HomeMy WebLinkAboutPO 6019: Z09-02 (SUP 208) - VERIZON WIRELESSINTEROFFICE MEMORANDUM
To: STEVE FITZGIBBONS, CITY MANAGER & CITY COUNCIL
FxoNt: COLLEEN RUSSELL, DIRECTOR OF PLANNING
sus~cr: Z09-02 (SUP 208) -UNMANNED CELLULAR
COMMUNICATION TOWER, APPROXIMATELY 160-FOOT
TALL MONOPOLE AT 6401 S. TWIN CITY HWY, WEST OF HWY
347 (TWIN CITY) AND NORTH OF 60'H STREET
nnxe: 07/17/09
BACKGROUND:
The City Council unanimously approved this 160 foot cell tower July 14, 2009, on
account of resolution 09-247 passed on June 16, 2009 requesting the public
hearing. Likewise Planning and Zoning commission approved this zoning
request for an unmanned cellular communication tower unanimously on
Monday, June 1, 2009 in accordance with the Ordinance 97-65, the subdivision
ordinance, City codes and FAA approval submitted. Verizon Wireless proposed
site is on United Insulation Sales Fabrication, Inc (Blackhawk Specialty) property
owned by Mike and Kathy Brau. The cellulaz tower will be surrounded by an
eight-foot chain link fence enclosing a 65' X 65' area that will also contain a 12' X
28' prefab aggregate stone building that will house the tower's electronic
switching equipment and backup generator.
Applicant - Verizon Wireless Owner(s) -Mike and Kathy Brau
RECOMMENDATION:
The Council approves proposed ordinance (P.O.) 6019 with stipulations therein
PUBLIC COMMENT:
Three property owners were notified of the proposed zoning change.
1
Speaking
Protest - 0
Approval -1 (Verizon Representative)
Written
Protest - 0
Approval - 0
BUDGETARY/FISCAL EFFECT: None
STAFFING/EMPLOYEE EFFECT: None
SUMMARY:
The approval shall be in line with the criteria set forth in the Ordinance 97-65 and
applicants shall adhere to all other ordinances, federal and state regulations
related to this structure's implementation.
_i
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2
P.O. NO. 6019
07/17/09 CWR
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY GRANTING A SPECIFIC
USE PERMIT FOR VERIZON WHiELESS TO INSTALL A 160
FOOT CELL TOWER ANTENNA ON 0.0970 ACRES OUT OF A
3.667 ACRE TRACT-116D, FROM THE T.F. MCKINNEY
LEAGUE, A-41, AKA 6401 SOUTH TWIN CITY HIGHWAY
PORT ARTHUR, JEFFERSON, COUNTY, TEXAS;VIOLATION
OF THIS ORDINANCE (OR THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR) IS PUNISHABLE AS
PROVIDED IN SECTION 1-13 OF THE CITY ORDINANCES AS
AMENDED BY FINE NOT EXCEEDING TWO THOUSAND
[$2,000.00] DOLLARS; THE ZONING IS MULTI-FAMILY AND
WILL REMAIN SO; PROVH)ING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR
AND EFFECTIVE IMMEDIATELY AFTER THE
PUBLICATION DATE.
Z09-02 - (SUP 208) VERIZON WIRELESS
WHEREAS, Article XI of the Charter and the Zoning Ordinance, of the City of Port
Arthur, Texas, including the Local Government Code, Sections 211.006 and 211.007, having been
fulfilled, the City Council held a public hearing on July 14, 2009 at 9:OOAM; and
WHEREAS, the proposed change has not been protested in accordance with subsection (d)
of said Section 211.006 and is in compliance with Sections 211.010-211; and
WHEREAS, having received and considered the recommendation of the Planning and
Zoning Commission that the proposed change be approved, the City Council finds that it would be
in the public interest and general welfaze of the City to provide a specific use permit for the
described property; and
P.O. N0.5931
10/07/08
Page 2 of 4
WHEREAS, subsections (d) and (f) of Section 211.006 Local Government Code, Section
24-105 of the City Zoning Ordinance, does not apply for the proposed change to take effect;
therefore, the affirmative vote of less than three-fourths of all members of the City Council (i.e.,
at least seven [7] members) is not necessary.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
SECTION 1. That the Specific Use Permit -SUP208 be granted for a communication
tower on the following lot
Approximately north of 60`" Street and west of State Highway 347 (Twin City Highway)
6401 S. Twin City Highway, AKA- 0.0970 acres of Tract 116D,
T.F. McKINNEY LEAGUE, No. 4, A-41, Port Arthur, Jefferson County, Texas
EXHIBIT "A"
The entire lot of 3.667 acres is shown by SH-347
Exhibit "B"
FAA Approval & Ordinance 97-65 explaining specific condiions for antennae usage
Exhibit "C"
The zoning district "HC" (heavy commercial) remains unchanged.
