Ord. 2000CUP-23 2008-10-13ORDINANCE NO. 2000CUP-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY,
BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 10.005 ACRES,
MORE OR LESS, BEING ALL OF MINOR PLAT OF KNIGHTS OF COLUMBUS
COUNCIL NO. 8960, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS ACCORDING
TO THE OFFICIAL MAP OR PLAT THEREOF RECORDED UNDER CLERK'S FILE
2008018242 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, LOCATED
AT 2320 HATFIELD ROAD, (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-23), TO ALLOW CELLULAR COMMUNICATIONS TOWER/PCS IN THE
GENERAL BUSINESS RETAIL DISTINCT (GB), AT THE REQUEST OF T-MOBILE,
APPLICANT AND PEARLAND HOME ASSN. OWNER; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY, AND WELFARE OF THE CITIZENRY.
WHEREAS, T-Mobile, applicant for Pearland Home Assn. owner, filed an
application for a Conditional Use Permit for certain property, said property being legally
described in the original applications for amendment attached hereto and made a part
hereof for all purposes as Exhibit "A", and more graphically depicted in the location map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 22"d day of September, 2008, a Joint Public Hearing was
held before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 22"d day of September, 2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by T-Mobile, applicant for
ORDINANCE NO. 2000CUP-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY,
BEING THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 10.005 ACRES,
MORE OR LESS, BEING ALL OF MINOR PLAT OF KNIGHTS OF COLUMBUS
COUNCIL NO. 8960, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS ACCORDING
TO THE OFFICIAL MAP OR PLAT THEREOF RECORDED UNDER CLERK'S FILE
2008018242 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, LOCATED
AT 2320 HATFIELD ROAD, (CONDITIONAL USE PERMIT APPLICATION NO.
CUP2008-23), TO ALLOW CELLULAR COMMUNICATIONS TOWER/PCS IN THE
GENERAL BUSINESS RETAIL DISTINCT (GB), AT THE REQUEST OF T-MOBILE,
APPLICANT AND PEARLAND HOME ASSN. OWNER; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY
BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF
THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH,
SAFETY, AND WELFARE OF THE CITIZENRY.
WHEREAS, T-Mobile, applicant for Pearland Home Assn. owner, filed an
application for a Conditional Use Permit for certain property, said property being legally
described in the original applications for amendment attached hereto and made a part
hereof for all purposes as Exhibit "A", and more graphically depicted in the location map
attached hereto and made a part hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 22"d day of September, 2008, a Joint Public Hearing was
held before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C", said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 22"d day of September, .2008, the Planning and Zoning
Commission of the City submitted its report and recommendation to the City Council
regarding the proposed Conditional Use Permit application by T-Mobile, applicant for
Pearland Home Assn. owner, whereby the Commission recommended approval of the
ORDINANCE NO. 2000CUP-23
Conditional Use Permit, with conditions, said recommendation attached hereto and
made a part hereof for all purposes as Exhibit "D"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and the recommendation of
the Planning and Zoning Commission at a regular meeting on October 13, 2008; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of T-Mobile, applicant for Pearland Home Assn. owner, presented
which, in the judgment of the City Council, would justify the approval of said application;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate limits of
the City of Pearland, Texas, and presently classified as General Business Retail Distinct
(GB), is hereby granted a Conditional Use Permit to allow Cellular Communications
Tower/PCS; such property being more particularly described as:
Being that certain tract or parcel of land containing 10.005 acres, more or less, being all
of Minor Plat of Knights of Columbus Council No. 8960, a subdivision in Brazoria
County, Texas according to the official map or plat thereof recorded under Clerk's file
2008018242 of the Deed Records of Brazoria County, Texas(Located on 2320 Hatfield
Road).
with the following conditions:
1. The facility be fully enclosed in a masonry building or by brick walls, tall enough
to obscure the equipment, transformer, and bridge, with landscaping around, to be
compatible with the character of the general area.
Page 2 of 4
Ord No 2000CUP-23
ORDINANCE NO. 2000CUP-23
2. A paved road be provided to access the facility.
3. Stealth technique: specifically a flag pole or single mono pole, with no exterior
mounts, be considered to ensure that the facility is compatible to the area.
4. A detailed site plan showing the type and amount of landscaping, type and
height of fencing, setbacks of the proposed tower and leased area from the property
boundaries, and paving of the access road be provided.
5. A 20 foot wide landscaped buffer with trees, at least 6' at planting and up to a
minimum of 20' tall at full growth, be provided in the north west area of the subject
property abutting residential uses, to provide visual screening, and seek input from staff
and neighbors approval.
