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Ord. 509-795 2005-10-10 ORDINANCE NO. 509-795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 4.9292 ACRE TRACT OF LAND BEING OUT OF AND A PART OF LOT 58 AND 57 OF FIGLAND ORCHARD SUBDIVISION, A SUBDIVISION OUT OF SECTION 13 OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 240, ACCORDING TO THE MAP OR PLAT OF SAME BEING RECORDED IN VOLUME 3, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, AND SOUTH OF FIGLAND STREET) (SPECIFIC USE PERMIT APPLICATION NO. 151) FOR A CHANGE FROM LIGHT INDUSTRIAL DISTRICT (M-1) TO A SPECIFIC USE PERMIT FOR "COMMERCIAL RADIO OR TELEVISION OR MICROWAVE TOWER" IN THE LIGHT INDUSTRIAL DISTRICT (M-1(S)), AT THE REQUEST OF VOICE STREAM HOUSTON, INC., APPLICANT FOR RANDY A. AND CONNIE L. LANGE, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Voice Stream Houston, Inc., applicant for Randy A. and Connie L. Lange, owners, filed on July 19, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, 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 WHEREAS, on the 15th day of August, 2005, 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 thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and 1 ORDINANCE NO. 509-795 WHEREAS, on the 1st day of September, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Voice Stream Houston, Inc., applicant for Randy A. and Connie L. Lange, owners, whereby the Commission recommended approval of the Specific Use Permit for a "Commercial Radio or Television or Microwave Tower", in the Light Industrial District (M-1(5)); 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 September 1, 2005; 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 Voice Stream Houston, Inc., applicant for Randy A. and Connie L. Lange, 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: I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Light Industrial District (M-1) is hereby zoned to Specific Use Permit for a Commercial Radio or Television or Microwave Tower, in the Light Industrial District (M-1(S)), such property being more particularly described as: 4.9292 acre tract of land being out of and a part of Lot 58 and 57 of Figland Orchard Subdivision, a subdivision out of Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240, according to the map or plat of same being recorded in Volume 3, Page 77, of the Plat Records of Brazoria County, 2 ORDINANCE NO. 509-795 City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, and South of Figland Street) The Specific Use Permit for the 40 foot by 50 foot easement area is subject to the following requirements: 1. The applicant meet the setbacks of the M-1 district, which includes a 35 foot front yard setback, and a 25 foot side yard and rear yard setback, from the property line. 2. The applicant provide a 10 foot high masonry fence on all sides of the lease space. 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 and that no valid protest of the proposed change has been made. 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. III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. 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. 3 ORDINANCE NO. 509-795 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 12th day of September , 2005. TOM REID MAYOR ATTEST: I •, NG L;'t"rr , it C SE "ETARY 4 ORDINANCE NO. 509-795 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 10th day of October , 2005. TOM REID MAYOR ATTEST: "UNG/ v-I� G, ;/'MC/ RETARY APPROVED AS TO FORM: CaC('---- DARRIN M. COKER CITY ATTORNEY 5 May 2005 ^N , City of Pearland 4-4 Community Development APPLICATION FOR 3523 Liberty Drive Wait;� A CHANGE IN ZONING Pear aond Texas 77581 E x 281-652-1768 Art-,i 281-652-1702 fax www.cityofpearland.com Please check one: n Change in Zoning Classification from: to: (list current zoning) (list proposed zoning) Specific Use Permit Request for : ("I're/ass lec o , * J- 1 (list proposed use) Onec . : IM1 Property Information: Address: A 3/�� rie Poad Poa Tax Account No. Li/a° - - 00 0 J Subdivision: //mod 0r(I, 'U Lot: C g Block: **Attach a copy of the metes and bounds description, survey, or legal description** Current use of property - -� 5 ,,�.� C�/�-� e�G,`� (type of structures on property): L° ' Future/propose 'use of propert and reason for zone change: i re/e . --t e/PCoive.�ve,1�ca,7`'`0^5 1z v /' (to oeoi e i .nol (ek --'-ecI Ea(4.ipi PROPERTY OWNER INFORMATION: APPLICANT INFORMATION: nt= NAME P A, ct n.) i,e I. L ow,e, NAM E V i 2 StR'c�wn }{p..tSt�1 L . S1 w n S�l. �o6w\ ADDRESS -�►y.-1,67 New-ic y P.. ,1,2/ ADDRESS Z G -Qnt Ply i # /MO CITY /P -/A•eld STATE _ZIP 7-7 5-5 LI CITY 1-0 V( 5fon STATE ne ZIP 770 (ei PHONE( ?Al ) 1115- (&638 PHONE(7/3 ) v0 7 - 3 L/ S FAX( ) FAX( 7/3 ) `I 2 7 - 3 40 3 E-MAIL ADDRESS E-MAIL ADDRESSS ft .S.