SECTION 2. That the Specific Use Permit shall be issued subject to the following
mandatory conditions:
• That the owner shall permit co-locaters when feasible and the height shall not
extend beyond 160 feet;
• The City Codes, FCC (Federal Communication Commission) and FAA (Federal
Aviation Administration) regulations shall be upheld.
P.O. N0.5931
10/07/O8
Page 3 of 4
SECTION 3. That the Building Official and the Director of Planning are authorized and
directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas" on file in
the offices of the Building Official and the Planning and Zoning Commission, so as to reflect on
said Map, the changes hereby made in conformity with the legend of said Map.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is For any reason held invalid or unwnstitufional by any court of competent jurisdiction,
such portion shall be deemed a sepazate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith aze hereby
repealed, but only to the extent of said conflict.
SECTION 6. Any person, firm or corporation who violates any provision of this Ordinance
or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine
not exceeding Two Thousand ($2,000.00) Dollars as provided in General Provision -Section 1-8
of the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute
a separate offense.
SECTION 7. This Ordinance or its caption and penalty shall be published at least one (1)
time within ten days after final passage hereof in the official newspaper of the City of Port Arthur.
This Ordinance shall take effect immediately after the date of such publication.
SECTION 8. Because Section 24-105 of the Zoning Ordinance does apply, seven (7) votes
aze not required to adopt this ordinance to pass.
P.O. NO. 5931
10/07/08
Page 4 of 4
READ, ADOPTED AND APPROVED this day of July, A.D., 2009 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR
COUNCILMEMBERS
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PLANNING
EXHIBIT "A"
(Site Plan where tower will be installed)
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Ordinance 97-65 explaining conditions
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„~v i,t. ORDIIVANCENO.~(OJ
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'"<~Q ~~ ~/ AN ORDINANCE AMENDING TIIE ZONING ORDINANCE
_ ~:' ~', OP THE CITYOFPORTARTIIURBYPROVIDINGPOR
r•%~ ,THE CObID111NICATION TO WERUSE; PROVIDING
'"~_"-~'' i` STANDARDSPORSUCII•
-...._ . - O12DINANCE OR TIlE ZONBVG ORDLYApNC~Or TIIE
CITY OP PORT ARTll UR IS PUNISIIABLE AS PROVIDED
IN SECTION 1-8 OF TIIE CODE OF ORDINANCES AS
AMENDED BY PINE NOTEaCEEDING TWO TIIOUSAND
(52,OOO.OOj DOLLARS); AND PROVIDING TOR
PUBLICATION IN TIIC OFFICIAL NEWSPAPER OR THE
CITY Or PORT ARTHUR AND EF ~ ~ CTFirE; '
I14I11IEDIATELY AITERPUBLICATION DATE.
f FFFCTyI'c J_.
