Ordinance No. 9,562ORDINANCE NO. 9562
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT TO T- MOBILE TO LOCATE
AN 85 -FOOT MONOPOLE TELECOMMUNICATIONS TOWER AND
ANTENNA AT 2400 %2 NORTH MAIN STREET; 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 l: That the City Council of the City of Baytown, Texas, hereby grants a
Special Use Permit to T- Mobile to locate an 85 -foot monopole telecommunications tower and
antenna at 2400 %2 North Main Street. 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 22 "d day of May, 2003.
/& C -
PETE C. ALFARO, Mayor
ATTEST:
G4.-
Sw1ITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, t City Attorney
F:Ucanene\My Documents\ Council \02 -03\ May \GrantSpeci al Use Permi t2T-M obi le.doc
•
Permit No.
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 Shawn W. St. John, as agent for and on
behalf of T- Mobile, (the "Applicant ") for property located at 2400 %2 N. Main Street, Baytown, Harris
County, Texas, and submitted to the Director of Planning and Development Services (the "Director ") on a
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 (the "Code "); 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 -128 of 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
EMIT A
Permit No.
(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.
Section 2: The following special use for property located at 2400% N. Main Street, Baytown,
Harris County, Texas, more fully described as Tract 22B, Abstract 709, JW Singleton Survey, Baytown,
Harris County, Texas, is hereby granted:
To install a self- support telecommunication tower with an antenna 85 feet
in height, pursuant to Chapter 21, Article III of the Code; provided that
the tower shall be designed and installed so that the tower will remain
within the property's boundaries if it should fall.
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.
SIGNED on this the 22nd day of May, 2003, after passage by the City Council of the City of
Baytown.
PETE ALFARO, Mayor
ATTEST:
GARY SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
F; UKaren \Files\Ptanning\Zoning4SPECIAL USE PERMITCIeanT- Mobile.doc
•
Special Use Permit, Page 2
_ S1 ECIAL USE PERMIT APPLICATION'
City of Baytown, Texas
TYPE or PRINT
•
1%J
`Address or genera! location :2uool 0 r +A_ Str�� `
Legal description of the property (attach additional sheets as necessary}:
Sub vision: Block No: Lot No(s): Acres:
r\1
(NOTE: For 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: Tower Height:
Tower Type; 0(10 cc)
.Reason for the request (attach additional sheets as necessary): `To y9 rvJ +�lr. i�rv.;c�/t 1.�1r¢Ies S
Tb - 1'(.,.e
-...1 (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 $3 0.00 to cover the costs of this
Special Use Permit Application has been paid to the City of Baytown on Y O , 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,
Owner's signature: Agent's signature:
Applicant's printed name:&LIWI) UU S +:�O�h
_ Applicant's telephone: $3Z -723 3
Applicant's address: O T /A �Jt 1 2 6ru' i P %u ! _7 7 0 Co
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.
Owner's signature:
Agent's signature:
Agent's printed name: Agent's telephone:( 1
Agent's address:
Street City State Zip
SUBNUT APPLICATION TO: Planning and Community Development
2401 Market Street
Baytown, TX 77520
(281) 420 -5397
FOR OFFICE USE ONLY
Case Number
Datc ubmi=d
Notice Date
IT- Q3
GMDAC. Hcaring
,-
Building Permit Date
Zoning Map Number
D:\ZONQYGISPECIAL USE PERMIT APPLICATION.doc
SPECIAL USE SUPPLEMENTAL APPLICATILTrt i 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 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 Pluw5e. "' `e� Ueput�)
1.) That Granting this special use permit (wilUwill 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.
See M ewco
2.) That Granting this special use permit (will/will not) impede the normal and orderly development and
improvement of surrounding property.
Sep MQ wt o ,
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.
5 t- p ,
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.
Sic• l�Q wt.0.
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.
5Le f✓1 6;-1- O
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: 2 1 12— y Lo -3
SUBMIT APPLICATION TO: Planning and Community Development
City of Baytown
2401 Market Street, #149
Baytown, TX 77520
DAZONINGWECIAL USE PERMIT APPLICATION.doc
To: City of Baytown Building Permit Department
T • •Mobile• 0 0
As per Chapter 21, Article III, Division 2,- Sec. 112 (e) of the Baytown Code; T- Mobile requests a
Special Use Permit for a new 85 foot wireless telecommunications monopole to be located in MU
zoning on a vacant parcel described as TR 22B (ASST 709 J W Singleton), at 2400% North Main
Street.