+)e1,f,,V f evitk,k• Cowl PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature Date: Agent's Signature: �\..... Date: 7/i 8 D$ OFFICE USE ONLY: FEES ee/�O° DATE Q/05 RECEIVED APPLICATION PAID: �JC J PAID: I9 BY: NUMBER: 3 r J j I ***APPLICATION IS CONSIDERED INCOMPL WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND APPLICATION FEE*** Page 103 of 106 1 '1111111111111 FITE RD___ II ‘v rallarirmiliffilffi INI -Aill . 11 4 1111111111111 1111 111 111111111111 II /•DC liii % /#JAW - iiii — W A, SUBJECT PROPERTY WON 111 1 -m-- MI 111111111111111011110 1.11111111 III 1111111111111111111111fi -o-- 1111 A 17 *1 s s�M ' till D III , r------\ F-Th, F---7 LOCATION MAP N W+E 0 200 400 Feet Specific Use Permit Application s l ' ' ' ' I No. 151 Map Prepared on July 29, 2005 inli 1111111 Mai II IIIIIIIIIIIIIIHIMIMM aim alt !Ir Illial 1 I . �1i��lo IIIIIIII i �,■IIIIIINMIIIIIIIIIIIIIII .M1 .11,,,411 MIIIIIIIIIIII 1111 - 1- I- 1-1-1 ■ '1111111111 ■ �� i 111111111 kan KAN TEANG&HUY IN _- -- _k_11--- „...f•��• KAN TEANG&HUY IN I1i'„'11 imus,I,I,I./ n KAN TES HUY I.�'.,�__�� ,,. CHAPA MARIA M iris JOYCE IIIMAXWELL MARK E&SUSAN P PAIAAA CHAPA MARIA M '� JACKSON J D 1111 MASOZERA NICHOLAS M 1�(&2 LOTS EAST) DAVIDSON MICHAEL A 1 71 Rio A■111U1 III.lA.�pAe KING CHRISTOPHER&TIFFANY � Ir irwAmowA■w...UYEN THOMAS HAI Y MOSES THOMAS �iIIIIIII Ca Or Ay Ar WI�NTHOMAS J&PATRICIA 1-1 h ��, ONGKANTEAN�UYIN• ' MCCREARY KEVIN J&JANA V 418 �- �- __ _' I mamma r.. ABSHIRE ROBERT LEE - STEPHENS TERRENCE avi BUCKMASTER MICHAEL . ■ ..av_ - �■ - ORTEGA SEMIO S , BUCKMASTER MICHAEL A ■ � ■' I im -- -. 'I COLE BARBARAA Ma -NI'_'r SUBJECT , (&2 LOTS NORTH)�� PROPERTY ,= 200'NOTIFICATION Ilik ORDONEZ NATIVIDAD&MIRIAM ,O LIMITS 111 I • 0111Ik I LEDO DAN THANH&KIMANH SOW LEDO DAN THANH&KIMAN J, ‘0)11 VP rn 1111 4111E1 .es isor Alis : .2.• . ,A. .. a lisi . 4 • - OWNERSHIP MAP N W+E 0 200 400 Feet Specific Use Permit Application s 1 1 11 1 No. 151 Map Prepared on July 29, 2005 D o CO CO CO CO CO 0 o W CO In O O U) O LO (w!) 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T . -Mob1 ," Proposal To City of Pearland , T Wireless Telecommunications Facility Site # A3D0171 A -— ' r .r r ill pie Ciif 407 11F 6• •! ' tit $. .,., _ 4 ,.s;4! 4. i_. !'°. RAINTREEOR Y- ;r +�„ 7 tl, + *9 1 t I Pi - , - ,.LAND ST -I -_: ^ A � 4 _ X1,6 ' fir r....7.. �I. . 5 Va ' —4 tia .r7:1"-_, . 7+7 / a °- — — y r+ti w• O .ter ..... r, a ! L"Mlf --s--� pia OAKS BLVD :» ," �4 , ' ...,"2$$ . ,,,,,...-4,. .—- . -_ _ y # :�, A 1S a fe Mobile STATEMENT OF INTENT In accordance with Chapter 32 of the Land Use and Urban Development Ordinance, VoiceStream Houston,Inc. (T-Mobile)respectfully submits this statement in support of its application to the City of Pearland for approval of Specific Use Permit and other necessary permits to construct and operate a wireless telecommunications communications facility(WTF) at 3149 Harkey Road. 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 13.1 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) standard, allowing subscribers to use T-Mobile services internationally. As wireless has matured,more and more people have joined the wireless revolution,until wireless phones and devices have become so commonplace that it is no longer a luxury item,but rather a necessity.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 to and uses for the technology have changed. Those who once used their phone primarily for emergencies or while traveling now use their wireless handset as their primary means of communicating. Many people use their wireless phones more than their home or work landlines, and a growing number of Americans are ditching their landline altogether. In other countries,more people have cell phones than landlines, and in some parts of the world use wireless handsets instead of computers as their primary means to access the Internet. 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 are, including at work and at home. In order to meet these expectations,wireless networks that once focused primarily on users in their vehicles are now being expanded to provide coverage where they live,work and play. This—combined with an increased national attention on safety and security, as well 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 1 deployment of additional Wireless Telecommunications Facilities throughout the United States. The Technology GSM is similar to the older cellular services introduced more than 20 years 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 smaller service area. T-Mobile operates in the 1800 to 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 spectrum. The Proposal T-Mobile has entered into a lease agreement with the property owner for a 40' x 50' lease area. The proposed wireless service facility will be comprised of a fenced equipment compound located within the lease area containing a 120' self-supporting monopole structure and the necessary trarismitting/receiving equipment. The facility will be fenced and locked, accessed from Harkey Road by a small private access road, which will extend to the site from the access road 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 odor, and will have no signage other than those required for identification. 