Ord. CUP2015-08 2015-07-27 Ordinance No. CUP 2015-08
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for a Wireless Communications
Tower, Being Lot 9 in Block "P" of Allison Richey Gulf Coast Home Co.
Survey and part of Suburban Gardens, a subdivision in Harris County, Texas
according to the map or plat thereof recorded in Volume 3, Page 40 of the
map records of Harris County, Texas, save and except the westerly ten feet
(10') conveyed to the county of Harris for the widening of Hooper Road in
instrument recorded in Volume 988, Page 715 of the deed records of Harris
County, Texas. (Located at 15115 Hooper Road, Pearland, TX),
Conditional Use Permit Application No 2015-08, within the Spectrum -3
(SP3) zoning district, at the request of Christine Lewis, authorized agent for
Verizon Wireless, applicant; on behalf of Susie M. Lorance, owner;
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Christine Lewis, authorized agent for Verizon Wireless, applicant; on
behalf of Susie M. Lorance, owner; is requesting approval of a Conditional Use Permit
(CUP) to allow for a Wireless Communications Tower on approximately 11.67 acres of
land on the following described property; said property being legally described in the
legal description attached hereto and made a part hereof for all purposes as Exhibit "A,"
and more graphically depicted in the vicinity map attached hereto and made a part
hereof for all purposes as Exhibit "B"; and
WHEREAS, on the 15th day of June 2015, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication being attached hereto and made a part hereof for all
purposes as Exhibit "C," said call and notice being in strict conformity with provisions of
Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, on the 15th day of June 2015, the Planning and Zoning Commission
submitted its report and recommendation to the City Council regarding the proposed
I
Conditional Use Permit to allow for a Wireless Communications Tower on approximately
11.67 acres of land, 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, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 13th day of July 2015 and
the 27th day of July 2015; 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 Christine Lewis, authorized agent for Verizon Wireless, applicant;
on behalf of Susie M. Lorance, owner; for approval of a Conditional Use Permit on
approximately 11.67 acres of land to allow for a wireless Communications Tower;
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 City
Limits of the City of Pearland, Texas, and presently being located within the Spectrum
— 3 (SP3) zoning district, is hereby granted a Conditional Use Permit to allow for the
construction of a Wireless Communications Tower, subject to all requirements of the
SP3 zoning district and the site plan attached hereto and made a part hereof for all
purposes as Exhibit "E", in accordance with all conditions and requirements of the
current Unified Development Code and the following conditions approved by the City
Council and incorporated for all purposes, such property being more particularly
described as:
Legal Description: Being Lot 9 in Block "P" of Allison Richey Gulf Coast Home
Co. Survey and part of Suburban Gardens, a subdivision in Harris County, Texas
Page 2 of 10
Ord. No CUP 2015-08
I
according to the map or plat thereof recorded in Volume 3, Page 40 of the map
records of Harris County, Texas, save and except the westerly ten feet (10')
conveyed to the county of Harris for the widening of Hooper Road in instrument
recorded in Volume 988, Page 715 of the deed records of Harris County, Texas.
General Location: 15115 Hooper Road, Pearland, TX
Conditions of Approval:
1 . As a condition for approval, ground equipment shall be screened with a chain-link
fence and landscaping.
2. The access drive to the facility shall be paved with either concrete or asphalt.
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 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 for consideration and decision.
Section 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.
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 second and final reading.
Page 3 of 10
Ord. No CUP 2015-08
PASSED. APPROVED, and ADOPTED on First Reading this 13th day of July,
2015.
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TOM REID
MAYOR
ATTEST:
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PASSED, APPROVED. and ADOPTED on Second and Final Reading this 27th
day of July, 2015.
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TOM REID
MAYOR
ATTEST: ,0,t ,,,/
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SEC°,ARY .
APPROVED AS TO FORM:
04,41
DARRIN M. COKER
CITY ATTORNEY
Page 4 of 10
Ord. No CUP 2015-08
I
Ordinance No. CUP 2015-08
Exhibit "A"
Exhibit A
Legal Description
Being Lot 9 in Block "P" of Allison Richey Gulf Coast Home Co. Survey and part of
Suburban Gardens, a subdivision in Harris County, Texas according to the map or plat
thereof recorded in Volume 3, Page 40 of the map records of Harris County, Texas,
save and except the westerly ten feet (10') conveyed to the county of Harris for the
widening of Hooper Road in instrument recorded in Volume 988, Page 715 of the deed
records of Harris County, Texas.