T- Mobile designed the site to conform to all requirements of the Ordinance. The proposed use would
be permitted by right, except for its partial compliance with Sec 21- 112(c). As required, the site has
been located in such a manner that the structure is more than its own height (85 feet) away from all
habitable structures, public streets, utility lines and other antennas or towers. Sec 21- 112(c) further
requires, however, that 'the structure be constructed so that it is within its own height of all property
boundaries. While we were able to design the site to comply with all other standards, an available
property could not be found to provide 85' on all sides of the structure (see attached survey). Due to
this one fact, we are seeking the approval of a Special Use Permit
Due to the immense popularity of mobile phones and other personal wireless communications devices,
and'due to the explosive growth of T- Mobile subscribership in.the area, this site is necessary to relieve
the strain that increased user traffic has placed on the existing T- Mobile communications facilities
surrounding it (see the attached full -color PowerPoint print -out).
Wireless networks are comprised of a system of communication sites strategically located throughout
the service area. The sites must be located close enough to each other to avoid gaps in coverage, and
so that a mobile user can be "handed off' from one site to the next as one moves through the area. Too
great a distance between sites will result in insufficient Coverage, and therefore dropped calls and poor
quality.
Furthermore, each tower facility has a finite number of users it can serve within its coverage area. If the
number of users in an area exceeds the number of channels available for communication, the Capacity
of the network is exceeded and dropped calls, busy signals and inconsistent quality are the results. As
you can see in the "Diagrammatic" slide in the attached full -color PowerPoint print -out, the existing sites
to the Northwest and South of the proposed site are at or near their maximum capacity. A new site is
required to "offload" the traffic, and ensure that there is sufficient capacity in the network. Furthermore,
the addition of the new site will also improve the coverage in the area (see the "Without Site" and "With
Site" slides).
a Page 1
A site location is precisely chosen through radio frequency engineering that will best relieve the
coverage and capacity issues. Wherever possible, T- Mobile will attempt to locate its communications
equipment on existing structures. In cases such as this where none is available in the location needed,
a new structure is constructed.
T- Mobile has chosen a monopole design for its visually aesthetic slim profile. The 85' structure is able
to accommodate the equipment of additional service providers who may desire to "co-locate" on the
facility, and the site perimeter will be landscaped. The proposed site meets all applicable local, State
and Federal standards, including those of the FCC, FAA, NEPA, and the City of Baytown.
The Sec. 21 -111 standards have each been addressed as follows:
(a) See FAA determination. Site will be operated within FCC guidelines;
(b) See tower and foundation design;
(c) This 85 foot tower is designed and will be available on a reasonable non - discriminatory basis for a
second cellular or personal communication service provider,
(d) Fencing as called out on our plans is a 6 foot chain link fence;
(e) The telecommunication tower as indicated on our plans is set back a minimum of 20 feet from all
property lines;
(f) Signage will conform to the FCC regulations;
(g) Lighting, if required, will conform to FAA and/or FCC standards.
The Sec. 21 -112 standards have each been addressed as follows:
(a) The tower is not located within 300 feet of property included in a national or local historic district or
designated scenic corridor,
(b) The tower is not located in any NC or UN zoning district and meets all requirements for distance
from any property which is within an NC or UN zoning district or is used for residential purposes (in
this case, 300 feet);
(c) The tower is 85 feet or more from all habitable structures, public streets, utility lines and other
antennas or towers; It is less than 85' from property boundaries, which is why an SUP is being
sought;
(d) While the proposed facility is far from existing communications towers, this standard does not
apply, as the monopole is less than 180 feet in height.
The Sec. 21 -128 (Conditions for Approval of a Special Use Permit) standards have each been
addressed as follows:
(1) The proposed use will be compatible with and not injurious to the use and enjoyment of
other property. Towers of the same height as the proposed facility are permitted by right in
this same zoning district; The tower will not negatively impact the existing uses in the
surrounding area, nor will it negatively impact any future uses allowed in the MU zoning
• Page 2
•
district; The proposed facility will not impact property values; Numerous studies of much
larger lattice and guyed design towers have shown no correlation between tower
construction and property values;
(2) The proposed use will not impede the normal and orderly development and improvement
of surrounding property; The location and design of the facility were carefully chosen to
minimize impact on the area; Furthermore, the facility has the potential to aid development
and improvement, by allowing for improved wireless communications in the surrounding
area;
(3) See attached site plan and survey;
(4) Once constructed, the proposed facility will emit no odor, fumes, dust or vibration, The
only sound emitted by the facility will come froMr small air conditioning units, similar to
home a/c units; The site will be unmanned, visited routinely throughout the year for
maintenance;
(5) The location and design of the facility ensure harmony with surrounding uses and minimal
visual impact-, See site plan and printed PowerPoint presentation for illustration;
(6) The proposed facility will improve wireless communications available to the community;
Additionally, it will help enhance the accuracy of current and future location -based
technologies that allow 911 operators and other emergency workers to better pinpoint the
location of a mobile phone user, It is therefore compatible with and consistent with the
purposes and intent of all applicable codes and the comprehensive plan.
T- Mobile asks for your approval of our SUP application. Please call me if more information is needed.
can be reached at 469.360.0148 or 713.407.3492.
• Page 3
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