Ordinance No. 11,512(,)PtE)tNANCI-`, NO. 1 1,512
. A,N OPL)INANCE OF '11112 CIT's, cownscii. toi, witv crm, or, javvToxwo
Tmoxv, GRAN,'I'l-NC-i A SPECIAL USE PF',R Two IFF TO C71104TIMPOINT
E 10 EJ1 U N" I IWArFON FLECA-RIC, 1A.C, 14) I-(,-)(:'A'YL�, A 190-17001,
ARAWER AT 333 WARD RC)AIJ, BAY-FONAIN
ITARRIS C*C)L,JN-I-Y, 'ALVIIAORIZIP-M ANO rmmurnwo Turr,,
motycm Tu Eximu'ru mm ruw cTTY C'I-FA'Z-K A-0 Al"I'LES'l- J'C) S(-?,CII
immmin nom nwivirmom I Rl 11 IF7, EF"T"ITCAIVE IN. ME TI IFIRR(...aF.
* * * * * * * * * * * * * * * w * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 41 * * * 4, *� * 14,; 4�; * * * * * * * * * * * W
BE 11' ORDAINED BY THE (711 7Y COUNCIL 011 111E C"I'' OF BAY-1 CAN XIM
Section 1: rvat the city council car the city or BayLoWil, heretly grants a
Speehil Use IlemAt W Centerilvint Energy Ih-)uston LAX-% it) 1(acate zi 190-fo,ot
Et,,ower at 333 Waml Road, Baytown I-Inamis CA)untly, 'I Xwvs, A Copy of Said
petimit in; aunched hereto, marked "A," aud runiLle a part hereof t-m- ,,III intent and
purposes.
Section 2: 'Fhat the My Council of the City of Baylo"qn 'Texas, 1wreby audumizes
a%Ild dirCCtS the Mayor 10 CXCCLUC and the CAly CAcrk to aunst to We Special Use Permit
incoqiorated herein.
St.-ctioml 3- lIfis cwdhlm-ICQ, Shall take etTect imiriediately fr(.-ml -And afle• its ]-)a: sllgc by
1110 City Cotmeil (11' tile, C:'ily fc-W
IN'VR(,)DU(MFX READ m"d 1"ASSLELD, by the arlirtwitive 2 Of the City Council 'L')f" 11-i4
City or Baytown this the 9't,' day of flecember, 201 0,
�A C 7 1 M C) R-e,* I RF-Z, 2 it Y
STIVIIIIESTArl. N/layt)r
R-A<�I� I (ADeem"Mv 9W A"f""ad"hmdoc
Permit No. 2010SUP001
Exhibit "A"
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 Timothy Dumah, authorized agent for
the property owner, CenterPoint Houston Electric, LLC (the "Applicant ") for property located at 333
Ward Road, Baytown, 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 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 Planning and Zoning 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 2
below and 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
Permit No. 20 IOSUP001
(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 333 Ward Road, Baytown,
Harris Coiinty, Texas, more fully described as Tract 1K, Abstract 66, W Scott Survey and Tract 9Z -I,
Abstract 113, W Britton Survey, Baytown, Harris County, Texas, is hereby granted:
To install a telecommunication tower with an antenna 190 feet in height,
pursuant to Chapter 21, Article III of the Code; provided on the
conditions that: 1) the tower shall be designed and installed so that the
tower will remain within the property's boundaries if it should fall; 2) an
opaque buffer fence in accordance with Chapter 18 "Buildings and
Building Regulations," Article XII "Fencing," Division 2 "Buffer
Fencing" of the Code shall be provided; 3) the setback of 825 -feet
between the tower and the closest residential -use property outlined in
Section 21 -112 "Tower Location Standards," paragraph (b) of the Code
be reduced to 445 -feet; and, 4) an exception is hereby granted by the City
Council and the requirement of the Applicant to plat in order to receive
this Special Use Permit as outlined in Section 21 -123 "Application,"
paragraph (b) of the Code is hereby waived.
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 herein below.
SI(NED on this the 9th day of December, 2010, after passage bye e City Council of the City of
Baytown. i
CARLOS, Mayor
ATTEST:
LETICIA GARZA, City Clerk
APPROVED AS TO FORM:
1GNACIO RAMIREZ, Sr., City Attorney
Special Use Permit, Page 2