Page 5 of 10
Ord. No CUP 2015-08
Ordinance No. CUP 2015-08
Exhibit "B"
Exhibit B
Vicinity Map
TMinL. Exhibit 1
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Page 6 of 10
Ord. No CUP 2015-08
Ordinance No. CUP 2015-08
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of May 28, 2015.
i
Publisher's Representative
Sworn to and subscribed before me this day of iv)2O , 2015.
/2q-Z-e/dt-
Notary Public /
My commission expires on
""""' MARILYN ZARATE
r.r' .PC PIOtOiy PubflC,St01@ O Texas
My Commission Expires
'„f September 07, 2018
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND,TEXAS
CONDITIONAL USE PERMIT APPLICATION NO:CUP 2015-08
Notice is hereby given that on June 15, 2015 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,
located at 3519 Liberty Drive, Pearland, Texas, at the request of
Christine Lewis, authorized agent for Verizon Wireless, applicant;
on behalf of Susie M.Lorance,owner;for approval of a Conditional
Use Permit (CUP) to allow for the construction of a Wireless
Communications Tower in the Spectrum-3(S3)zoning district on
approximately 11.67 acres of land,to wit:
Being Lot 9 in Block "P" of Allison Richey Gulf Coast
Home Co. Survey and part of Suburban Gardens, a
subdivision in Harris County,Texas according to the map
or plat thereof recorded in Volume 3,Page 40 of the map
records of Harris County, Texas, save and except the
westerly ten feet (10') conveyed to the county of Harris
for the widening of Hooper Road in instrument recorded
in Volume 988, Page 715 of the deed records of Harris
County,Texas.
General Location: 15115 Hooper Road, Pearland,TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652- -
1765.
Ian Clowes
Interim City Planner
Exhibit C
Legal Ad
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NO: CUP 2015-08
Notice is hereby given that on June 15, 2015 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,
4 located at 3519 Liberty Drive. Pearland, Texas, at the request of
Christine Lewis. authorized agent for Verizon Wireless, applicant;
on behalf of Susie M. Lorance. owner; for approval of a Conditional
Use Permit (CUP) to allow for the construction of a Wireless
Communications Tower in the Spectrum - 3 (S3) zoning district on
approximately 11.67 acres of land. to wit:
Being Lot 9 in Block "P" of Allison Richey Gulf Coast
Home Co. Survey and part of Suburban Gardens. a
subdivision in Harris County, Texas according to the map
or plat thereof recorded in Volume 3. Page 40 of the map
records of Harris County. Texas, save and except the
westerly ten feet (10') conveyed to the county of Harris
for the widening of Hooper Road in instrument recorded
in Volume 988, Page 715 of the deed records of Harris
County, Texas.
General Location: 15115 Hooper Road, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652-
1765.
Ian Clowes
Interim City Planner
Page 7 of 10
Ord. No CUP 2015-08
Ordinance No. CUP 2015-08
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Pt
OA 4'Pe
1
PEARS ANI,
est. '
Planning &
Zoning Commission
Recommendation Letter
June 16, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-08
Honorable Mayor and City Council Members:
At their regular meeting on June 15, 2015, the Planning and Zoning Commission
considered the following:
A request of Christine Lewis, authorized agent for Verizon Wireless, applicant; on
behalf of Susie M. Lorance, owner; for approval of a Conditional Use Permit
(CUP) to allow for the construction of a Wireless Communications Tower in the
Spectrum - 3 (S3) zoning district on approximately 11 .67 acres of land, to wit:
Legal Description: Being Lot 9 in Block "P" of Allison Richey Gulf Coast Home
Co. Survey and part of Suburban Gardens, a subdivision in Harris County, Texas
according to the map or plat thereof recorded in Volume 3, Page 40 of the map
records of Harris County, Texas, save and except the westerly ten feet (10')
conveyed to the county of Harris for the widening of Hooper Road in instrument
recorded in Volume 988, Page 715 of the deed records of Harris County, Texas.
General Location: 15115 Hooper Road, Pearland, TX
Page 8 of 10
Ord. No CUP 2015-08
P&Z Vice Chairperson Daniel Tunstall made a motion to recommend approval of the
CUP request with staff's conditions. The motion was seconded by P&Z Commissioner
Derrick Reed. The vote was 6-0 and the motion was approved. Commissioners Reed,
Starr, Tunstall, McFadden, Fuertes, and Duncan all voted in favor of the requested
CUP.
Sincerely,
--2
Ian Clowes
Interim City Planner
On behalf of the Planning and Zoning Commission
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Page 9 of 10
Ord. No CUP 2015-08
Ordinance No. CUP 2015-08
Exhibit "E"
Exhibit E
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Page 10 of 10
Ord. No CUP 2015-08