.) Granting this special use permit (wilU*i4- ) ensure that adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, hires, dust, noise and vibration. See Attached Exhibit "B" 5.) Granting this special use permit (willet) ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property. See Attached Exhibit "B" 6.) That the proposed use (I-4s net) in accordance with the comprehensive plan and generally , consistent with the purposes and intent of this code. See Attached Exhibit "B" 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 application, may result in the rejection of this application. Applicant's signature: Date: SUBMIT APPLICATION TO: Planning and Community Development 2401 Market Street Baytown, TX 77520 (281) 420 -5397 SPECIAL USE PERMrr APPLICATION City of Baytown, Texas v Exhibit "A" DESCRIPTION OF SUBJECT PROPERTY: tract or parcel containing 3.7878 acres (164,996 square feet) of a Being Upper League, Abstract Number 66, land situated in the William Scott Upp Harris County, Texas, being the same called 2.6285istCountyf Texasa Harr, under Harris County Clerk's File NO(s). L- 3225520 anf being the same called 1.103 acre tract tract of record under H.C.C.F. Number H280878, Harris County, Texas, said 3.7878 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1 1/2 inch icon pipe found y SpureNS�erw330e(336 feet wide), right -of -way (R.O.W) line of State Highway Easterly corner of a 12.797 (formerly Decker Drive) and being acre tract of most record under erlH• corner of said9266285 aac eltractnand the most and being �' Northerly corner of the herein described tract; SCE, South 38 degrees Ol minutes 00 seconds Southwesterly.R.O.W. line and the Northeasterly tract, 331.00 feet to a set rail road spike Easterly corner of the herein described tract; seconds West, along the tract, 360.62 feet to a cut of said 2.6285 acre tract; East, along said line of said 2.6285 acre asphalt for the most THENCE, South 55 degrees 19 minutes 15 Southeasterly line of said 2.6285 acre concrete for the most Southerly corner "j(" In SCE, North, 38 degrees 01 minutes 00 seconds West, along the Southwesterly lines of said 2.6285 acreofrsaid.calledf1.103 o most acre tract; concrete for the THENCE, South, 51 degrees 59 minutes 00 seconds West, along the Dint southeaastteerlysline of s id called aid called 1.103 acre � acre acre tract and the most for the Southerly corner of the herein described tract and in the Northwesterly said line, as granted to Houston Lighting and Power Company by instrument recorded in volume 7762, Page 279 of the Deed Records of Harris County, Texas. 1 J SPECIAL USE PERAHT APPLICATION City of Baytown, Texas ® Exhibit "B" 1.) That 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. The property on which the proposed tower would be located is zoned MU, which is commercial and industrial in nature. The proposed tower will not alter the essential charter of the neighborhood, since the neighborhood is characterized by commercial and industrial uses, consisting of undeveloped acreage, railroad tracks, chemicals and allied products storage tanks, metallic warehouses, low -rise hotel/motels and low to mid -rise office buildings. Moreover, the adjoining properties would not suffer any detriment as evidenced by the diverse land uses in the area. As such, the proposed site is in a location harmonious with existing uses and least visible from residentially zoned areas. The proposed tower will be consistent with the surrounding commercial and industrial uses in the MU District and will not significantly diminish or impair property values within the immediate vicinity in any material way. The proposed tower site is in compliance with Sec. 21- 112(b)(2), requiring towers be situated at least 250 feet from, any Property, which is within an NC or UN zoning district or is used for residential purposes, regardless of the zoning district, plus 5 feet per each foot of tower height or portion thereof over 75 feet. This calculates to a minimum distance of 575 feet. The base of the proposed tower is situated approximately 850 feet from the nearest residential lot in the nearby -zoned NC District. Therefore, AT &T's tower exceeds the minimum required distance to the nearest residential lot by 275 feet. The NC District is located approximately 650 feet southeast of the base of AT &T's proposed tower, thus exceeding the minimum required