R2018-CUP18-00030 2018-12-17 RESOLUTION R2018- CUP18-00030
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow an auto repair (minor) on a 0.91-
acre lot located within the Pearland Town Center Planned Unit
Development District, being all of Lot 9, Block 1 of Kirby Crossing, Section
2, an addition to the City of Pearland, Brazoria County, Texas according to
the plat filed in Document No. 2017028035 in the Plat Records of Brazoria
County, Texas (Located at 3000 Kirby Drive, Pearland, TX). Conditional
Use Permit Application No CUP18-00030, within the Pearland Town Center
Planned Unit Development District, at the request of Michael Hoffman,
applicant, on behalf of New Broadway, Ltd., owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Michael Hoffman, applicant, applicant, on behalf of New Broadway,
Ltd., owner, is requesting approval of a Conditional Use Permit (CUP) to allow an auto
repair (minor) on a 0.91-acre lot 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 advertised in the premises, finds that in the
case of the application of Michael Hoffman, applicant, on behalf of New Broadway, Ltd.,
owner, for approval of a Conditional Use Permit to allow an auto repair (minor) on a
0.91-acre lot; 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 Pearland
Town Center Planned Unit Development District, is hereby granted a Conditional Use
Permit (CUP) to allow an auto repair (minor), subject to all requirements of the Pearland
Town Center Planned Unit Development District, in accordance with all conditions and
requirements of the 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: Being all of Lot 9, Block 1 of Kirby Crossing, Section 2,
according to the plat filed in Document No. 2017028035 in the Plat Records of
Brazoria County, Texas.
General Location: 3000 Kirby Drive, Pearland, TX.
Conditions: The CUP shall be subject to the following conditions:
1. An access and construction easement agreement shall be executed with the
adjacent property to the north in order to allow the construction and access to
the offsite travel lane.
2. A hedgerow of shrubs (planted at 3' on-center) and ornamental trees (planted
at 20' on-center) be provided along the rear of the building to provide
screening from the undeveloped property.
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 December, 2018.
TOM REID
MAYOR
ATTEST:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all of Lot 9, Block 1 of Kirby Crossing, Section 2, according to the plat filed in
Document No. 2017028035 in the Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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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 18-00030
A request by Michael Hoffman, applicant. on behalf of New Broadway,
Ltd., owner; for approval of a Conditional Use Permit (CUP) to allow an
auto repair (minor) on a 0.91-acre lot located within the Pearland Town
Center Planned Unit Development District.
Legal Description: Lot 9, Block 1 of Kirby Crossing, Section 2, an
addition to the City of Pearland, Brazoria County, Texas according to the
plat filed in Document No. 2017028035 in the Plat Records of Brazoria
County, Texas.
General Location: 3000 Kirby Drive, 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