R2017-CUP17-00021 2017-11-20RESOLUTION R2017- CUP17-00021
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an Auto Repair (Major and
Minor) in the Old Townsite — General Business (OT -GB) zoning district,
being a 0.3228 acres of land being Tots 40 through 44, in Block 4 of Pearland
Townsite, a subdivision in Harris County, Texas, according to the plat or map
thereof recorded in Volume 29, Page 41, of the Map Records of Brazoria
County, Texas. (Located at 2214 Main Street, Pearland, TX.) Conditional
Use Permit Application No CUP 17-00021, within the Old Townsite —
General Business (OT -GB) zoning district, at the request of James S. Walker
Architects represented by Robert Pope, applicant, on behalf of CarTex
Automotive Repair represented by Trinh Le, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, James S. Walker Architects represented by Robert Pope, applicant,
on behalf of CarTex Automotive Repair represented by Trinh Le, owner; is requesting
approval of a Conditional Use Permit (CUP) to allow for an auto repair (major and
minor) use on an approximately 0.3228 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 20th day of November 2017, 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 advised in the premises, finds that in the case
of the application of James S. Walker Architects represented by Robert Pope, applicant,
on behalf of CarTex Automotive Repair represented by Trinh Le, owner; for approval of
a Conditional Use Permit on approximately 0.3228 acres of land to allow an auto repair
(major and minor) use; 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 Old
Townsite — General Business (OT -GB) zoning district, is hereby granted a Conditional
Use Permit (CUP) to allow an auto repair (major and minor) use, subject to all
requirements of the OT -GB zoning district, 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 a 0.3228 acres of land being Tots 40 through 44, in
Block 4 of Pearland Townsite, a subdivision in Harris County, Texas, according
to the plat or map thereof recorded in Volume 29, Page 41, of the Map Records
of Brazoria County, Texas.
General Location: 2214 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 proposed change has been
Page 2 of 7
R2017 — CUP17-00021
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 on second and final reading.
PASSED, APPROVED, and ADOPTED on this the 20thcde.)a- f November, 2017.
Et 21,2
ATTEST:
TOM REID
MAYOR
Page 3 of 7
R2017 — CUP 17-00021
DARRIN M. COKER
CITY ATTORNEY
Page 4of7
R2017 — CUP17-00021
Exhibit A
Legal Description
Being a 0.3228 acres of land being lots 40 through 44, in Block 4 of Pearland Townsite,
a subdivision in Harris County, Texas, according to the plat or map thereof recorded in
Volume 29, Page 41, of the Map Records of Brazoria County, Texas.
Page 5 of 7
R2017 — CUP17-00021
Exhibit B
Vicinity Map
Exhibit 1
Zoning and Aerial Map
CUP 17-00021
!= Subject Property
Thin pnduct in fvr inbrreationalparpeees and
may mat have been prepared f r ar be amiable
t,T l.Ral. rnRtneennR, nr nurvnu,R pnrpwx 1t
loan no, repr«ent nn on.thc-Rrnmd ear et a¢d
npreeent only the npptnaimate telative location
of property buundarire.
1 inch = 197 feet
DECEMBER 20Ili
PLANNING DEPARTMENT
Page 6 of 7
R2017 — CUP17-00021
Exhibit C
Online Notification
NOTICE OF A JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING COMMISSION
OF THE CITY OF PEARLAND, TEXAS
CONDITIONAL USE PERMIT APPLICATION NUMBER: CUP 17-00021
Notice is hereby given that on November 20, 2017, 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 special meeting in the Training Room of the
Public Safety Building located on the second floor, located at 2555 Cullen Parkway,
Pearland, Texas, at the request of James S. Walker Architects represented by Robert
Pope, applicant, on behalf of CarTex Automotive Repair represented by Trinh Le, owner;
for approval of a Conditional Use Permit (CUP) to allow for an Auto Repair Major and
Minor located in the Old Townsite — General Business (OT -GB) zoning district; on
approximately 0.3228 acres of land, to wit:
Being a 0.3228 acres of land being lots 40 through 44, in Block 4 of Pearland
Townsite, a subdivision in Harris County, Texas, according to the plat or map
thereof recorded in Volume 29, Page 41. of the Map Records of Brazoria County,
Texas.
General Location: 2214 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.
Martin Griggs
Senior Planner
Page 7 of 7
R2017 — CUP17-00021