HomeMy WebLinkAboutR2024-CUP24-10-1 20250324RESOLUTION R2024- CUP24-10-1
A Resolution of the City Council of the City of Pearland, Texas, approving an
extension to R2024-CUP24-10 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, 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).
WHEREAS, on the 22nd day of April 2024 by Resolution R2024-CUP24-10, City
Council approved a Conditional Use Permit;
WHEREAS, Conditional Use Permits expire if: (1) a building permit for the use has
not been approved within one year of the date of approval of the Conditional Use Per mit;
(2) the building permit subsequently expires; (3) the use has been discontinued for a
period exceeding six months; or (4) a termination date attached to the permit has passed;
WHEREAS, CUP24-10 expires on the 22nd day of April 2025, because a building
permit for the use has not been approved within one year of the date of approval of the
Conditional Use Permit;
WHEREAS, Vincent Gerard & Associates, applicant, on behalf of Bill & Nancy
Williams, owner has submitted an application to extend the Cond itional Use Permit and
in the judgement of City Council the request for extension should be granted , now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
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Section I. The previously issues Conditional Use Permit for the following
described property within the corporate City Limits of the City of Pearland, Texas , and
presently being located within the Light Industrial (M-1) District, is hereby extend to an
expiration date of April 22nd of 2026:
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. 201 5040910, Deed Records, Brazoria
County, Texas.
General Location: 3326 South Main Street, 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 propos ed 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 de cision.
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.
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Section VI. This Resolution shall become effective after its passage and
approval
PASSED, APPROVED, and ADOPTED on this day, the 24th day of March 2025.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
_______________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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