distance to the to the nearest NC Zoned District by 75 feet. 2.) That Granting this special use permit will not impede the normal and orderly development and . improvement of surrounding property. AT &T will construct the proposed tower in strict compliance with the Telecommunications Industry Association (TIA) and Institute of Electrical and Electronics Engineers (IEEE) standards promulgated by ANSI (American National Standards Institute), and the most current revision of EIA- 222 (Electronics Industries Association Standard 222) standards as required by the Building Code adopted by the City of Baytown. The proposed tower will not adversely impede the normal and orderly development and improvement of surrounding property, nor will it negatively impact the environment, runoff systems or local traffic. 3.) Granting this special use permit will ensure that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The existing utilities at the site meet the needs of AT &T's equipment. There will be no need for water or sanitary services as the equipment area will be unmanned. Access to the site will be from an access easement from Park Street, which is more clearly defined on the survey and site plan. Since the amount of construction for a cellular tower is minimal, the existing drainage will not be adversely affected. After the initial construction of the tower has been completed, a technician will visit the site monthly for routine maintenance and diagnostics. The proposed self - support monopole tower will be one hundred forty-foot (140') in height, and is designed to accommodate AT &T's antennas and those of two (2) additional providers which will comply with Sec. 21- 111(c). SPECIAL USE PERMIT APPLICATION City of Baytown, Texas ® Exhibit "B" 4. 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. The site will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors. The proposed PCS antennas will not impact upon geology, topography, soils, hydrology, vegetation and wildlife or air quality. It is a quite, safe, self- contained unmanned facility. Furthermore, Radio Frequency (RF) emissions from the telecommunications site will not exceed federally imposed limits. 5.) Granting this special use permit will ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property. The proposed tower site will be in compliance with Sec. 21- 111(d), and shall be enclosed .by a steel chain link fence not less than 6 feet in height, with an evergreen hedge. The exterior of equipment building visible from public right -of -way will be a neutral aggregate finish. The proposed tower is in compliance with Sec. 21- 111(e), which requires that all telecommunications towers shall be located within the buildable area of the lot and set back a minimum of 20 feet from any property line. The base of the proposed 140 -foot monopole tower is situated 53.04 feet from the west lot line and 68.50 feet from Park Street. AT &T's self- supporting towers are designed to EIA- 222 -F -1996 standards. In the event of catastrophic failure, including a direct hit from a hurricane or tornado, AT &T's tower is designed to fall upon itself within the lease area, so as to minimize potential safety hazards, and to ensure harmony and compatibility with adjacent properties. 6.) That the proposed use is in accordance with the comprehensive plan and generally consistent with the purposes and intent of this code. The proposed use is in accordance with the comprehensive plan of the City of Baytown. The spirit and intent behind Chapter 21, Cable and Telecommunications Regulations would be respected and observed since the tower, at the location proposed, would be nearly invisible from the residential houses in the L N District and barely visible from the retail businesses in the NC District. In the event that the special use permit is not granted, AT &T will be forced to construct additional telecommunications towers in the area at substantial additional costs. AT &T believes that it is in the public's interest and in the spirit of the Cable and Telecommunications Regulations for wireless carriers to explore all opportunities for collocation. In an attempt to use existing tall structures, AT &T contacted Exxon in an effort to place antennas and ancillary equipment on the roof of their building at 2800 Decker Drive. Due to Exxon's stringent security regulations, AT &T was deprived