R2024-CUP24-10 2024-04-22RESOLUTION R2024- CUP24-10
Consideration and Possible Action - Resolution No. R2024-CUP24-10 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to replace an existing wireless
communications tower with a hundred and fifty feet (150’) tall wireless
communications tower within the Light Industrial (M-1) District, to
accommodate a new wireless communications tower, on approximately 9.140
acres of land, being a 9.140-acre (358,154.94 square feet) tract of land
situated in the ACH&B Survey, Section No. 1, Abstract No. 147, being all of a
called 9.1404 acres, described in deed to Bill E. Williams & Nancy C. Williams,
Trustees, recorded in Instrument No. 2015040910, Deed Records, Brazoria
County, Texas (located at 3326 South Main Street, Pearland,
TX). Conditional Use Permit Application No CUP24-10, for a new wireless
communications tower, within the Light Industrial (M-1) District, at the request
of Vincent Gerard & Associates, applicant, on behalf of Bill & Nancy Williams,
owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
WHEREAS, Vincent Gerard & Associates, applicant, on behalf of Bill & Nancy
Williams, owner, is requesting approval of a Conditional Use Permit (CUP) to replace an
existing wireless communications tower with a hundred and fifty feet (150’) tall wireless
communications tower within the Light Industrial (M-1) District, on approximately 9.140
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 1st day of April 2024, 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
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WHEREAS, the Planning and Zoning commission having fully reviewed all the
information provided and heard the testimony of all those who wished to speak has
provided a recommendation letter with input and discussion attached hereto as Exhibit
“D”; and
WHEREAS, on the 22nd day of April 2024, the City Council having fully heard the
testimony and argument of all interested parties finds that in the case of the application
of Vincent Gerard & Associates, applicant, on behalf of Bill & Nancy Williams, owner, is
requesting approval of a Conditional Use Permit (CUP) to replace an existing wireless
communications tower with a hundred and fifty feet (150’) tall wireless communications
tower within the Light Industrial (M-1) 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 Light
Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) to replace an
existing wireless communications tower with a hundred and fifty feet (150’) 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: Being a 9.140-acre (358,154.94 square feet) tract of land
situated in the ACH&B Survey, Section No. 1, Abstract No. 147, being all of a
called 9.1404 acres, described in deed to Bill E. Williams & Nancy C. Williams,
Trustees, recorded in Instrument No. 2015040910, Deed Records, Brazoria
County, Texas.
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General Location: 3326 South Main Street, Pearland, TX.
Conditions:
1.an FAA approved standard light on top of the communications tower
without the associated software package (Notice to Airmen).
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 22nd day of April 2024.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
Being a 9.140-acre (358,154.94 square feet) tract of land situated in the ACH&B Survey,
Section No. 1, Abstract No. 147, being all of a called 9.1404 acres, described in deed to
Bill E. Williams & Nancy C. Williams, Trustees, recorded in Instrument No. 2015040910,
Deed Records, Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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Exhibit “D”
Recommendation Letter with Input and Discussion
Recommendation Letter with Input and Discussion
April 2, 2024
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Conditional Use Permit Application No. CUP 24-10
Honorable Mayor and City Council Members:
At their regular meeting on April 1, 2024, the Planning and Zoning Commission considered the
following:
Public Hearing: A request by Vincent Gerard & Associates, applicant, on behalf of Bill &
Nancy Williams, owner, for approval of a Conditional Use Permit (CUP) to replace an
existing wireless communications tower with a hundred and fifty feet (150’) tall wireless
communications tower within the Light Industrial (M-1) District, on approximately 9.140
acres of land, to wit:
Legal Description: Being a 9.140-acre (358,154.94 square feet) tract of land situated in
the ACH&B Survey, Section No. 1, Abstract No. 147, being all of a called 9.1404 acres,
described in deed to Bill E. Williams & Nancy C. Williams, Trustees, recorded in
Instrument No. 2015040910, Deed Records, Brazoria County, Texas.
General Location: 3326 South Main Street, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed CUP request
at their regular meeting on April 1, 2024. The applicant explained the need for the new wireless
communications tower and was able to answer any questions. There were no speakers from the
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public for or against the request. The Commission discussed future replacement of other wireless
communications tower, the impact of their increased height on adjacent development within the
city, and past request that have been presented to the Commission for wireless communications
towers.
After discussion, the Commission made a motion to recommend approval of the CUP for the
expansion of a Church use and the motion passed by a vote of 7-0. The vote by the
Commission constitutes a positive recommendation for Council approval.
Excerpts from the Minutes of the Planning & Zoning Commission Meeting:
CUP 24-10 (Wireless Communications Tower)
Senior Planner Buaku presented the staff report with exhibits. Senior Planner Buaku stated that
CUP was to replace an existing 140-foot-tall wireless communications tower with a 150-foot-tall
wireless communications tower within the Light Industrial (M-1) District. Senior Planner Buaku
stated staff has not received public comments for or against the application. Senior Planner Buaku
discussed the screen at the base of the tower, landscaping on the property, and the driveway.
Senior Planner Buaku stated that the CUP meets all criteria of the UDC, and staff recommends
approval.
Applicant, Vincent Gerard at 1705 Carlotta Lane, Austin, Texas 78733, was in attendance in-
person in Council Chambers to present to the P&Z Board. Mr. Gerard stated the tower was
provided by AT&T and Dish, there would be a masonry wall at the bottom of the tower with
landscaping and a driveway with a turn around. Mr. Gerard stated he is present for any additional
questions from the P&Z Board.
Chairperson Isenberg called for public input.
There were no persons wishing to speak for or against the proposed request.
Commissioner McDonald discussed the replacement of other communication towers and
suggested that staff investigate the maximum height of these towers in the future.
Commissioner Fuertes discussed that in the past they monitored cell towers closely and asked
them to co-locate the towers. Commissioner Fuertes asked the applicant if AT&T reception is
improving in the area. Mr. Gerard stated yes. Chairperson Isenberg stated that we have
become to be dependent upon technology and will need to investigate the height regulations
that may require towers to be higher for better reception.
There was no further discussion from Staff, P&Z Commission or Public input.
Chairperson Isenberg read into the record the item on Consideration and Possible Action –
Conditional Use Permit Application: CUP 24-10. Commissioner Dugas made the motion to
approve the CUP and Vice Chairperson Henrichs seconded the motion.
Motion passed 7-0.
Sincerely,
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Martin Griggs, AICP, CNU-A
Deputy Director, Community Development
On behalf of the Planning and Zoning Commission
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