R2018-CUP18-00001 2018-03-19RESOLUTION R2018- CUP18-00001
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an agricultural animal
husbandry use in the Single -Family Estate (RE) zoning district, 2.1763
acres of land, out of 4.6889 acres or 204,248 square feet out of Lot 42 of
Allison -Richey Gulf Coast Home Co., part of Suburban Gardens Subdivision,
Section one, map or plat of which is recorded in Volume 2, Page 107 of the
Plat Records of Brazoria County, Texas and being located within the HT&B
RR Co. survey, Abstract Nos 310 & 304; said 4.6889 acres being that same
tract of land as described by deed recorded in Brazoria County Clerk's File
No 2003044644. (Located at 2306 Brookney Street, Pearland, TX.)
Conditional Use Permit Application No CUP18-00001, within the Residential
Estate (RE) zone district, at the request of Mark and Andrea Medina,
applicant and owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, Mark and Andrea Medina, applicant, and owner; are requesting
approval of a Conditional Use Permit (CUP) to allow for an agricultural animal
husbandry use on approximately 2.1763 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 19th day of March 2018, 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 Mark and Andrea Medina, applicant and owner for approval of a
Conditional Use Permit on approximately 2.1763 acres of land to allow an agricultural
animal husbandry; 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 Single -
Family Estate (RE) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow an agricultural animal husbandry use, subject to all requirements of the RE 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: 2.1763 acres of land, out of 4.6889 acres or 204,248 square
feet out of Lot 42 of Allison -Richey Gulf Coast Home Co., part of Suburban
Gardens Subdivision, Section one, map or plat of which is recorded in Volume 2,
Page 107 of the Plat Records of Brazoria County, Texas and being located within
the HT&B RR Co. survey, Abstract Nos 310 & 304; said 4.6889 acres being that
same tract of land as described by deed recorded in Brazoria County Clerk's File
No 2003044644.
General Location: 2306 Brookney Street, Parkway, 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
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 19th day of March, 2018.
ATTEST:
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TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION R2018- CUP18-00001
Exhibit A
Legal Description
2.1763 acres of land, out of 4.6889 acres or 204,248 square feet out of Lot 42 of
Allison -Richey Gulf Coast Home Co., part of Suburban Gardens Subdivision, Section
one, map or plat of which is recorded in Volume 2, Page 107 of the Plat Records of
Brazoria County, Texas and being located within the HT&B RR Co. survey, Abstract
Nos 310 & 304; said 4.6889 acres being that same tract of land as described by deed
recorded in Brazoria County Clerk's File No 2003044644.
RESOLUTION R2018- CUP18-00001
Exhibit B
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RESOLUTION R2018- CUP18-00001
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
CONDrTIONAL USE PERMIT APPLICATION NUMBER: CUP 18-00001
Notice is hereby given that on March 19, 2018, at 6:30 p.m., the City Council and Planning
and Zoning Commission of the City of Pearland, In Brazoria, Hams and Fort Bend
Counties, Texas, will conduct a joint special meeting in the Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at he request of Mark and Andrea
Medina, applicant and owner; for approval of a Conditional Use Permit (CUP) to allow for
an agricultural animal husbandry use located in the Single -Family Estate (RE) zoning
district; on approximately 2_1763 acres of land, to wit:
A tract or parcel of land containing 2.1763 acres out of 4.6889 acres or 204,248
square feet out of Lot 42 of Allison -Richey GuIf Coast Home Co., part of Subu an
Gardens Subdivision, Section one, map or plat of which is recorded in Volume 2,
Page 107 of the Plat Records of Brazoria County, Texas and being located within
the HT&B RR Co. survey, Abstract Nos 310 & 304; said 4.6889 acres being that
same tract of land as described by deed recorded in Brazoria County Clerk's File
No 2003044644.
General Location: 2306 Brookney Street, Peadand, 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