R2023-CUP23-02 2023-02-20RESOLUTION R2023- CUP23-02
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow the installation of a hundred and four-
foot (104’) tall wireless communications tower on approximately 9.0476
acres of land within the General Commercial (GC) District, being Lot 1, in
Block 1, Minor Plat of 1011 Main Addition, a subdivision in Brazoria County,
Texas, according to the map or plat recorded in Clerk’s File No. 2012009314
of the Official Records of Brazoria County, Texas (located at 1013 Main
Street, Pearland, TX). Conditional Use Permit Application No CUP23-02, for
the installation of a hundred and four-foot (104’) tall wireless communications
tower within the General Commercial (GC) District, at the request of Richard
Markus, applicant, on behalf of Columns, Inc., owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Richard Markus, applicant, on behalf of Columns, Inc., owner, are
requesting approval of a Conditional Use Permit (CUP) for the installation of a hundred
and four-foot (104’) tall wireless communications tower within the General Commercial
(GC) District, on approximately 9.0476 acres of land; 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 6th day of February 2023, a public hearing was held before the
Planning and Zoning Commission 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 Planning and Zoning commission 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 Richard Markus, applicant, on behalf of
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Columns, Inc., owner, for approval of a Conditional Use Permit (CUP) for the installation
of a hundred and four-foot (104’) tall wireless communications tower within the General
Commercial (GC) District; presented which, in the judgment of the Planning and Zoning
Commission have provided input and discussion; and
WHEREAS, on the 20th day of February 2023, 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 Richard Markus, applicant, on
behalf of Columns, Inc., owner, for approval of a Conditional Use Permit (CUP) for the
installation of a hundred and four-foot (104’) tall wireless communications tower within the
General Commercial (GC) 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
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for the
installation of a hundred and four-foot (104’) tall wireless communications tower, in
accordance with all conditions and requirements of the Unified Development Code
approved by the City Council and incorporated for all purposes, such property being more
particularly described as:
Legal Description: Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a
subdivision in Brazoria County, Texas, according to the map or plat
recorded in Clerk’s File No. 2012009314 of the Official Records of Brazoria
County, Texas.
General Location: 1013 Main Street, Pearland, TX.
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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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution 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.
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PASSED, APPROVED, and ADOPTED on this day, the 20th day of February 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a subdivision in Brazoria County,
Texas, according to the map or plat recorded in Clerk’s File No. 2012009314 of the Official
Records of Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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