R2018-CUP18-00010 2018-05-21RESOLUTION R2018- CUP18-00010
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an auto glass repair/tinting
located in the General Commercial (GC) zoning district, A 1.0000 acre
land out of a 3.144 acre tract of land out of Lot 23 of the Allison Richey Gulf
Coast Home Company's Suburban Garden's Subdivision of Section 8 H.T. &
B.R.R. Co. Survey, A-504, Brazoria County, Texas, said subdivision
recorded in Volume 2, Page 23 of the Plat Records of Brazoria County,
Texas. (Located at 6905 Broadway Street Suite 205, Pearland, TX.)
Conditional Use Permit Application No CUP18-00010, within the
Neighborhood Services (NS) zoning district, at the request of Edwin
Sanchez, applicant, on behalf of Virgil F. Block, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Edwin Sanchez, applicant, on behalf of Virgil F. Block, owner; are
requesting approval of a Conditional Use Permit (CUP) to allow for an auto glass
repair/tinting use on approximately 1.0000 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 21st day of May 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 Edwin Sanchez, applicant, on behalf of Virgil F. Block, owner for
approval of a Conditional Use Permit on approximately 1.0000 acres of land to allow an
auto glass repair/tinting 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 General
Commercial (GC) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow an auto glass repair/tinting use, subject to all requirements of the GC 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: A 1.0000 acre land out of a 3.144 acre tract of land out of Lot
23 of the Allison Richey Gulf Coast Home Company's Suburban Garden's
Subdivision of Section 8 H.T. & B.R.R. Co. Survey, A-504, Brazoria County,
Texas, said subdivision recorded in Volume 2, Page 23 of the Plat Records of
Brazoria County, Texas.
General Location: 6905 Broadway Street Suite 205, 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 te 21st d of May, 2018.
TO D
MAYOR
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
A 1.0000 acre land out of a 3.144 acre tract of land out of Lot 23 of the Allison Richey
Gulf Coast Home Company's Suburban Garden's Subdivision of Section 8 H.T. &
B.R.R. Co. Survey, A-504, Brazoria County, Texas, said subdivision recorded in Volume
2, Page 23 of the Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
Exhibit 1
Zoning and Aerial Map
6905 Broadway Street
Suite 205
AAm
CUP 18-00010
Legend
Subject Property
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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 18-00010
Notice is hereby given that on May 21, 2018, 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 Council Chambers of City Hall,
located at 3519 Liberty Drive, Pearland, Texas, at the request of Edwin Sanchez,
applicant, on behalf of Virgil F. Block, owner, for approval of a Conditional Use Permit
(CUP) to allow for auto glass repair/tinting located in the General Commercial (GC) zoning
district; on approximately 1.0000 acres of land, to wit:
A 1.0000 acre land out of a 3.144 acre tract of land out of Lot 23 of the Allison
Richey Gulf Coast Home Company's Suburban Garden's Subdivision of Section 8
H -T. & B.R.R. Co. Survey, A-504, Brazoria County, Texas, said subdivision
recorded in Volume 2, Page 23 of the Plat Records of Brazoda County, Texas.
General Location: 6905 Broadway Street Suite 205, 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