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/Design 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 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 small geographic sections or"cells". Each cell site holds the radio equipment that communicates with the subscriber and must be 2 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 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 are collocations on existing support structures. Following a thorough investigation of the properties in the geographic area, it is clear there is not a single existing structure within a reasonable distance of the location that is feasible for collocation and would also meet T-Mobile's engineering requirements. 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) in order to minimize visual impact while still allowing the flexibility needed for collocation. The site is on property zoned M-1 (Light Industrial). The property contains existing industrial uses. T-Mobile's site is in an undeveloped area of the tract, in a location that is fully or partially obscured from view in many directions by existing trees or buildings. The M-1 district is the second most intense use district in Pearland, making a communications facility an appropriate use on this property, which is the only M-1 property in the area. In fact, towers are allowed by SUP in other less intense districts, including OP,NS and GB. This is the best possible location for the site,both from an engineering standpoint and from a planning/community standpoint. The benefits of wireless services are evidenced by the tremendous growth in consumer demand over the past few years. 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 to residents and businesses alike. Moreover,the proposal furthers the City's policy of collocation to avoid the unnecessary proliferation of towers. 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 3 have 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. Propagation maps reflecting the coverage objectives, prepared by T-Mobile PCS Radio Frequency engineers, are attached. ZoninM Compliance &Application Merits The proposed facility is in compliance with Chapter 32 of the Land Use and Urban Development Ordinance. We will reprint the pertinent portions of the Tower Ordinance below and respond as appropriate: Section 32.3. Specific Use Permit Required. (a) 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 specific use permit. The procedures of this article relating to the application, processing, and determination of whether to grant a specific use permit, are in addition to any other provisions and requirements contained in other articles of these zoning regulations relating to specific use permits. In accordance with this requirement, T-Mobile is requesting a Specific Use Permit. (b) Rooftop mounted towers and antennas may be located on any buildings serving a nonresidential use and on an alternative tower structure without obtaining a specific use permit, if: (1) The structure, other than a tower on which the tower or antenna will be placed, exceeds 50 feet in height; (2) The tower and antenna will add no more than 20 feet total to the height of the existing structure; (3) The tower or antenna does not contain advertising; and (4) It complies with the lighting regulations for towers as specified in this article. 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. (c) The effects of radio frequency emissions on persons or the environment must not be considered in a proceeding involving an application for a specific use permit. Section 32.4. Application Procedures. An application for a specific 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: (a) 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 4 design of each tower. The Planning Department may share the information with other applicants for a specific use permit under this article. T-Mobile has attached a map showing all our existing cell sites in the greater Pearland area. Of the 11 sites, four are towers owned by T-Mobile. The remaining seven are collocation sites where T-Mobile has placed its antennas on existing towers or other structures owned by another company. This clearly illustrates