R2018-CUP18-00012 2018-06-18 RESOLUTION R2018- CUP18-00012
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for expansion of
nonconformities and office use located in the Light Industrial (M-1)
zoning district, A tract containing 26.754 acres of land, more or less, out of
Tracts 6 and 15, Section No. 5, H. T. & B. R.R. Co. Survey, Abstract No.
237, Brazoria County, Texas as recorded in Volume 28, Page 6 of the Deed
Records of Brazoria County, Texas. (Located at 13600 Hatfield Road,
Pearland, TX.) Conditional Use Permit Application No CUP18-00012, within
the Light Industrial (M-1) zoning district, at the request of Sean Rives,
applicant, on behalf of Dennis J. Hayden, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Sean Rives, applicant, on behalf of Dennis J. Hayden, owner; are
requesting approval of Conditional Use Permit (CUP) to allow for expansion of
nonconformities and office use on approximately 26.754 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 18th day of June 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
RESOLUTION R2018-CUP18-00012
of the application of Sean Rives, applicant, on behalf of Dennis J. Hayden, owner for
approval of a Conditional Use Permit on approximately 26.754 acres of land to allow
expansion of nonconformities and office 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 Light
Industrial (M-1) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow expansion of nonconformities and office use, subject to all requirements of the M-1
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 tract containing 26.754 acres of land, more or less, out of
Tracts 6 and 15, Section No. 5, H. T. & B. R.R. Co. Survey, Abstract No. 237,
Brazoria County, Texas as recorded in Volume 28, Page 6 of the Deed Records
of Brazoria County, Texas.
General Location: 13600 Hatfield Road, 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
RESOLUTION R2018-CUP18-00012
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 t e 18th June, 2018.
OkrZ
TOM REID
MAYOR
ATTEST: .. ,,
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+ Y S PT'ETARY
06-4.
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION R2018-CUP18-00012
Exhibit A
Legal Description
A tract containing 26.754 acres of land, more or less, out of Tracts 6 and 15, Section
No. 5, H. T. & B. R.R. Co. Survey, Abstract No. 237, Brazoria County, Texas as
recorded in Volume 28, Page 6 of the Deed Records of Brazoria County, Texas
RESOLUTION R2018-CUP18-00012
Exhibit B
Vicinity Map
• Exhibit 1
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Zoning and Aerial Map
13600 Hatfield Road
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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 18-00012
Notice is hereby given that on June 18, 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 Sean Rives, applicant,
on behalf of Dennis J. Hayden, owner; for approval of a Conditional Use Permit (CUP) to
allow for expansion of nonconformities and office use located in the Light Industrial (M-1)
zoning district; on approximately 26.754 acres of land. to wit:
A tract containing 26.754 acres of land, more or less, out of Tracts 6 and 15,
Section No. 5, H. T. & B. R.R. Co. Survey, Abstract No. 237, Brazoria County,
Texas as recorded in Volume 28. Page 6 of the Deed Records of Brazoria County,
Texas
General Location: 13600 Hatfield Road. 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
RESOLUTION R2018-CUP18-00012