R2018-CUP18-28 01-28-19 FAILED RESOLUTION R2018- CUP18-00028
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a gasoline station in conjunction
with a convenience store on a 2.05-acre lot located within the General
Business (GB) zoning district, being all of Lot A of the Adam & Malik
Developer, LLC, an addition to the City of Pearland, Brazoria County, Texas
according to the plat filed in Document No. 2017033125 in the Plat Records
of Brazoria County, Texas (Located at 3201 Pearland Parkway, Pearland,
TX). Conditional Use Permit Application No CUP18-00028, within the
General Business (GB) zoning district, at the request of Penh Studio, LLC,
applicant, represented by Nahid S. Haimonty, applicant, on behalf of Adam &
Malik Developer, LLC., owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Penh Studio, LLC, applicant, represented by Nahid S. Haimonty, on
behalf of Adam & Malik Developer, LLC., owner, is requesting approval of a Conditional
Use Permit (CUP) to allow a gasoline station in conjunction with a convenience store on
a 2.05-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 28th day of January, 2019, 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 Penh Studio, LLC, applicant, represented by Nahid S.
Haimonty, applicant, on behalf of Adam & Malik Developer, LLC., owner for approval of
a Conditional Use Permit to allow a gasoline station in conjunction with a convenience
store on a 2.05-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 General
Business (GB) zoning district, is hereby granted a Conditional Use Permit (CUP) to
allow a gasoline station in conjunction with a convenience store, subject to all
requirements of the General Business (GB) zoning district, in accordance with all
conditions and requirements of the Unified Development Code, such property being
more particularly described as:
Legal Description: Being all of Lot A, Adam & Malik Developer, LLC, an addition
to the City of Pearland, Brazoria County, Texas according to the plat filed in
Document No. 2017033125 in the Plat Records of Brazoria County, Texas.
General Location: 3201 Pearland 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
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 28th day of January, 2019.
p,j&a/
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all of Lot A, Adam & Malik Developer, LLC, an addition to the City of Pearland,
Brazoria County, Texas according to the plat filed in Document No. 2017033125 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 18-00028
A request by Penh Studio, LLC, applicant, on behalf of Adam & Malik
Developer, LLC., owner; for approval of a Conditional Use Permit (CUP) to
allow a convenience store with a gasoline station on a 2.05-acre lot
located within the General Business (GB) zoning district.
Legal Description: Adam & Malik Developer, LLC, Lot A, an addition to
the City of Pearland, Brazoria County, Texas according to the plat filed in
Document No. 2017033125 in the Plat Records of Brazoria County,
Texas.
General Location: 3201 Pearland Parkway, Pearland, TX.
Summary: The applicant is requesting approval for a conditional use
permit to develop a 4,500 square feet convenience store with five (5) fuel
stations at the northeast corner of Pearland Parkway and John Lizer
Road.
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