T-Mobile's commitment to collocation as a first choice. (b) 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. Preliminary site plans are attached showing all required items. T-Mobile will work with City staff to ensure fencing and landscaping will comply with all requirements and guidelines. T-Mobile plans to use an opaque fencing material and landscaping around the compound. T-Mobile chose a site location that is partially obstructed from view by existing landscaping and vegetation, further reducing the visual impact of the facility. (c) A report from a professional structural engineer licensed in the State of Texas documenting the following: (1) Tower height and design, showing a cross-section of the tower structure. (2) 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 City when it becomes available. T-Mobile intends to construct a monopole that will accommodate the antennas of at least 3 PCS service providers. (d) 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 intends to make space on the monopole and compound available for lease to other users for collocation. It is common practice for T-Mobile and the other major wireless carriers to collocate on each others' towers throughout the United States. T-Mobile has master lease agreements with the major carriers and tower companies, and vice-versa. T-Mobile will comply with this requirement if structurally and technically possible. (e) 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: (1) 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. 5 This requirement was easy to meet. Simply put, there are no cellular towers or other tall structures anywhere near the area of need. T-Mobile already has our antennas placed on the nearest existing cellular towers. (f) 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 repeatedly met with City Planning staff to talk through this proposal and make sure questions are answered and the proper information is provided. T- Mobile would be happy to try to answer any other questions or requests for further information. Section 32.5. General Requirements and Regulations. (a) No advertising is permitted on an antenna or tower. T-Mobile will not place any advertising on the site. (b) No signs or illumination are 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 identification sign with an emergency number, as well 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) A new cell may 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 in order to achieve coverage objectives is very small. The nearest existing towers are not only too far away, but T-Mobile already has antennas mounted on these towers. (d)A tower must not be located in the required front yard in a residential district The proposed tower will be located more than 600 feet from the front of the subject property, far exceeding the front yard requirements. (e) All free-standing towers (not mounted on rooftops or alternative tower structures) must conform to the following minimum tower separation requirements: TOWER<50 50- 101- >150 HEIGHT feet 100 ft. 150 ft. feet <50 ft. 300' 500' 750' 1000' 50-100 ft. 500' 750' 1000' 1500' 101-150 ft. 750' 1000' 1500' 2000' >150 ft. 1000' 1500' 2000' 2500' There are no existing cell towers within 2000' of the proposed tower location. Section 32.6. Visual Impacts. (a) 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 6 monopole will have a galvanized steel finish. T-Mobile has found that galvanized steel blends in with the surroundings better than a painted surface. (b) 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 screen the compound with opaque fencing and drought-resistant landscaping. (c) 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. (d) Towers clustered at the same site must be of similar height and design. There are no other towers at the site. (e) 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 120' structure is similar to or shorter than most of the area towers, and clearly is of a design that will be less visually obtrusive than a guyed tower structure. Section 32.7. Principal,Accessory, and Joint Uses. (a) Accessory structures used in direct support of a tower is allowed but must not be used for offices,vehicle storage or other outdoor storage. Mobile or immobile equip-ment 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 only for maintenance. All structures and equipment will be contained within the fenced compound and will consist of uses directly related to the operation of the tower and facility. (b) 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 require-ments 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 20% percent of the tower height or 25 feet, whichever is greater. All existing uses on the property are well over