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R2017-CUP17-00025 2017-12-18RESOLUTION R2017- CUP17-00025 A resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow for a Privately Owned Helipad located in the Light Industrial (M-1) zoning district, A tract or parcel containing 11.9838 acres or 522,013 square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 413 Harris County, Texas and being all of a called 11.983 acre tract of land conveyed to Michael J. Plank, as recorded under Harris County Clerk's File Number (H.C.C.F. No.) S625855. (Located at 3330 South Sam Houston Parkway, Pearland, TX.) Conditional Use Permit Application No CUP 17-00025, within the Light Industrial (M-1) zoning district, at the request of Ward, Getz, & Associates, LLP represented by Danny Grimaldi, applicant, on behalf of Speed Shore Company represented by Spencer Bennett, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Ward, Getz, & Associates, LLP represented by Danny Grimaldi, applicant, on behalf of Speed Shore Company represented by Spencer Bennett, owner; is requesting approval of a Conditional Use Permit (CUP) to allow for a helipad use on an approximately 11.9838 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 18th day of December 2017, a Joint Special Meeting was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by online publication on the City website, a copy of which 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, 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 Ward, Getz, & Associates, LLP represented by Danny Grimaldi, applicant, on behalf of Speed Shore Company represented by Spencer Bennett, owner; for approval of a Conditional Use Permit on approximately 11.9838 acres of land to allow an helipad use; presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT RESOLVED 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 Light Industrial (M-1) zoning district, is hereby granted a Conditional Use Permit (CUP) to allow an helipad use, subject to all requirements of the M-1 zoning district, 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: A tract or parcel containing 11.9838 acres or 522,013 square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 413 Harris County, Texas and being all of a called 11.983 acre tract of land conveyed to Michael J. Plank, as recorded under Harris County Clerk's File Number (H.C.C.F. No.) S625855. General Location: 3330 South Sam Houston Parkway, Pearland, TX. 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 Resolution shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on this the 18th day of December, 2017. TOM REID MAYOR ATTEST: UNG ITY SE ETAR DARRIN M. COKER CITY ATTORNEY Resolution No. R2017 -CUP 17-00025 Exhibit "A" Exhibit A Legal Description A tract or parcel containing 11.9838 acres or 522,013 square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 413 Harris County, Texas and being all of a called 11.983 acre tract of land conveyed to Michael J. Plank, as recorded under Harris County Clerk's File Number (H.C.C.F. No.) S625855. Resolution No. R2017 -CUP 17-00025 Exhibit "B" Exhibit B Vicinity Map Exhibit 1 Zoning and Aerial Map 3330 S Sam Houston Parkway CUP 17-00025 Legend OSubject Area Thi. Product is fur 1nfornutloyal purpuaes and niav not have !w=en prepared for or be sultnhle for legsl. enpni..ring. or survennx purposes. It doer nut represent an onnhe.xn,und survey sun np,,nnt only theapproximaterelative t«atiw of Vwtxwr bnmdarias. 1 inch = 287 feet DECF11Ilf:R 2016 PLANNING ()EPA liTMENT Resolution No. R2017 -CUP 17-00025 Exhibit "C" Exhibit C Online Notification NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00025 Notice is hereby given that on December 18, 2017, 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 special meeting in the Training Room of the Public Safety Building located on the second floor, located at 2555 Cullen Parkway, Pearland, Texas, at the request of Ward, Getz, & Associates, LLP represented by Danny Grimaldi, applicant, on behalf of Speed Shore Company represented by Spencer Bennett, owner; for approval of a Conditional Use Permit (CUP) to allow for a Privately Owned Helipad located in the Light Industrial (M-1) zoning district; on approximately 11.9838 acres of land, to wit: A tract or parcel containing 11.9838 acres or 522,013 square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 413 Harris County, Texas and being all of a called 11.983 acre tract of land conveyed to Michael J. Plank, as recorded under Harris County Clerk's File Number (H.C.C.F. No.) S625855. General Location: 3330 South Sam Houston Parkway, Houston. 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. Martin Griggs Senior Planner