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Ord. 2000CUP-37 2010-02-22 ORDINANCE NO. 2000CUP -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, APPROXIMATELY 8.870 ACRES (386,368 SQUARE FEET) MORE OR LESS BEING THAT SAME CERTAIN TRACT CONVEYED FROM EASTGROUP -LNH CORPORATION TO PALMS PROPERTIES. L.L.C. AS RECORDED IN FILE NO. 96- 021151, OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS, SAME BEING OUT OF LOT 20, ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 107, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID 8.870 ACRE TRACT BEING SITUATED IN THE H.T. B. R.R. CO. SURVEY, SECTION 85, ABSTRACT NO. 304, IN BRAZORIA COUNTY. TEXAS, LOCATED AT 2850 WOOTEN RD., PEARLAND TX, (CONDITIONAL USE PERMIT APPLICATION NO. CUP2009 -19), TO ALLOW THE CO- LOCATION OF A CELLULAR ANTENNA IN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT, AT THE REQUEST OF CLEAR WIRELESS, LLC, APPLICANT FOR PMSV BROADWAY WEST STORAGE, 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 Clear Wireless, LLC, applicant for PMSV Broadway West Storage, 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 15th day of February, 2010, 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 ORDINANCE NO. 2000CUP -37 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 15 day of February, 2010, 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 the Clear Wireless, LLC, applicant for, PMSV Broadway West Storage, owner, whereby the Commission recommended approval 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 February 22, 2010; 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 Clear Wireless LLC, applicant for PMSV Broadway West Storage, 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 Commercial (GC), is hereby granted a Conditional Use Permit to allow the co- location of a cellular antenna at 115 feet to an existing 190 foot high cellular tower, and a 7' x 7' (49 square foot) elevated ground equipment cabinet, located within an approximate 3,000 square foot fenced area as shown on the site plan as shown in the attached application and supporting documents provided by the applicant such property being more particularly Page 2 of 4 Ord No 2000CUP -37 ORDINANCE NO. 2000CUP -37 described as: Approximately 8.870 acres (386,368 square feet) more or less being that same certain tract conveyed from Eastgroup -LNH Corporation to Palms Properties. L.L.C. as recorded in file No. 96- 021151, Official Records of Brazoria County, Texas, same being out of Lot 20, Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision, as recorded in Volume 2, Page 107, Plat Records of Brazoria County, Texas, said 8.870 Acre Tract being situated in the H.T. B. R.R. Co. Survey, Section 85, Abstract No. 304, in Brazoria County. Texas. 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. Page 3 of 4 Ord No 2000CUP -37 ORDINANCE NO. 2000CUP -37 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 22nd day of February, 2010. <Jv w f TOM REID MAYOR ATTEST: G L• T' C Cr SEC' APPROVED AS TO FORM: DA N M. COKER CITY ATTORNEY Page 4 of 4 Ord No 2000CUP -37 Exhibit "A" Application Ordinance No. 2000CUP -37 Application for a Conditional Use Permit To the City of Pearland by Clear Wire LLC for Collocation on an Existing Tower Located at: 2850 Wooten Road (Clearwire ID: TX- H000290) Table of Contents I. CUP Application 3 II. Application Exhibits 7 A. Legal Description 11 1. Metes and Bounds Description 2. Plat of Property B. Parcel Map 14 C. Letter of Intent 16 D. Check for Application Fee 18 E. Site Plan 20 F. Acknowledgement of Posting 25 III. Supplemental Information 26 A. Maps 26 1. Zoning 2. Land Use 3. County Appraisal B. Photos 30 C. Property Records 33 1. Appraisal record 2. Deed D. Structural Analysis 37 E. Lease Agreement 43 F. Contact Information 54 IV. Code Response A. Tower Ordinance 55 B. GC Zone District 58 C. Site Development 62 Clearwire H000290 Pearland CUP CUP APPLICATION Page 1 of 4 (Updated May 2008) City of Pearland C Development APPLICATION FOR 3523 Liberty Drive A CONDITIONAL USE Pearand, Texas 77581 `ira� PERMIT (CUP) 281 -6521 02 fax www.cityofpearland.com Conditional Use Permit Request for: Collocation of antenna and equipment on (list proposed use from the Table of Uses of the UDC) existing communications tower. Current Zoning District: GC General Commercial Property Information: Address or General Location of Property: TX- HOUO290 2850 Wooten Rd, Pearland, TX 77584 Tax Account No. 522376 Subdivision:BROADWAY WEST (A0304 HT &BRR)Lot: lA Block: A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME GTP ACQUISITION PARTNERS II LLC NAME Clear Wireless, LLC ADDRESS PO BOX 811510 ADDRESS 3300 Carillion Point CITY Boca Raton STATE FL Zip 33481 CITY Kirkland STATE WA Zip 980 PHONE( 561 886 -5879 PHONE( 281 580 -4100 FAX( 561) 982 -7479 FAX( 281 580 -4108 E -MAIL ADDRESS Welarde4gtpsices E -MAIL ADDRESS blake.griggs® powderriverdev .com '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, 1 hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: o t S V p Date: 6,41 Agent's Signature: 1 Date: 12/21/0 OF FICE USE ONLY: FEES 1 RECEIVED I RECEIPT PAID: I PAID: BY: NUMBER: Application No. Page 3 Clearwire H000290 Pearland CUP CUP APPLICATION Page 2 of 4 (Updated May 2008) APPLICATION CHECKLIST FOR THE FOLLOWING Conditional Use Permits (CUP) n Application, filled out completely, and signed by the owner of the property to be considered for the conditional use permit n Metes and Bounds Description, Survey, or a Plat of the property. 1 Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. n Letter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information Application fee of $250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) Site Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detention ponds, fences, and any other relevant information Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing Page 4 Clearwire H000290 Pearland CUP CUP APPLICATION Page 3 of 4 (Updated May 2008) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right -of -way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights -of -way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant. Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and /or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet At least 2 feet above the ground Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background Message content as follows: PROPOSED ZONE CHANGE Contact City of Pearland 281 652 -1768 0 A il? *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. Page 5 Clearwire H000290 Pearland CUP CUP APPLICATION Page 4 of 4 (Updated May 2008) Additional Information: Upon making an application for a zoning change or conditional use permit, the applicant shall place sign(s) as required. The City shall inspect such sign(s) to ensure compliance as required by the UDC. After the zoning change or conditional use permit request is approved by the City Council, denied by the City Council, or withdrawn by the applicant, the applicant shall remove the sign from the area of the request within ten (10) days of such event. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign which gives notice that a zoning change or conditional use permit has been requested. In the event the applicant shall fail to erect and /or maintain signs in accordance with this section, then the public hearing before the Planning and Zoning Commission /City Council shall be postponed to a date in the future, which would allow time for compliance. The erection of any sign required by this section shall not require a permit under Section 4.1.2.6 of this UDC. The owner or applicant shall promptly notify the Planning Department of any sign required by this section, which becomes lost, stolen or vandalized. The Planning and Zoning Commission shall have the power to decide whether or not there has been substantial compliance with the posting requirements in the case of lost, stolen or vandalized signs. Page 6 Exhibit A -1 Metes and Bounds Description of Property Page 7 Clearwire H000290 Pearland CUP Doc# 2006002708 Record Return To: Timothy J. Culver, esq. Global Tower, LLC 1801 Clint Moore Road, Suite 215 Boca Raton, FL 33487 0 SPECIAL WARRANTY DEED GTP Site Name: PEARLAND #2 GTP Site ID: TX -5021 STATE OF FLORIDA KNOW ALL MEN BY THESE PRESENTS COUNTY OF PALM BEACH) That Global Tower, LLC a Delaware limited liability company and having its principal place of business at 1801 Clint Moore Road, Boca Raton, FL 33487, (hereinafter called "Grantor for and in consideration of the sum of Ten and 00 /100 dollars ($10.00) and other good and valuable consideration to it and hand paid in cash by GTP Acquisition Partners II, LLC, a Delaware limited liability company, with a principal place of business at 1801 Clint Moore Road, Boca Raton, Florida, (hereinafter called "Grantee" whether one or more), the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED and by these presents does GRANT, SELL AND CONVEY unto said Grantee the following described property located in BrazoriaCounty, TX described on the attached Exhibit A: TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, its successors, and assigns forever, and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premise unto the said Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. Page 8 Clearwire H000290 Pearland CUP DATED this °da of September, 2005. Global Tower, LLC A Delaw a li ited liability company By: C. Name: Marc C. i Title: CEO STATE OF FLORIDA COUNTY OF PALM BEACH I, /L,1 a Notary Public of County and State of Florida, do hereby cert r y that M C. Ganzi rsonally came before me and acknowledged that he is Chief Executive Officer of A ei' )-L4and that, as Chief Executive Officer, being authorized to do so, executed the foregoing instrument on behalf of said limited liability company. Witness my hand and official stamp or seal this 5 day of 2005. -1C� Not Public Print Name: I p t C .R. Reiss My Commission Expire Commission /I D D322701 [NOTARY SEAL] Expires: May 24, 2008 Atlantic Bonding Co., Inc I Page 9 Clearwire HOUO290 Pearland CUP EXHIBIT A Page 10 Clearwire H000290 Pearland CUP EXHIBIT "A" TRACT 1: A parcel of land containing 0.0689 of an acre (3,000 square feet) more or less being out of Lot 1 of Broadway west as recoraeo in Volume 20, Page 307-308 of the Plat Records or Brazorla County, Texas, said 0.0689 of an acre tract being more particularly described by metes and bounds as ',shows: COMMENCING at a found 5/8 Inch iron rod in the said south line of Cherry Tract, for the said northwest corner of Wooten Road, same being the said northeast comer of Lot 1; THENCE S 86 degrees 41' 12" W, with the said south line of the Cherry Tract, same being the said north line of Lot 1, a distance of 243.00 feet to a point; THENCE, 5 03 degrees 19' 30" E, crossing a portion of said Lot 1, a distance of 10 feet to a found S/8 Inch Iron rod for the point of beginning; THENCE, crossing said Lot 1, the following four (4) courses and distances: 5 03 degrees IT 30" E, at a distance of 50.00 feet pass a found 5(8 etch iron rod, and a total distance of 60.00 feet to a set 5/8 inch iron rod; 5 86 degrees 41' 12' W, a distance of 50.00 feet to a set 5/8 inch Iron rod; N 03 degrees 19' 30" W, at a distance of 10.00 feet pass a found 5/8 inch iron rod, and a total distance of 60.00 feet to a found 5/8 Inch Iron rod, and N 86 degrees 41' 12" E, a distance of 50.00 feet to the point of beginning and containing 0,0689 of an ae►e (3,000 square het) of land more or less. TRACT I:• EASEMENT PROPERTY: A pared of and containing 0.0673 of an acre (2930 square feet) more or less being out of lot 1, Broadway West, es recorded in Volume 20, Page 307.308, Plat Records of 8razoria County, Texas, said 00673 of an acre (2,430 square feet) tract bung situated in the KT. fa B. R.R. Co. Survey, Secton 85, Abstract No 304, in brazona County, Texas, and being more particularly described by metes and bounds as follows: OEGINNING at a found 5/8 inch iron rod in the south line of that certain tract conveyed from Eastproup -LNH Corporation to Carl and Barbara Cherry, as recorded in Fie Na. 96 019754, ofrciai Records of 8razoria County, Texas, same being Inc northwest comer of Wooten Road as dedicated by said Broadway West, and also being the northeast corner of said Lot 1, from which a found 5/8 inch iron rod in the centerline of said Wooten Road for the southeast corner of Inc said Cherry Tract bears N 86 degrees 41' 12' E. 35.00 feet; THENCE, 5 03 degrees 19' 30` E, with the west line of said Wooten Road, same being the east line of said Lot 1, a distance of 10.00 feet to a point; THENCE, S 88 degrees 41' 12" W, crossing a portion of sold t.otl; KO distance of 10.00 feet paws the nordwast corner of a detention easement, as shown on said Broadway west and then with the north line of said detention easement, at a distance of 243.00 feet pass the northwest corner of said detention easement and a total distance of 293.00 feet to a point; THENCE, N 03 degrees :9' 30" W, continuing to cross a portion of said Lot 1, a distance of 00.00 feet to a point Doc* 2006002708 it Pages 4 81/13/2886 3:88PM Official Records of BRAIORIA COUNTY JOYCE HJONAN COUNTY CLERH Fees 628. Cior na f` Page 11 Clearwire HOUO290 Pearland CUP Exhibit A -2 PIat Property Page 12 0_ co 0 a> 0 m as "C3 d m m i:li +waver i a. .am- t t t S) i 9 4g I 'it t i 'q F3 r o '3 q I. S is. M 3 1, .0 1N r i t5`� 3 de 7 i r r i ,ii it s ;ti 7 5 -g. .ri h4 Z ti R ;***;'?)ii!',' �ir �*1 i ;s LL p V wit! ....2 ti� L 4 J O t a 4 it r O F S i t 1 t 14 VJ ,,I,. ti I 77 ii c t It W q Ld 7 i t r. t 11; i i s i Fts .tee. f e 1 Y 3 1. 