the required distance from the proposed tower facility. (c) 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 no plans to construct additional towers at this site. Section 32.8. Shared Use. (a) To encourage shared use of towers, no building permit or specific 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 7 increased and the requirements of this article are met. T-Mobile applauds the City's encouragement of collocation, which reduces tower proliferation. (b)Any specific 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. (c) 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 specific use permit granted for the tower, and for refusing to approve a new specific use permit for any new tower or antenna. T-Mobile will comply with all the above requirements. In fact, we have an entire department devoted to handling requests to collocate on our towers. Section 32.9. Abandoned Towers. (a) 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) 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. T-Mobile will comply with the above requirements. Section 32.10. Pre-Existing Towers and Non-Conforming Uses. All communications towers operative prior to the effective date of this article, are allowed to continue their present usage as a nonconforming use and are treated as a non-conforming use in accordance with the zoning regulations. Routine maintenance is permitted on the existing towers. Construction other than routine 8 maintenance on an existing communi-cation tower must comply with the requirements of this article. Not Applicable. Section 32.11. Public Property. Antennas or towers located on property owned, leased or otherwise controlled by the City are exempt from the requirements of this article T-Mobile seriously considered a City Recycling facility to the South of the proposed site. The location was a little further south than T-Mobile's area of interest, but knowing the ordinance supported use of City property, and based past positive experiences working on similar projects with other Cities, T-Mobile made the inquiry. T-Mobile was informed that the City would not consider a proposal for placement of a communications tower on the property. Conclusion Everyday, over 50,000 "911" calls are made from wireless phones. The proposed T- Mobile site enhances the general welfare of the community by providing the infrastructure for these calls, as well as providing vital means of communication during times of emergency when traditional land lines are not available. The carefully selected and designed facility allows these calls to occur while remaining a site that 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. Thank you for your consideration. Please contact me with any questions or comments at(832) 605-7917. Sincerely, VOICESTREAM HOUSTON,INC. • Shawn W. St. John 9 E 0 0 0 M @) c ' :� ,. c •NIP y f ! f 11. t • 6 r ,°' 3 .� ,� 1I ! P� ( K� • .,fir�.iiiii. "„ ir.. 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CD NI.-7:0 ' - (1:1 OD -'L.a-I 2 43 C..) 0 0 8::: eq„ 0 0 / u u N co> Z co ).. cc n• . • 74 u_i fh LIP u, ---UP r--. co .8 °c m 6 0 5 0• 1-0(N r--- > E •••.. 01) a) i- o: • •••....•.......••. ......... ••...•..• 0 iL..) IV. JOINT PUBLIC HEARING AGENDA ITEM MEETING OF AUGUST 15, 2005 Specific Use Permit Application No. 151 TO: City Council Planning and Zoning Commission SUBJECT: A request by Voice Stream Houston, Inc., applicant for Randy A. and Connie L. Lange, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Radio or Television or Microwave Towers (Commercial)" in the Light Industrial District (M-1(S)) LEGAL 4.9292 acre tract of land being out of and a part of Lot 58 and DESCRIPTION: 57 of Figland Orchard Subdivision, a subdivision out of Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240, according to the map or plat of same being recorded in Volume 3, Page 77, of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas GENERAL Generally Located on the East Side of Harkey Road, and South LOCATION: of Figland Street APPROVAL PROCESS: After this Joint Public Hearing, the requested specific use permit application will be considered as follows: Planning and Zoning Commission: August 15, 2005* City Council for First Reading: September 12, 2005* City Council for Second Reading: September 26, 2005* (*dates subject to change if item is tabled) SUMMARY: The applicant is requesting approval of a Specific Use Permit for a wireless telecommunication tower on the subject property. The subject property is currently zoned JPH—SUP 151 Page 1 of 5 Light Industrial District (M-1), and is currently developed with a light industrial/commercial business. The applicant has leased a 2,000 square foot area of the overall M-1 tract. The Land Use and Urban Development