Ord. 2000CUP-27 2009-01-26 FAILEDFAILED
01 /26/09
ORDINANCE NO. 2000CUP-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY,
BEING 6.1198 ACRE TRACT OF LAND AS CONVEYED TO DENNIS J. WALTERS
AND WIFE VICKI Z. WALTERS BY WARRANTY DEED WITH VENDOR'S LIEN
DATED MAY 20, 1986 AND FILED FOR RECORD UNDER VOLUME 86-280,
PAGE 474 OF THE BRAZORIA COUNTY DEED RECORDS, AND ALSO BEING A
PORTION OF LOT 7 OF THE ALLISON RICHEY GULF COAST HOME COMPANY
SUBDIVISION AS SHOWN ON PLAT FILED FOR RECORD UNDER VOLUME 2,
PAGE 23 OF THE BRAZORIA COUNTY PLAT RECORDS (LOCATED AT 1709
STONE ROAD), CONDITIONAL USE PERMIT APPLICATION NO. CUP2009-03,
TO PERMIT A CELLULAR COMMUNICATIONS TOWER, IN SUBURBAN
RESIDENTIAL - 12 (SR-12) DISTRICT, AT THE REQUEST OF VERIZON
WIRELESS, APPLICANT, AND DENNIS & VICKI WALTERS, OWNERS,
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, Verizon Wireless, applicant, and Dennis & Vicki Walters, owners,
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 19th day of January, 2009, 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
ORDINANCE NO. 2000CUP-27
WHEREAS, on the 19th day of January, 2009, 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
Verizon Wireless, applicant, and Dennis & Vicki Walters, owners, whereby
the Commission recommended denial of the Conditional Use Permit.
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 26th day of January, 2009;
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 Verizon Wireless, applicant, and Dennis & Vicki Walters, owners,
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 Suburban Residential - 12 (SR-
12) District, is hereby granted a Conditional Use Permit to allow a A Cellular
Communications Tower, in; such property being more particularly described as:
BEING 6.1198 acre tract of land as conveyed to Dennis J. Walters and wife Vicki Z.
Walters by Warranty Deed with Vendor's Lien dated May 20, 1986 and filed for
record under Volume 86-280, Page 474 of the Brazoria County Deed Records, and
Page 2 of 4
Ord No 2000CUP-27
ORDINANCE NO. 2000CUP-27
also being a portion of Lot 7 of the Allison Richey Gulf Coast Home Company
Subdivision as shown on plat filed for record under Volume 2, Page 23 of the
Brazoria County Plat records (Located at 1709 Stone Road)
With the following conditions:
________ _____________________ (to be added if approved)
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.
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
Page 3 of 4
Ord No 2000CUP-27
ORDINANCE NO. 2000CUP-27
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 day of , 2009.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 4
Ord No 2000CUP-27
Exhibit "A"
Application
Ordinance No. 2000CUP-27
CUP APPLICATION Page 1 of 4 (Updated May 2008)
City of Pearland
~~~-~ '" APPLICATION FOR Comm 3523DL berty Drive
(Community Center)
',`;I ~, ,~~ A CONDITIONAL USE Pearland, Texas 7758,
PERMIT (CUP) 28, ssz 1702 fax
www. cityofpearla nd. com
Conditional Use Permit Request for: Ce~~w~o.c- Co w~tr+.,~~n:c~T.AvS ~t we.r
(list proposed use from the Table of Uses of the UDC)
Current Zoning District: ~es;c~e c,~: o.~ '2-Oc~~v~q D ~t> ~ ~ ~c'C' ~ ~ - ~ Z
Property Information:
Address or General Location of Property: ~ ~ ~ ~ ST"O~c~C Q a
pc~~~~.r.c), 1-x ? 7 5g 1
Tax Account No. O 5 0 S- OO~~I -O D O
Subdivision: Ally s~ P~~d.cy ftr~.~ Coo.iT ~0. Lot: ~ Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME ~~.r~~S E V_~GK, WcaTec'
ADDRESS t"7 L t STo,ne 4d
CITY Qto.~a~d STATETX ZIP ~ ~ 5gI
PHONE( ~Z.) Z.Z to - t~y03
FAX( ~ ~ ~
E-MAIL ADDRESS N ~ iP-
APPLICANT INFORMATION:
NAME ysc'~ Z O n W ~ r-t1 eS S ~ ATtd • 1tJSea.s. Pes~2
ADDRESS HOIO T.~.1 : g G-~e.. CT
CITY ~ a-T~l' STATE T ~ ZIP Z ?
PHONE( fl3 ) ~CZ9 - 395
FAX Z! ~\ ) ~ct~ - OFS59
E-MAIL ADDRESS_ ~oSec.,n .'~~RZ @ frDT~' • COI
'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, I hereby request approval of the above described request as provided for
by the Unified Developml~ Code o,~ the City of Pearland.