.9 9 9TF
WIIEREAS, all the requirements of Article XI of the Charter and the Zoning Ordinance,
of the City ofPprt Arthur, Texas, including the Local Government Code, Sections 21 ].006
and 211.007, having been fulfilled, the City Council held a public hearing, November 4, at
7:00 P.M and,
tiVIIEREAS, having received and considered the recommendation of [he Planning and
Zoning Commission that the proposed dtangc be approved, Ute City Council finds that it
would be in the public infcrest and general welfare of Ute City to change the Zoning
designation of the hereinafter described property; and, now therefore;
BE IT ORDAINED BY THE CITY COUNt~, OF TIIE CITY OF PORT ARTHUR:
SECTION 1. That Ordinance No. S9-S4 (codified as Code Appendix F of the Code of
Ordinances), as amended, be amended replacing the "Radio, TV or microwave tower" use in
Ure Schedule ofUses of Section 7 with the" Antenna Support, Commercial" use. The
Schedule ofUses should indicate to "See Section 22-101 for Regulations" . The Schedule of
Uses should also indicate the Special Condition (27) applies.
SECTION 2, THAT subsection 22-101 (Special Conditions by Use) is amended by adding
the following:
(27) Antenna Support, Commercial -The "Antenna Support, Commercial" use shall include
but not be limited to Radio, TV, Ivlicrowave and Communications towers and wpport
structures and arc subject to the following regulations:
a. In all residential zoning districts (A, SF, ZF, Ivff and IvIII), commercial antennas and
antenna support structures arc prohibited, except as specked within Utis section.
1. A commercial antenna maybe attached to a utility structure (eg., electrical
transmission/distributiontower or elevated water storage tank) exceeding 75 feef in
height, provided that the antenna does not extend more than 10 feet above the height
of the utility structure.
2. A commercial antenna may be placed wholly within any building permitted in the
zoning district. A commercial antenna maybe mounted Bush to the exterior of a
building if i[ is painted and integrated into the overall architectural design.
r.o. No asa7
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rage z of 3
b. In non-residential.zoning disVicts (NS, LC, HC, and I) commercial antennas and
antenna support srucNres are allowed as follows:
I . Commercial antenna support stntctures are allowed by right if they are 35 feet or less
in height and by Specific Use Permit (SUP) if over 35 feet in height. In all nan-
residentialzoning districts, antenna support structures must meet the setback
requircmenls ofthc Single Family zoning District.
2. A commercial antenna may be attached to a utility structure (e.g., electrical
transmission/distribution tower or elevated water storage tank) exceeding 75 feet in
height, provided that the antenna does not extend more than 10 feet above [he height
of the utility structure.
?. A commercial antenna may be placed wholly within any building permitted in the
zoning district. A commercial antenna may be mounted flush to the building if it is
painted and integrated into the overall architecNral design.
No commercial support structure shall 6e closer to any residential district boundary line
than a distance equal to the sum of the required yard setback specified for [he zoning
district in which such stmcNre is located, plus 25 feet, plus twice the height ofthe
portion of the structure above two stories (23 feet). Such distance shall be measured as
the shortest possible distance in'a straight line from the sttttuure to the closest point of
a residential district boundary line. Setbacks from residentially zoned property do not
apply to antennas attached to utility structures exceeding 75 feet in height, or to
antennas placed wholly within a building. _
d. Other Regulations
1. No commercial antenna, antenna support strucure, microwave ref]ector/antenna or
associated foundations or support wires may be located within any required front,
side or rear yard.
2. All commercial signs, flags, lights and attachments outer than those required for
communications operations, stmcNraCstability or as required far flight visibility by
the Pedeml Aviation Administration (FAA) and Federal Communications
Commission (FCC) shall be prohibited on any antenna orantenna support structure.
3. All publicly owned antennas or communications structures shall be permitted in
any district.
S1;CTiON 3 If any sectioq subsection, sentence, clause, plvase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such fiolding shall not a(fcct the validity of the remaining portions hereof.
SrCT1ON a All ordinances and parts of ordinances in conflict herewith arc hereby
repealed, but only to the ectcnt of such conflict.
ST;CTTON 5. Any person, firm orcorporalion who violates any provision of this
Ordinance or the City's Zoning Ordinance shalt be guilty of a misdemeanor and shall be
punished by a fine not exceeding Two Thousand ($2,000.00) Dollars as provided in Section
I-8 of ttte Code of Ordinances, and each day such violation shall be permitted to exist shall
constitute a separate offense.
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