Ord. 2000CUP-31 2009-04-27ORDINANCE NO. 2000CUP-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, ON
PLAT FILED FOR RECORD AS APPROXIMATELY 5,625 SQUARE FEET OF LOT
THREE (3) OF THE ALLISON-RICHEY GULF COAST HOME SUBDIVISION OF
SECTION TEN (10), H.T. 8~ B.R.R. COMPANY SURVEY, ABSTRACT 505,
BRAZORIA COUNTY TEXAS, ACCORDING TO THE RECORDED MAP OR PLAT
HEREOF APPEARING IN VOLUME TWO (2), AT PAGE TWENTY-THREE (23) OF
THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (LOCATED AT 7702
THOMSON STREET, PEARLAND TX.), CONDITIONAL USE PERMIT APPLICATION
NO. CUP2009-07, TO PERMIT THE CO-LOCATION ON A CELLULAR
COMMUNICATIONS TOWER, IN THE SUBURBAN RESIDENTIAL-12 (SR-12)
DISTRICT, AT THE REQUEST OF VINCENT GERARD 8~ ASSOCIATES C/O
VERIZON WIRELESS, APPLICANT, AND THOMSON 8 MD, 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, Vincent Gerard & Associates C/O Verizon Wireless, applicant, and
Thomson 8 MD, 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 20th day of April, 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-31
WHEREAS, on the 20th day of April, 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 Vincent
Gerard & Associates C/O Verizon Wireless, applicant, and Thomson 8
MD, owners, whereby the Commission recommended approval of the
Conditional Use Permit with the following conditions.
1. The co-location of antennae will not increase the height of an existing 145' foot
cellular communications tower. The antennae will be located at 133'.
2. The proposed ground equipment shall be contained in a masonry structure .
approximately 12 feet by 28 feet
3. Sidewalks along Stone Road are waived.
4. Additional parking is waived as long as one 9' X 18' parking space is provided in
the driveway.
5. Paving of the driveway is waived upon approval of alternate paving by the City
Engineer.
6. All additional landscaping is waived.
7. Screening and fencing requirements due to the existence of the required buffer
is waived.
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 27th day of April, 2009;
and
WHEREAS, the City Council having fully heard the testimony and argument of all
Page 2 of 5
Ord No 2000CUP-31
ORDINANCE NO. 2000CUP-31
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Vincent Gerard & Associates C/O Verizon Wireless, applicant, and
Thomson 8 MD, owners, presented which, in the judgment of the City Council, would
justify the approval of said application with the following conditions; 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 Business Park 288 (BP-288)
District, is hereby granted a Conditional Use Permit to allow the co-location of an
antennae on an existing cellular communications tower, in; such property being more
particularly described as:
Approximately 5,625 square feet of Lot Three (3) of the Allison-Richey Gulf Coast
Home Subdivision of Section Ten (10), H.T. & B.R.R. Company Survey, Abstract
505, Brazoria County Texas, according to the recorded map or plat hereof appearing
in Volume Two (2), at Page Twenty-Three (23) of the Plat Records of Brazoria
County, Texas (located at 1111 SH 288, Pearland TX.)
The following conditions apply:
1. The co-location of antennae will not increase the height of an existing 145' foot
cellular communications tower. The antennae will be located at 133'.
2. The proposed ground equipment shall be contained in a masonry structure
approximately 12 feet by 28 feet
3. Sidewalks along Stone Road are waived.
4. Additional parking is waived as long as one 9' X 18' parking space is provided in
the driveway.
5. Paving of the driveway is waived upon approval of alternate paving by the City
Engineer.
Page 3 of 5
Ord No 2000CUP-31
ORDINANCE NO. 2000CUP-31
6. All additional landscaping is waived.
7. Screening and fencing requirements due to the existence of the required buffer
is waived.
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 4 of 5
Ord No 2000CUP-31
ORDINANCE NO. 2000CUP-31
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 27th day of April, 2009.
Gryc~
TOM REID
MAYOR
ATTEST:
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C SE ETAR ~`'~'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 5
Ord No 2000CUP-31
~.,,
. _, ,~,
APPLICATION . _ .
