R2018-CUP-18-00026 2018-12-17 RESOLUTION R2018- CUP18-00026
An ordinance of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for an art Studio in the
Neighborhood Services (NS) zoning district, Being Lot 1, Block 1 of The
Centre at Kirby Ridge, an addition to the City of Pearland according to the
plat filed in Document No. 2017057813 in the Plat Records of Brazoria
County, Texas. (Located at 3695 Kirby Drive, Pearland, TX.) Conditional
Use Permit Application No CUP 18-00026, within the Neighborhood Services
(NS) zoning district, at the request of Alan Mueller, applicant, on behalf of
Centre at Kirby Ridge LLC, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Alan Mueller, applicant, on behalf of Centre at Kirby Ridge LLC,
owner; is requesting approval of a Conditional Use Permit (CUP) to allow for an art
Studio on approximately 3.795 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 17th day of December 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 Alan Mueller, applicant, on behalf of The Centre at Kirby Ridge
LLC, owner; for approval of a Conditional Use Permit on approximately 3.79 acres of
land to allow art studio 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
Neighborhood Service (NS) zoning district, is hereby granted a Conditional Use Permit
(CUP) to allow art studio use, subject to all requirements of the NS 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 of The Centre at Kirby Ridge, an addition to
the City of Pearland according to the plat filed in Document No. 2017057813 in
the Plat Records of Brazoria County, Texas.
General Location: 3695 Kirby Drive, 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 17thrday- ecember, 2018.
4Y91 ✓ Si,
TOM REID
MAYOR
ATTEST:
\\QEp,R!ANOi-
i/ `I irI
s'4.....•.. ...
ff NG 14RFI Gi'' ' _�: %\ ,
Y S"CRETA' ..
•V
C:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Lot 1, Block 1 of The Centre at Kirby Ridge, an addition to the City of Pearland according to the
plat filed in Document No. 2017057813 in the Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
Vim ' I - ti __ GRIMES'AVE ._ -
N ' ./M 10 1U IUIMI Exhibit 1
( -... ./.'' ' \\4,0.N.:1(0 .rREESTONE'AVE CUP 18-00026
1 .JNO0N g1N�'4N,7_0_ _ELI .:11' 'x i � � � Zoning and Aerial Map
MPGNQ`�PGR�S,L. ARROYO SPRINGS LN m
1 3
-1 = swim 1 ,o -e ', •,,. �, j fhe Center at Kirby Ridg
� YonxuM st ., { o I 3695 Kirby Drive
z�1,�
�, t- `fit i -. R 2 0
s --� 1♦ PUD -•17,..••.;. ""1,, 1 i .-1 , . T•ARA •PL.; ., .1 _.1
mu
Ws 1
CARSON AV6
CASCADE FALLS LN I I �
' ��t t FOXIfil� Legend
A �� 2 12 i! Subject ProPertY
� �
s RE\ II 1110OP ?
KAY1IN... ; • of ! �r�*i
!d, .. _
`. ----:::=-,i CR 59_—_ — c' e
"'rl
• i 1 .i A a
UN
III (Sr. 1 Sq'
d
. 7s..p•ud.n:s v id emdai pap..atui
4 ..�1 J MY love bees mimed r.ark asaNe
I tar '`,O brunos.a. k
1 l p -LOW.t.N• a..,..e.r.R....•al «,-1»[..«a+.or..s awl
me,c.1.4,0 aal.1h..ee.•x.M..,r.6a..r Maty
re •'
. t 1 inch=500 reel
Q PLANNING
-
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Drive, Pearland, Texas 77581
281.652.1765 FAX: 281.652-1702 www.pearlandtx.gov
NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND
THE PLANNING AND ZONING COMMISSION OF THE CITY OF
PEARLAND, TEXAS, REGARDING:
Conditional Use Permit Application No. CUP 18-00026
A request by Alan Mueller, applicant, on behalf of The Centre at Kirby
Ridge LLC, owner; for approval of a Conditional Use Permit (CUP) to
allow an art studio on a 3.79-acre lot located within the Neighborhood
Service (NS) zoning district.
Legal Description: Lot 1, Block 1 of The Centre at Kirby Ridge, an
addition to the City of Pearland according to the plat filed in Document No.
2017057813 in the Plat Records of Brazoria County, Texas.
General Location: 3695 Kirby Drive, Pearland. TX.
Summary: The applicant is requesting approval for a conditional use
permit to allow an art studio within the existing retail building.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
on:
MONDAY, December 17, 2018 AT 5:30 P.M.
You are receiving this notice because the Appraisal District records
indicate that you own property within 200 feet of the subject property
identified on the attached map.
You are invited to attend the public hearing and voice your support or
opposition for the above reference request. If you have comments please
feel free to email them to agonzalesa.pearlandtx.gov or submit a public
comment form using the above application number to reference this case.
For more information on this request and your involvement in the hearing
process, visit our website at www.pearlandtx.gov/public-hearings.