Section II. The City Council of the City of Pearland finds and determines that
the recitations in the preamble hereof are true and that all necessary prerequisites of
law have been accomplished. The City Council further finds and determines that there
has been compliance with the mandates of law in the posting and presentation of this
matter to the Planning and Zoning Commission and to the City Council for consideration
and decision.
Section III. The City Council of the City of Pearland finds and determines that
the approval herein granted promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City's police powers.
Section IV. If any section, subsection, sentence, clause, phrase, 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 holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Page 3 of 4
Ord No 2000CUP-23
ORDINANCE NO. 2000CUP-23
Section VI. This Ordinance shall become effective after its passage and
approval on first and only reading.
Section VII. Declaration of Emergency. The Council finds and determines that
the need to regulate land use inures to the benefit of the public and, therefore, bears
directly upon the health, safety, and welfare of the citizenry; and that this Ordinance
shall be adopted as an emergency measure, and that the rule requiring this Ordinance
to be read on two (2) separate occasions be hereby waived.
PASSED, APPROVED, AND ADOPTED ON FIRST AND ONLY READING this
the 13t" day of October, 2008.
TOM REID
MAYOR
ATTEST:
``o Q~~a~
m~..:
Y NG O F N , TR ~ ~"~.,
APPROVED AS TO FORM:
~..--- / f
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-23
Exhibit "A"
Application
Ordinance No. 2000CUP-23
AUG 2 ti 2000
CUP APPLICATION 1 OF 2 (Updated May 2008)
City of Pearland
'~` ''~ r` APPLICATION FOR Community Development
3523 Liberty Drive
(Community Center)
' '= ` ~~-~ A CONDITIONAL USE
Pearland, Texas 77581
~~°t'~~" PERMIT (CUP) 281-652-1768
281-652-1702 fax
www. cityofpearla nd. com
Conditional Use Permit Request for: C 2 l ~ u ~ q ~ 1 ~~
C~ ~ Irnt.t rn ~ C~a ~;- ~ -~ ~ S
(Itst proposed use from the Table of Uses of the UDC)
_ ~~~~P r f ~~Cs .
Current Zoning District: _~~ ,~ la t `
P ~r A ~ ~ ~.I S I Vl~ S S ~2 -1~a t ~ !J .- C ~{ tt ~
t y'~ L ~-y,~ ~'
Property Information:
Address or General Location of Property: ~. 3 ~ M ~ t 1 ~ ' 7
Tax Account No. C~ Lj ~ I_1 - (~ ~ y '~ ,, `
Subdivision:~,,~or 4~\a~ o~ ca'S,~`~• i ~`~p~c ~'s
Lot:_ ~--~ ~ Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME_~C~~r~ , ~nrl HO yy~,~ ,~ GS Il
CITY_ p't4Y~Cc~p~ STATE. 1 ~! ZIP 7 ~~j
PHONE(~)~ B 5' ~ ~ (`14 7
FAX(-~j N /~
E-MAIL ADDRESS~~ ,~
APPLICANT INFORMATION:
NAME T- M t3lp, ~ O
ADDRESS ~ r n ~~A t~~ ~`~ r, ~ S,A,~ (~C1C7
CITY_ LI,;~t,, ~J,c, ;,~, STATE-ZIP ~ (~ ~ (~
PHONE `7 ~" ~t~f~ - ~n(~ ~ ~
E-MAIL ADDRESS Glh-~~.,o-~.~~I ~ g~ W0.V ~u ~ y e,,~~~1~
"Property owner must be the current owner of the property at the time of submittal of the application, and not the party ~~
that has the property under contract.
As .owner and applicant, (hereby request approval of the above described request as provided for
by the Unified Development Code of the City of Pearland.
Owner's Signature: ~ n ~ r~
Agent's Signature:
u5E ONLY:
DATE
pom. ~• ZZ•UT
Date:_~ ~ r-- t ~ -_ o ~'
Date: ~ v° - I q - v o
Application No.
AUG 2 ~ 1008
T ~~
In accordance with Sections 2.2.3 and 2.5.5 of the Unified Development Code (LTDC), T-
Mobile Texas, L.P. (T-Mobile) submits this statement in support of its application to the
City of Peazland for Conditional Use Pennit and other necessary permits and approvals to
construct, operate and maintain a wireless telecommunications facility (WTF) at 2320
MP Hatfield.
Introduction
T-Mobile operates a Personal Communications Service (PCS) system throughout the
United States, providing the latest in wireless communications services. T-Mobile is one
of the fastest growing nationwide wireless service providers, offering all-digital voice,
messaging and high-speed wireless data services to more than 25 million customers in the
United States. T-Mobile utilizes one digital standard for communication throughout the
United States and internationally: the GSM (Global System for Mobile Communications)
standazd, allowing subscribers to use T-Mobile services seamlessly throughout the
country and throughout the world. T-Mobile as been repeatedly rated highest in customer
satisfaction by J.D. Power and Associates, and is the only wireless carrier to be included
in BusinessWeek Magazine's 20071ist of the nation's best customer service companies.
