Ord. CUP2015-03 2015-04-27Ordinance No. CUP 2015-03
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for the construction of a
Wireless Telecommunication Tower, for certain property. 2.046 acres out
of Lot 58 of the W. Zychlinski Subdivision, Vol. 29, Pg. 43 of the Brazoria
County Deed Records. within the H.T. & B.R.R. Co. Survey, Abstract 542
City of Pearland, Brazoria County. Texas. (Located at 1515 North Main
Street, Pearland, TX), Conditional Use Permit Application No 2015-03.
within the General Commercial (GC) zoning district, at the request of Greg
Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf of Ace Manor
Property Development 1, owner; containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Greg Gow (FCI) as Agent for Verizon Wireless. applicant; on behalf
of Ace Manor Property Development 1. owner; is requesting approval of a Conditional
Use Permit (CUP) to allow for the construction of a Wireless Telecommunication Tower
on approximately 2.046 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 16th day of March 2015, a Joint Public Hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the City,
the affidavit of publication 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, on the 16th day of March 2015, the Planning and Zoning
Commission submitted its report and recommendation to the City Council regarding the
proposed Conditional Use Permit to allow for the construction of a Wireless
Telecommunication Tower on approximately 2.046 acres of land, said recommendation
attached hereto and made a part hereof for all purposes as Exhibit "E"; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at regular meetings on the 13th day of April 2015
and the 27th day of April 2015; and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case
of the application of Greg Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf
of Ace Manor Property Development 1, owner; for approval of a Conditional Use Permit
on approximately 2.046 acres of land to allow for the construction of a Wireless
Telecommunication Tower; presented which, in the judgment of the City Council, would
justify the approval of said application; now, therefore,
BE IT ORDAINED 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) zoning district, is hereby granted a Conditional Use Permit to allow for
the construction of a Wireless Telecommunication Tower, subject to all requirements of
the GC zoning district and the site plan attached hereto and made a part hereof for all
purposes as Exhibit "E", in accordance with all conditions and requirements of the
current 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 2.046 acres out of Lot 58 of the W. Zychlinski
Subdivision, Vol. 29, Pg. 43 of the Brazoria County Deed Records, within the
H.T. & B.R.R. Co. Survey, Abstract 542 City of Pearland, Brazoria County,
Texas.
Page 2 of 11
Ord. No CUP 2015-03
GENERAL LOCATION: 1515 North Main Street, Pearland. TX
Subject to the following conditions:
1. Additional landscaping shall be added along the access easement and
around the proposed enclosure in order to meet the requirements of the
UDC.
2. The full length of the access easement shall be paved in order to meet the
specifications of the UDC.
The site plan for the entire site is not being approved with this CUP. Only
the portion referencing the proposed addition of landscaping, paving of the
access easement, and location of the proposed enclosure, will be
approved with this CUP. All other UDC requirements need to be met.
Future approvals by the Zoning Board of Adjustments (ZBA) may be
required if the UDC requirements are not able to be met, including the
required landscape buffer along Main St.
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, phraseor 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.
Page 3 of 11
Ord. No CUP 2015-03
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 Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this 13th day of April,
2015.
ATTEST:
IZ�
TOM REID
MAYOR
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 27th
TOM REID
MAYOR
day of April, 2015.
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Page 5 of 11
Ord. No CUP 2015-03
Ord. No. CUP2015-03
Exhibit "A"
Exhibit A
Legal Description
Being 2.046 acres out of Lot 58 of the W. Zychlinski Subdivision, Vol. 29, Pg. 43 of the
Brazoria County Deed Records, within the H.T. & B.R.R. Co. Survey, Abstract 542 City
of Pearland, Brazoria County, Texas.
Page 6 of 11
Ord. No CUP 2015-03
Ord. No. CUP2015-03
Exhibit "B"
Exhibit B
Vicinity Map
Exhibit 1
AERIAL MAP
CUP No. 2015.03
1515 N Main St.
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MARCH 2015
PIANNING DEPP7Tnesz
Page7of 11
Ord. No CUP 2015-03
Ord. No. CUP2015-03
Exhibit "C"
STATE OF TEXAS
COUNTY OF BRAZORIA
Personally appeared before the undersigned, a Notary Public within and for said
County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the
Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas.