of this opportunity. There are no other tall structures in the area that meet AT &T's engineering requirements. By granting this special use permit, AT &T will be serving the public's interest in the collocation of wireless telecommunication towers by making available a tower to serve two (2) additional wireless carriers in accordance with Sec. 21- 111(c). In addition, by limiting the number of towers in the area, AT &T will be preserving the public's interest in the appearance of the City's neighborhoods. AMENDMENT TO THE OPTION AND LEASE AGREEMENT This Amendment to the Option and Lease Agreement is made this �' day of 2001 by.and between Sanjaybhai Patel, Vijaykumar C. Desai, and Praka " Patel (individually and collectively referred to as "Landlord ") and AT &T Wireless PCS, LLC, by AT &T Wireless Services, Inc_, its manager, d/b /a AT &T WIRELESS SERVICES ( "Tenant "). Landlord and Tenant have entered into a Lease Agreement providing for the installation and operation of a teleconununications facility ( "Tower ") by Tenant on property owned by Landlord and now desire to amend that Agreement regarding use of the area immediately surrounding the Tower under the following conditions. 1. Tenant shall construct its Tower in accordance with the Lease Agreement previously entered into between the parties. 2. Landlord agrees not to construct or allow to build any structure within an area around the Tower site ( "Restricted Area "). The approximate size and location of the Restricted Area is shown on the attached Exhibit A. in consideration for the Restrictive Area, Tenant agrees to pay a one time fee of One Thousand and No /00 ($1,000). Except as may be specifically set forth herein to the contrary, the terms and conditions of the Lease Agreement between Landlord and Tenant shall continue in full force and effect. "LANDLORD" "TENANT" Sanjaybhai Patel, Desai, and AT &T WIRELESS PCS, LLC P=alcash Patel By: AT &T WirelesServices, Inc., its manager U Y11 AMA' �►� %�vo I► David c By: Name: Vijaykumar C. Desai By: Cis Name . Prakash Patel Title: Owners Site No: 9081 -C Title Director L I SITE PLAN - NOT TO SCALE NOTES: (1) Draw AM may be repined with a surveyed dravMng. Acuol pincement may vary. AT &T access Easement SUE NUMBER: 9081-C SITE NAME: Buys Inn Motel )ecker St -- .iun 11 01 03 -49p -- senjamin F 0)1/11'2001 14:Y9 FA.1 Loonew A'MT ® PAUL I. fOR[) AND CQMPANY 5 T R U C T U R A L E N G I N E E R S 350 (W ar•W som Sw1a 500 • Co1un0�0, Ohio X221 S June 6, 2001 AT &T 13333 Northwest Freeway, Suite 400 Houston, Texas 77040 A;tn: tarry PendwY Re 1404t, Three•Carrier AT&T Wireless Monopole located in Norris Co., TX: S'ne •90e 1C - Says inn (PIF Projirci Number 29201-0602, Summit 0139S4)l ®ooz Dear Mr. Pendley: We understand that Ihcre slay be some concern on the part of local building officials )n acMconlenee pt>�tential for failure of communication poles. Communfttion Sir Industries ate dQSip;rhad with the Electronic Industries AssoClatiOn lTeieCOmr+x+nlCatuons Industries Associadon Standards EWTIA- 2224, 'Structural 9tandards for Steel Antenna Towers and Antenna Supporting Structures• This Is a nationally recognized standard and Is modeled after the American National Standards wind document ANSI A5a.1. The ANSI standard is based upon equations Mat were developed g wnnal testing to accurately predict the effect that wind has on poles. This ANSI standard is now known as A5CE-7. The EIA/TIA sundard was developed by professional engineers experienced in dhe design of eommunicarion sttucmtres. Much of theft specific design criteria are often not available in local building codes. The safety factors used to design communication poles are the same factors used in building design. A safety factor of 1.25 Is specified by the Arneriean Institute of Steel Construction W�SC%d& � 1.3 is specified by the American Concrete Institute tACu. These safety actors would ha to be both the pole and foundation design. A 1.25 safety factor means that the pole ve subject to 25% more load (than the design load) before failure would iheoretially Occur- The monopole for this she will be designed as a 'bend-over' pole. This means that the botsom 9"-W of the pole will be intentionally over- desgg+ed In an zftmpi to limit the fall radius of the pole. This pole will be designed with the top 46' -G' meeting The minimum design criteria, but the bode" 91' -W will