R2019-CUP19-00019 2019-12-16 RESOLUTION R2019- CUP19-00019
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a cellular communication tower
on approximately 0.79 acres of land within the General Business (GB)
District, being a tract or parcel containing 0.7923 acres or 34,515 square
feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 309,
Brazoria County, Texas, being all of a called 0.331-acre tract of land (known
as Parcel "B"), and a portion of a called 0.2163 acre tract of land (known as
Parcel "C") conveyed to Fite Interests, Ltd. As recorded under Brazoria
County Clerk's File (B.C.C.F.) No. 2018064764, and all of a called 0.0864-
acre tract of land conveyed to Fite Interests Ltd. As recorded under B.C.C.F
No. 2019021953 (Located at the southeast Corner of Cullen Parkway
and Old Chocolate Bayou Road). Conditional Use Permit Application No
CUP19-00019, within the General Business (GB) District, at the request of
Jennifer Evans, representing Signature Companies, applicant, on behalf of
Fite Interests Ltd., owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Jennifer Evans, representing Signature Companies, applicant, on
behalf of Fite Interests Ltd., owner, is requesting approval of a Conditional Use Permit
(CUP) to allow a cellular communication tower on approximately 0.79 acres of land
within the General Business (GB) District 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 161" day of December, 2019, 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 advertised in the premises, finds that in the
case of the application of Jennifer Evans, representing Signature Companies, applicant,
on behalf of Fite Interests Ltd., owner, requesting approval of a Conditional Use Permit
(CUP) to allow a cellular communication tower on approximately 0.79 acres of land
within the General Business (GB) District 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 General
Business (GB) District, is hereby granted a Conditional Use Permit (CUP) to allow a
cellular communication tower, subject to all requirements of the General Business (GB)
District and the Corridor Overlay District, in accordance with all conditions and
requirements of the 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 0.7923 acres or 34,515 square
feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 309, Brazoria
County, Texas, being all of a called 0.331-acre tract of land (known as Parcel
"B"), and a portion of a called 0.2163-acre tract of land (known as Parcel "C")
conveyed to Fite Interests, Ltd. As recorded under Brazoria County Clerk's File
(B.C.C.F.) No. 2018064764, and all of a called 0.0864-acre tract of land
conveyed to Fite Interests Ltd. As recorded under B.C.C.F No. 2019021953.
General Location: Southeast Corner of Cullen Parkway and Old Chocolate
Bayou Road, 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 Resolution 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 Resolution 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.
PASSED, APPROVED, and ADOPTED on this the 16th day of December 2019.
I
S.33\ TOM REID
MAYOR
ATTEST: ....i,,,i►►
t
MARIA RODRIGUEZ
INTERIM CITY SECRETARY •
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
A tract or parcel containing 0.7923 acres or 34,515 square feet of land, situated in the
H.T. & B.R.R. Co. Survey, Abstract No. 309, Brazoria County, Texas, being all of a
called 0.331-acre tract of land (known as Parcel "B"), and a portion of a called 0.2163
acre tract of land (known as Parcel "C") conveyed to Fite Interests, Ltd. As recorded
under Brazoria County Clerk's File (B.C.C.F.) No. 2018064764, and all of a called
0.0864-acre tract of land conveyed to Fite Interests Ltd. As recorded under B.C.C.F No.
2019021953.
Exhibit B
Vicinity Map
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Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX: 281.652-1702 www.pearlandtx.gov
NOTICE OF A SPECIAL JOINT PUBLIC HEARING OF THE CITY
COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE
CITY OF PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application: CUP 19-00019
A request by Jennifer Evans, representing Signature Companies,
applicant, on behalf of Fite Interests Ltd., owner, for approval of a
Conditional Use Permit (CUP) to allow the installation of a hundred and
fifty feet (150') tall wireless communications tower on approximately 0.79
acres of land within the General Business (GB) District; to wit:
Legal Description: A tract or parcel containing 0.7923 acres or 34,515
square feet of land, situated in the H.T. & B.R.R. Co. Survey, Abstract No.
309, Brazoria County, Texas, being all of a called 0.331-acre tract of land
(known as Parcel "B"), and a portion of a called 0.2163 acre tract of land
(known as Parcel "C") conveyed to Fite Interests, Ltd. As recorded under
Brazoria County Clerk's File (B.C.C.F.) No. 2018064764, and all of a
called 0.0864-acre tract of land conveyed to Fite Interests Ltd. As
recorded under B.C.C.F No. 2019021953.
General Location: Southeast Corner of Cullen Parkway and Old
Chocolate Bayou Road, Pearland, TX.
Summary: The applicant proposes to install a 150' high cellular
communication tower on the triangular shape parcel located at the
southeast corner of Cullen Parkway and Old Chocolate Bayou Road.
I
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, December 16, 2019