R2018-CUP-18-00017 2018-12-17 RESOLUTION R2018- CUP18-00017
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow for auto repair (minor) use
located in the Old Townsite — General Business (OT-GB) zoning
district; A 0.4796 acre tract of land being a part of Lot 21, Block 20, of
Pearland Townsite, according to the plat or map recorded in Volume 29,
Page 41, of the Deed Records of Brazoria County, Texas, and part of Tract
3, Section 2, of the H. T. & B. R.R. Co. Survey, Abstract 542, City of
Pearland, Brazoria County, Texas.. (Located at 2450 Main Street,
Pearland, TX.) Conditional Use Permit Application No CUP18-00017, within
the Old Townsite General Commercial (OT-GC) zoning district, at the
request of Noma Engineering & Construction represented by Khaled
Ghuneim, applicant, on behalf of Mustafa Shurafi, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Noma Engineering & Construction represented by Khaled Ghuneim,
applicant, on behalf of Mustafa Shurafi, owner are requesting approval of a Conditional
Use Permit (CUP) to allow for auto repair (minor) use on approximately 0.4796 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 Noma Engineering & Construction represented by Khaled
Ghuneim, applicant, on behalf of Mustafa Shurafi, owner; for approval of a Conditional
Use Permit on approximately 0.4796 acres of land to allow auto repair(minor) 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 Old
Townsite General Commercial (OT-GC) zoning district, is hereby granted a Conditional
Use Permit (CUP) to allow Auto repair (minor) use, subject to all requirements of the
OT-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 0.4796 acre tract of land being a part of Lot 21, Block 20,
of Pearland Townsite, according to the plat or map recorded in Volume 29, Page
41, of the Deed Records of Brazoria County, Texas, and part of Tract 3, Section
2, of the H. T. & B. R.R. Co. Survey, Abstract 542, City of Pearland, Brazoria
County, Texas.
General Location: 2450 Main Street, 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 17th day of ec ber, 2018.
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TOM REID
MAYOR
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
A 0.4796 acre tract of land being a part of Lot 21, Block 20, of Pearland Townsite,
according to the plat or map recorded in Volume 29, Page 41, of the Deed Records of
Brazoria County, Texas, and part of Tract 3, Section 2, of the H. T. & B. R.R. Co.
Survey, Abstract 542, City of Pearland, Brazoria County, Texas.
Exhibit B
Vicinity Map
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Exhibit C
Online Notification
CITY OF PEARLAND
352:3 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 18-00017
A request by Noma Engineering & Construction represented by Khaled
Ghunelm, applicant, on behalf of Mustafa Shurafi, owner; for approval of a
Conditional Use Permit (CUP) to allow for auto repair (minor) use on
approximately 0.4796 acre of land located within the Old Townsite—
General Business (OT-GB)zoning district.
Legal Description: Lot 1, Block 1 of Mustafa Addition, an addition to the
City of Pearland, Brazoria County, Texas according to the plat filed in
Document No. 2018001577 in the Plat Records of Brazoria County,
Texas.
General Location: 2450 Main Street, Pearland,TX.
Summary: The applicant is requesting approval to construct a new minor
auto repair facility. Minor auto repair involves a variety of services such as
parts replacement, oil change, minor repair. brake service, and other such
normal servicing. Minor auto repair does not include wrecker, collision
repair, or major reconditioning of vehicle systems,
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland,Texas
At 5:30 P.M., Monday, December 17.2018
You are receiving this notice because 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 aoonzalesgboearlandtx.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•,vWIN.pearlandtx.govipublic-heannos.