As wireless has matured, wireless phones and devices have become so commonplace that
they are no longer a luxury, but a necessity. More than 76% of Americans won a wireless
phone, and this number keeps growing. Not only are there more wireless users every day,
the average subscriber uses more and more minutes each year. As time has gone by,
people's attitudes and uses far the technology have changed. Those who once used cell
phones primarily for emergencies and while traveling now use their wireless handset as
their primary means of communicating. The majority of 911 calls are placed from a cell
phone. Many Americans use their wireless phones more than their home or work
landlines, and a growing number of Americans are ditching their landlines altogether.
Additionally, a-mail, Internet browsing, and text messaging, video messaging and other
uses are growing by leaps and bounds. As a result of all these changes, the expectations
of the customer have changed. Good car coverage on the major roads and highways is no
longer enough. Wireless subscribers expect to be able to use their cell phones wherever
they go. In order to meet these expectations, wireless networks that once focused
primarily on users in their vehicles are now being expanded to provide service to people
wherever they live, work and play. This--combined with an increased national attention
on safety and security, as well as FCC directives and laws governing wireless as it relates
to 911 emergency calls-have led to intense focus by T-Mobile on addressing the
coverage demands and increasing the safety and security of our customers, through the
deployment of additional Wireless Telecommunications Facilities throughout the United
states.
The Technology
GSM is similar to the older cellular services that were introduced three decades ago, but
with many enhanced features. An extension of the ordinary telephone, GSM utilizes radio
waves in place of wires to transmit and receive calls. It is similar to radio and TV
broadcasts, but the signals utilized by wireless telephones are much weaker, as they
utilize two-way communication (handset to base station and vice -versa) and provide
signal to a much smaller service area ("cell"). T -Mobile operates in the 1800-2000
megahertz range of the UHF band. T -Mobile's antenna will be operating at an ERP of
100-1000 watts maximum (similar power levels to a remote control car, heating blanket,
or hair dryer).
The proposed communications facility will not interfere with either television or radio
reception, as T -Mobile is licensed by the FCC to operate in a very specific frequency
range at a different location on the radio spectrum.
The Proposal
T -Mobile has entered into a lease agreement with the property owner to lease space for
the monopole and related ground equipment. The proposed facility will be comprised of a
fenced equipment compound located within the lease area, containing a 90' self-
supporting monopole structure and the necessary transmitting/receiving equipment. The
facility will be fenced and locked, accessed from Hatfield Road using the driveway
currently existing on the parent tract. The facility will be unmanned, visited for routine
maintenance (typically once per month or less). The facility will emit no noise, glare or
order, and will have no signage other than those required for identification or to comply
with federal, state or local laws. The facility will comply with the strict guidelines of the
FCC and FAA, which are designed to protect public safety. To ensure structural integrity
of the tower, T -Mobile will construct and maintain it in compliance with all federal, state
and local building codes and standards, and it will be engineered to local wind speed
requirements.
Site Selection/Desien
The proposed site is critical for complete coverage for users living and working in and
traveling through the surrounding area, including the surrounding residential and
retail/commercial areas. Current coverage is too weak to adequately serve the growing
user base, especially users within residential or commercial buildings. The process of
developing GSM systems is similar to cellular development in that the Basic Trading
Area (BTA) regions are subdivided into very small geographic subsections or "cells".
Each cell site holds the radio equipment that communicates with the subscriber and must
be precisely located relative to other "cells", creating a communication grid system of
sorts. This grid system must reflect the topography and traffic (user population and
building density) of the cells, as well as the radius of the respective antenna's reliable
transmission area.
Since GSM technology uses weaker signals than radio, TV, or even analog cellular
technology, the antennas must be closer together than other types of antennas. T-Mobile
is acutely aware of citizen concerns regarding antenna support structures and is
committed to minimizing the visual impact of transmission structures in local
communities. As a result, T-Mobile has attempted to place as many of its antennas as
possible on existing structures (collocation) to avoid the need for new tower sites. In fact,
the majority of T-Mobile cell sites in Pearland and the greater Houston area are
collocations on existing support structures.
T-Mobile conducted a thorough investigation of the properties in the geographic area of
the proposed tower location and it was determined that no existing support structure
within a reasonable distance from the location that would be feasible for collocation and
would also meet T-Mobile's engineering requirements. T-Mobile then searched for an
appropriate location nearby for a new antenna support structure.