Owner's Signature: ~ Date: ~/ eL D
Agent's Signature: Date: 1~ It ~
PAED: O(S~ ~~d PA DE ~ ~' 1 ~ - ~ ~ I BYCE~D~--et~l/C~ NUMBIER:
Application No. ~ ~''
Gv-P 200 ~ - 0 3
Exhibit "B"
Location Map
Ordinance No. 2000CUP-27
~a
LOCATION MAP T
CONDITIONAL USE PERMIT 2009-03 NORTH
1709 STONE RD.
AFFI®A'V!T OF PUBLt( Exhibit"C"
Publication
Ordinance No. 2000CUP-27
TN~e Pearland Reporter News -_
2404 South Park
" Pearland, Texas 77581
~t~te of Texas
razoria and Harris Co"unties " " "
Lloyd' Morrow, hereby certify that the notice hereby a ended. w
pp as published
I THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
nd Galveston Counties, for /
issues, as follows:
No. / Date /.~ 3 / a~
'. 20
. " "N°• Date
20
No. Date
20
No. Date
20
No. Date
20
.,
ubScribe and sworn to before rrle this
0 ~_
a. V o
CFO
'~~ day of ~"'"~ C
~~-~ w
;,~o„~. My
;~unmons, Publisher
Notary Public, State of Texas
C~.LPa66~-v3
Published December 31,
2008 and January 7, 2009
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. CUP2009-
03
Notice is hereby given
that on January 19, 2009,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, in
Brazoria, Harris and Fort
Bend Counties, Texas,
will conduct a joint public
hearing in the Community
Center of City Hall, locat-
ed at 3523 Liberty Drive,
Pearland, Texas, on the
request of Verizon
Wireless, applicant, and
Dennis & Vicki Walters,
owners, for approval of a
Conditional Use Permit to
permit Cellular
Communications Tower,
in Suburban Residential -
12 (SR-12) District, on the
following described prop-
erty, to wit:
6.1198 acre tract of land
as conveyed to Dennis J.
Walters and wife Vicki Z.
Walters by Warranty
Deed with Vendor's Lien
dated May 20, 1986 and
filed for record under
Volume 86-280, Page 474
of the Brazoria County
Deed Records, and also
being a portion of Lot 7 of
the Allison Richey Gulf
Coast Home Company
Subdivision as shown on
plat filed for record under
Volume 2, Page 23 of the
Brazoria County Plat
records. (Located at 1709
Stone Road).
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Lata Krishnarao
Planning Director
AFFIDAVIT OF PUBLICATION
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 published
.n THE REPORTER NEWS, a newspaper of general circu ation in Brazoria, Harris
end Galveston Counties, for ~ issues, as follows:
No. ~
„ _ Date ~~ h ~ 20 - ~ ~
~~ ~ .No• Date
2
0
No. Date
20
No. _ Date
20
No. Date
20
~` i~dV
CFO
Subscribe and sworn to before me this ~ day of
?0-~--_
ooaooooo000
~`*~~` LAURA ANN EMMONS
', `-- f Notary Public, State of Texas Laura
''~o~~`+~ My Commission Expires 09-09-2010 Ann Emmons, Publisher
Notary Public, State of Texas
C,~P a~~-~3
Published December 31,
2008 and January 7, 2009
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. CUP2009-
03
Notice is hereby given
that on January 19, 2009,
at 6:30 p.m., the City
Council and Planning and
Zoning Commission of the
City of Pearland, in
Brazoria, Harris and Fort
Bend Counties, Texas,
will conduct a joint public
~11x~f:1~.~
hearing in the Community
Center of City Hall, locat-
ed at 3523 Liberty Drive,
Pearland, Texas, on the
request of Verizon
Wireless, applicant, and
Dennis & Vicki Walters,
owners, for approval of a
Conditional Use Permit to
permit Cellular
Communications Tower,
in Suburban Residential -
12 (SR-12) District, on the
following described prop-
erty, to wit:
1198 acre tract of land
> conveyed to Dennis J.
'alters and wife Vicki Z.
alters by Warranty
;ed with Vendor's Lien
ited May 20, 1986 and
'd for record under
plume 86-280, Page 474
the Brazoria County
red Records, and also
ing a portion of Lot 7 of
Allison Richey Gulf
past Home Company
bdivision as shown on
t filed for record under
fume 2, Page 23 of the
~zoria County Plat
ords. (Located at 1709
one Road).
f At said hearing, all inter-
f ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Lata Krishnarao
Planning Director
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-27
Planning & Zoning Commission
Recommendation Letter
January 20, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009-03
Honorable Mayor and City Council Members:
At their meeting of January 19, 2009, the Planning and Zoning Commission considered
the following:
Request of Verizon Wireless, applicant, and Dennis & Vicki Walters, owners, for
approval of a Conditional Use Permit to permit Cellular Communications Tower,
in Suburban Residential - 12 (SR-12) District, on the following described
property:
LEGAL DESCRIPTION: 6.1198 acre tract of land as conveyed to Dennis J.
Walters and wife Vicki Z. Walters by Warranty Deed with Vendor's Lien dated
May 20, 1986 and filed for record under Volume 86-280, Page 474 of the
Brazoria County Deed Records, and also being a portion of Lot 7 of the Allison
Richey Gulf Coast Home Company Subdivision as shown on plat filed for record
under Volume 2, Page 23 of the Brazoria County Plat records..
GENERAL LOCATION: Located at 1709 Stone Road.
Commission Member Jerry Koza made a motion to approve the Conditional Use
Permit (CUP) to permit. The motion was seconded by Commission Member Ron
Capeheart. The vote was 0-6 and the motion failed. The Conditional Use Permit
was denied.
Sincerely,
Lata Krishnarao, AICP, Planning Director
On behalf of the Planning and Zoning Commission
Page 1