R2019-CUP19-00005 2019-06-24 RESOLUTION R2019- CUP19-00005
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow "Truck (Heavy) and Bus Rental
or Sales" on two tracts of land totaling 0.78 acre located within the
General Commercial (GC) District, being two tracts of land totaling 0.7805
acres situated in the A.C.H. & B.R.R. Company Survey, Abstract No. 147,
Brazoria County, Texas, being Tract 119A and Tract 119A-1, a Subdivision
of Section 1, of the A.C.H. & B.R.R. Company Survey, Abstract No. 147,
Brazoria County, Texas as recorded in Volume 2, Page 1, of the Plat
Records of Brazoria County, Texas. (Located at 3117 S. Main Street, Suite
107, Pearland, TX). Conditional Use Permit Application No CUP19-00005,
within the General Commercial (GC) District, at the request of Tim Garcia,
applicant and owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, Tim Garcia, applicant and owner, is requesting approval of a
Conditional Use Permit (CUP) to allow "Truck (Heavy) and Bus Rental or Sales" on 0.78
acre 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 June, 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 Tim Garcia, applicant and owner, for approval of a Conditional
Use Permit to allow "Truck (Heavy) and Bus Rental or Sales" on 0.78 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 General
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for "Truck
(Heavy) and Bus Rental or Sales", subject to all requirements of the General
Commercial (GC) 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 two tracts of land totaling 0.7805 acres situated in the
A.C.H. & B.R.R. Company Survey, Abstract No. 147, Brazoria County, Texas,
being Tract 119A and Tract 119A-1, a Subdivision of Section 1, of the A.C.H. &
B.R.R. Company Survey, Abstract No. 147, Brazoria County, Texas as recorded
in Volume 2, Page 1, of the Plat Records of Brazoria County, Texas.
General Location: 3117 S. Main Street, Suite 107, 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 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.
PASSED, APPROVED, and ADOPTED on this the 17th day of June, 2019.
G%YY) cJ
TOM REID
_-a- MAYOR
ATTEST: - ......
Y"IUNG Li°FINt. ?'MC
C Y SEC" ETARY
H CFA--
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being two tracts of land totaling 0.7805 acres situated in the A.C.H. & B.R.R. Company
Survey, Abstract No. 147, Brazoria County, Texas, being Tract 119A and Tract 119A-1,
a Subdivision of Section 1, of the A.C.H. & B.R.R. Company Survey, Abstract No. 147,
Brazoria County, Texas as recorded in Volume 2, Page 1, of the Plat Records of
Brazoria County, Texas.
Exhibit B
Vicinity Map
Exhibit 1
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Legend
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Exhibit C
Online Notification
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 19-00005
A request by Tim Garcia, applicant and owner, for approval of a
Conditional Use Permit (CUP) to allow Truck (Heavy) and Bus Rental or
Sales on two tracts of land totaling 0.78 acre located within the General
Commercial (GC) District.
Legal Description: Being two tracts of land totaling 0.7805 acres situated
in the A.C.H. & B.R.R. Company Survey, Abstract No. 147, Brazoria
County, Texas. being Tract 119A and Tract 119A-1, a Subdivision of
Section 1, of the A.C.N. & B.R.R. Company Survey, Abstract No. 147,
Brazoria County; Texas as recorded in Volume 2, Page 1, of the Plat
Records of Brazoria County. Texas.
General Location: 3117 S. Main Street, Suite 107; Pearland, TX.
Summary: The applicant proposes to locate a U-Haul dealer within the
existing building on the subject property. U-Haul dealer is considered
Truck (Heavy) and Bus Rental or Sales; which is defined by the Unified
Development Code as the rental or sale of new or used panel trucks,
vans, trailers, recreational vehicles or motor-driven buses in operable
condition and where no repair work or intensive cleaning operations are
performed.
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. June 17, 2019