T-Mobile carefully selected and designed the proposed facility to include a structure that
provides adequate height and range of coverage for GSM, and meets the goals of the
community. T-Mobile builds all new structures to accommodate antennas for additional
carriers (collocation), thereby reducing the proliferation of towers. T-Mobile chose a
"Monopole" tower design (similar to the galvanized steel poles used for light standards
along freeways) in order to minimize visual impact while still allowing the flexibility
needed for collocation.
The site is on property zoned GB. The property currently houses the Knights of
Columbus Hall, which is used for a wide variety of civic purposes uses. The property to
the South of the proposed site is commercial in use. The properties on the other sides of
the proposed location are residential. However, T-Mobile's proposed site is behind the
Knight of Columbus building and a storage building. Accordingly, the existing buildings
will provide natural screening of the site. In addition, the majority of the properties to
West of the proposed location are screened by mature trees. This is the best possible
location for the site, both from an engineering standpoint and from aplanning/community
perspective.
The benefits of wireless teclviology are evidenced by the tremendous growth in consumer
demand over the past few yeazs. Because they offer unparalleled convenience and safety
benefits, wireless services are an essential element of the community's infrastructure
portfolio. This proposal offers twin benefits from a public policy perspective. First, it will
enhance the City's technology infrastructure, making the area more desirable and safe for
residences and businesses alike. Every day, more than 290,000 wireless "911"
emergency calls are made from wireless phones. This facility will ensure those calls go
tluough and are maintained for users living, working and traveling through the vicinity.
Second, the proposal furthers the City's policy of collocation to avoid the unnecessary
proliferation of towers. T-Mobile feels that the proposed location, at a busy and growing
intersection, will be of interest to other carriers trying to keep up with customer demand
in Pearland.
T-Mobile's FCC license requires it to operate its system in a defined service region using
designated radio frequencies. Each site must be precisely located relative to other sites.
T-Mobile's system must reflect the contours and topography of the area and the radius of
the antenna's reliable transmission. The subject site was carefully selected in order to
have a minimal impact on adjacent or nearby properties. T-Mobile's network dictates that
a site be at this location to avoid a gap in service and improve areas of existing coverage
to allow for in-building service in this area of Pearland.
Zonin Com Hance & A location Merit
The proposed facility is in compliance with Section 2.5.5 (tower ordinance) of the
Unified Development Ordinance (UDO). The pertinent portions of the tower ordinance
aze repeated below, with project-specific responses.
Section 2.5.5.2 Conditional Use Permit Required
(a) Requirement & Procedures. Except as otherwise provided in this section, a person
may not construct, erect, or maintain a tower or antenna on any land located within
the City without first receiving a conditional use permit. The procedures of this article
relating to the application, processing, and determination of whether to grant a
conditional use permit, are in addition to any other provisions and requirements
contained in other articles of these zoning regulations relating to conditional use
permits.
In accordance with this regrrirement, T-Alobile is requesting a Conditional Use Permit.
(b) Exemptions.
(1) Rooftop mounted towers and antennas may be located on any buildings
serving a nonresidential use and on an alternative tower structure without
obtaining a conditional use permit, if:
a. The structure, other than a tower on which the tower or antenna will be
placed, exceeds fifty feet (50') in height;
b. The tower and antenna will add no more than twenty feet (20') total to the
height of the existing structure;
c. The tower or antenna does not contain advertising; and
d. It complies with the lighting regulations for towers as specified in this
division.
(2) Freestanding antennas do not require a CUP in any nonresidential zoning
district if it does not exceed the height requirement(s) in the district and it meets
all other requirements of the district.
The above does not apply to the proposed facility, as it is not a rooftop installation or
alternative tower structure. No such structures currently exist in the vicinity. The
proposed facility exceeds the height limits of 11re zoning district, so a CUP is required.
(c) Procedures. An application for a CUP for a tower, antenna, or use of an alternative
Power structure shall meet the procedural requirements set forth for a CUP contained
within Article 2, Division 3 of this Chapter 2.
(d) Effects Not Considered. The effects of radio frequency emissions on persons or the
environment must not be considered in a proceeding involving an application for a
conditional use permit.
(e) Application ~ Requirements. An application for a conditional use permit for a
tower, antenna, or use of an alternative tower structure must be made to the
Planning Department. An application will not be considered until it is complete. A
complete application must contain the following:
(1) An inventory of the applicant's existing towers that are either within the City or
within one mile of the corporate limits, specifying the location, height, and
design of each tower. The Planning Department may share the information
with other applicants for a conditional use permit under this article.
