R2019-CUP19-00031 2019-06-17 RESOLUTION R2019- CUP18-00031
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a two-family dwelling on 0.287
acre tract of land located within the Old Townsite Mixed Use (OT-MU)
District, being lot 6 through 9, inclusive, in block 26 of Pearland Townsite, in
Brazoria County, Texas, recorded in Volume 29 page 41 of the Map Records
of Brazoria County, Texas. (Located at 2513 S. Grand St., Pearland, TX).
Conditional Use Permit Application No CUP18-00031, within the Old
Townsite Mixed Use (OT-MU) District, at the request of Emily L. Besser,
applicant, on behalf of Thomas L. Besser, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Emily L. Besser, applicant, on behalf of Thomas L. Besser, owner, is
requesting approval of a Conditional Use Permit (CUP) to allow a two-family story on
0.287 acre tract of land located within the old Townsite Mixed Use (OT-MU) District 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 20th day of May, 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 Emily L. Besser, applicant, on behalf of Thomas L. Besser,
owner, for approval of a Conditional Use Permit to allow a two-family dwelling on 0.287
acre; 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) District, is hereby granted a Conditional Use Permit
(CUP) for a two-family residence, subject to all requirements of the Old Townsite Mixed
Use (OT-MU) 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 lot 6 through 9, inclusive, in block 26 of Pearland
Townsite, in Brazoria County, Texas, recorded in Volume 29 page 41 of the Map
Records of Brazoria County, Texas
General Location: 2513 S. Grand St., 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 and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the Resolution 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 Resolution 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 Resolution 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.
PASSED, APPROVED, and ADOPTED on this the 17th day of June, 2019.
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TOM REID
MAYOR
ATTEST:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being lot 6 through 9, inclusive, in block 26 of Pearland Townsite, in Brazoria County,
Texas, recorded in Volume 29 page 41 of the Map Records of Brazoria County, Texas
Exhibit B
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CUP 18-00031
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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 18-00031
A request by Emily L. Besser, applicant, on behalf of Thomas L. Besser,
owner; for approval of a Conditional Use Permit (CUP) to allow two-family
dwelling (duplex) use located within the Old Townsite Mixed Use (OT-MU)
District; on approximately 0.287 acres of land.
Legal Description: Lot 6 through 9, inclusive, in block 26 of Pearland
Townsite, in Brazoria County, Texas, recorded in Volume 29 page 41 of
the Map Records of Brazoria County, Texas
General Location: 2513 S. Grand St., Pearland, TX
Summary: The applicant proposes to subdivide the existing lot into two
lots to accommodate the existing home and a 3,000-square foot duplex
development.
THE PUBLIC HEARING WILL BE HELD IN THE
Council Chamber at City Hall
LOCATED AT
3519 Liberty Drive, Pearland, Texas
At 6:30 P.M., Monday, May 20, 2019