Ordinance requires a specific use permit for a commercial tower in the M-1 district, as well as the other non-residential districts. The tower is proposed to be 120 feet tall, and would be located approximately 600 feet east of Harkey Road, well within the site. The tower would be 120 feet tall, and would be in a 40 foot by 50 foot lease area (2,000 square feet), and fenced in. The site would include the tower and several equipment cabinets. SURROUNDING ZONING AND LAND USES: Zoning Land Use North Suburban Development Single family residences; District (SD) undeveloped land South Suburban Development Undeveloped tracts District (SD) East Suburban Development Undeveloped tracts; single family District (SD) residences on large tracts West Single Family Dwelling District Single family residences within the (R-3) West Oaks residential subdivision CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting a Specific Use Permit for a telecommunications tower on a property already zoned M-1. The applicant would be required to comply with all setbacks and requirements of the M-1 district. The applicant will be required to comply with all other requirements of the Land Use and Urban Development Ordinance, as well as the Building Code and other various codes. PLATTING STATUS: Based on the legal description and survey submitted with the zone change application, it appears that the subject property has not been platted. Prior to issuance of a building permit, the subject property would need to be platted in accordance with the Subdivision Ordinance. The applicant will be required to plat the entire M-1 property, and not just the 2,000 square foot lease space, as the lease space by itself does not meet the minimum lot size and lot width requirements of the M-1 district. JPH—SUP 151 Page 2 of 5 The plat would need to be submitted, approved by the Planning and Zoning Commission, and filed for record, prior to issuance of a building permit. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "10,000 Square Foot Suburban Residential" for the subject property and for many of the surrounding properties to the south, north, and east of the subject property. The subdivision to the west is designated for "medium density residential" and is developed as such. The existing M-1 zoning of the subject property currently conflicts with the recommendation of "10,000 Square Foot Suburban Residential" for the subject property. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Harkey Road, a secondary thoroughfare with an ultimate right-of-way of 100 feet that is to be widened in the future as necessary. A dedication of right-of-way for Harkey Road may be required when the subject property is platted, if adequate right-of-way does not already exist for Harkey Road. No other roadways affect the subject property. AVAILABILITY OF UTILITIES: There is a 16 inch water main along the west side of Harkey Road. There is a 36 inch sanitary sewer gravity main along the east side of Harkey Road. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: The Land Use and Urban Development Ordinance of the City has an entire chapter devoted to the construction of telecommunication towers and antennas. The purpose of the regulations are to maximize the use of new and existing towers to prevent the proliferation of unnecessary towers and to minimize the adverse visual impacts of towers and antennas through design, siting, landscaping, and screening requirements. The tower site is proposed to be located approximately 600 feet into the property, thereby being approximately 600 feet from Harkey Road. The applicant has indicated that the ground equipment would be partially obscured by the existing buildings and landscaping on the site. The actual tower may be visible from surrounding properties. The Land Use Ordinance also states that "the effects of radio frequency emissions on JPH—SUP 151 Page 3 of 5 persons or the environment must not be considered in a proceeding involving an application for a specific use permit." Site Plan Considerations: The ordinance states that the applicant must also provide a site plan specifying the location of the towers, equipment buildings, access, parking, fencing, and landscaped areas. The applicant has provided a site plan, which indicates that the facility will be fenced and locked, accessed from Harkey Road by a private access easement, and will be visited for routine maintenance typically once a month. The applicant has also indicated that the facility will emit no noise, glare, or odor. The applicant has indicated that the site in is an undeveloped area of the subject property, and is fully or partially obscured from view by existing trees or buildings. The applicant has indicated that the site will