T-Mobile has attached a map showing all our existing cell sites in the Pearland area. Of
the 26 antentza sites in and around Pearland, only I1 are ot: towers owned by T-Mobile.
The remaining IS are cases N~here T-Mobile has collocated our antennas on existing
towers or potiver poles. This is a testament to T-1Llobile's commitment to collocation and
the reduction of tower proliferation.
(2) Site plans to scale specifying the location of tower(s), transmission building and
other accessory uses, street access, parking, fences, landscaped areas, and
adjacent land uses.
Prelinzina~y site plans are attached showing all required items. T-Mobile will work with
City stajf to enstn•e fencing and landscaping will comply with all requirements. T-Mobile
pla~zs to use a~z opaque fencing matet•ial arozuzd the compound, and will be happy to
discuss screeni~zg options with the City. T-Mobile chose a site location that is partially
obstructed from vieti~~ in several directions.
(3) A report from a professional structural engineer licensed in the State of Texas
documenting the following:
a. Tower height and design, showing across-section of the tower structure.
b. Total anticipated capacity of the tower structure, including the number
and types of antennas which can be accommodated.
T-Mobile will be happy to provide the above information to the Cit)~ when it becomes
available following CUP approval. T-Mobile intends to construct a monopole tJzat ~~ill
accommodate the mztennas of at least three PCS service providers.
(4) A letter of intent to lease excess space on the tower and to lease additional
excess land on the tower site when the shared use potential of the tower is
absorbed, if structurally and technically possible.
T-Mobile inte~zds to make space available on the monopole for lease to other ztsers for
collocation. It is common practice for T-Mobile and the other major wireless carriers to
collocate o~z each others' towers throughout the United States. T-Mobile has master lease
agreements ~+~ith the major carriers and toi~~er companies, and vice-versa. T-Mobile will
be happy to comply ~~~ith this requirement tivherever structurally atzd technically possible.
(5) Each applicant must make a good faith effort to substantially demonstrate that
no existing towers could accommodate the applicant's proposed antenna by
doing the following:
a. The applicant must contact the owners of all existing towers of a height
roughly equal to or greater than the height of the tower proposed by the
applicant. A list must be provided of all owners contacted, the date of the
contact, and the form and content of the contact. Where an existing
tower is known to have capacity for additional antennas of the sort
proposed, that application for a new tower is not complete until the owner
of the existing tower responds, unless the applicant submits sufficient
information for the Planning Department to determine that all reasonable
efforts to obtain a response have been made and further efforts would be
futile.
b. The applicant must request the following information from each tower
owner contacted:
1. Identification of the site by location, existing uses, and tower
height.
2. Whether each tower could structurally accommodate the antenna
proposed by the applicant without requiring structural changes be
made to the tower. To enable the owner to respond, the applicant
must provide each owner with the height, length, weight, and other
relevant data about the proposed antenna.
3. Whether each tower could structurally accommodate the proposed
antenna if structural changes were made, not including totally
rebuilding the tower. If so, the owner must specify in general
terms what structural changes would be required.
4. If structurally able, would shared use by the existing tower be
precluded for reasons related to RF interterence. If so, the owner
must describe in general terms what changes in either the existing '
or proposed antenna would be required to accommodate the
proposed tower, if at all.
c. The Planning Department must maintain and provide, on request, records
of responses from each owner. Once an owner demonstrates an antenna
of the sort proposed by the applicant cannot be accommodated on the
owner's tower as described below, the owner need not be contacted by
future applicants for antennas of the sort proposed.
d. Shared use is not precluded simply because a reasonable fee for shared
use is charged, or because of reasonable costs necessary to adapt the
existing and proposed uses to a shared tower. The Planning Department
and the City Council may consider expert testimony to determine whether
the fee and costs are reasonable. Costs exceeding new tower
development are presumed unreasonable.
There are no cellular towers or other structrn•es suitable for collocation near the area of
need. In fact, the nearest cellular tower is store than 1 mile from the proposed site, tii~hich
is entirely too far to serve the area of need.
(6) Any other information which may be requested by the Planning Department to
fully evaluate and review the application and the potential impact of a proposed
tower or antenna.
T-Mobile has met with City Planning Staff to regarding the proposal and would be happy
to provide any additional information requested by Staff
Section 2.5.5.3 General Requirements ~ Regulations
(a) Advertising. No advertising shall be permitted on an antenna or tower.
T-Mobile ti+~ill rtot place arty advertising on the site.
(b) Signs or Illumination. No signs or illumination shall be placed on an antenna or
tower unless required by the FCC, FAA, or other state or federal agency of
competent jurisdiction. The Planning Department may review the available lighting
alternatives and approve the design that would cause the least disturbance to the
surrounding uses and views.