1 s i i {ta 1• f x t; ,;V' f #i '4. 4 D 0 i i 2 N ca N U Clearwire HOUO290 Pearland CUP Exhibit B Parcel Map from city website Page 14 Clearwire HOUO290 Pear land CUP City Parcel Map t l 1 GC13' 0850 W 3rC 2850 VD 4850 .13 1 t GC I 0 0223 ......2 11223 022300223P ug. 0 cari 1 0223 0223 02234102 am j ‘0201 irtOS my., (020. v09 i0.2. i 4 020! Ittt3 ,j040i 124 Page 15 Clearwire HOUO290 Pearland CUP Exhibit C Lette r of Intent Page 16 Clearwire H000290 Pearland CUP 4400 Carillon Point p: 425 216 7600 Kirkland, WA 98033 f: 425- 216 -7900 www.clear.com Monday, December 21, 2009 City of Pearland Community Development 3523 Liberty Dr Pearland, TX 77581 Attn: Angela Gantuah RE: Letter of Intent for CUP Application Ms. Gantuah: Powder River Development has been contracted by Clear Wireless, LLC to manage the development of its network in the Houston area. Based on the PreDevelopment Meeting we had on 12 -16 -2009, I am filing for a Conditional Use Permit (CUP) for co- locating antennas and related ground equipment on an existing tower located at 2850 Wooten Rd., Pearland, TX 77584. Our ground space is limited to a 7'x7' area with several small equipment cabinets, mounted on an elevated platform instead of a concrete slab. We will be adding one additional array of antennas to the tower. The only utilities involved in this proposal are telephone and electricity. Our current proposal does not include: Increased tower height Additional ground space to the compound Impervious ground cover Removal of any trees If you have any questions, I can be reached at 713 261 -5357. Sincerely, A efr Blake Griggs Real Estate Manager ClearWire Houston Blake.Griggs @PowderRiverDev.com 281 580 -4100 (office) 281 580 -4108 (fax) 713 261 -5357 (cell) Page 17 Clearwire HOUO290 Pearland CUP Exhibit D Check for Application Fee Page 18 Clearwire HOUO290 Pearland CUP Page 19 Clearwire HOUO290 Pearland CUP Exhibit E Site PIan Full set of Construction Drawings to be submitted for Building Permit Page 20 1 0 i 1 z.,...3. 2. tr, ffi.: r2 .1 Ile c o R '2I is P`E z g t,uig$ 0 I- P a tz m- u_ 0 *Ig2 CNI g 94Rt 0 1- ie gF Lo Li; i'l X E 1 N ;11 g.. Et, ommom. 1— w 1..■=1 (7) c\i a) I g:i! 1111 1 1 i E 2 11 k 0 -t-' 1 (I) Id g ill 4 r„ (f) r I I P( i I I; 1 A- CI_ ,A7*? Na., ,),0 I i IP. I I.) 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I ...1;?,,,,''''44'51''''''''*;' 4.!*.;it 4*" 1 ":,2 Pr r; ,-.........*eN 4,,, VR4.1...043003.0.V. C I 1 C I BROADWAY St I ----------____T r TT T 1 s Zoning Map with Satellite 0 I 4 t k e• I e ytv -e t..-: 0,1; al"."1111"1".......11.1"°735.111et."° Or r P 4 4. za.... PO 7 'OS& V44 4' 1 C R •4. ft. i I 0 .0 •Z 4.. 1. 7 •r 1 1.,, n I K‘ 4 ..c■ VMO .223 6 0 I q= 221CP45216 VEr 1=0 12299 it,' 1 1.7,' 0 I= 9/ 'W 3-1= csaft 1 V TM= 'MI 4 4 1 1 'T '1=1. -4. a! 1 IP A A A A PA 04 P.. ..r. L 4 4*— —4.44 4"1/1118111L, 10 Page 27 Clearwire HOUO290 Pearland CUP Land Use Map 1 ,jy FLO R 1■11 KYY X y p 'e K X i4' a "A(‘2 ,••2, 1 <.••<.,<,..,`,.>v,,,," om Y x rY xx x�Y`' YV L K„ 9 N k Y K om" xk k. k xy ''v k K x N !W'i N A K x„ „v' JUN N� k J( ♦"k 'Y' X �C N .K rv` R3 Nye'" 4 t 4 r z x'>;''''.' 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Existing equipment cabinets Clearwire HOUO290 Pearland CUP Supplement C Property Reco rds Page 33 Clearwire H000290 Pearland CUP Brazoria CAD Property Details Page 1 of 2 Brazoria CAD Property Search Results 522376 GTP ACQUISITION PARTNERS II LLC for Year 2009 Property Account Property ID: 522376 Legal Description: BROADWAY WEST (A0304 HT &BRR)(PEARLAND), LOT 1A, ACRES 0.0689 Geographic ID: 2198 0000 -010 Agent Code: Type: Real Location Address: BROADWAY FM 518 Mapsco: PEARLAND, TX 77581 Neighborhood: Map ID: Neighborhood CD: Owner Name: GTP ACQUISITION PARTNERS II LLC Owner ID: 362334 Mailing Address: C/O GLOBAL TOWER PARTNERS PROP TAX DEPT Ownership: 100.0000000000% PO BOX 811510 BOCA RATON, FL 33481 -1510 Exemptions: Values Improvement Homesite Value: $0 Improvement Non Homesite Value: $0 Land Homesite Value: $0 Land Non Homesite Value: $15,010 Ag Timber Use Value Agricultural Market Valuation: $0 $0 Timber Market Valuation: $0 $0 Market Value: $15,010 Ag or Timber Use Value Reduction: $0 Appraised Value: $15,010 HS Cap: Assessed Value: $15,010 Taxing Jurisdiction Owner: GTP ACQUISITION PARTNERS II LLC Ownership: 100.0000000000% Total Value: $15,010 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD BRAZORIA COUNTY APPRAISAL DISTRICT 0.000000 $15,010 $15,010 $0.00 CPL CITY OF PEARLAND 0.652600 $15,010 $15,010 $97.96 DR4 BRAZORIA COUNTY DRAINAGE DISTRICT #4 PEARLAND) 0.143845 $15,010 $15,010 $21.59 GBC BRAZORIA COUNTY 0.366286 $15,010 $15,010 $54.98 RDB ROAD BRIDGE FUND 0.060000 $15,010 $15,010 $9.01 SPL PEARLAND INDEPENDENT SCHOOL DISTRICT 1.419400 $15,010 515,010 $213.05 Total Tax Rate: 2.642131 Taxes w /Current Exemptions: $396.58 Taxes w/o Exemptions: $396.58 Improvement Building No improvements exist for this property. Land Type Description Acres Sqft Eff Front Eff Depth Market Value Prod. Value 1 S1 PRIMARY SITE 0.0689 3001.00 0.00 0.00 $15,010 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 N/A N/A N/A N/A N/A N/A 2009 $0 $15,010 0 15,010 $0 $15,010 2008 $0 $15,010 0 15,010 $0 $15,010 2007 $0 $15,010 0 15,010 $0 $15,010 2006 $0 $15,010 0 15,010 $0 $15,010 2005 $0 $15,010 0 15,010 $0 $15,010 2004 $0 $15,010 0 15,010 $0 $15,010 http: /propaccess. trueautomation. com /ClientDB /Property.aspx ?cid &prop_id= 5223 76 12/17/2009 Page 34 Clearwire H000290 Pearland CUP Brazoria CAD Property Details Page 2 of 2 2003 $0 $9,000 0 9,000 $0 $9,000 2002 $0 $9,000 0 9,000 $0 $9,000 2001 $0 $4,500 0 4,500 $0 $4,500 Deed History (Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page 1 9/30/2005 12:00:00 AM WD WARRANTY DEED GLOBAL TOWER LI GTP ACQUISITION 06 002708 2 10/31/2003 12:00:00 AM WD WARRANTY DEED AMERICAN TOWEF GLOBAL TOWER U 03 071572 3 8/4/2000 12:00:00 AM WD WARRANTY DEED 518 INVESTMENT. AMERICAN TOWEF 00 033854 Questions Please Call (979) 849 7792 Website version: 1.2.2.2 Database last updated on: 12/6/2009 8:34 PM 2009 True Automation, Inc. All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6 Netscape 7+ and Firefox 1.5 http /propaccess.trueautomation. com /ClientDB /Property.aspx ?cid =51 &prop_id= 5223 76 12/17/2009 Page 35 Clearwire H000290 Pearland CUP MapPrint Page 1 of 1 Brazoria CAD Property Search Results Property ID 522376 GTP ACQUISITION PARTNERS II LLC for Year 2009 Map Image Legend dynField5PROP_ID d PropHighlight El County 500314 Abstracts City Limits 188252 Export Parcels Parcels Poly 522378 I 165252 games games s /*Y Roads 524090 514988 I 552884 514354 51495 1755 B-oari.r.oy Property Details Account Property ID: 522376 Geo. ID: 2198- 0000 -010 Type: Real Legal Description: BROADWAY WEST (A0304 HT&BRR)(PEARLAND), LOT 1A, ACRES 0.0689 Location