R2018-CUP18-00023 2018-11-19 RESOLUTION R2018- CUP18-00023
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for four-family dwelling
(quadriplex) development located within the Old Townsite Mixed Use
(OT-MU) zoning district; a 0.192 acre (8,362 sq. ft.) tract of land, out of Lot
1, Block 1, Next Apartments, an addition to the City of Pearland, Brazoria
County, Texas, according to the plat recorded in Document No. 2017058287,
Plat Records, Brazoria County,Texas. (Located at 2543 S. Texas Avenue,
Pearland, TX.) Conditional Use Permit Application No CUP18-00023, within
Old Townsite Mixed Use (OT-MU) zoning district, at the request of William
Lacombe, applicant, on behalf of Mai and William Lacombe, owners,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, William Lacombe, applicant, on behalf of Mai and William Lacombe,
owners; is requesting approval of a Conditional Use Permit (CUP) to allow for a four-
family dwelling (quadriplex) development on approximately 0.192 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 November 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 William Lacombe, applicant, on behalf of Mai and William Lacombe,
owners; for approval of a Conditional Use Permit on approximately 0.192 acres of land
to allow four family dwelling development; 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 Mixed Use (OT-MU) zoning district, is hereby granted a Conditional Use
Permit (CUP) to allow a four-family dwelling (quadriplex) development, subject to all
requirements of the OT-MU 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: Lot 1, Block 1, Next Apartments, an addition to the City of
Pearland, Brazoria County, Texas, according to the plat recorded in Document
No. 2017058287, Plat Records, Brazoria County, Texas.
General Location: 2543 S. Texas Avenue, 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 November, 2018.
OY�1
M REID
MAYOR
ATTEST:
'UNG , T' C =� %\
Y S.f.-ET• -Y ....
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Lot 1 of a subdivision of 0.215 acre of land all of Lots 22, 23, & 24, Block 30 Pearland Townsite
recorded in Volume 29, Page 41, B.C.D.R. situated in the R.B. Lyle Survey, Section 2, A-542
City of Pearland, Brazoria County, Texas.
Exhibit B
Vicinity Map
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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 18-00023
Notice is hereby given that on November 19, 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 William and
Mai Lacombe, applicant/owner; for approval of a Conditional Use Permit (CUP) to allow
for dwelling — four-family (quadriplex) use located in the Old Townsite Mixed Use (OT-
MU) zoning district; on approximately 0.192 acres of land, to wit:
Lot 1 of a subdivision of 0.215 acre of land all of Lots 22, 23, & 24, Block 30
Pearland Townsite recorded in Volume 29, Page 41, B.C.D.R, situated in the R.B.
Lyle Survey, Section 2, A-542 City of Pearland. Brazoria County, Texas.
General Location: Northeast corner of South Texas Avenue and West Walnut
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
Planning Manager