The only signage will consist of a simple identifrcation sign with an emergency number,
as tnell as any other signage specifically required by the FCC, FAA or any other
government entity. The tower will not be lighted, and is not required by the FAA to be
lighted.
(c) Establishment. A new cell shall not be established if there is a technically suitable
space available on an existing tower within the search area that the new cell is to
serve. For the purpose of this article, the search area is defined as the grid for the
placement of the antenna.
As demonstrated on the attached coverage maps, the area the site needs to be located
tit~itliin in order to achieve coverage objectives is very small. The nearest existing towers
are not only too far m~~ay, bt~t T-tLlobile ah•eady has antennas mounted on many of them.
(d) Location. A tower shall not be located in the required front yard in a residential
district.
The proposed totit~er is not located iii a residential district.
(e) Tower Separation. All free-standing towers (not mounted on rooftops or alternative
tower structures) must conform to the.following minimum tower separation
requirements contained in Table 2-1.
Table 2-1
Towel Separation Requirements
Tower Herpht Bess 50' to 101' to Create
Than 50' 100' 950' Than 1'
Less Than 50'
HOC'
F,OO
75v .
1:'?QO'
50'tG 700' SDC' 7,0 t r00~ 1 °•GO'
101' I0 150' r'~C' I,uGO' 1,:.r]p ~„~
~
0'
Greater Tltan .
150' t.COu 1,F~]0' ~,rOJ , ~,CO,
There are no towers within 2000' of the proposed tower location.
Section 2.5.5.4 Visual Impacts
(a) Materials ~ Coloring.
(1) Towers must either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA or other applicable federal or state agency, be
painted a neutral color, so as to reduce visual obtrusiveness.
The proposed monopole will have a gah~anized steel finish. T-Mobile has found that
galvanized steel generally blends in with the saa'roundings better than a painted surface.
(2) At a tower site, the design of the building and related structures must use
materials, colors, textures, screening, and landscaping that will blend the tower
and facilities to the natural setting and built environment.
T-Mobile will screed the compound with opaque fencing and, if required, drought-
resislant landscaping.
(3) If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that
is identical to, or closely compatible with, the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive as
possible.
Not applicable.
(c) Height 8 Design.
(1) Towers clustered at the same site must be of similar height and design.
There ar•e na other tolvers at the site.
(2) Towers must be the minimum height necessary to provide parity with existing
similar tower supported antenna, and must be freestanding where the negative
visual effect is less than would be created by use of a guyed tower.
The proposed 90' structure is similar to or shorter than most of the area towers, and
clearly is of a design that Neill be less visrtally obtr•rrsive than a guyed tower sh•uctrir•e.
Section 2.5.5.5 Principal, Accessory, & Joint Uses
(a) Structures & Storage. Accessory structures used in direct support of a tower are
allowed, but such structures must not be used for offices, vehicle storage, or other
outdoor storage. Mobile or immobile equipment not used in direct support of a tower
shall not be stored or parked on the site of the tower, unless repairs to the tower are
being made.
As stated earlier, the proposed facility will be unmanned, visited for• maintenance or
repairs. All structures and equipment will be contained ~~~ithin the fenced compound and
will consist only of uses directly related to the operation of the to~~er and facility.
(b) Towers in Relation to a Principal Use. Towers may be located on sites containing
another principal use in the same buildable area. Towers may occupy a parcel
meeting the minimum lot size requirements for the zoning district in which it is
located. For a monopole tower, the minimum distance between the tower and any
other principal use located on the same lot shall be twenty percent (20%) percent of
the tower height or twenty-five feet (25'), whichever is greater.
All existing uses on the property are nra•e than the required distance from the proposed
totner.
(c) More Than One Tower on One Site. Placement of more than one tower on a lot is
permitted, provided all setback, design and landscape requirements are met as to
each tower. Structures may be located as close to each other as technically
feasible, provided tower failure characteristics of the towers on the site will not lead
to multiple failures in the event that one fails.
T-Mobile has not plans to construct additional totivers a1 this site.
Section 2.5.5.6 Shared Use
(a) No Permit Required. To encourage shared use of towers, no building permit or
conditional use permit is required for the addition of antennas to an existing tower so
long as the height of the tower or structure on which the antenna is placed is not
increased and the requirements of this article are met.
T-Mobile applauds the City's encotrr•agemer2t ofcollocatiorr, tivltich reduces toN~er
proliferation.