Address: BROADWAY FM 518 PEARLAND, TX 77581 Neighborhood: Mapsco: Jurisdictions: CAD, CPL, DR4, GBC, RDB, SPL Owner Name: GTP ACQUISITION PARTNERS II LLC Address: C/O GLOBAL TOWER PARTNERS PROP TAX DEPT PO BOX 811510 BOCA RATON, FL 33481 -1510 Property Appraised Value: $15,010 Database last updated on: 12/6/2009 8:34 2009 True Automation, Inc. All Rights Website version: 1.2.2.2 PM Reserved. Privacy Notice This site only supports Internet Explorer 6 Netscape 7+ and Firefox 1.5 http: /propaccess. trueautomation .com /Map /MapPrint.aspx ?cid =51 &searchType= PROP_I... 12/17/2009 Page 36 Clearwire HOUO290 Pearland CUP Supplement D r l Analysis Structu a Full structural analysis calculations will be provided upon request (23 pages) Page 37 Clearwire H000290 Pearland CUP GTP GLOBAL TOWER Services Structural Analysis Report 190 ft. Self Support Tower 2850 A Wooten Road, Pearland, TX 77584 Brazoria County (TX -5021, Pearland #2) Clearwire Clearwire Site No. TX- HOUO290 Clearwire Site Name: GTP TX -5021 Prepared by: Global Tower Services, LLC Michael T. De Boer, P.E. Director of Structural Engineering April 6, 2009 1801 Clint Moore Road Suite 110 Boca Raton, fl 33487 -2752 Phone 605.422.1548 fax 605.422.1550 Page 38 Clearwire H000290 Pearland CUP Global Tower Services, LLC April 6, 2009 Pearland #2 TX -5021 Table of Contents Introduction 3 Description of Structure 3 Design Parameter ..3 Antenna Loading Information .4 Analysis Results 4 5 Analysis Summary and Conclusions 5 Standard Conditions 6 Disclaimer of Warranties .7 Appendix A Tower Profile Attached Appendix B Calculations ..Attached Page 39 Clearwire H000290 Pearland CUP Global Tower Services, LLC April 6, 2009 Pearland #2 TX -5021 INTRODUCTION We have completed the structural analysis for the existing 190 ft. self support tower located in Brazoria County (2850 A Wooten Road, Pearland), TX. The objective of the analysis is to determine if the existing self support tower design is in conformance compliance with the current codes and standards for the proposed equipment installation. TSTower written by TowerSoft was utilized in performing the analysis. This program is a commercially available software program which was used to create a non linear three dimensional beam model and calculate member stresses for various loading conditions. DESCRIPTION OF STRUCTURE The existing structure is a 190 ft. self support tower originally manufactured by Allied Tower, Vinita, OK. The existing structure consists of ten (10) tower sections with solid round legs and angle bracing. Original tower drawings provided by Allied Tower were used to model the tower steel. (Allied Tower Job No. 11728, April 22, 1999) The tower legs are 50 ksi steel, the tower bracing is 36 ksi steel and the bolts are A325X. The tower, for the purpose of analysis, is considered to be in good condition with no defects. DESIGN PARAMETERS Standard: ANSI /TIA -222 -F -1996 Basic Wind Speed: 100 mph (fastest mile) 120 mph (3 -sec gust) Serviceability Wind Speed: 50 mph (fastest mile) Basic Wind Speed with Ice: N/A Design Ice Thickness: 0.0 (inch) Allowable Stress Increase: 1/3 for wind loading conditions Page 40 Clearwire H000290 Pearland CUP Global Tower Services, LLC April 6, 2009 Pearland #2 TX -5021 ANTENNA LOADING INFORMATION Existing and Reserved Loading Information Antenna Description/Mount Qty Elev, TX Lines Qty Customer R RFS APXI7DWV -quad Sector Frames 6 180 1 5/8" 12 T- Mobile RFS APXV 18 -dual Sector Frames 3 180 1 5/8" 10 T- Mobile DU01417 -10570 Sector Frames 12 168 1 ''A" 12 ATT Wisp24013120 Panels Flush Mounts 3 166 `'/2" 3 Prosky 6' PCS /Cell Panels T- Frames 3 162 7/8" 12 Verizon HP2 -102 Dish Pipe Mount 1 150 1/4" 1 Prosky CSA 75" x 8.5" Panels Sector Frames 6 135 1 5/8" 6 Cricket EMS FV90 -12 -05 Sector Frames 3 120 7/8" 6 Nextel EMS RV65- 12 -00DBL Sector Frames 3 120 7/8" 3 Nextel Proposed Loading Information Antenna Descri ion/Mount *J.% r Elev. ft. TX Lines ;,o Customer 42" X 13" Panels T- Frames 3 115 5/16" 6 Clearwire VHLP2-18-1WH Pipe Mount 3 115 /z" 3 Clearwire ANALYSIS RESULTS Structure The existing 190 ft. self support is structurally capable of supporting the proposed equipment. (See table below) Tower Member Capacity ''Results Tower Legs 105 Pass Tower Diagonals 87 Pass Tower Horizontals 8 Pass (105 percent is considered acceptable.) Page 41 Clearwire H000290 Pearland CUP Global Tower Services, LLC April 6, 2009 Pearland #2 TX -5021 ANALYSIS RESULTS continued Foundation The existing tower foundation has also been evaluated. The existing foundation was found to be acceptable with the proposed equipment installation. Tower Rating: 105% Summary and Conclusions The existing 190 ft. self support tower located in Brazoria County (2850 A Wooten Road, Pearland), TX is structurally acceptable based upon the EIA -222 -F 1996 Standard and the Local building code with the proposed equipment installed. If any other changes are proposed, another structural analysis should be performed to assure the tower is in compliance conformance with the applicable codes and standards. Should any further questions arise, please contact the Global Tower Services, LLC Engineering Department at 605- 422 -1548. Global Tower Services, LLC 0 •tEs. 7 7D 7 r MICHAEL T. DeBOER Michael T. De Boer, P.E. o: 82386 to Director of Structural Engineering 0■ :9�c c�Q� t Page 42 Clearwire HO00290 Pearland CUP Supplement E Lease Agreement Page 43 Clearwire H000290 Pearland CUP LESSOR Site Number Name: TX -5021 Pea #2 LESSEE Site Number Name. TX- H000290 GTP T 5021 SITE LICENSE AGREEMENT This Site License Agreement "SLA made this day of ,ff (t 2009 "Effective Date between GTP ACQUISITION PARTNERS II, LLC, with its principal offices located at 1801 Clint Moore Road, Suite 110, Boca Raton, FL 33487, hereinafter designated LESSOR and CLEAR WIRELESS, LLC, with its principal offices at14400 Carillion Point, Kirkland, WA 98033, hereinafter designated LESSEE. 1. This Site License Agreement is a SLA as referenced in that certain Master Lease Agreement between lobo( Tower, LLC and Clearwire US, LLC dated May 10, 2007 "Agreement"). All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this SLA, the terms of this SL4 shall govern. Capitalized terms used in this SLA shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. The Property owned by the LESSOR is located in Brazoria County at 2850 A Wooten Road, Pearland, TX 77584 and further described in Exhibit 1 attached hereto, 3, The Premises leased by the LESSOR to the LESSEE hereunder is a ten foot by eighteen foot area (10 x 18') further described in Exhibit 2 attached hereto. 