Ordinance No. 14,763 ORDINANCE NO. 14,763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A VARIANCE TO THE SETBACK REQUIREMENTS OF CHAPTER 21
"CABLE, TELECOMMUNICATION REGULATIONS, AND RiGHT-OF-WAY
REGULATIONS" ARTICLE III "TELECOMMUNICATION REGULATIONS,"
DIVISION 2"STANDARDS," SECTION 21-112 "TOWER LOCATION STANDARDS"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; GRANTING A SPECIAL
USE PERMIT TO VERTICAL BRIDGE DEVELOPMENT, LLC, TO LOCATE A 130-
FOOT TALL MONOPOLE ON A 60' X 60' PORTION OF A 10-ACRE TRACT OF
LAND GENERALLY LOCATED SOUTH OF DECKER DRIVE AND EAST OF
AVENUE J, AND LEGALLY DESCRIBED AS TRACT 22 IN THE W SCOTT
SURVEY, ABSTRACT NO. 66, 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.
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 2 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,Telecommunication,and Right-of-Way 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;
Requirement Variance Granted
Tower must be 350 feet The tower must be located at least
from any property which is within an 497.7 feet from any property which
SFE,SF1, SF2,MFi. MF2,MF3, is within an SFE,SFI,SF2, MFi,
UN,NSC, LC,or ACE zoning MF2, MF3, UN, NSC, LC,or ACE
district or is used for residential Zoning District.
purposes.
Fall zone(equal to the longest
dimension of the tower)to be located Fall zone area is reduced to the 3,600
within property boundaries and avoid square feet of the leased area
habitable structures,public streets, property(60'x 60').
utility lines and other antennas or
towers.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants a Special Use
Permit with the conditions stated therein to Branch Towers III, to locate a 130-foot self-supporting
monopole telecommunications tower on a 60'x 60'portion of a 10-acre tract of land generally located south
of Decker Drive and east of Avenue J, and legally described as Tract 22 in the W Scott Survey, Abstract
No. 66, 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 3: 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 4: Nothing herein shall be construed as to authorize any other variance or exception
from Chapter 21 "Cable, Telecommunication, and Right-of-way Regulations," Article III
"Telecommunication Regulations" of the Code of Ordinances, Baytown, Texas, or any other provision of
such Code.
Section 5: 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 this the 81h day of July,2021. <.4 6,ALZ A'Q�_
B NDO CAPE ILL ,Mayor
ATTEST:
ANGELA J KSON, Interim City Clerk
APPROVED AS TO FORM:
REN L. HORNER, City Attorney
R:\Karen Homer\Documents\Files\City CounciWrdinances\2021 Vuly 8\SUP4MonopoleTowerLDecker&AvenueJ.docx
2
Exhibit "A"
Special Use Permit No. 202 1-001
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 Robert Thomson, of Thomson Wireless for and on behalf of the
land owner, Cobra Mag Holdings, LLC (the "Applicant"), for 10-acre tract of land generally
located south of Decker Drive and east of Avenue J, and legally described as Tract 22 in the W
Scott Survey, Abstract No. 66, 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 conditions set forth in Section 2 of this
ordinance 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 an affirmative finding that all of the
following objectives and conditions, specified in Section 1.26 (d) "Approval criteria for special
use permits," were met:
(1) That the specific use will be compatible with and not injurious to the use and
enjoyment of adjacent property or property immediately across the street, and not
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 prior to the issuance of a certificate of
occupancy;
(4) That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, light, noise and vibration prior to the
issuance of a certificate of occupancy;
(5) 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 in accordance with the comprehensive plan and generally
consistent with the ULDC; and
(7) That the site plan meets the criteria set forth in Section 1.26(e) of the ULDC;
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Special Use Permit, Page 1
Special Use Permit No. 202 1-001
Section 1: The findings contained in the preamble hereof are declared to be true and
correct and are hereby adopted.
Section 2: That subject to the conditions of the Special Use Permit granted in Section
2 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,
Telecommunication, and Right-of-Way 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:
Requirement
Tower must be 525 feet The tower must be located at least
from any property which is within a 497.7 feet from any property which
SFE,SF I,SF2,MF1,MF2,MF3, is within a SFE, SF I,SF2,MFI,
UN,NSC,LC,or ACE zoning MF2, MF3,UN,NSC,LC,or ACE
district or is used for residential Zoning District.
purposes.
Fall zone(equal to the longest
dimension of the tower)to be located Fall zone area is reduced to the 3,600
within property boundaries and avoid square feet of the leased area
habitable structures,public streets, property(60' x 60').
utility lines and other antennas or
towers.
Section 3: Nothing herein shall be construed as to authorize any use other than the
uses 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 and revocation requirements as
provided in the ULDC.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 8th day of July, 2021.
BRANDON CAPETIELLO, Mayor
ATTEST:
ANGELA JACKSON, Interim City Clerk
APPROVED AS TO FORM:
KAREN HORNER.) City Attorney
Special Use Permit, Page 2
Exhibit "A"
Re: City of Baytown—Telecommunications Special Use Checklist
Applicants Statement
The reasons for this Special Use request are to allow for the extension of the height of a
communications facility that is allowed by right in the current zone, which is General
Commercial (GC). This is found in Sec 21.112 (f). Branch Towers is proposing to erect a 130'
monopole that will accommodate up to 4 carriers. Initially we have T-Mobile as the anchor
tenant. There are no other towers within at least% of a mile and believe there are no even
within % mile of this proposed site.
The other variance is 21-112(c). This deals with the fall zone. We are proposing to place our
compound near the northern border. The tower could be designed that should it fail it would
fall into the property. The northern property line borders with State of Texas ROW. So the
impact would be limited to the utility lines that run along the property line on the northern
border in the unlikely event the tower fails.
The SUP will allow this tower to have additional carriers, requiring fewer towers in this
coverage area. The current zoning for the area is GC. The current property is vacant although
this development would still allow for any additional development of this tract. This use is
allowed by right up to 85' so this additional height will allow for more users in a location
already deemed suitable. In addition, we included some coverage maps provided by T-Mobile
to show the improvement in coverage of the proposed location.
The SUP will not impede the normal and orderly development as mentioned above, there is no
barrier for the improvement of this property or others in the surrounding areas with the
proposed development of this telecommunications facility.
As can be noted on the drawings,this proposed development will sit near the north end and
will be fully engineered, taking into consideration the environmental aspects. It will have
access/egress along with power and fiber nearby.
The granting of this SUP allows this proposed telecommunications facility to be placed in an
area that is currently away from business and homes. This site does not create any type of
noise,fumes,vibrations or other nuisances.
Our goal with this application is to assure the city that Branch Towers will be in compliance with
all requirements for developing this communications facility to include any landscaping,
screening and other land use measures that will ensure harmony and compatibility with the
adjacent property.
To the best of our knowledge, it is believed that we are in compliance with the comprehensive
plan and generally consistent with the purposes and intent of this Code.
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T-MOBILE SITE NUMBER: NIA
T-MOBILE SITE NAME: DECKER T • -Mobile.
1 P BRANCH TOWERS III, LLC SITE NUMBER: TX-0165
T 11 ■ BRANCH TOWERS III, LLC SITE NAME: DECKER N
P I' SITE ADDRESS: 1803 DECKER DRIVE
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363 N.SAM HOUSTON PARKWAY E HOUSTON,TX 77060 PROPOSE TX 0'MO
NEW EQUIPMENT AND ANTENNAS ON: PROPOSED 130'MONOPOLE
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