Who being duly sworn, states under oath that the report of Legal Notice, a true copy of
Which is hereto annexed was published in said newspapers in its issue(s) of February 26, 2015.
i
Publisher's Representative
Sworn to and subscribed before me this 7/4- day of / C > [LJG(2r12015.
ao
Notary Public
My commission expires on
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MARILYN ZARATE
PC'''.' z`=fi
Notory Public, Stole of Texas
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My Commission Expires
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September 07, 2019
Legal Notices
Z1 Thursday, February 26, 2015, Page 21A
Legal Notices
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
•.•
OF THE CITY OF PEARLAND, TEXAS ,
CONDITIONAL USE PERMIT APPLICATION NO: CUP 2015-03 ,
Notice is hereby given that on March 16, 2015 at 6:30 p.m., the
City Council and Planning and Zoning Commission of the City of
Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will
conduct a joint public hearing in the Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of
Greg Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf
of Ace Manor Property Development 1, owner: for approval of a
Conditional Use Permit (CUP) to allow for the construction of a
Wireless Telecommunication Tower located within the General
Commercial (GC) zoning district on approximately 2.046 acres of
land, to wit:
Being 2.046 acres out of Lot 58 of the W. Zychlinski Subdivision,
Vol. 29, Pg. 43 of the Brazoria County Deed Records, within the
H.T. & B.R.R. Co. Survey, Abstract 542 City of Pearland, Brazoria
County, Texas.
General Location: 1515 North Main Street, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652-1765.
Ian Clowes
Senior Planner
Exhibit C
Legal Ad
1NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NO: CUP 2015-03
Notice is hereby given that on March 16, 2015 at 6:30 p.m., the
City Council and Planning and Zoning Commission of the City of
Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will
conduct a joint public hearing in the Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of
Greg Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf
of Ace Manor Property Development 1, owner; for approval of a
Conditional Use Permit (CUP) to allow for the construction of a
Wireless Telecommunication Tower located within the General
Commercial (GC) zoning district on approximately 2.046 acres of
land, to wit:
Being 2.046 acres out of Lot 58 of the W. Zychlinski Subdivision,
Vol. 29, Pg. 43 of the Brazoria County Deed Records, within the
H.T. & B.R.R. Co. Survey, Abstract 542 City of Pearland, Brazoria
County, Texas.
General Location: 1515 North Main Street, Pearland, TX
At said hearing, all interested parties shall have the right and
opportunity to appear and be heard on the subject. For additional
information, please contact the Planning Department at 281-652-1765.
Ian Clowes
Senior Planner
Page 8 of 11
Ord. No CUP 2015-03
Ord. No. CUP2015-03
Exhibit "D"
Exhibit D
Planning and Zoning Commission Recommendation Letter
Planning & Zoning Commission
Recommendation Letter
March 17, 2015
Honorable Mayor and City Council Members
3519 Liberty Drive
Pearland, TX 77581
Re: Recommendation on CUP Application 2015-03
Honorable Mayor and City Council Members:
At their regular meeting on March 16, 2015, the Planning and Zoning Commission
considered the following:
A request of Greg Gow (FCI) as Agent for Verizon Wireless, applicant; on behalf
of Ace Manor Property Development 1, owner; for approval of a Conditional Use
Permit (CUP) to allow for the construction of a Wireless Telecommunication
Tower located within the General Commercial (GC) zoning district on
approximately 2.046 acres of land, on the following described property:
LEGAL DESCRIPTION: Being 2.046 acres out of Lot 58 of the W. Zychlinski
Subdivision, Vol. 29, Pg. 43 of the Brazoria County Deed Records, within the
H.T. & B.R.R. Co. Survey, Abstract 542 City of Pearland, Brazoria County,
Texas.
GENERAL LOCATION: 1515 North Main Street, Pearland, TX
P&Z Commissioner Thomas Duncan made a motion to recommend approval of the
CUP request with staff's recommended conditions. The motion was seconded by P&Z
Commissioner Mary Starr. The vote was 5-0 and the motion was approved with staff's
conditions. Commissioners Reed, Starr, McLane, Fuertes, and Duncan all voted in favor
of the requested CUP.
Page 9 of 11
Ord. No CUP 2015-03
Sincerely,
Ian Clowes
Senior Planner
On behalf of the Planning and Zoning Commission
Page 10 of 11
Ord. No CUP 2015-03
Ord. No. CUP2015-03
Exhibit "E"
Exhibit E
Site Plan
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Ord. No CUP 2015-03