R2021-CUP21-00006 2021-03-15RESOLUTION R2021- CUP21-00006
A Resolution of the City Council of the City of Pearland, Texas, approving a
(CUP) for Radio or Television or Microwave Towers (Commercial)
within the Single-family Residential-12 (SR-12) District, on the vacant
parcel east of the Pearland. Being 61.154 acres out of Lot A, Block 1, of the
Pearland Recreation Center and Natatorium/ Pearland I.S.D. Athletic
Complex, an addition in the City of Pearland, Brazoria County, Texas,
recorded in County Clerk's File No. 2009018647, of the Official Plat Records
of Brazoria County, Texas. (3849 Bailey Road, Pearland, Texas).
Conditional Use Permit Application No. CUP 21-00006, within the Suburban
Residential-12 (SR-12) District, at the request of Samantha Peters, Harrison
Kornberg Architects, applicant, on behalf of Larry Berger, Pearland
Independent School District, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Samantha Peters, Harrison Kornberg Architects, applicant, on
behalf of Larry Berger, Pearland Independent School District, owner, requesting
approval of a Conditional Use Permit (CUP) to allow Radio or Television or Microwave
Towers (Commercial) on approximately 61.154 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 March, 2021, 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 Samantha Peters, Harrison Kornberg Architects, applicant, on
behalf of Larry Berger, Pearland Independent School District, owner, for approval of a
Conditional Use Permit (CUP) to allow Radio or Television or Microwave Towers
(Commercial) on approximately 61.154 acres of land ; 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 Suburban
Residential-12 (SR-12) District, is hereby granted a Conditional Use Permit (CUP) to
allow Radio or Television or Microwave Towers (Commercial), subject to all
requirements of the Suburban Residential-12 (SR-12) 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: Being 61.154 acres out of Lot A, Block 1, of the Pearland
Recreation Center and Natatorium/ Pearland I.S.D. Athletic Complex, an addition
in the City of Pearland, Brazoria County, Texas, recorded in County Clerk's File
No. 2009018647, of the Official Plat Records of Brazoria County, Texas.
General Location: 3849 Bailey Road, Pearland, Texas.
Conditions: The expiration date of this CUP will be 24 months after the date of
approval and the structures will be no closer than what is currently shown on the
site plan.
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.
PASSED, APPROVED, and ADOPTED on this the 1 5th d y f March 2021.
EVIN COLE
AYOR
ATTEST:
CRYSTAL ROAN, TRMC, CIY/IC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
P�`.R.L4/171,
Exhibit A
Legal Description
Being 61.154 acres out of Lot A, Block 1, of the Pearland Recreation Center and
Natatorium/ Pearland I.S.D. Athletic Complex, an addition in the City of Pearland,
Brazoria County, Texas, recorded in County Clerk's File No. 2009018647, of the
Official Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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Exhibit 1
Zoning & Aerial Map
CUP 21-00006
3849 Bailey Road
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281.652.1765
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
FAX: 281.652.1702 www.pearlandtx.gov
NOTICE OF A 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 21-00006
A request by Samantha Peters, Harrison Kornberg Architects, applicant, on behalf
of Larry Berger, Pearland Independent School District. owner, for approval of a
Conditional Use Permit (CUP) for Radio or Television or Microwave Towers
(Commercial) within the Single-family Residential-12 (SR-12) District, to
accommodate the installation of a short term (18-24 month or less) research grade
weather station consisting of two radars on the vacant parcel east of the Pearland
Recreational Center and Natatorium, on approximately 61.154 acres of land; to wit:
Legal Description: Being 61.154 acres out of Lot A, Block 1, of the Pearland
Recreation Center and Natatorium/ Pearland I.S.D. Athletic Complex, an addition in
the City of Pearland, Brazoria County, Texas. recorded in County Clerk's File No.
2009018647, of the Official Plat Records of Brazoria County, Texas.
General Location: 3849 Bailey Road, Pearland, Texas.
Summary: The applicant proposes to install two weather radars: Radar "1" will
occupy a pad approximately 60' x 60' and Radar "2" will occupy a pad
approximately 85' x 85'. A road approximately 890' long and 12' wide will connect
the two radar pads. A radar use is not listed in the UDC; however, it may be
classified as Radio or Television or Microwave Towers (Commercial).
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE & IN -PERSON
on:
Monday, March 15, 2021 at 6:30 P.M.
You are receiving this notice because appraisal district records indicate that you
own property within 200 feet of the subject property identified on the attached map.
You are invited to voice your support or opposition for the above referenced request
by submitting comments or requesting to speak remotely. You may submit
comments by email to slowe(a)pearlandtx.gov or submit a request to speak remotely
during the tele-conference. The public will be permitted to offer public comments by
telephone as first priority and in -person as provided by the agenda and as permitted
by the presiding officer during the meeting. All speakers MUST register in advance.
To speak remotely during the meeting, speakers MUST:
• Submit the online registration form found at:
https://pearlandtx.civicweb.net/Portal/MeetingTypeList.aspx.
• Registration must be received no later 12 p.m. on Monday, March 15. Once
the registration form is received, residents will receive either an email or
phone call providing them a telephone number to call on Monday, March 15.
• Speakers must call in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.