(b) Tower Owner Responsibilities. Any conditional use permit which is granted for a
new tower is specifically subject to the condition that the tower owner abide by the
following provisions relating to shared use, regardless of whether or not the
ordinance granting the permit contains the conditions:
(1) The tower owner must respond in a timely, comprehensive manner to a request
for information from a potential shared use applicant;
(2) The tower owner must negotiate in good faith for shared use by third parties;
and
(3) The tower owner must allow shared use where the third party seeking the use
agrees in writing to pay reasonable, pro rata charges for sharing, including all
charges necessary to make modifications of the tower and transmitters to
accommodate the shared use, and to observe whatever technical requirements
are necessary to allow shared use without creating interference.
T-Mobile will comply ~~ith all the above requirements. In_ fact, ~~e have an entire
department devoted to handling requests to collocate on our towers.
(c) Compliance Required. The willful failure of an owner whose tower was approved
under this article to comply with the requirements of this section is grounds for
withholding approval of any application by the owner for a building permit for the
approved tower, for revoking the conditional use permit granted for the tower, and for
refusing to approve a new conditional use permit for any new tower or antenna.
Section 2.5.5.7 Abandoned Towers
(a)Not Operated for a Specific Period. Any antenna or tower that is not operated for
any continuous period of 12 months is deemed abandoned, whether or not the owner
or operator intends to make use of the tower. The owner of an abandoned antenna
or tower and the owner of the property where tower is located must remove the tower
or antenna. If the antenna or tower is not removed within 60 days of receipt of notice
from the City ordering the removal, the City may remove tower or antenna and place
a lien upon the property for the costs of the removal.
(b) Use After Abandonment. If the owner of an abandoned tower or antenna wishes to
use the abandoned tower or antenna, the owner first must apply for and receive all
applicable permits and meet all of the conditions of this article as if the tower or
antenna were a new tower or antenna.
Section 2.5.5.8 Pre-Existing Towers &Non-Conforming Uses.
(a) Operative Towers. AIf communications towers that are operative prior to the
effective date of this UDC and that do not comply wholly with the requirements of this
division are allowed to continue their present usage as a nonconforming use and are
treated as anon-conforming use in accordance with Chapter 2, Article 7 of this UDC.
Routine maintenance is permitted on the existing towers. Construction other than
routine maintenance on an existing communication tower must comply with the
requirements of this UDC.
T-Mobile will comply ti~~ith all tlae above requirements.
Section 2.5.5.9 Public Property
(a) Exempt. Antennas or towers located on property owned, leased or otherwise
controlled by a City, State, or Federal entity are exempt from the requirements of this
article.
Not Applicable.
Ca:clusiorr
Every day more than 290,000 "911" emergency calls are made using wireless phones.
The proposed T-Mobile site ei~liances the general welfare of the community by providing
the infrastructure necessary for these calls, as well as a vital means for communicating
during times of emergency when traditional land lines may not be available. The
carefully selected and designed facility allows these calls to occur, and meets the needs of
the community as well as those of future carriers in the area.
All exhibits to this Statement of Intent are incorporated by reference into the same.
T-Mobile respectfully requests approval of its application for variances and related
permits. Thaiilc you for your consideration. Please fee free to contact me with any
questions or comments at (785) 766-6633.
Sincerely,
T-Mobile Houston, L.P.
G ~//>
Anthony W. Perez
Exhibit "B"
Location Map
Ordinance No. 2000CUP-23
AFFIDAVIT O F PUB 1 Exhibit "C"
Publications
- - Ordinance No. 2000CUP-23
The Pearland Reporter News. =s.
.2404 South Park
Pearland, Texas 77581
Sta#e of Texas
Brazoria and Harris Counties
I, Lloyd 1~lorrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ,~ issues, as follows:
No. ~ Date `~ ~" 20
~. " ..No. Date 20
No. Date 20
No. Date 20
No. Date 20
~'° 1~~1
CFO
Subscribe and sworn to before me this
20
':
:~ i
4~
day o~ ~ '
Laura Ann Emmons, Publisher
Notary Public, State of Texas
~L~Pa~ a3
PuriNNMd IMpt. 3, ~
and ~ fQ 2406
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND ZONING COMMIS
SION OF THE CITY OF
PEARLAND,TEXAS
CONDITIONAL -USE
PERMIT N0. CUP2008-
23
Notice is hereby given
that on September 22,
2008, at 6:30 p.m., the
'City Council and Planning
and Zohing Commission
of the City of Pearland, in
Brezoria, Harris arld Fort
Bend Counties, Texas, will
conduct a joint public
hearing in the Council
Chambers of City Hall,
located at 3519 Liberty
Drive, Peadand, Texas, on
the request . of T Moyle,
applicant and Pearland
Home Assn. owner, for
approval of a Conditional
Use Permit to allow.