4 In the event an Exhibit 2 is attached hereto describing the Premises, the LESSEE shall have the right to survey the Property and/or Premises and said survey shall then become Exhibit 2A which shall be attached hereto and made a pa hereof and shall control in the event of any discrepancies between it and Exhibit 2. The cost for such work shall be bome by the LE SEE. 5. The initial term "Initial Term") shall be for ten (10) years and shall be subject to extension as provided in ection 5 of the Agreement. The commencement date hereof is the first (1st) day of the month in which LESSEE commences the installation of its equipment or one hundred and fifty (150) days from the full execution date of this SLA, whichever occurs first, and shall be hereinafter referred to as the "Commencement Date 6. The rental for the initial term pursuant to this SLA shall be due at an annual rental of to be paid in equal monthly installments of on the first day of the month, in advance, to Global Tower, LLC (do: SunTrust Bank), P.O. Box 102534, Atlanta, GA 30368.2534 Attention: TX -5021 Pearland #2 or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) da s in advance of any rental payment date. In accordance with section 6 of the Agreement, the Rent for each year shall be f the annual Rent for the immediately preceding year commencing on the annual anniversary thereof 7. If the Property is subject to a prime lease, license or other such agreement affecting LESSOR'S interest at the Property, a copy of such agreement is attached hereto as Exhibit 3. 8. LESSEE's Equipment Information (subject to modification in accordance with the Agreement): Pleas€ see the approved Collocation Application attached as Exhibit 4. (SIGNATURES ON PAGE IMMEDIATELY FOLLOWING) Page 44 Clearwire H000290 Pearland CUP LESSOR Site Number Name: TX -5021 Pe bland #2 LESSEE Site Number Name: TX- H000290 GTP rX -5021 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and yell first above written. LESSOR: GTP ACQUISITION PARTNERS 11, LLC a Delaware limited liability company (7%itIIj L �r c� C BY: r LE AL MINES NAME: Terry Armant TITLE: Sr. VP Development DATE: .3 ft �SJ REVIEWED WIT/ S LESSEE: CLEAR WIRELESS, LLC a Nevada limited liabili co any u v BY: WITNESS NAME: Erie. I auy TITLE: Direct r n 1?t�inPPrip Operations DATE: y NES dip 2 Page 45 Clearwire HO00290 Pearland CUP LESSOR Site Number Name: TX -5021 Pearland #2 LESSEE Site Number Name: TX- HO110290 GTP X -5021 EXHIBIT 1 Description of Property 3 Page 46 Clearwire HOUO290 Pearland CUP LESSOR Site Number Name: TX -5021 Pea nd $2 LESSEE Site Number Name TX- H000290 GTP X 5021 EXHIBIT 2 Description of Premises 4 Page 47 Clearwire H0UO290 Pear land CUP Tx 02-1 i POWER POLE 541'4" TX-.021 Er 14'43" 5-a• PE RLAND #2 3/2/ 009 0. I i-- A Hrl 1 1 AT&T 4 cabinet I 4 to AT&T shelter Rs aa METE T 7 \--CONCRETE PAD .:7 AT&T fs 1W-0x10 ..:Z, 4 .-I t M U X T- Mobile aill 0 h te- AT&T :Wk. el a Cabinet NOTE LL BUILDING DEMIN IONS 11:rxtv ARE T BE FIELD ISprintl VERIFI D 4 I --11---" stair 51 x 5,4• Clearwire proposed elevated platform 10ft X 18ft X11ft high all APPROX. 11 Cricket GTP shelter 4 BUILDING AT&T 4 IN mci2. Ver. leased IVerizonl Gen. 1 I A I b 4 i 1 x 5.-cr 1 An t sir L4 \IN1 TX- 5021 reAR L A. INS t); Z. Page 48 Clearwire H000290 Pearland CUP I GENERAL. NOTES: 1 `O 1.) TOWER IS DESIGNED PER ANSI \TIA \EIA 222 -F AND AISC REQUIREMENTS FOR 100 MPH x BASIC WIND SPEED AT ELEV. 33 FT. WITH NO a� 190' RADIAL ICE. A WIND REDUCTION HAS NOT BEEN N I 1 1(1); TAKEN TO MPH WITH THE ICE LOAD. 11 111!41111 21 WIND IS APPLIED TO TOWER, ACCESSORIES, _ix -j 180' ?i ANTENNAS AND LINES. X14 2.) TOWER STEEL(MIN STEEL YIELD) LEGS ;0 ARE 50 KSI. MIN. BRACING AND ALL OTHER STEEL :7!".. rr 5 36 KSI. MIN. M 3.) CONNECTION BOLTS ARE A -325 HIGH CU 160' u ,e4 STRENGTH BOLTS (HOT DIP GALV.) COMPLETE 0 WITH LOCKWASHER AND HEAVY HEX NUT. 0.4 U- BOLTS, J- BOLTS, ETC. ARE A -36 BOLTS. 4000' (HOT DIP GALV.) COMPLETE WITH LOCKWASHER u':r:1:•11 AND HEAVY HEX NUT. EXCEPT ANCHOR BOLTS 140' COME COMPLETE WITH (3) HI-1N. (1 FOR LEVELNG ill 11 AND 2 FUR LOCKING): 4.) TOWER AND ACCESSORIES ARE (HOT DIP G ALV.) IN ACCORDANCE WITH ASTM A -123 OR rn ASTM 8 -695 CLASS 65 FOR HARDWARE. 120 .41110. ANTENNAS 1 111 TYPE ELEV. LINE AZ. POL. (12) COMSAT 190' 2 1/4' 11111©100' (1) ANDREW 187' 1 /8' 0°11111 6' SOLID HELIAX WITH RADOME 1 (12) DAPA 170' 1 5/8' 58000 HELIAX v 80' 6 SOLID ANDREW 160' HELIAX r WITH RADDME 5/8' z 1 1 58000 APR 15D' 1 HEL AX N (1) ANDREW 4 140' 1 5/8' S HELIAX C 1160' WITH RADDME -6 r7 M1y,.y M�4Sl oe1 �t ON 3 u' E ....L.-, C a I L -z 0.. Jb vW 061 LJ 'SE W 0"- �y6 (0 i O. O.) 40 CI m a O V n ON o m 47 W 0. 2 U o TYP. FACE 1101.- B'-6' 8' -6' r` tri vi rn Z GTP 17' O 1 5 a TX -5021 •t :d w Pearland #2 IA 11 O F T :'-/,t. i Clearwire Proposed r. l1 ALLIED N °ti i" "'Ls N TX- H000290 REACTIONS BASE Elevation LEL I r. R TOWER C91B) 256 -0761 OTM: 6391 .727 KIP. FT v._ 61 190' SST nT A Eo MIKE PDLLAK COMP: 449.800 KIPS. .oT R UPLIFT: 418.474 KIPS. 3/13/09 l(d 4 PEARLAND, TX, SHEAR: 59.068 KIPS. Rev. 40' L DRAWN 13r DATE JOB+ WT: 46.987 KIPS. 3/30/09 4 —1 RGM 4 -22 -99 I 11728 DRAWING NO, B-20151 INOI DATE 1 REVISION I BY Page 49 Clearwire HOUO290 Pearland CUP LESSOR Site Number Name: TX -5021 Pealand #2 LESSEE Site Number Name: TX- H000290 GTP rX5O2l EXHIBIT 3 Prime Agreement NIA 5 Page 50 Clearwire HO00290 Pearland CUP I I LESSOR Sfte Number Name: TX -5021 Pea1and #2 LESSEE Site Number Name: TX- H000290 GTP TX-5021 EXHIBIT 4 Description of LESSEE's Equipment Please see attached approved Collocation Application 6 Page 51 Clearwire H000290 Pearland CUP 4* GLOBAL TOWER PARTNERS s 1 Collocation Application TOW ■i Check one: New Addition to Existing Modification PLEASE RETURN THIS APPLICATION TO: (E -MAIL IS PREFERRED) GTP Site TX -5021 GTP GTP Site Name: Pearland #2 1801 Clint Moore Rd E -Mail: mprewit @gtpsites.com GTP Date Received: 3/4/2009 Suite 110 Revision Dates: 3113/09- rev.1/ rev. (2 rad center) Boca Raton, FL 33487 Office: (512) 294 -2345 RSM Approval: DARRELL SCHNEIDER Attn: Monty Prewit Fax: (561) 995 -0321 Pending Final SA APPLICANT /CARRIER INFORMATION Carrier Name: Clearwire Contact Name: Juli Davis Carrier Site Name: GTP TX -5021 Contact Number: (281) 580 -4100 Carrier Site Number: TX- H000290 Contact Fax: (281) 580 -4108 Carrier Legal Entity Name, Clear Wireless LLC, a Nevada Contact Address: 13131 Champion Drive, Suite 208 State of registration: Limited Liability Company Houston, Texas 77069 Type of entity (LP, LLC, Corp) LLC d /b /a/ (If applicable) Notice Address for Lease: 4400 Carillon Pt., Kirkland, WA Contact E -mail: juli.davis /oowderriverdev.com 98003 With copies to: Additional E -mail: Carrier Invoice Address: 4400 Carillon Pt., Kirkland, WA Other: 98003 Carrier Invoice Contact Nancy Sears, Real Estate Carrier NOC# Name, Title, Phone No. (425) 216 -4630 ADDITIONAL CARRIER INFORMATION Leasing Contact Name /Number: Juli Davis (281) 580 -4100 RF Contact Name /Number: Keith Neff (602) 502 -6658 Construction Contact