A CONDITIONAL USE
PERMIT (CUP)
Conditional Use Permit Request for:,
(list proposed use
Exhibit "A"
Application
Ordinance No. 2000CUP-31
(Community Center)
Pearland, Texas 77581
281-652-1768
281-652-1702 fax
www.cityofpeartand.com
~7--: ~uf:~~,s T,we~'
the Table of Uses of the UDC)
Current Zoning District:
Property Information:
5iZ-1Z
Address or General Location of Property: ~ 7(JZ Th~?SA~ 5 T . , ~~a~ lUnt) r~X 7 ~] ~ ot{"
Tax Account No, __~ ~~7 ~~~( i
Subdivision: ~ ~ ~ ~~" ~~~(~1~f yu I ~ ~t1~5~ ~~ Lot: ~ Block:
A complete application must include all information shown on the
Application Checklist attached to this application.
PROPERTY OWNER INFORMATION:
NAME 1 YIG~~~~ A ~ C/
ADDR'pESSl~ x,730 t~-xY';5c~? 5~
CITY I ~QjKJ STATE T~ ZIP~75~~
PHONE( 7~~) -125 - 1~k8~
FAX(
E-MAIL ADDRESS r 1 r-~ ~E (Yl c ~- ~ ~ Z U~,}, ~.
yQ-!~ c ~a ~ ~u~ ~~
APPLICANT INFORMATION:
NAME (,Ylr'PYf~ ~r~ta ~ /"iSS°(,~feS r~c ~c~~~~,'! ~~1~!(~i
ADDRESS 17~~ S. CGP•~~1 4 IX ~~/ S~. ZC~7
CITY Au5~~~1 STATE~_ZIP ~~~`~~
PHONE )( ~ Z ) 3 Z,y'21~r3 3
FAx ~-t 2 ~ 32s~-yol)
E-MAIL ADDRESS U•i~(•t'~~ ~~uS~,.ne'~
'Property owner must be the cun'ent 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 Develo fit C e fit ~ City of Pearland. -f
Owner's Signature: /' G~-~f~~ Dabe:_ ~ "~-~c ~ -~~'~F.~~
Agent's Signature~f ,• , ~' ~ Date:~~~~
OFFICE USE ONLY:
FEES p o DATE REC RECEIPT
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Exhibit "B"
Location Map
Ordinance No. 2000CUP-31
~ROOUS~oe ~
~~I II
~ ti~,~
?cos
LOCATION MAP T
CONDITIONAL USE PERMIT NO. 2009-07 NORTH
LOCATED AT 7702 THOMSON ST. PEARLAND, TX 77584
Exhibit "C"
AFFIDAVIT O F P U B l Ordinance No. 2000CUP-31
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
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ~ issues, as follows:
No. / Date ~ "~ 20 2~_
,.., No. Date 20
No. Date ~ 20
" ~ No. Date 20
No. Date 20
l~ /~~
CFO
Subscribe and sworn to before me this 3 ~s ~--- day of s ~~ ~
20 oq /~ ,_,
~•*"" ~, LAURA ~t'~1~~
. ~ ' Notary Public, State
''~.E„~~' My Commissi~P~'
mons, Publisher
State of Texas
t;lrrY cau~c~
THE PLANNH~Ia
AND ZONING COM-
MISSION OF THE
CITY OF
PEARLAND,TEXAS
Piave Twenty-Three
(23) of. tM .Plat
Records of Brazoria
County, Texas
General Location•
Located at 7702
CONDITIONAL USE Thomson St.
PERMIT APPLICA- Pearland, TX 77584
TION N0.2008.07
Published AprN 1 and
April 8, 2008
NO CE OF A
'Jbl T PUBLIC
HE/~RING OF THE
Notice is hereby
given that on April
20, 2009, at 6:30
p.m., thQ City Council
and Planning and
Zoning Commission
of the City ~ of
Pearland, in
Brazoria, Harris and
Fort Berid Counties,
Texas, will conduct a
joint public hearing in
the Community
Center, located 'at
3523 Liberty Drive,
Pearland, Texas, on
the request • of
Vincent Gerartl &
Associates_ C/O
Verizon Wireless,
applicant, ort behalf
of Thomson 8 MD,
owner, for approval
of a Conditional Use
Permit (CUP) to per-
mit a Co-Location on
an Existing CeIP
Tower in the
S u b u r b a n
Residential-12 (SR-
12) Zoning district,
on the following
described property:
Legal Description:
Approximately 5,625
square feet of 'Lot
Three (3) of the
Allison-Richey Gulf
Coast Home compa-
ny subdivision of
Section Ten (10),
H.T. 8~ B.R.R. compa-
ny Survey, Abstract
505, Bra~ria
County, Te)cas
according to ' the
recorded map bk plat
hereof appearing in
Volume Two (2), at
At said hearing, all
interested parties
shall have the right
and opportunity to
appear and be heard
on the subject.