Cellular Communications
TowerlPCS in the General
Business Retail DistincC
(GB), on the following
described property, to wit:
Being that certain tract or
paroN d land oontaming
10.005 craw, more or
tans, rairg aN d Minor
PIS of Knights of
Columbus Council No.
8960, a subdivision in
Brazoria County, Texas
aocoMing to the official
map or plat thereof
recorded under Clerk's file
2008018242 of the Deed
Records of Brazoria
County, Texas (Located
on 2320 MP Hatfield
Road).
At said. heating, all inter-
ested parties shall have
thQ right and opportunity
to appear and be heard on
the subject?
Leta
Planning Diroctor
c ce..t 3.2008
AFFIDAVIT OF PU B1ICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended. was- ublish
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria H
and Galveston Counties, for _ ~ arns
~ issues, as follows:
No. I Date __ 9 /0 20 ~.~
.. ,. .No. Date 20
No. Date 20
No. Date 20
- No. Date 20
/~~
CFO
Subscribe and sworn to before me this ~~ day of
20~- - ~ -
~~ ~ ~ ~ „
Laura Ann Emmons, Publisher
- Notary Public, State of Texas
a~~-a-~
PtrblipMd Sept. 3, 2008,
end Sept. 10, 2008
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
AND THE PLANNING
AND. CONING COMMIS-
$10N QF THE CITY OF
PEARLAND,TEXAS
CONDITIONAL USE
PEIL~IC[ N0. CUP2008-
~'
Notice is hereby given
that on September 22,
2008, at 6:30 p.m., the
City Councl and Planning
and Zoning Commission
of the City of Pearland, in
Brazoria, Hams and Fort
Bend Counties, Texas, will
conduct a joint public
hearing in the Council
Chambers of City Hall,
located et 3618 Uberty
Drive, Pearland, Texas, on
the request of T-MobNe,
appNpwk and Pearland
Home Aare. owner, for
aPP~ of d Condltlonal
Use Permtt to .allow
CeNular Gotrrrlunkatlons
TowerIPC3 in the General
Business RetaN Distinct
(GB), on the foNowing
-deecxibed properly, to wit:
Betnp lt:.certaln tract or
petcei'of Is~rxl containing
0:f105 acres, more or
less, being all of Mhgr
Plat of Knights , of
Columbus Council Nb,
8960, a subdivision in
Brazoria County, Texas
according to .the official
map or plat, thereof
rerxxded under Clerks file
2008018242 pf the Deed
RaWr~;` 'of Br~xotfe .
County, ""texas (Located
on 2320 MP Hatfield
Road).
At said hearing, all ir~er
sated parties shall have
the right and opportunity
to appear and be heard on
the eutrjert.
Plennirg Direcbr
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-23
Planning & Zoning Commission
Recommendation Letter
September 23, 2008
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on Conditional Use Permit No. CUP2008-23
Honorable Mayor and City Council Members:
At their regular meeting of September 22, 2008, the Planning and Zoning Commission
considered the following:
A request of T-Mobile, applicant and Pearland Home Assn. owner, for approval of a
Conditional Use Permit to allow Cellular Communications Tower/PCS in the General
Business Retail Distinct (GB), on the following described property, to wit:
LEGAL DESCRIPTION: Being that certain tract or parcel of land containing
10.005 acres, more or less, being all of Minor Plat of
Knights of Columbus Council No. 8960, a subdivision
in Brazoria County, Texas according to the official
map or plat thereof recorded under Clerk's file
2008018242 of the Deed Records of Brazoria County,
Texas
GENERAL LOCATION: 2320 Hatfield Road
Commission Member Jerry Koza made a motion to recommend approval of the
conditional use permit request, which was seconded by Commission Member Ron
Capeheart. The motion passed 6-0. The conditional use permit request was
Page 1 of 2
recommended for approval by the Planning and Zoning Commission with the following
conditions.
The facility be fully enclosed in a masonry building or by brick walls, tall
enough to obscure the equipment, transformer, and bridge, with
landscaping around, to be compatible with the character of the general area.
2. A paved road be provided to access the facility.
3. Stealth techniques, specifically a flag poles or single mono pole, with no
exterior mounts, be considered to ensure that the facility is compatible to the
area.
4. A detailed site plan showing the type and amount of landscaping, type and
height of fencing, setbacks of the proposed tower and leased area from the
property boundaries, and paving of the access road be provided.
5. A 20 foot wide landscaped buffer with trees, at least 6' at planting and up to
a minimum of 20' tall at full growth, be provided in the north west area of
the subject property abutting residential uses, to provide visual screening,
incorporating input from staff and neighbors approval.
Sincerely,
Lata xnsFinarao
Lata Krishnarao, Planning Director
On behalf of the Planning and Zoning Commission
Page 2 of 2