Name /Number: Gary Oliphant (281) 580 -4100 Emergency Contact Name /Number: Eric Tellier (813) 267 -1320 or NOC SITE INFORMATION Latitude: N29 33 26.09 N I Existing Structure Type: I SST Longitude: W95 22 1 46.99 W Existing Structure Height: 190' Site Address: ANTENNA COAX Sector 1 2 3 Othe (Dish, TINA, GPS) Desired Rad Center (feet AGL) 115' 115' 115' 115' Antenna Quantity 1 1 1 3 Antenna Manufacturer Andrew Antenna Model (Attach Spec Sheet) Generic Panel Type Generic Panel Type Generic Panel Type VHLP2-18-1WH Weight (per antenna) 35 lbs 35 lbs 35 lbs 43 (includes ODU) Antenna Dimensions 42" x 13" x 3" 42" x 13" x 3" 42" x 13" x 3" 26" Quantity of Coax Cables PER ANTENNA 2- cat -5 cables 2- cat -5 cables 2- cat -5 cables 1 Diameter of Coax Cables PER ANTENNA 5/16 5/16 5/16 Orientation /Azimuth (degrees from true north) 0 120 240 0, 120, 240 Mechanical Tilt (degrees) Of Channels I Antenna Mount Mounting Height (feet AGL) 176' 1 176' 176' Antenna Mounting Type T -Frame Sector Platform Low Profile Other: Pipe Mount Transmit Frequency I 2500 -2686 MHz 2500 -2686 MHz 2500 -2686 MHz 17700 -17750 MHz, 1:650 -19700 MHz Receive Frequency 2500 -2686 MHz 2500 -2686 MHz 2500 -2686 MHz 17700 -17750 MHz, 19650-19700 MHz ERP (watts) 25 watts 25 watts 25 watts 100 Watts Type of Service (i.e. Cellular, PCS, ESMR) WiMax WiMax WiMax WiMax GROUND SPACE REQUIREMENTS Total Ground Area Dimensions Required 10ft x 18ft Generator: ❑Diesel ❑Propane ❑Natural Gas (length xwidth x height in ft.) x10ft H' Pad Dimension (L X W, ft.): Cabinet Pad Dimensions 4'x 5' Cabinet Manufacturer DDB Unlimited Shelter Pad Dimensions N/A Shelter Manufacturer N/A AC POWER REQUIREMENTS Voltage: 240V AC Single Phase Total Amperage: 50A Breaker, 25A Average Current l Rev 10/1/08 Page 52 Clearwire H000290 Pearland CUP GLOBAL TOWER PARTNERS GTP Collocation Application Comments: Additional Tower Mounted Equipment Below Sector Other (Dish, TMA, GPS) Other (Dish, TMA, GPS) Desired Rad Center (feet AGL) 115' 115' Antenna Quantity 3 3 Antenna Manufacturer Motorola Diagonwave Antenna Model (Attach Spec Sheet) DAP Vx Airpair ODU /Horizon Compact Weight (per antenna) 451bs Included in Microwave Antenna Dimensions 26" x 14° x 9° 4.75" x 9.3" x 9.3" Quantity of Coax Cables PER ANTENNA 2 NA Diameter of Coax Cables PER ANTENNA 5/16" NA Orientation /Azimuth (degrees from true north) 0, 120, 240 C, 120, 240 Mechanical Tilt (degrees) Of Channels Antenna Mount Mounting Height (feet AGL) 1 179' 179' Antenna Mounting Type T -Frame Sector Platform Low Profile Other: Pipe Mount Transmit Frequency N/A 17700 -17750 MHz, 19650 -19700 MHz Receive Frequency N/A 17700 -17750 MHz, 19650 -19700 MHz ERP (watts) 2 Watts .100 Watts Type of Service (i.e Cellular. PCS, ESMR) WiMax WiMax _Rev.1 Noted cables per antenna and dishes and sizes, Antenna length 48" to 42" Revised azimuths Revised Rad centers Rev 10/1/08 Page 53 Clearwire H000290 Pearland CUP Contact Information Property Owner GTP (Global Tower Partners) Monty Prewit Regional Manager (512) 992 -5361 mprewit @gtpsites.com Applicant Clear Wire Mike Brogan Director 3800 Buffalo Speedway, Suite 200 Houston, TX 77069 (214) 395 -8702 mike.brogan @clearwire.com Agent for Applicant Powder River Development Blake Griggs Real Estate Manager 13131 Champions Drive, Suite 208 Houston, TX 77069 713 261 -5357 Blake.Griggs@PowderRiverDev.com Page 54 Clearwire H000290 Pearland CUP Code Response 1 Tower Ordinance Page 55 Clearwire H000290 Pearland CUP Chapter 2 Division 5: Telecommunications Towers Antennas Section 2.5.5.2 Conditional Use Permit Required (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. APPLICANT DOES NOT HAVE ANY EXISTING TOWERS WITHIN THE CITY OR WITHIN ONE MILE. CLEARWIRE IS NEW TO THE HOUSTON MARKET AND DOES NOT CURRENTLY HAVE AN OPERATING NETWORK IN THIS AREA. (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. ATTACHED TO CUP APPLICATION AS EXHIBIT E. (3) A report from a professional structural engineer licensed in the State of Texas documenting the following: a. Tower height and design, showing a cross section of the tower structure. b. Total anticipated capacity of the tower structure, including the number and types of antennas which can be accommodated. ATTACHED AS SUPPLEMENT D. THE TOWER IS RATED AT 105 WHICH IS DEEMED TO BE STRUCTURALLY ACCEPTABLE AS DEFINED BY THE CITY OF PEARLAND'S BUILDING CODE. (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. CLEARWIRE IS SUBLEASING SPACE AND IS NOT THE TOWER OWNER. CLEARWIRE HAS NO ABILITY TO CONTROL ANY ADDITIONAL LEASE AREAS. THE GROUND SPACE AND TOWER STRUCTURE ARE APPROACHING CAPACITY. THERE ARE CURRENTLY 6 TENANTS AT THIS LOCATION. CLEARWIRE WOULD BE THE 7T" (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: CLEARWIRE IS COLLOCATING ON AN EXISTING TOWER AND 15 NOT BUILDING A NEW TOWER. (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. 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. IN SUPPORT OF THE CITY'S INTENT TO PREVENT THE PROLIFERATION OF UNNECESSARY TOWERS, CLEARWIRE HAS SOUGHT TO UTILIZE AS MANY EXISTING TOWERS AND STRUCTURES AS POSSIBLE. ALL OF THE PROPOSED SITES IN THE CITY LIMITS WILL BE COLLOCATIONS. THE HEIGHT OF THE TOWER IS NOT BEING INCREASED, NOR IS THE EXISTING SITE BEING EXPANDED. Page 56 Clearwire H000290 Pearland CUP Section 2.5.5.8 Pre Existing Towers Non Conforming Uses. (a) Operative Towers. All 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 a non 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. CLEARWIRE'S INSTALLATION WILL FULLY COMPLY WITH THE RULES AND REGULATIONS AS DEFINED IN THE UDC. Page 57 Clearwire HOUO290 Pearland CUP Code Response 2 Zone District GC Page 58 Clearwire H000290 Pearland CUP Section 2.4.4.5 GC, General Commercial District (a) Purpose. The General Commercial District (GC) is intended to permit a wide variety of businesses characterized by those uses that may require an extensive amount of land for the conduct of business and /or that may require outside storage areas. (b) Authorized Uses. The following are authorized uses under the regulations established in this chapter: (1) Permitted and conditional uses as authorized in the Land Use Matrix in Article 5, Division 2 of this Chapter 2; THIS USE IS LISTED AS CONDITIONAL IN THE MATRIX. (2) Accessory uses as authorized in Article 5, Division 3 of this Chapter 2. (c) Area Regulations. (1) Size of Lots: a. Minimum Lot Size Twenty -two thousand and five hundred (22,500) square feet in area. b. Minimum Lot Width One hundred and fifty feet (150'). c. Minimum Lot Depth One hundred and twenty -five feet (125'). THE EXISTING SITE PRE -DATES THE ZONING ORDINANCE AND THIS APPLICATION 15 NOT CREATING A NEW LOT. (2) Size of Yards: a. Minimum Front Yard Twenty -five feet (25') b. Minimum Side Yard 1. Ten feet (10'), except as provided below. 