be fenced with an opaque fencing material and drought resistant landscaping around the lease area. The applicant has not indicated what type of "opaque" fence will be provided. Staff believes that there are two types of opaque screening fences that are acceptable. One would be a masonry fence (either 6 or 8 feet high) along all sides of the lease area, with locked gates. The second type of fencing would be a wrought iron fence along all sides of the lease area, with evergreen landscaping on all sides, with locked gates. Staff recommends that the applicant provide a 6 foot high masonry fence as screening along the lease site to screen the ground equipment, with landscaping planted around the masonry wall, with opaque locked gates. It appears that the ground equipment is approximately 6 to 8 feet high. Barbed wire fences are prohibited in any zoning district and therefore, the applicant would not be allowed to place strands of barbed wire/razor wire along the top of the masonry fence. Co-Location: The Land Use Ordinance specifies that the applicant must provide an inventory of the existing towers within the City, specifying the location and height of each tower (see attached). The applicant has also indicated that they typically try to co-locate antennas on existing structures to avoid the need for new tower sites, and that no tower site is located within 2,000 feet of the proposed tower location. The applicant has also indicated that the tower would be available for future co-location of wireless facilities. Competing wireless companies also do share facilities on their towers. The applicant has indicated that there is not an existing structure within a reasonable distance that would allow co-location. To encourage the shared use of towers, no building permit or specific use permit is required for the addition of antennas to an existing tower as long as the height of the tower on which the antenna is placed is not increased. JPH—SUP 151 Page 4 of 5 PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the specific use permit, as proposed by the applicant, for the following reasons: 1 . The proposed specific use permit provides for a wireless telecommunication tower that is permitted by specific use permit in the current M-1 zoning of the subject property. 2. The proposed tower would be located approximately 600 feet east of Harkey Road, which reduces the visibility from Harkey Road, as well as established residential neighborhoods. 3. The applicant has provided evidence that the co-location on an existing tower site is not possible. As part of the Specific Use Permit, Staff recommends the following: 1 . The applicant provide a 6 foot high masonry fence as screening along the lease site to screen the ground equipment, with landscaping planted around the masonry wall, with opaque locked gates. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • Property Ownership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan • Additional Information from the Applicant • Proposed Site Plans JPH—SUP 151 Page 5 of 5 RE R- t r_ ---_-I 1111r111 lipE RD__ . , . . . 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F) DATE SUBMITTED: September 1 , 2005 DEPT. OF ORIGIN: Planning & Zoning PREPARED BY: Theresa Grahmann, Senior Planner PRESENTER: Nick Finan SUBJECT: Specific Use Permit Application No. 151 EXHIBITS: Recommendation Letter from the Planning & Zoning Commission, Ordinance, Zone Change Application, Location Map, Joint Public Hi aring Staff Report, Other Maps and Documents EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A ACCOUNT NO. N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO. N/A FUNDS AVAILABLE (Finance Department Approval) EXECUTIVE SUMMARY The applicant is requesting approval of a Specific Use Permit for a wireless telecommunication tower on the subject property. The subject property is currently zoned Light Industrial District (M-1), and is currently developed with a light industrial/commercial business. The applicant has leased a 2,000 square foot area of the overall M-1 tract. The Land Use and Urban Development Ordinance requires a specific use permit for a commercial tower in the M-1 district, as well as the other non-residential districts. The tower is proposed to be 120 feet tall, and would be located approximately 600 feet east of Harkey Road, well within the site. The tower would be 120 feet tall, and would be in Agenda Request SUP 151 Page 1 of 4 a 40 foot by 50 foot lease area (2,000 square feet), and fenced in. The site would include the tower and several equipment cabinets. The staff report presented at the Joint Public Hearing on August 15, 2005, is attached to this request, for your reference. JOINT PUBLIC HEARING COMMENTS During the public hearing held on August 15, two property owners on Sumac Drive within West Oaks (the subdivision on the west side of Harkey Road), spoke in opposition to the proposed specific use permit. One property owner in another location of the City spoke in support of the proposed specific use permit. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning & Zoning Commission considered this zone change request at their regular meeting of August 15, 2005. Commission Member locco made a motion to recommend approval of the specific use permit request, which was seconded by Commission Member McWhorter. The motion included the following conditions: 1 . The applicant meet the setbacks of the M-1 district, which includes a 35 foot front yard setback, and a 25 foot side yard and rear yard setback, from the property line. 2. The applicant provide a 10 foot high masonry fence on all sides of the lease space. The motion to approve passed 5 — 0. The specific use permit was recommended for approval by the Planning and Zoning Commission. RECOMMENDED ACTION Consider the requested specific use permit. Agenda Request SUP 151 Page 2 of 4 P1aImill Planning & Zoning Recommendation Letter September 1, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re. Recommendation on Specific Use Permit Application No. 151, a rec,aest by Voice Stream Houston, Inc., applicant for Randy A. and Connie L. Lange, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Radio or Television or Microwave Towers (Commercial)" in the Light Industrial District (M-1(S)), Honorable Mayor and City Council Members: At their regular meeting of August 15, 2005, the Planning and Zoning Commission considered the request for approval of a Specific Use Permit for "Radio or Television or Microwave Towers (Commercial)" in the Light Industrial District (M-1(S)), on the following described property, to wit: Legal Description: 4.9292 acre tract of land being out of and a part of Lot 58 and 57 of Figland Orchard Subdivision, a subdivision out of Section 13 of the H.T. & B.R.R. Company Survey, Abstract 240, according to the map or plat of same being recorded in Volume 3, Page 77, of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas General Location: Generally Located on the East Side of Harkey Road, and South of Figland Street The Planning & Zoning Commission considered this zone change request at their regular meeting of August 15, 2005. Commission Member locco made a motion to Agenda Request SUP 151 Page 3 of 4 recommend approval of the specific use permit request, which was seconded by Commission Member McWhorter. The motion included the following conditions: 1. The applicant meet the setbacks of the M-1 district, which includes a 35 foot front yard setback, and a 25 foot side yard and rear yard setback, from the property line. 2. The applicant provide a 10 foot high masonry fence on all sides of the lease space. The motion to approve passed 5 — 0. The specific use permit was recommended for approval by the Planning and Zoning Commission. Sincerely, Planning and Zoning Commission Agenda Request SUP 151 Page 4 of 4 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 in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for ./ issues, as follows: No Date �- 3 20 c-).5 No. Date 20 No. Date 20 No. .Date 20 No. Date 20 Att CFO Subscribe and sworn to before me this /7 k day of J4'4- 20aC0 gpRYFD • •••t• / "wC�malarl,P�pAC,NNE �� , m�ss;�n re o,Teas Laura Ann Emmons, Publisher rprres °9"°9-200E � `'''• Notary Public, State of Texas T.� r r ,.f ,PP• 151 Published July 27 and August 3,2005 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS SPECIFIC USE PERMIT APPLICATION NO.151 Notice is hereby given that on August 15,2005,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 Council Chambers of City Hall,3519 Liberty Drive, Pearland, Texas, on the request of Voice Stream Houston,Inc., applicant for Randy A. and Connie L. Lange, owners, for an amendment to the Land Use and Urban Development Ordinance of said City, for approval of a Specific Use Permit for "Radio or Television or Microwave Towers (Commercial)" in the Light Industrial District(M-1(S)), on the following described property,to wit: 4.9292 acre tract of land being out of and a part of Lot 58 and 57 of Figland Orchard Subdivision,a sub- division out of Section 13 0l the H.T.&B.R.R.Company Survey, Abstract 240. according to the map or plal of same being recorded it Volume 3, Page 77, of the Plat Records of Brazoria County, City of Pearland, Brazoria County, Texas (Generally Located on the East Side of Harkey Road, and South of Figland Street) At said hearing all interest- ed parties shall have the right and opportunity to appear and be heard on the subject. is/Theresa Grahmann Senior Planner