be strong enough to resist considerably more than the minimum design wind. Whom steel becomes overstressed it does not suddenly break, it will bend and bugle. In the unl&* event that this pole should co'.Iapse, the upper 46' -6' of the pole would be overstressed fins and would buckle. The upper portion of the pole would then swing down and hang from this level or, at worst(, break Off resulting in a fall radius of approximately 46•6'. Once the upper portion is no lon®nr upright catching the full force of the wind, the stresses in the lower portion of the pole are reduced, making a further collapse of file pole unlikely. COLUMBUS, OHIO 16141221-647Y Fax 1614) 221 -2540 v ATLANTA, GEORGIA 1464) 246.2401 fan 1404) 869.4608 • www.pifweb.com • ORLANDO, FLORIDA 1491) 1" -9019 fell (507) 991•1662 �L U4 n uui uw —A i u. ul 40A� u♦ :).Du nUL k—um 1 In .i Jun 11 01 03:50.P Ben amin F. Looney i /far eru -c.,c 08r'11i200f 11'29 Pell AT &T tune 6, 2001 Page 2 of 1 AT &T Aam. tarry Pendley als: 14041, Three- CarTlerATV Wireless Monopole located in Marti$ Co., TX: Site #908tC • gays Inn (PIF Project Numtwf 291014)602, Summit #13954) It 00.1 rraL;t :>b3. The pole will be designed by a qualified professional engineer for a wind velocity dAj meals the ,e,qui,en*m for the arse in which it is. located. The pole will be properly designed with all of the applicable safety factors as rt?"qulred by the cede. Communication poles are sate SnWuros with a long history of reliable Wendion- We hope this review of the monopole design has given AT &T a greater degme Of comfort nlgarding the design capacity inherent in pok manures. Please feel tree to call with any cormnents you may have. we can be reached at (614) 2216679 end wAl be glad to dltcuss this matter._ 11 you have any questions, please do not hQSgaW m Call. Si ncefely, PAUL l• FORD AND COMPANY 'chae I F. ovinsak, E.I.T. Project Engineer, a+rrwJf nroltsoMrN+♦P1MA.��n G KO�.ow�oPOrrw ro...+ aa�'nt^"°'N'ar.Jee It EN ° /v0 Devid . MwAiM P.E. Project Manager Texas License 107147 a Growth Management Development Advisory Commission Wednesday, May 20, 2001 Special Use Permit Staff Report Applicant: AT &T Wireless Services Sue Curtis Subject Property: 2301 Decker Request: The request is to allow a monopole tower with an antenna at 140 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: Industrial development Land Use: South: Vacant East: Decker Drive R -O -W West: Park Street R -O -W Staff Analysis: To approve an application for a Special Use Permit, the Commission shall make an affirmative finding that the following criteria are met: 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 is 650 feet from any property that is zoned NC and 850 feet from a lot that contains a residential use. The distance exceeds the minimum setback requirements. Heavy. Industry and commercial development encompass the area surrounding 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 is in transition from residential use too industrial. The once 340 lot residential subdivision has 11 single- family dwelling units and the nearest lot that is used for residential purposes is 850 feet from the proposed tower site. 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. Granting the special use permit will ensure that adequate utilities, access roads, drainage Growth Management Development Advisory Commission Wednesday, May 20, 2001 Special Use Permit Staff Report 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 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 (will/will not) ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property. The proposed location of the tower exceeds the minimum required setbacks and it will be screened in accordance with Section 2 1 -111 "Telecommunication tower standards" (d) of the City of Baytown Code of Ordinances. However, the location of the proposed tower does not meet the criteria set forth in Section 21 -112 "Tower location standards" (c) "Fall zone ". The proposed location is approximately 69 feet from Park Street R -O -W, the tower is 140 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." Granting the special use permit will not ensure that there is 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 in accordance with the Comprehensive Plan and consistent with the purpose and intent of this code. Staff Recommendation: Staff recommends denial of the request.