Angela Gantuah
Senior nrwr
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
. , 2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, 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 ~ _ ~ 0~1
20
No. Date 20
No. Date ~ 20
No. Date 20
No. Date 20
CFO
.,
Subscribe and sworn to before me this q day of
20~
~lP act-cn
PuMielrsd Apri4 1 and
~8~~
NOTICE OF A JOINT
PUBLIC HEARING OF
THE CITY COUNCIL
ACID THE PLANNING
AND ZONING COM-
MISSION OF THE CITY
OF ' PEARLAND,
TEXAS
CONDITIONAL .USE
PERMIT APPLICATION
N0.2009-07
Notice is hereby given
that on April 20, 2009, at
6:30 p.m., the City
Council and Planning
and Zoning Commission
of the City of Peadand,
in Brazoria, Harris and
Fort Bend Counties,
Texas, will conduct a
joint public hearing in
the Community Center,
located at 3523 Liberty
Drive, Peadand, Texas,
on 'the request of
Vincent Gerard &
As~ciates CIO Verizon
careless, applicant, on
behalf of Thomson 8
MD, owner, for approval
of a Conditional Use
Permit (CUP).to permit a
Co-Location on an
Existing Cell Tower in
the Suburban
Residential-12 (SR-12)
Zoning district,. on the
folbwing described
P~rtY~
Legel Description:
Approximately ' 5,625
square feet of Lot Three
(3) of the Allison-Richey
Gulf Coast Home com-
pany subdivision of
Section Ten (10), H.T. &
B.R.R. company Survey,
Abstract 505, . Brazoda
County, Texas acxording
to the recorded map or
plat hereof appearing in
Volume Two. (2), at Page
Twenty-Three (23) of the
Plat Records of Brazoda
County, Texas
General Location:
Located at 7702
Thomson St. Peadand,
TX 77584
At said hearing, all inter-
ested parties shall have
the right and opportunity
to appear and be heard
on the subject.
Angela Gantuah
Senior Planner
Exhibit "D"
P&Z Recommendation Letter
Ordinance No. 2000CUP-31
Planning & ~Oning Commission
Recommendation Letter
April 21, 2009
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP 2009-07
Honorable Mayor and City Council Members:
At their meeting of April 20, 2009, the Planning and Zoning Commission considered the
following:
A request of Vincent Gerard & Associates C/O Verizon Wireless, applicant, and
Thomson 8 MD, owners, for approval of a Conditional Use Permit to permit the
Co-Location on a Cellular Communications Tower, in Suburban Residential-12
(SR-12) District, on the following described property, to wit:
LEGAL DESCRIPTION: Approximately 5,625 square feet of Lot Three (3) of the
Allison-Richey Gulf Coast Home Subdivision of Section Ten (10), H.T. & B.R.R.
Company Survey, Abstract 505, Brazoria County Texas, according to the
recorded map or plat hereof appearing in Volume Two (2), at Page Twenty-Three
(23) of the Plat Records of Brazoria County, Texas
GENERAL LOCATION: Located at 7702 Thomson Road, Pearland TX.
At the Join Public Hearing, City Council stated that for this particular CUP, the
following requirements would be waived:
1. Sidewalks along Stone Road.
2. Additional parking as long as one 9' X 18' parking space was provided in the
driveway.
3. Paving of the driveway upon approval of alternate paving by the City Engineer.
4. All landscaping other than the existing required buffer along property lines abutl:ing
residential zoning and uses.
5. Screening and fencing requirements due to the existence of the required buffer.
Page 1
At the Planning and Zoning Hearing, Commission Member, Charles Gooden, Jr.,
made a motion to approve the Conditional Use Permit (CUP) with conditions.
The motion was seconded by Commission Member Jerry Koza Jr. Commissioner
Capeheart voted against because the site conditions were not meeting current
UDC Code. The vote was 4-1 and the motion passed. The Conditional Use
Permit was approved with the following conditions:
1. The co-location of antennae will not increase the height of an existing 133' foot
cellular communications tower.
2. The proposed ground equipment shall be contained in a masonry structure
approximately 12 feet by 28 feet.
Sincerely,
Angela Gantuah, Senior Planner
On behalf of the Planning and Zoning Commission
Page 2