2. Twenty -five feet (25') if side yard abuts a residential zoning district or a public right -of -way. c. Minimum Rear Yard Twenty -five feet (25') CLEARWIRE'S INSTALLATION WILL NOT ALTER THE SITE'S EXISTING SETBACKS. (d) Height Restrictions. No building shall exceed forty -five feet (45') in height. Additional height may be approved through a Conditional Use Permit (CUP). THE TOWER ORDINANCE (CH. 2, Div. 5) CONTROLS HEIGHT OF TOWERS. THE EXISTING SITE PRE -DATES THE ZONING ORDINANCE. (e) Outdoor Activities or Uses. In connection with any permitted use, there shall be allowed outdoor activities or uses subject to the following limitations: (1) Except as provided below, out of doors display, storage and sale of merchandise, equipment and vehicles shall be permitted. Page 59 Clearwire H000290 Pearland CUP (2) Out of doors display, storage and sale of merchandise, equipment and vehicles shall not be permitted on property adjacent to a residential zoning district. a. Such activities /uses shall be permitted on such property upon City Council approval of a Conditional Use Permit (in accordance with Article2, Division 3 of this chapter) authorizing said activities /uses. b. Outdoor storage, as defined by Section 5.1.1.1, is allowed only upon obtaining a CUP and providing screening pursuant to Section 4.2.4.1 (d). In no case shall outdoor storage be permitted along any yard that abuts any street or public right -of -way. No RETAIL ACTIVITIES OR MERCHANDISING WILL TAKE PLACE AT THIS SITE. OUTDOOR STORAGE WILL NOT BE UTILIZED. (f) Fences Screening. Fences and screening shall be provided and maintained as set forth in Chapter 4, Article 2, Division 4 of this UDC. PER SECTION 4.2.4.2. C THIS INSTALLATION WILL NOT IMPACT MORE THAN 50% OF THE EXISTING AREA. CLEARWIRE'S FOOTPRINT IS 49 SQUARE FEET. THE EXISTING SITE IS OVER 3,000 SQUARE FEET. (g) Parking. Parking and loading shall be provided in conformance with Chapter 4, Article 2, Division 1 of this UDC. CLEARWIRE'S INSTALLATION DOES NOT CREATE A HABITABLE STRUCTURE OR OTHERWISE COMMERCIALLY USABLE SPACE. (h) Access. Access shall be provided in accordance with the City's Engineering Design Criteria Manual (EDCM). CLEARWIRE WILL UTILIZE THE EXISTING ACCESS. (1) Refuse Containers. All refuse and refuse containers shall be screened from the view of adjacent public streets and from the view of any adjacent single family, patio home, townhouse, and /or multiple family development(s). Such containers shall not be located within the front yard area, and shall be to the side or rear of the lot. No REFUSE CONTAINERS WILL BE INSTALLED. (j) Adjacent to a Single Family Use or Zoning District. When a nonresidential development is established on a tract of land that is adjacent to a single family development or to property zoned for single family use, there shall be a twenty -five foot (25') wide landscaped buffer along the property line that is adjacent to such use or district. The landscaped buffer shall remain open and unobstructed (i.e., no parking, driveways, or other use of the buffer area), and shall be Page 60 Clearwire H000290 Pearland CUP planted with ground cover, such as grass or ivy. This landscaped buffer may be located with the required yard /setback area. SITE IS NOT ADJACENT TO SINGLE FAMILY RESIDENTIAL DISTRICT. Page 61 Clearwire HO00290 Pearland CUP Code Response 3 Site Development Page 62 Clearwire H000290 Pearland CUP Chapter 4 Article 2: Development Standards Division 2 Landscaping Section 4.2.2.3 Applicability to New and Existing Developed Areas (b) Existing Development Areas; Nonconformance. (1) All property with existing development on the effective date of the ordinance from which this division derives which is not in compliance with this division shall be considered nonconforming and allowed to continue until the time a building permit is granted to reconstruct or enlarge an existing structure on the property to an extent exceeding five hundred (500) square feet of the exterior dimensions of the structure. At that time. this division shall apply to the previous existing parcel areas as well as any new paved areas. and the areas shall be brought into compliance. A plan showing existing and new development and the proposed landscaping shall be submitted in accordance with this division. In order to encourage early landscaping in existing paved areas and the preservation of trees that are already established and growing in these areas an additional credit shall be given in accordance with Division 3 of this Chapter. (2) No structure existing on the effective date of this Code from which this division derives shall be required to be altered or moved in order to comply with this division except for reconstruction. (3) Also see Article 1. Division 3 of this Chapter for further requirements related to structural and parking related expansions. 1. CLEARWIRE'S PROPOSED INSTALLATION IS LESS THAN 500 SQUARE FEET, THUS THE EXISTING DEVELOPMENT IS NOT REQUIRED TO BE BROUGHT INTO COMPLIANCE. 2. THE TOWER IS NOT BEING RECONSTRUCTED AND WAS BUILT PRIOR TO THIS CODE'S EFFECTIVE DATE. Division 3 Tree Mitigation Section 4.2.3.3 Approval Required for Tree Removal No person directly or indirectly shall cut do.vn remove. move, or destroy through damaging the roots. trunk or canopy. any tree situated on property regulated by this division without first submitting a Tree Survey and obtaining approval of a Tree Disposition Plan. unless other ise exempted by the provisions of Section 4.2.3.4(b) of this division. Page 63 Clearwire H000290 Pearland CUP NO TREES WILL BE IMPACTED BY THIS INSTALLATION, AS THE COMPOUND ALREADY EXISTS. THIS INSTALLATION WILL NOT ENLARGE THE EXISTING FACILITY. Section 4.2.3.6 Submittal Requirements (a) The City Manager or his /her designee shall establish administrative procedures necessary to facilitate the implementation and enforcement of this division. These procedures shall include the following: (1) Tree Disposition PlaniTree Survey: Must be submitted and approved prior to the removal or destruction of any tree. (2) An application involving a limited portion of a site may be based on an exhibit shov.ing only that portion of the site. (3) Aerial photograph interpretation may supplant the ground survey for preliminary analyses of large scale developments. such as subdivisions, utility corridors, and golf courses, at the discretion of the City. Large -scale developments are also required to include impact areas where existing trees are located. NO TREES WILL BE REMOVED AS A RESULT OF THIS INSTALLATION. Division 4 Screening and Fencing Section 4.2.4.2 Screening for Utility Support Structures and Stations (a) Applicability. This section shall apply to all utility support structures or stations located on private property regardless if there is an easement or other form of agreement between the utility company or property owner. (b) Support Structures and Stations Defined. These shall include. but not be limited to. any snitching equipment. lift stations, pipe valves connected to pipes above ground. boxes or cabinets. cabling equipment or wiring above ground. transmitting equipment. control rooms. control cabinets. etc. Utility poles and transformers and like appurtenances attached to utility poles more than ten feet (10 above the ground are not considered a support structure or station. (c) Regulations. A utility support structure or station located on private property or outside a public street right of way must have proper screening. The construction or modification of an existing utility support structure or station equal to more than fifty percent (50 of its value or area. must provide screening meeting one of the following: THIS INSTALLATION WILL NOT IMPACT MORE THAN 50% OF THE EXISTING AREA. CLEARWIRE'S FOOTPRINT IS 49 SQUARE FEET. THE EXISTING SITE IS OVER 3,000 SQUARE FEET. Page 64 CUP APPLICATION Page 1 of 4 (Updated May 2008) City of Pearland Community Development APPLICATION FOR s "f'i 3523 Liberty Drive ..4 (Community Center) A' A CONDITIONAL USE Pearland, Texas 77581 7-14:; g PERMIT (CUP) 281 652- 1702fax www.cityofpearland.com Conditional Use Permit Request for: Collocation of antenna and equipment on (list proposed use from the Table of Uses of the UDC) existing communications tower. Current Zoning District: GC General Commercial Property Information: Address or General Location of Property: TX- HOUO290 2850 Wooten Rd, Pearland, TX 77581 Tax Account No. 524090 Subdivision: Broadway West (A0304 HT &BRR)Lot: Block: A complete application must include all information shown on the Application Checklist attached to this application. „AT4c6Nf PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: NAME PMSV BROADWAY WEST STORAGE NAME Clear Wireless, LLC ADDRESS 10575 WESTOFFICE DR ADDRESS 3300 Carillion Point CITY Houston STATE TX ZIP 77581 CITY Kirkland STATE WA Zip 98033 PHONE( 713 436 2200 PHONE( 281 580 -4100 FAX( FAX( 281 580 -4108 E -MAIL ADDRESS E -MAIL ADDRESS blake griggs@ P /5 /gaff powderriverdev com "1 -(4104 _'Property owner a the current owner of the operty at the time of submittal of the application, and not the party that has the property under contract. owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. ACIT/1-cemrr wner's ..Ignature: Date: 0-00/0 Agent's Signature:_ Date: 1/19/2010 OFFICE USE ONLY: FEES DATE RECEIVED RECEIPT PAID: PAID: BY: NUMBER: Application No. Exhibit "B" Location Map Ordinance No. 2000CUP -37 1 l i -.e. 110RELN; I I I o r, Tom A. C ppNCH 2 trp r rT r. OLIVE MOUNT gri 1 p 4"- U `SUMMER BREEZE OR Gc 7 14 11 CT PROP ERT o p;cURI 1 fiC tUrl I 1 1 f 4 I cc si asi 1 ilk Q I 111111 re f 1 1 10 itp Vim Z ile 1 111 M NO CD 1 :(21 II I ey, lo nu 51. r 1,0 g I, ,1 410 CO ,0 q..\ tarn{ I I J n --Yet--,=fr.7 ,IIINt Nip 4k 9g i A a BROO►cviE woR VICINITY MAP T CONDITIONAL USE PERMIT 2009 -19 NORTH 2850 WOOTEN ROAD, PEARLAND, TEXAS Exhibit "C" Publications AFFIDAVIT OF PUBLIr1.1 No. 2000CUP -37 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 7.27 20 /J No. Date 20 No. Date 20 No. Date 20 No. Date 20 Zh U CFO Subscribe and sworn to before me this 2 8 day of r 20 0 Laura Ann Emmons, Publisher Notary Public, State of Texas CL P k)c.X Published Jan. '7 2( Company's Suburban Gardens Subdivision, as NOTICE OF A JOINT PUB- recorded in Volume 2, Page LIC HEARING OF THE 107, Plat Records of CITY COUNCIL Brazoria County, Texas, said AND THE PLANNING AND 8.870 Acre Tract being situ ZONING COMMISSION OF ated in the H.T. B. R.R. THE CITY OF PEARLAND, Co. Survey, Section 85, TEXAS Abstract No. 304, in Brazoria County. Texas. CONDITIONAL USE PERMIT APPLICATION Location: 2850 Wooten Rd, NO. CUP 2009-19 Pearland, Texas Notice is hereby given that At said hearing all interested on February 15, 2010, at parties shall have the right 6:30 p.m., the City Council and opportunity to appear and Planning and Zoning and be heard on the subject. Commission of the City of Pearland, in Brazoria, /s /Angela Gantuah Harris and Fort Bend Senior Planner Counties, Texas, will con- duct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, on the request of Clear Wireless, LLC., appli- cant for PMSV Broadway West Storage, owner, for a conditional use permit to allow the co- location of a cellular antenna in the General Commercial (GC) Zoning District, on the fol- lowing described property, to wit: Legal Description: Approximately 8.870 acres (386,368 square feet) more or less being that same cer- tain tract conveyed from East group -LNH Corporation to Palms Properties. L.L.C. as record- ed in file No, 96- 021151, Official Records of Brazoria County, Texas, same being out of Lot 20, Allison Richey Gulf Coast Home Exhibit "D" P &Z Recommendation Letter Ordinance No 2000CUP -37 P1 annin Zonrn Collmhissioll Recommendation Letter February 18, 2010 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2009 -19 Honorable Mayor and City Council Members: At their meeting of February 15, 2009, the Planning and Zoning Commission considered the following: A request of Clear Wireless LLC, applicant, and PMSV Broadway West Storage, owners, for approval of a Conditional Use Permit to permit the co- location of a cellular antenna and a 49 square foot equipment cabinet, in the General Commercial (GC) District, on the following described property: LEGAL DESCRIPTION: Approximately 8.870 acres (386,368 square feet) more or less being that same certain tract conveyed from Eastgroup -LNH Corporation to Palms Properties. L.L.C. as recorded in file No. 96- 021151, Official Records of Brazoria County, Texas, same being out of Lot 20, Allison Richey Gulf Coast Home Company's Suburban Gardens Subdivision, as recorded in Volume 2, Page 107, Plat Records of Brazoria County, Texas, said 8.870 Acre Tract being situated in the H.T. B. R.R. Co. Survey, Section 85, Abstract No. 304, in Brazoria County. Texas, GENERAL LOCATION: Located at 2850 Wooten Road, Pearland, TX. At the Planning and Zoning meeting of February 15, 2010, Vice -Chair Ron Capehart asked for consideration of shrubbery or that landscaping be added to the Wooten Road side of the structure. Planning and Zoning Commission also discussed adding slats to the existing chain -link fence, a masonry fence, and removal of the concertina wire on the top of the fence. Discussion ensued regarding the necessity of landscaping verses cost. Commissioner Susan Sherrouse made a motion to approve the conditional use permit as presented by the staff and applicant, Ron Capehart seconded the motion. The conditional use permit was approved 7 -0. Sincerely, Angela Gantuah, Senior Planner On behalf of the Planning and Zoning Commission Page 1